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Archive for the ‘ComEd Four’ Category

Brian Cassella and Chris Sweda / Chicago Tribune

By Brett Rowland | The Center Square

A federal judge put the sentencing of four former utility executives and lobbyists on hold Thursday until after the U.S. Supreme Court decides a case involving the federal bribery statute this summer.

In May 2023, a jury convicted former state lawmaker and lobbyist Michael McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former contract lobbyist Jay Doherty. The case involved a conspiracy to bribe former Illinois House Speaker Michael Madigan with $1.3 million in no-show jobs, contracts and payments to associates in exchange for support with legislation that would benefit the utility’s bottom line.

The four defendants were initially set to be sentenced in January, but when the U.S. Supreme Court decided to take up the case of James E. Snyder v. U.S., defense attorneys said it could upend the ComEd convictions.

U.S. Circuit Judge Harry Leinenweber said he wanted to wait to see what the U.S. Supreme Court would do in the Snyder case before sentencing.

“I’m going to postpone sentencing until after the Supreme Court decision,” the judge said in a telephone conference Thursday. “It seems to me that it makes more sense to find out precisely what the Seventh Circuit case law would be before we proceed to sentencing.”

Once the U.S. Supreme Court rules in the Snyder case, the judge wants the parties to meet again and decide how to proceed.

More here.

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CE4

By Brett Rowland | The Center Square

Federal prosecutors said Friday that they see no reason to pause sentencing hearings for four former Commonwealth Edison executives and lobbyists convicted of a multi-year scheme to bribe former Illinois House Speaker Michael Madigan.

In May 2023, a jury convicted former state lawmaker and lobbyist Michael McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former contract lobbyist Jay Doherty in a conspiracy to bribe Madigan with no-show jobs, contracts and payments to associates in exchange for support with legislation that would benefit the utility’s bottom line.

Last month, the defense attorneys asked for a blanket pause on the case because the U.S. Supreme Court agreed to take up a case that could affect the outcome. The U.S. Supreme Court agreed to hear the case of James E. Snyder v. U.S., which defense attorneys argue could upend the ComEd convictions.

Prosecutors fired back Friday. They argued that even if the Supreme Court decision, expected by the end of June, were to affect the federal bribery statute, the four defendants were convicted of other crimes not affected by the bribery law.

“Even if the Supreme Court concludes that Justice Scalia, the pre-eminent textualist of his generation, the Seventh Circuit, and four other circuit courts of appeal had it all wrong, the defendants are still wrong to assume that a decision in favor of Snyder in the Supreme Court would affect their convictions,” prosecutors wrote. “As an initial matter, each and every defendant was convicted on false books and records charges under the Foreign Corrupt Practices Act.”

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CE4

Defendants in the ComEd 4 corruption trial listen as the federal jury reads its verdict. (Courtroom sketch courtesy of L.D.Chukman)

By Brett Howland | The Center Square

A federal judge on Thursday said the four former Commonwealth Edison leaders convicted last year of corruption don’t deserve an acquittal or a new trial.

U.S. District Judge Harry Leinenweber denied motions by former state lawmaker and lobbyist Michael McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former contract lobbyist Jay Doherty. A jury convicted the four of all counts against them in May 2023. After the verdict, the defendants had asked for an acquittal or a new trial. Leinenweber wrote in a 94-page decision that they weren’t entitled to either.

“Ultimately, the Court cannot acquit on any count,” he wrote.

McClain, Pramaggiore, Hooker and Doherty have yet to be sentenced and it is not yet clear when they will be sentenced. All four have asked the judge to put their sentencing hearings on hold while the U.S. Supreme Court considers another case focused on the federal bribery statute.

At trial, prosecutors presented secretly recorded videos, wiretapped phone calls and hundreds of emails to show how the four former ComEd executives and lobbyists were “the grandmasters of corruption.”

Prosecutors said that the utility paid out $1.3 million in jobs, contracts and payments to associates of former Illinois House Speaker Michael Madigan over eight years in exchange for favorable treatment on legislation in Springfield that would affect the finances of the state’s largest utility.

Defense attorneys said the four never bribed anyone and argued the conduct was legal lobbying, including efforts to build goodwill with elected officials.

