In an unexpected development, and days before the case was scheduled to proceed to trial, federal prosecutors dropped all remaining charges against six immigration-rights activists known as the “Broadview Six,” who were initially charged with a felony conspiracy count and misdemeanor counts of forcibly impeding, interfering, and intimidating a federal agent. These charges stem from a protest outside the ICE detention facility in Broadview, Illinois. Taft represented 45^th Ward Committeeman Michael Rabbitt, one of the defendants whose case was dismissed with prejudice.

In a hearing before U.S. District Judge April Perry, the U.S. Attorney’s Office moved to dismiss charges after grand jury transcripts revealed what the Court characterized as prosecutorial misconduct in obtaining the indictment. The prosecutor allegedly interacted improperly when she personally vouched for the charges, interacted improperly with at least one grand juror, and dismissed grand jurors who opposed the government’s case, prompting sharp criticism from the Court. After discovering the misconduct, federal prosecutors redacted portions of the grand jury transcripts (thereby concealing the misconduct), which had been ordered to be produced to the court in camera. Defense counsel continued to fight for release of the grand jury transcripts. After reviewing the transcripts in their entirety, Judge Perry scheduled a hearing for government counsel to address the redactions made by government attorneys. After a sealed hearing on the matter, the U.S. Attorney’s Office dismissed the remaining charges against the defendants. The outcome is both a vindication for the Broadview Six and a reminder of the courts’ critical oversight role in safeguarding the integrity of our criminal justice system and matters occurring before the grand jury.

Rabbitt was represented by Compliance, Investigations, and White Collar Defense partner Nancy DePodesta and senior associate Carly Chocron, both out of Taft’s Chicago office.

DePodesta is a former federal prosecutor and highly regarded white-collar defense attorney and trial lawyer. She regularly defends clients in investigations conducted by the Department of Justice and other federal law enforcement and governmental agencies.

Chocron represents individuals and corporations in complex white collar criminal matters, internal investigations, and enforcement actions involving the DOJ, FBI, SEC, IRS, EPA, OFAC, HHS, and other federal and state agencies. Her practice spans a broad range of white-collar issues.