Capitol Fax.com - Your Illinois News Radar » *** UPDATED x1 - Beavers can talk about repayment *** Always an uphill climb
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x1 - Beavers can talk about repayment *** Always an uphill climb

Friday, Nov 30, 2012 - Posted by Rich Miller

*** 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.

       

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.


* Today's number: $13.33 billion
* Isabel’s afternoon roundup (Updated x2)
* SUBSCRIBERS ONLY - Fundraiser list
* How does this medical debt relief plan work?
* Pritzker, Preckwinkle ‘optimistic’ that Chicago city council will approve asylum-seeker funding
* Pritzker says prison facilities must be replaced: "This is not an optional issue" (Updated)
* SUBSCRIBERS ONLY - Update to today’s edition and some campaign stuff
* Governor says free speech is a right, but doesn’t support protesters blocking traffic
* On Harmon, the White Sox, the Bears and BIPA
* It’s just a bill
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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


Loading


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

Archives
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
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




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