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Former Illinois House Speaker Michael Madigan

Former Illinois House Speaker Michael Madigan, center, and his lawyer Thomas Breen, left, leave the Dirksen U.S. Courthouse in Chicago on Jan. 3, 2024, after a hearing before U.S. District Judge John Robert Blakey over whether Madigan’s landmark trial should be postponed pending a decision from the U.S. Supreme Court in another Chicago-area bribery case. (Terrence Antonio James/Chicago Tribune)

By Jason Meisner and Ray Long | Chicago Tribune

Former Illinois House Speaker Michael Madigan’s landmark racketeering trial was postponed Wednesday pending a decision from the U.S. Supreme Court in a Chicago-area bribery case that could fundamentally alter what prosecutors are required to prove.

The new date for the trial was set for Oct. 8. It’s expected to last up to three months.

“I don’t do this lightly,” U.S. District Judge John Robert Blakey said. “But it’s better to do it right than to do it twice.”

Blakey’s ruling came as Madigan, the former leader of the state Democratic Party who holds the nationwide record 36 years as speaker, appeared in court for the first time since his indictment nearly two years ago.

Blakey had allowed both Madigan and his co-defendant, longtime confidant Michael McClain, to appear via video conference, which McClain accepted. Madigan, however, appeared in person instead, walking into the Dirksen U.S. Courthouse with his legal team shortly after 1:30 p.m., noticeably grayer around the temples than when he controlled the House.

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2023 Snaps

(Castle home image courtesy Coldwell Banker Real Estate)

2023 was indeed an interesting year. Here are the most read posts to The Barrington Hills Observer this year:

Have a Happy New Year!

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ComEd4

By Brett Rowland | The Center Square

A judge on Monday temporarily postponed sentencing dates for four former executives and lobbyists at the state’s largest utility company convicted of conspiring to bribe former Illinois House Speaker Michael Madigan.

The ComEd 4 had asked the judge to stay the case while the U.S. Supreme Court reviews a case that focuses on the federal bribery statute that the four were convicted under in May.

U.S. District Judge Manish Shah granted part of the defense team’s motion and denied another part at a motion hearing on Monday in Chicago. The judge struck the pending January sentencing dates for the four defendants and got rid of the deadlines for filing sentencing memos.

The pause won’t last forever.

“The parties are on notice to be prepared to file memoranda expeditiously once new dates are set,” according to the judge’s order. “The schedule for the preparation and filing of the remaining Presentence Investigation Reports remains as set.”

Last week, the defense attorneys asked for a blanket pause on the case because the U.S. Supreme Court agreed to take up a case that could affect the outcome. The U.S. Supreme Court agreed to hear the case of James E. Snyder v. U.S., which defense attorneys said could upend the ComEd convictions.

The Supreme Court is expected to decide the Synder case by June 2024.

More here.

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ComEd Wire

Com-Ed electrical towers follow a north-south pathway through Barrington Hills on May 23, 2023. (Stacey Wescott/Chicago Tribune)

By The Editorial Board | Chicago Tribune

Commonwealth Edison in recent years has endured a humiliating — and deserved — comeuppance.

Its status as the most politically powerful company in Illinois came to an abrupt end in 2020 when the utility admitted to a nearly decadelong bribery scheme aimed at winning highly lucrative legislation in Springfield in return for serving as something of a ghost payrolling service for then-House Speaker Michael Madigan.

So earlier this year it was with some level of chutzpah that ComEd petitioned the Illinois Commerce Commission, which regulates utilities, for a record-shattering delivery rate hike of $1.5 billion over four years.

To their credit, the regulators Thursday rejected most of ComEd’s filing, substantially reduced its requested profit level on the capital spending they did approve, and told the utility to go back to the drawing board on the investments needed to fulfill the state’s clean-energy goals.

Thursday’s events were a jaw-dropper for those used to watching previous commissions act essentially like patsies for the utilities they’re supposed to regulate.

Now, the question is, how will ComEd respond?

Will it resort to lawsuits and argue that the regulators are exceeding their authority? Will it ask the General Assembly to overrule the commission, as ComEd did time and time again during the period it was bribing the state’s most powerful politician? Will it do both?

Or, will ComEd get the message and adjust?

Read more here.

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CE Four

Defendants in the ComEd 4 corruption trial listen as the federal jury reads its verdict. (Courtroom sketch courtesy of L.D.Chukman)

By Brett Rowland | The Center Square

Prosecutors are seeking life sentences for four former Commonwealth Edison leaders convicted of conspiring to bribe former Illinois House Speaker Michael Madigan, a defense attorney said.

