Motion to Withdraw as Counsel

Record facts

U.S. District Court for the Northern District of Illinois · No. 1:24-cr-00424 · Doc. 21 · 2024-11-15 · Docket on CourtListener

Summary

A motion to withdraw as counsel filed November 15, 2024 in United States v. Francesco DiStefano, Case No. 1:24-cr-00424, in the U.S. District Court for the Northern District of Illinois, before Judge Jeremy C. Daniel, as Document 21. Oberheiden, P.C., Nick Oberheiden and Jennifer Corinis ask to withdraw, citing what they describe as an irreparable breakdown of the attorney-client relationship, including alleged breach of the engagement contract and abusive conduct toward counsel. The motion states that the client supports the motion and the government takes no position. It notes the status hearing was continued to December 12, 2024, and that the client stated an intention to retain successor counsel. The 4-page filing includes a certificate of conference and a certificate of service.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

MOTION TO WITHDRAW 
1
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
 
 
UNITED STATES OF AMERICA 
 
 
Plaintiff, 
 
v.  
 
 
 
 
 
 
 
Case No.: 1:24−cr−00424 
 
 
 
 
 
 
 
 
Honorable Jeremy C. Daniel 
Francesco Distefano 
 
 
Defendant. 
 
MOTION TO WITHDRAW AS COUNSEL 
 
Now comes the law firm of Oberheiden, P.C., Nick Oberheiden and Jennifer Corinis 
(“Counsel”), counsel for Defendant Francesco DiStefano (“Client”), and hereby move to withdraw as 
counsel due to an irreparable breakdown of the relationship between attorney and client in this case. 
 
In addition to breaching Counsels’ engagement contract, Client has requested counsel to 
perform either impossible services or services that are—after much deliberation, analysis, and 
discussion—simply unreasonable according to Counsels’ best professional judgment. 
 
More concerning, Client has engaged in abusive behavior toward counsel. For example, Client 
has terrorized Counsel with up to ten calls per day, nearly every day of the week, for weeks, even when 
he was aware that Counsel is with other clients or in court. In fact, Counsel was contacted by at least 
one local defense firm sharing Counsel’s experience. As it turned out, Client bombarded that firm with 
dozens of calls to a point where that firm contacted Counsel to ask Client to stop harassing them. 
 
Client has displayed a profoundly rude behavior to Counsel, especially a concerning disrespect 
to female counsel Corinis. Among other things, Client wished Counsel “to die” and attacked Counsel 
with a profanity-laden tirades of the worst caliber. 
 
Counsel has dedicated enormous amounts of time, in good faith and with their fullest 
Case: 1:24-cr-00424 Document #: 21 Filed: 11/15/24 Page 1 of 4 PageID #:49

MOTION TO WITHDRAW 
2
commitment, to inform Client, update Client, discuss legal matters with Client, strategize with Client, 
explain the legal process, analyze procedural options, communicate with the government, prepare 
Client, and otherwise committed well-documented time and efforts to represent Client ethically, 
diligently, and efficiently. In addition, Counsel has spent enormous efforts to accommodate Client 
desired healthcare services. 
 
Counsel wishes to emphasize to the Court that the Assistant U.S. Attorney Jeffrey Snell, his 
entire team of investigating agents, and the United States Marshals service involved have conducted 
themselves as role models of professionalism, fairness, and collegiality throughout this matter. 
As of this motion, Counsel is not aware that Client has retained a successor attorney for this 
matter.  Client’s contact information is as follows: 
PHONE NUMBER:  Kankakee County Prison, 815-802-7201 
MAILING ADDRESS:  Francesco DiStefano 
Prisoner ID # 530972 
3050 South Justice Way 
Kankakee, IL 60901 
 
Client is aware of Counsel’s filing of this motion to withdraw.  Based on Client’s “response” 
(too inappropriate to spell out), Client has made it reasonably clear that he supports this motion and in 
fact desires that the representation be terminated. 
 
The government does not take a position. 
 
On October 30, 2024, the Court continued the status hearing to December 12, 2024, at 9:30 a.m. 
Client is aware of this deadline and has stated his intention to retain successor counsel next week.  This 
will allow ample time for client and successor counsel to prepare for the hearing on December 12, or to 
move for a continuance if needed.  Accordingly, Counsel believes there will be no prejudice to Client 
if they are permitted to withdraw as counsel for Francesco DiStefano. 
 
WHEREFORE, premises considered, the undersigned counsel respectfully requests that 
this Court allow Oberheiden, P.C., Nick Oberheiden and Jennifer Corinis to withdraw and be 
Case: 1:24-cr-00424 Document #: 21 Filed: 11/15/24 Page 2 of 4 PageID #:50

MOTION TO WITHDRAW 
3
withdrawn as counsel for Francesco DiStefano in this case, that they be removed from the electronic 
distribution list for receiving notices about this case, and for all such other and further relief to which 
they may show themselves justly entitled. 
DATED:  November 15, 2024 
 
 
 
 
 
 
 
OBERHEIDEN, P.C. 
 
 
 
 
 
 
 
/s/ Jennifer W. Corinis 
 
 
 
 
 
 
 
Jennifer W. Corinis 
 
 
 
 
 
 
 
Fla. Bar No. 49095 
 
 
  
 
 
 
 
 
Jennifer@federal-lawyer.com  
 
 
  
 
 
 
 
 
Nick Oberheiden 
 
 
  
 
 
 
 
 
NY Reg. No. 4619011 
 
 
  
 
 
 
 
 
Nick@federal-lawyer.com 
 
 
 
  
 
 
 
 
 
OBERHEIDEN, P.C. 
 
 
  
 
 
 
 
 
440 Louisiana St. # 200 
 
 
  
 
 
 
 
 
Houston, Texas 77002 
 
 
  
 
 
 
 
 
(813) 758-3825 (Telephone) 
 
 
  
 
 
 
 
 
 
 
ATTORNEYS FOR DEFENDANT 
 
FRANCESCO DISTEFANO  
 
 
 
Case: 1:24-cr-00424 Document #: 21 Filed: 11/15/24 Page 3 of 4 PageID #:51

MOTION TO WITHDRAW 
4
CERTIFICATE OF CONFERENCE 
 
I hereby certify that I conferred with counsel for the United States government who 
informed me that the United States does not oppose this motion.  The client has indicated that he 
does not oppose the relief requested herein. 
/s/ Jennifer W. Corinis 
    Jennifer W. Corinis 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on November 15, 2024, a true and correct copy of the above and 
foregoing instrument was served electronically on Counsel for the United States via ECF. 
/s/ Jennifer W. Corinis 
    Jennifer W. Corinis 
 
 
Case: 1:24-cr-00424 Document #: 21 Filed: 11/15/24 Page 4 of 4 PageID #:52

File and source

File

gov.uscourts.ilnd.464178.21.0.pdf

Size

152,138 bytes

SHA-256

528c225177aa1e2dd582e766813a8137d346d622066b8f0a0cd90805f8902cee

Our copy

gov.uscourts.ilnd.464178.21.0.pdf

Original

PACER (login required)