A Crystal Lake man, awaiting the start next month of a 4½-year prison sentence for a multimillion-dollar Ponzi scheme, has succeeded in pushing back local case, in which he’s accused of defrauding a McHenry veterans association.
Alan J. Hanke, 61, is accused of fraudulently using the McHenry-based Sons of the American Legion Squadron 491’s debit card between January 2023 and March 2024, according to court records. He was a commander at the time, giving him access to funds.
Authorities said Hanke used the card to make cash withdrawals and pay for meals at restaurants, purchases at retail stores and on Amazon, and a boat rental in Florida.
Albert Wysocki, an attorney representing Hanke, filed a motion last week to delay his McHenry County trial because he is “in need of more time in order to adequately prepare” his defense, according to court documents. The trial was originally set to start Jan. 26.
Wysocki said the defense needed more time because many pages from the bank records subpoena were missing.
He also argued for a continuance because of Hanke’s ongoing health problems. According to court documents, Hanke is “enduring rigorous radiation therapy to his throat” to treat a cancer diagnosis and “must frequently submit to medical treatment to expand or otherwise open his airways and feeding tube.” He is scheduled for surgery Jan. 23 at Javon Bea Hospital in Rockford, his lawyer said.
Judge Tiffany Davis said Hanke had already argued that he needed time for the procedure and he still hadn’t gotten it done. She approved the continuance on behalf of the “discovery issue” to make sure the defense receives all subpoenaed documents.
Hanke’s jury trial is now set to start March 30.
This is one of many delays Hanke’s lawyers have secured in both in local and federal cases. In his federal case, Hanke was able to have his sentencing postponed three times due to his ongoing health issues.
Hanke pleaded guilty in federal court to defrauding investors out of more than $8 million. He was sentenced in October to 4½ years in prison and ordered to pay more than $8.2 million in restitution.
Hanke’s federal defense attorneys might attempt additional delays, as he is due to start his prison sentence on Feb. 6. Wysocki said in his continuance motion that Hanke’s federal attorney might seek to push back the date Hanke must report to federal prison.
Assistant McHenry County State’s Attorney Justin Neubauer said he spoke with federal prosecutors, who said they “intend to object” to any continuance request.
Hanke originally pleaded guilty in the McHenry County case, but Davis allowed him to change his plea from guilty to not guilty in September after Hanke claimed he was “coerced” by his former attorney to enter a negotiated plea.
Hanke originally entered a blind plea, meaning that he didn’t know at the time what the punishment would be. Sentencing on a Class 4 felony ranges from probation to three years in prison.