A federal judge on Wednesday denied a request from defense attorneys to delay sentencing.

Defense attorneys had asked for more time to deal with what they said were complex issues regarding sentencing guidelines. At a hearing Wednesday, defense attorney Patrick Cotter said prosecutors would be seeking life sentences for the defendants.

“The government apparently is going to suggest that the guidelines of this case are life,” Cotter said. “And we are asking for what we believe to be adequate time, a couple extra weeks, to respond not only to the [pre-sentencing report] but to what the government files when they’re asking to put our clients in jail for life. And I think that that’s not unreasonable.”

U.S. District Court Judge Judge Harry Leinenweber disagreed. He noted the four were convicted more than six months ago and still have additional time before the sentencing hearings scheduled for January.

“It seems to me that there’s adequate time to get ready for sentencing without moving the date,” he said Wednesday.

Prosecutors had proposed shifting dates for some pre-sentencing court filings, but the prosecution’s schedule would keep the sentencing dates as previously set.

Prosecutors have yet to file sentencing memos for any of the defendants.

Any significant amount of time behind bars for the defendants could amount to life in prison given their ages. The youngest was 64 years old.

Read more here.

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Urban Architecture In Chicago

Chicago is the most corrupt metropolitan area in America for the fourth consecutive year and Illinois is the second-most corrupt state, according to a new report from the University of Illinois-Chicago. Corruption can cost Illinois taxpayers up to $550 million per year.

By Dylan Sharkey | Illinois Policy

A new report found Chicago is the nation’s most corrupt metropolitan area and Illinois is the nation’s second-most corrupt state.

Chicago led the nation with 41 corruption convictions per year, or 1,824 total, from 1976 to 2021, according to an analysis by the University of Illinois-Chicago using U.S. Justice Department data on federal public corruption convictions.

Illinois was second of the states for per-capita convictions, with 1.75 for every 10,000 residents. Louisiana was on top with 2.85 per 10,000.

Total Illinois convictions hit 2,224 from 1976 to 2021, or an average of nearly 50 per year. About 4 in 5 of those were out of the Chicago area.

From 2000 to 2018, corruption cost Illinois $550 million per year in lost economic activity and investment. Political science professor Marco Rosaire Rossi noted Illinois corruption was down slightly in 2021 compared to other years, but far from where the state should be.

“However, just because corruption is becoming less frequent does not mean it is still not shamefully prevalent, nor that its impact on the state is less pernicious in terms of tax dollars wasted and lost in public trust,” he wrote.

Read more here.

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Byron

Steam escapes from Exelon Corp.’s nuclear plant in Byron, Ill. | AP Photo/Robert Ray, File

By Paige Lambermont | Competitive Enterprise Institute

Illinois has banned construction of new nuclear power plants for the past 36 years, since 1987. That’s a real predicament for a state that already relies heavily on that energy source for 53% of its electricity needs.

Now there’s a chance to end the nonsensical ban as the legislature may be poised to vote – again – on a plan to do just that. Only six months ago, the legislature overwhelmingly passed legislation, SB 76, to get rid of the ban, but it was vetoed by Democratic Gov. J.B. Pritzker.

Starting Nov. 7, lawmakers may have a chance to override the governor’s veto, giving the people of Illinois the chance to expand access to affordable, reliable, abundant energy to power their future.

“There is a pathway to override this veto, however, it will come down to whether the Speaker allows this bill to be called in the House,” State Sen. Sue Rezin, the bill sponsor, told WCSJ News.

In recent years, many states that had similar bans on nuclear power have acted to change them. West Virginia passed legislation repealing its nuclear ban in 2022. Since 2016, Montana, Kentucky, and Wisconsin have done the same. Connecticut has also amended its ban to allow for new construction at its existing plant site, Millstone Nuclear Power Plant.

The barrier to reform in Illinois is the governor.

Gov. Pritzker said he wasn’t happy with SB 76’s inclusion of large reactors, which he views as being less safe. When it was initially put forward, the bill only applied to small modular reactors that are smaller than conventional reactors, both in physical footprint and in electrical output. Ultimately, the bill that passed was expanded to include more reactors.

But it’s important to note that despite the governor’s misgivings, the only reactors included in SB 76 are newer designs with enhanced safety and performance features. This includes the type of reactor that just came online in Georgia earlier this year and is already producing a whopping 1,100 megawatts of reliable power, enough to power 500,000 homes.

Read on here.

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