SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x1 - Beavers can talk about repayment *** Always an uphill climb

Friday, Nov 30, 2012

*** UPDATE *** Beavers can talk about his repayment if he testifies

A federal judge today ruled that Cook County Commissioner William Beavers can tell a jury that he amended his taxes and repaid a campaign fund after he learned of a federal investigation against him. […]

But U.S. District Court James Zagel said Beavers has a right to explain his reasons for amending the taxes to jurors so they can decide why he did it.

“The state of mind is crucial to the (jurors),” Zagel said.

But the judge gave careful instructions to Beavers attorney, Sheldon Sorosky, saying that the only way the jury can hear specifics about the repaid money and amended taxes is directly from Beavers if he takes the witness stand.

[ *** End Of Update *** ]

* When the feds go after you, they tend to go all out. Even if you pay the money back before you’re indicted, it won’t matter. For instance

In the months after learning from federal agents that he was the focus of a tax evasion probe, Cook County Commissioner William Beavers amended his income taxes and repaid a sizable amount of money he had taken from his campaign fund, according to prosecutors.

After his indictment in February, Beavers released bank records showing the repayment and contended the records showed he had done nothing wrong.

But on Tuesday, days before the start of Beavers’ trial, federal prosecutors asked a judge to bar his legal team from presenting any of that evidence — a strike seemingly at the heart of the defense case.

In the court filing, the government outlined how Beavers paid thousands of dollars in additional taxes on the amended returns and repaid his campaign only after he learned of the investigation when federal agents approached him in April 2009.

Judge Zagel hasn’t yet ruled on that prosecutorial motion.

* And even if the feds admit they tried to get you to flip on powerful people and you refuse, that evidence can’t be used by your defense team

Cook County Commissioner William Beavers is alleging that a letter sent to his attorneys from federal prosecutors corroborates what he has said from the day he was charged – that the government wanted him to cooperate against other high-ranking elected officials and then indicted him when he refused .

Beavers, who faces trial Monday on income tax charges, accused the U.S. Attorney’s office of a “vindictive prosecution” for filing the tax charges after his refusal to cooperate, according to a filing late Wednesday by Beavers’ legal team. […]

According to the defense filing, federal agents told Beavers about their criminal probe of him on April 21, 2009, and sought his cooperation. The filing suggested that the names of then-County Board President Todd Stroger and Commissioner John Daley were mentioned during the interview.

“I am not a stool pigeon,” one agent recalled Beavers declaring during the meeting.

Beavers’ attorneys also criticized the government for not revealing the contents of the interview until the eve of trial and accused them of withholding the information.

“Government agents approached him and asked him to cooperate against other public officials,” the filing reads. “When Beavers refused, in retribution, the government empanelled a grand jury and indicted him. The message from the government is clear: had Beavers cooperated, the charges would not have been brought. … The impropriety of the government is exacerbated by the late disclosure of the cooperation request via letter to the defense four days prior to trial.”

Judge Zagel ruled that Beavers might be able to talk about how he was approached if he takes the stand. Other than that, no way.

- Posted by Rich Miller        


19 Comments
  1. - shore - Friday, Nov 30, 12 @ 10:08 am:

    beavers, ford, smith, the 2 jacksons are all currently active cases for the feds right?


  2. - The Captain - Friday, Nov 30, 12 @ 10:26 am:

    So apparently the way a federal trial works is that the feds can act as recklessly as they want and never have to answer for their behavior. In what is supposed to be a government of checks and balances there is apparently no check on the US Attorneys and this is way out of balance. Beavers shouldn’t necessarily be exonerated by any of this but he should have the chance to present a defense of relevant facts and these are clearly relevant.


  3. - Anon - Friday, Nov 30, 12 @ 10:38 am:

    This is SOP for most prosecutions. I’m sure Beavers knew what the consequences of his not cooperating would be. Criminals are routinely given a pass of they cooperate with authorities and provide information or evidence against others. This is how most large drug conspiracy cases are developed.


  4. - walkinfool - Friday, Nov 30, 12 @ 10:53 am:

    Power corrupts.


  5. - MrJM - Friday, Nov 30, 12 @ 10:54 am:

    When was the last time that a CapFax subject slipped the Feds’ noose?

    Mike Mahoney?

    – MrJM


  6. - Atticus Finch - Friday, Nov 30, 12 @ 11:09 am:

    @ The Captain

    How is being approached by the Feds relevant evidence? The charges have nothing to do with that, they concern tax evasion. If he had never been approached by the Feds in the first place, the charges would be the same.

