People v. Hagan

583 N.E.2d 494, 145 Ill. 2d 287, 164 Ill. Dec. 578, 1991 Ill. LEXIS 114
CourtIllinois Supreme Court
DecidedNovember 21, 1991
Docket70779
StatusPublished
Cited by38 cases

This text of 583 N.E.2d 494 (People v. Hagan) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hagan, 583 N.E.2d 494, 145 Ill. 2d 287, 164 Ill. Dec. 578, 1991 Ill. LEXIS 114 (Ill. 1991).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Following a bench trial in the circuit court of Lake County, defendant, Michael F. Hagan, was found guilty of forgery and attempted theft by deception of over $100,000 (Ill. Rev. Stat. 1987, ch. 38, pars. 17—3(a)(2), 8—4(a), 16—1(b), (e)). The appellate court affirmed defendant’s conviction for forgery, but reversed the conviction for attempted theft by deception (199 Ill. App. 3d 267). Defendant, pro se, petitioned this court for leave to appeal from the appellate court’s affirmance of his forgery conviction. We granted defendant leave to appeal (134 Ill. 2d R. 315). We affirm.

BACKGROUND

The count of the indictment charging defendant with forgery alleges that defendant:

“[0]n or about February 7, 1989, in the County of Lake and State of Illinois, *** committed the offense of FORGERY in that *** defendant with the intent to defraud knowingly delivered to Michael Flynn, a document, to wit: a letter from the First Midwest Bank of Lake County, apparently capable of defrauding another, in that it was purported to have been made by Laura M. Jones, a personal banker on January 27, 1989, knowing said document to have been altered so as to misrepresent the defendant’s financial bank balances in a money market account and a checking account.”

At trial, Michael Flynn testified that he was the vice-president of leasing of Hiffman, Shaffer and Anderson, a commercial and corporate real estate firm. In February 1989, defendant contacted Flynn and expressed an interest in leasing approximately 12,000 square feet of office space in Schaumburg, Illinois, for a 10-year lease period. Flynn informed defendant that the leasing rate would be approximately $20,000 to $25,000 per month.

On February 7, 1989, Flynn received, via a facsimile machine, a letter containing a letterhead of First Midwest Bank of Mundelein. The “faxed” letter and transmittal cover sheet were admitted into evidence. The transmittal cover sheet indicates “Mike Flynn” of “H.S.A.” company as the addressee. The sheet provides a “fax number” which Flynn testified is the “telephone” number to the facsimile machine in his office. The sender is indicated as “M.F.H.” of “Hagan Corp.” Further, the cover sheet indicates that transmittal was via Mailboxes, Etc. in Vernon Hills, Illinois.

We note that the letter attached to the cover sheet,dated January 27, 1989, is addressed to Michael Hagan in Vernon Hills, and is signed by Laura M. Jones, a personal banker. The letter sets forth in the first paragraph the account numbers for a “company money market account” and a checking account, and provides the dates on which the accounts were opened. In a second paragraph, an “Account Printout” is provided, indicating purported average balances for the two accounts during 1988 and 1989. The average balance for one account was $593,661 for 1988 and $522,098 for 1989; for the other account, the average balances are stated to be $65,088 for 1988 and $77,902 for 1989.

Flynn stated that he telephoned the bank and spoke to Laura Jones in order to verify the authenticity of the letter. Flynn then “faxed” to Jones a copy of the letter he had received. Flynn again met with defendant, and the two continued negotiations for the office space. Flynn and defendant, however, never executed a lease agreement.

Laura Jones testified that on January 27, 1989, defendant contacted her at First Midwest Bank of Mundelein asking to prepare a letter setting forth his accounts and indicating their balances. Jones informed defendant that the average balances for the accounts were “either negative or very low.” Defendant then requested Jones to prepare a letter setting forth the account numbers and the dates on which the accounts were opened, which Jones did. On a separate sheet, Jones provided, for defendant’s own information, the balances of the accounts. Jones gave copies of the letter and the additional sheet to defendant and kept copies for her records.

The letter and additional note which Jones stated that she sent to defendant were admitted into evidence. The letter, dated January 27, 1989, and addressed to Michael Hagan, appeared to be the same letter which defendant had “faxed” to Flynn, except that the letter which Jones sent did not contain account balances. Rather, the letter sent by Jones was blank on that area of the page where, on the “faxed” letter, the account balances appeared. The additional note which Jones sent to defendant stated, “Mike, this is for your information,” and provided that the average balance on one of the accounts was $13 and the average balance on the other account was -$753.

Jones further testified that on February 13, 1989, Flynn contacted her, requesting information regarding defendant’s accounts. Jones told Flynn that she could not give information about defendant’s accounts, but agreed that if Flynn “faxed” to her the letter he had received from defendant, Jones could verify that she had prepared it. Jones testified that the letter which she then received from Flynn was not the same one she had prepared for defendant, since the letter Flynn sent to her contained account balances. The facsimile transmittal which Flynn sent to Jones was admitted into evidence.

Julie Murphy testified that she was an employee of the Mailboxes, Etc. store in Vernon Hills in Lake County. On direct examination, Murphy stated that on February 7, 1989, she saw defendant come into the store to send a document via the store’s facsimile machine. Murphy identified a facsimile cover sheet and a letter, which were admitted into evidence. Murphy stated that the cover sheet was one that her store sends with “faxed” documents and is the sheet which the customer fills out.

Murphy stated that the cover sheet shows that the letter was sent by defendant to Mike Flynn. We note that the letter is typed on First Midwest Bank stationery, dated January 27, 1989, addressed to defendant and signed by Laura Jones, and contains defendant’s account numbers and purported average balances for his two accounts. Murphy stated that she could see that the letter was sent from her place of business, since the name of the store, “MAILBOXES,” the date and time that the letter was sent all appear printed at the top of page one, the cover sheet, and page two, the letter.

On cross-examination, Murphy stated that defendant had been in the store “probably two” times. Murphy testified that the procedure for sending a document via the facsimile machine involves the customer’s filling out a cover sheet. The cover sheet indicates the recipient; who the document is from; how many pages are being sent; and Murphy’s name as a person to contact, so that she could “resend the FAX if necessary.” After the customer fills out the cover sheet, the store sends the cover sheet in addition to however many pages the customer wishes to send. The customers generally take the original “faxed” documents, including the transmittal sheets, with them. Sometimes, when there is a busy signal on the line and the customer does not wish to wait for the line to clear, the customer may leave the originals at the store. The store, however, does not retain those documents.

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Bluebook (online)
583 N.E.2d 494, 145 Ill. 2d 287, 164 Ill. Dec. 578, 1991 Ill. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hagan-ill-1991.