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PEOPLE v. LEWIS

No. 2-96-0703.

693 N.E.2d 916 (1998)

295 Ill. App.3d 587

230 Ill.Dec. 438

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gregory P. LEWIS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 17, 1998.

Attorney(s) appearing for the Case

G. Joseph Weller (Court appointed), Deputy Defender, Kim M. DeWitt and Barbara R. Paschen (Court appointed), Office of the State Appellate Defender, Elgin, for Gregory P. Lewis.

David P. Lewis, Kane County State's Atty., St. Charles, Martin P. Moltz, Deputy Director, Mary Beth Burns, State's Attys. Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

Defendant, Gregory P. Lewis, was charged by indictment with two counts of theft (720 ILCS 5/16-1(a)(1), 16-1(a)(2) (West 1996)) for filing a fraudulent unemployment benefits claim with the United States Railroad Retirement Board. Defendant moved to dismiss the charges, arguing that section 359(a) of the Railroad Unemployment Insurance Act (45 U.S.C.A. § 359(a) (West 1986)), which imposes a penalty for fraudulently...

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