    He (allegedly) evaded taxes, he has been charged for evading taxes. He was offered a “get out of jail free card” and did not take it. Now he has to live with the consequences.


  7. - sam m - Friday, Nov 30, 12 @ 11:22 am:

    Stool pigeon? Aren’t our elected officials required to report illegal activities within the government? Perhaps morally obligated? Good for the Feds.


  8. - amalia - Friday, Nov 30, 12 @ 11:23 am:

    so looking forward to watching this one in action. Beavers is the ultimate self interested bully politician.


  9. - The Captain - Friday, Nov 30, 12 @ 11:25 am:

    Alleging that the charges were only brought as a punitive measure rather than on the merits of the case is relevant and should be up to a jury to decide.

    “If he had never been approached by the Feds in the first place, the charges would be the same.”

    He’s claiming exactly the opposite. He has some evidence to suggest the opposite may be true, that’s relevant.


  10. - 47th Ward - Friday, Nov 30, 12 @ 11:31 am:

    ===He has some evidence to suggest the opposite may be true, that’s relevant.===

    Yes, and the judge said he’d allow it if Beavers takes the witness stand.

    Of course, if he takes the stand, he’s open to cross examination about a host of other things, which he may not want to answer for. So it’s a risk his defense team is going to have to weigh.


  11. - Atticus Finch - Friday, Nov 30, 12 @ 11:44 am:

    @ The Captain

    A hypothetical situation claiming “punitive” motivation is still irrelevant. To issue an indictment, a grand jury had to have probable evidence presented to it in regards to tax evasion. In this case, the probable evidence was enough to secure an indictment for tax evasion.

    I don’t think someone who has probable evidence for charges against them, and then turns down an offer to get out of those charges, should then get to use that offer as evidence of abuse by the Feds. What matters is that the Feds have the ability to charge him based on evidence, not on a “I want to punish this man for not squealing” argument.


  12. - Carlos S. - Friday, Nov 30, 12 @ 11:47 am:

    If I were on the jury and heard evidence that the feds tried to get Beavers to cooperate in the criminal investigation of others and her refused, it would not make me less likely to convict him.


  13. - carbaby - Friday, Nov 30, 12 @ 12:04 pm:

    Long story short, Beavers would never have filed an amended tax return and paid taxes on that money had he not known the Feds were going to get him for it. Attempting to “correct” a crime after the crime has been committed does not negate the crime. For me this is simple logic- oh but wait we’re talking about Beavers.


  14. - dupage dan - Friday, Nov 30, 12 @ 12:29 pm:

    I have heard you could secure an indictment for a ham sandwich from a grand jury.

    Beavers is toast.


  15. - The Captain - Friday, Nov 30, 12 @ 12:36 pm:

    Oh please, you could indict a ham sandwich in this town.


  16. - wordslinger - Friday, Nov 30, 12 @ 1:46 pm:

    –He (allegedly) evaded taxes, he has been charged for evading taxes. He was offered a “get out of jail free card” and did not take it. Now he has to live with the consequences. –

    Why do the feds have the power to offer a “get out of jail free” card? They’re prosecutors, not judge and jury.

    The facts are, it seems, they would have chosen not to prosecute Beavers for these horrible crimes against the republic if he wore a wire to get a bigger fish, AKA a bigger press release, or a bigger headline.

    How is that not relevant?

    Explain the ethics to me: You play ball and make us look good, and we look the other way. You don’t, and we ruin you.

    The feds lined up Chris Kelly four times. They would never have bothered him if they didn’t think he could help land the bigger fish, Blago. They drove him to his grave.

    In the past week, if you believe the reports, the feds compelled the resignation of a a duly elected congressman with threats of prosecuting his wife.

    Remember, the feds were on Trips over the Senate seat. Apparently, they couldn’t find enough there, so they went after him on something else — “going down every rat hole,” leading to the threats against his wife.

    And, as of now, Trips has not been charged with anything.

    Seriously, who scares you more: guys like Beavers and Trips, or personally ambitious, unelected prosecutors armed with the unlimited power of the federal government?


  17. - 47th Ward - Friday, Nov 30, 12 @ 2:00 pm:

    ===The facts are, it seems, they would have chosen not to prosecute Beavers for these horrible crimes against the republic if he wore a wire to get a bigger fish, AKA a bigger press release, or a bigger headline.

    How is that not relevant?===

    It is relevant. The better question is, given trial procedure, how does the defense introduce this fact? The judge has signaled that if Beavers testifies, he might be able to bring it up.

    It doesn’t matter what all the facts are, it only matters which facts the jury is allowed to hear. Therein lies the rub.


