Judge Tosses Four of Nine Counts in ComEd Bribery Case in Wake of Supreme Court Ruling
Four Ex-ComEd Officials and Lobbyists Remain Convicted
Four ex-ComEd officials and lobbyists remain convicted of a criminal conspiracy involving former Illinois House Speaker Michael J. Madigan, despite a judge’s decision Monday to toss four of the nine counts in the case in the wake of a 2024 U.S. Supreme Court decision.
Conspiracy Conviction Left Intact
U.S. District Judge Manish Shah left intact the conspiracy conviction and other counts against Madigan associate Michael McClain, former ComEd CEO Anne Pramaggiore, ex-ComEd lobbyist John Hooker, and onetime City Club President Jay Doherty.
What Happens Next Unclear
What happens next is unclear. When pressed by the judge after Monday’s ruling, Assistant U.S. Attorney Amarjeet Bhachu noted that sentencing guidelines for the four defendants still call for life in prison. He said a new trial on the four vacated counts might be “somewhat fruitless.”
Prosecutors to File Status Report
Still, Bhachu said he wanted to discuss the ruling with leadership in the U.S. Attorney’s office. Shah told prosecutors to file a status report by March 11.
Foreign Corrupt Practices Act Counts at Issue
Four remaining counts are tied to the Foreign Corrupt Practices Act. Defense attorneys in the ComEd case have cited an executive order from President Donald Trump calling for a pause and review of enforcement of that law.
Judge Declines to Put Case on Hold
Shah declined Monday to put the ComEd case on hold while the consequences of Trump’s order are sorted out. However, Bhachu made clear to the judge “our office will comply with whatever instructions we receive from Main Justice” when it comes to the FCPA.
Ruling Vacates Three Counts, Tosses One
The judge vacated three counts that apply only to McClain and Pramaggiore. He tossed one count that applies to all four defendants. The result is that all four defendants remain convicted of one count of conspiracy and four counts of falsifying books and records.
Madigan’s Case Remains Separate
The ruling does not apply to Madigan, who was convicted at the end of a separate trial on February 12, in part for his role in the ComEd conspiracy.
Jury Heard from 50 Witnesses
The ComEd jury heard from about 50 witnesses over six weeks in 2023. Ultimately, it agreed that the four defendants arranged for jobs, contracts, and money for Madigan allies in an illegal bid to influence him as ComEd’s legislation moved through Springfield. The bills ultimately took ComEd from a “dire” financial situation in the 2000s to record earnings in 2022.
Supreme Court Ruling Complicates Prosecution
The four ComEd defendants very nearly faced sentencing more than a year ago. But weeks before they were expected to learn their fate, the U.S. Supreme Court picked up a corruption case involving James Snyder, a former mayor of Portage, Indiana. His case raised questions about a federal bribery law that played a role in the ComEd and Madigan cases.
Supreme Court’s Snyder Ruling
The Supreme Court eventually found that the bribery law does not also criminalize after-the-fact rewards known as “gratuities.” That ruling prompted bold predictions from defense attorneys that the verdict in the 2023 ComEd trial would eventually be tossed.
Conclusion
The Supreme Court’s ruling has complicated things for prosecutors, but it’s yet to significantly disrupt their aggressive campaign against corruption in Chicago and Illinois.
FAQs
Q: What happens next in the case?
A: The outcome is unclear. Prosecutors may discuss the ruling with leadership in the U.S. Attorney’s office, and a status report may be filed by March 11.
Q: What does the ruling mean for Madigan’s case?
A: The ruling does not affect Madigan’s case, which resulted in a separate conviction.
Q: What is the significance of the Supreme Court’s Snyder ruling?
A: The ruling found that the bribery law does not criminalize after-the-fact rewards known as “gratuities,” which has implications for the ComEd and Madigan cases.
