STATE OF ILLINOIS ) Iss 67 COUNTY OF COOK ) IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT-CRIMINAL DIVISION, PEOPLE OF THE STATE OF ILLINOIS) ED ) MAY 15 2619 vs. ) 19-1106143(01) ) cen BEEP EG fone PROCO JOSEPH MORENO IIL ) : PEOPLE’S FACTUAL PROFFER IN SUPPORT OF SETTING BOND, NOW COME the People of the State of Illinois, by and through, their attorney KIMBERLY M. FOXX, State’s Attomey of Cook County, by her Assistants John Brassil and ‘Thomas Simpson, hereby present their factual proffer in support of setting bond. I INTRODUCTION Section 5/110-5 of the Illinois Code of Criminal Procedure sets forth criteria relevant to determining the amount of bail and conditions of release. 725 ILCS 5/110-S, ‘The information used by the Court in its findings with regard to setting the amount of bail may be presented by way of written proffer based upon reliable information offered by the State. 725 ILCS 5/110-5. Defendant, Proco Joseph Moreno Ill, is initially charged by way of Complaint for Preliminary Hearing with the felony offenses of insurance fraud, 720 ILCS 5/17-10.5(a)(1)(4)(3), a class 2 felony; offense related to motor vehicles, 625 ILCS 5/4-103(a)(6), a class 2 felony; disorderly conduct, 720 ILCS 5/26-1(a)(4), a class 4; and obstruction of justice 720 ILCS 5/31- 4(@(1)(b)(1), class 4 felony. The class 2 felonies carry a possible penitentiary sentencing range of three to seven years’ incarceration followed by a two-year period of mandatory supervised release (hereafter “MSR”) or a probation sentence of up to four years pursuant to 730 ILCS 5/5- 4.5-35. The class 4 felonies carry a possible penitentiary sentencing range of one to three years’ incarceration followed by a one-year period of MSR or a probation sentence of up to 30 months pursuant to 730 ILCS 5/5-4.5-45, IL DEFENDANT Proco Joseph Moreno III (hereafter “Moreno”), has no publishable criminal history. Moreno is 47 years old and a resident of Chicago. He is currently the Alderman of the First Ward of the City of Chicago,Tm. FACTS ‘The facts contained herein were documented through an investigation by the Chicago Police Department. On January 4, 2019, Moreno falsely claimed that his vehicle had been stolen in a recorded call to the City of Chicago Office of Emergency Communications (hereafter “OEMC”). In that call, Moreno identified himself and provided his home address and his mobile phone number. Moreno reported that he had last seen his 2016 Audi A6 parked in front of his residence on the 1300 block of North Leavitt on the evening of Wednesday, January 2, 2019, at approximately 9 p.m. Moreno stated that no one else had access to the vehicle. The call operator informed Moreno that his vehicle would be listed as stolen and his information would be accessible by any law enforcement jurisdictions that had access to the City of Chicago database of stolen motor vehicles. The call operator also informed Moreno that anyone found driving the vehicle would be arrested. The call center operator provided Moreno with a police report number and advised that his insurance company would need that number. ~ Moreno knowingly provided materially false information in this report. Less than 18 hours before, Moreno had lent the vehicle to Individual A, who he was in a relationship. In the late evening of January 3, 2019, Moreno provided Individual A with use of the vehicle. Individual A took a ride share car to Moreno’s address that evening after Moreno encouraged Individual A to ‘come to his home to use the vehicle. Moreno handed over the keys of his vehicle to Individual A. Individual A and Moreno went to Moreno’s detached garage at his residence where Moreno turned over the vehicle to Individual A and saw Individual A off. Moreno was fully aware that he had provided the vehicle to Individual A. Shortly after Individual A drove aw: iy, Moreno cautioned Individual A not to smoke in his vehicle in a text message, Moreno discussed dinner plans for the next day with Individual A in a following text message. Later after reporting the vehicle stolen to OEMC, Moreno contacted Individual A about the possibility of ‘meeting up for dinner as they had discussed after he gave her his vehicle hours earlier. Additionally, Moreno filed a false claim with his auto insurance carrier, State Farm, reporting that his 2016 Audi AG had been stolen. On January 4, 2016, Moreno called his insurance carrier to report his vehicle stolen less than hour after calling OEMC. In that call, Moreno reported that his vehicle was taken from his garage. In a follow-up recorded call on Janvary 29, 2019, Moreno informed his insurance carrier that he had left a key in the car while it was parked in his garage, and speculated that he either had mistakenly left the overhead door open or an individual had used a device to unscramble his overhead door signal. Moreno was very clear that he was the last person to use the vehicle and he was the only person with access to the car. Based upon Moreno’s false claim, his insurance carrier was prepared to pay out over $30,000 for the loss of the vehicle, but the vehicle was recovered prior to the payout In the early morning hours of February 4, 2019, the Chicago Police Department pulled over Individual A while she drove Moreno’s Audi. Individual A was surprised by the officers when they informed her that the vehicle had been reported stolen... Individual A was readily able to identify the vehicle's owner and she was in possession of the keys. Individual A pleaded with the officers to show them text messages between her and Moreno. When officers exhausted 2attempts to contact Moreno in person and through numerous phone calls, Individual A was arrested and charged with criminal trespass to motor vehicle. At the police station, the officers allowed Individual A the opportunity to contact Moreno. Individual A shared with the officers the phone number saved in her phone for Moreno. That was the same number Moreno had provided when he reported the vehicle stolen to the OEMC and his insurance company. Individual A was released on her own recognizance that moming. Later that day, Moreno admitted in a television news interview that he had provided the vehicle to someone that he had a relationship which was diametrically opposed to his claims to OEMC and his insurance carrier. During a recorded interview Moreno stated, “Again it was a miscommunication with a person that I dated and, uh, is a friend of mine.” When the news reporter asked Moreno why he reported his car stolen, Moreno responded, “There was a misunderstanding that she had it longer than she wanted to and I had a hard time getting ahold of her so that was the only reason I needed to.” Moreno further stated, “There were calls that I wanted the car back so I got the car back. She’s fine. She’s a single mom who I’m trying to help out. You know, the road to hell is paved with good intentions.” Moreno’s assertion about asking for the car back and having a hard time getting ahold of the individual are not supported by phone records and text messages reviewed in the investigation. Based on Moreno’s statements the Cook County State’s Attomey’s Office immediately dismissed the charge against Individual A and the Chicago Police Department undertook an investigation into Moreno’s conduct. IV. BOND RECOMMENDATION Section 5/110-5 of the Illinois Code of Criminal Procedure sets forth criteria relevant to determining the amount of bail and conditions of release. 725 ILCS 5/110-5. In particular, the Court may take into account the likelihood of conviction, the sentence applicable upon conviction, whether there exists motivation or ability to flee, financial resources, and the amount of unrecovered proceeds lost as a result of the alleged offense. The Honorable Lawrence Flood issued an arrest warrant for Moreno and set bond at composite $50,000 “D” on all four charges. ‘The People respectfully request that the bond stand. Based upon matters discussed herein, the People of the State of Illinois recommend that this Honorable court set special conditions of release preventing Moreno from having contact with the witnesses. Respectfully submitted, KIMBERLY M. FOXX STATE'S ATTORNEY OF COOK COUNTY a BY: “John Brassil Ayn 's Attorneys “lie onthe son Assistant State’s Attomeys