  18. - Casey - Friday, Nov 30, 12 @ 3:42 pm:

    Seems like this would be a wide open, lawless town as it pertains to political corruption if not for the USDOJ.
    What exactly is Anita Alvarez and Lisa Madigan doing for their salaries ?


  19. - The Fox - Friday, Nov 30, 12 @ 4:24 pm:

    Zagel thinks his court is an adjunct of the prosecutors’ office and if he isn’t on the AG’s payroll, he’s being cheated out of an extra salary.


Sorry, comments for this post are now closed.


* Where do these people learn to talk like that???
* Suarez stands by her ad, produces evidence
* Question of the day
* *** UPDATED x1 *** Lifestyles of the rich and famous
* A very good point
* Rauner outspent 2-1 on Chicago TV last month
* So far, it's still stuntish
* Politico report: Enyart slipping fast, Callis dumped
* *** UPDATED x1 - Another poll shows single digits *** Poll: Durbin with a single digit lead and slightly below 50
* *** UPDATED x1 - Suarez produces evidence *** A big swing and an even bigger miss
* *** UPDATED x1 - Dold response *** Schneider up with first TV ad
* This year's best test of party strength
* A boldfaced lie
* Rate Gov. Quinn's new TV ad
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Sony at IFA 2014: rumor roundup
        * Leaked pictures of Sony’s ILCE-QX1 to support E-mount lenses
        * China Mobile Begins Accepting Preorders for Unreleased iPhone 6
        * Lumia 830 leaks trump previous rumors, only 10 megapixel camera?
        * Galaxy Note 4 camera, working iPhone 6 leaks, iWatch times & more – Pocketnow Daily
        * Rooted Android devices being denied access to Barclays bank apps
        * Moto G2 retail box caught on camera at retailer’s warehouse?

        * Chinese Manufacturers Look To Windows 8.1 Tablets
        * Lenovo Y70 17” Gaming Touch Laptop
        * Lenovo Tab S8, Powered By Intel
        * Lenovo ERAZER X310 & X315: Affordable Gaming Desktop PCs
        * SoftBank’s Pepper Robot To Go On Sale In The U.S.
        * At $200, the Intel-powered Lenovo Tab S8 looks like a good value tablet
        * Implant Could Stop Seizures During Sleep

        * White Sox deliberate, but Rodon not called up
        * Mitchell not called up, but still in team's plans
        * Taylor eager to make most of September promotion
        * Abreu takes break from lineup in cautious move
        * Season Review: 2014 Charlotte Knights
        * White Sox call up Josh Phegley, Marcus Semien, Jordan Danks, Scott...
        * Prospect Rodon not among White Sox callups


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Quinn lives on minimum wage for a week..
        * Joseph Academy closes DuPage County location de.....
        * Quinn: High-Speed Rail Project To Get $102M Sta.....
        * Big momentum for a minimum wage hike..
        * Gov. Pat Quinn first to face felony concealment.....
        * Bruce Rauner seems to think Illinois voters are.....
        * New school year puts safety in the spotlight..


        * Study: Playing music helps sharpen kids' brains
        * EPA OKs FutureGen plan for CO2 storage
        * Kirk: US must take hard line against Islamic State
        * Gubernatorial candidates discuss jobs, veterans
        * Suburban Chicago man sentenced for killing infant
        * Rauner criticizes Quinn on veterans
        * Illinois woman rescued after day stuck in mud
        * First medical marijuana tally expected next week
        * School starts in Chicago with more safety guards
        * Climatologist says August warmed up in Illinois

        * Rauner criticizes Quinn on veterans
        * Gubernatorial candidates discuss jobs, veterans
        * Quinn: Eating crackers on minimum wage challenge
        * Illinois prisons struggle with backup power issues
        * State starts accepting medical marijuana requests
        * Audit finds state lax in reviewing eligibility for children’s health insurance program
        * Does the governor need to live in the Executive Mansion?
        * Statehouse Insider: Hands off investments
        * State of unions: AFSCME wins some, loses some on outsourcing
        * State of unions: Domination of Illinois' workforce becomes campaign issue

        * Jeb Bush to campaign here for Rauner
        * Anne Dias Griffin claims 'coercion' when signing prenup
        * Rauner's $100,000 question
        * Amtrak renews complaint against freight line over Chicago-Carbondale delays
        * A new, improved commuter bike for $325? Well, sort of


        * New school year brings changes to Gresham
        * IDOT political hiring is setback for Quinn
        * quit dragging feet on fracking
        * What was Ald. Pope thinking?
        * 30 years for man who smothered baby, tossed him in garbage
        * Three dead, at least 37 hurt in Labor Day weekend shootings
        * Four dead, 36 hurt in Labor Day weekend shootings
        * Kids pay the price for weak oversight of charter schools


        * Spokesman: Chicago police considering body cameras
        * Cops did not find suicide note of man who killed wife, disabled children
        * Surf park proposed for Montrose Beach
        * Woman sues company, driver in Friday's shuttle bus crash at O'Hare
        * Lawyer: Federal agents investigating shootings by Chicago cops
        * Woman in her 80s says in lawsuit she was trampled by runners at Little Italy festival
        * Family files suit blaming Port Barrington bar for fatal crash
        * Rauner declines to say how personal relationship with Emanuel will affect political one
        * Not guilty pleas in red light camera bribery scheme
        * Prosecutors: Man plotted obstruction after slaying off-duty cop


        * Dana Thomas House Drying Out, But More Water Works Needed
        * FutureGen Takes Another Step Forward
        * Decatur's Kirkland - From Beethoven To The Beatles
        * Big Predators In Illinois Inspire New Law
        * WUIS/SJ-R Business Report: Casey's Expansion; Parsons In Court; Farmland Prices Fall
        * Opposition Research Key Part Of Political Dark Arts
        * Digging up political dirt? That's their job
        * State Starts Accepting Medical Marijuana Requests
        * Newborn Found Alive In Jacksonville Trash Bin
        * DNR Releases Fracking Rules


        * Rauner criticizes Quinn on veterans
        * Quinn: Eating crackers on minimum wage challenge
        * Illinois prisons struggle with backup power issues
        * State starts accepting medical marijuana requests
        * Couple’s wedding gifts help the community
        * Angela Bertoni: How to raise awareness of domestic violence in October
        * Catherine Rampell: Tech firms’ poor record of diversity
        * Audit finds state lax in reviewing eligibility for children’s health insurance program
        * Does the governor need to live in the Executive Mansion?
        * Our Opinion: Driving into floodwater a deadly practice


        * Champaign recognizes citizen heroes
        * Overturned semi leaks fuel near New Athens
        * The Nifty Fifty: Prep soccer players to watch in 2014
        * Athletes of the Week: Grammer and Bauer
        * Man charged with aggravated robbery
        * Officers working outside of city concern aldermen
        * EPA OKs FutureGen plan for CO2 storage
        * Hayasaki comes up aces for Central
        * Ram moves on in doubles
        * Football fans have empty feeling


        * St. Charles North freshman Ernst excels at Elgin meet
        * Schofield, Kepski key for Carmel
        * New high-definition video scoreboard, some special seating for next season
        * St. Charles East handles West Chicago
        * Marmion, St. Edward's Mattas shine at Elgin Country Club

        * Roskam hires wounded veteran in West Chica...
        * Inactive Congress Discussed - Alton Daily ...
        * Roskam, Kirk speak to local business owner...
        * Roskam Talks Taxes - Alton Daily News
        * Nadler introduces resolution condemning an...
        * US Rep. Lipinski accepting service academy...
        * Dem Explains Why He Voted 'Present' on DAC...
        * Immigration dominates Lipinski's town hall...
        * Schock travels to India to promote humanit...
        * Congressman leads humanitarian trip to Ind...

        * Thomson Prison Staffing Continues With Job......
        * Sen. Dick Durbin on Election, Congress, More...
        * Sen. Dick Durbin on Election, Congress, More...
        * Sen. Dick Durbin on Election, Congress, More...
        * Sen. Dick Durbin on Election, Congress, More...

        * Kirk: US must take hard line against Islam......

        * My Fathers Day Present
        * Study: Businesses In Low-Income, Majority Minority Areas Struggle To Access Credit
        * Loan denied stamp
        * Election 2014
        * Guest Post: Harris v. Quinn: Another Nail In The Coffin Or Shot In The Arm For Labor?
        * Women's Rights Advocates, IL Lawmakers Rally For Reproductive Choice
        * Preckwinkle at Reproductive choice event
        * Reproductive choice event 2
        * Reproductive choice event
        * ISIS claims it has executed a second American journalist


        * When it comes to jobs and hiring, Pat Quinn is veteran unfriendly
        * Pat Quinn’s Blagojevich-style Hiring Hurts Veterans
        * Rauner Rolls Out Veterans Coalition
        * ICYMI: Capitol Fax: “A Very Good Point”
        * Like All Illinoisans, Veterans Are Hurting Under Pat Quinn




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller