Feds agree to drop charges against Schock
Wednesday, Mar 6, 2019 - Posted by Rich Miller
* This prosecution had serious problems…
In a surprise move for a high-profile public corruption case, federal prosecutors in Chicago have agreed to drop all charges against former U.S. Rep. Aaron Schock if he pays back money he owes to the Internal Revenue Service and his campaign fund.
The stunning deal, known as a deferred prosecution agreement, was announced Wednesday during what was supposed to be a routine status hearing for Schock before U.S. District Judge Matthew Kennelly.
According to the agreement, Schock, 37, must pay $42,000 to the IRS and $68,000 to his congressional campaign fund. If he does so — and stays out of any new trouble — prosecutors would drop all felony counts against Schock, leaving him with a clean record.
Schock, once considered a rising star in the Republican Party, resigned in 2015 amid the federal investigation into his use of his campaign funds and House allowance to pay personal expenses ranging from an extravagant remodeling of his Washington office inspired by the British television series “Downton Abbey” to flying on a private plane to attend a Chicago Bears game.
I’ll likely have more in a bit.
…Adding… To refresh your memory…
Schock’s lawyers say in a motion filed in U.S. District Court that prosecutors and investigators repeatedly asked potential [grand jury] witnesses “irrelevant and highly invasive questions” about Schock’s personal relationships and sexuality, including whether he is gay.
Prosecutors denied allegations Schock’s attorneys made in March that investigators crossed legal lines by recruiting a confidential informant from Schock’s staff.
That informant brought documents to the feds without a warrant.
Also…
The federal judge overseeing the criminal case against former Rep. Aaron Schock leveled an unusual public complaint Tuesday that he was misled by a prosecutor on the case.
Judge Colin Bruce, of the U.S. District Court for the Central District of Illinois, also ordered the prosecution to conduct a review of all its court filings in the matter for potential inaccuracies.
This is when the tide really turned…
The increasingly odd corruption case filed against former U.S. Rep. Aaron Schock took another bizarre turn Thursday when local prosecutors were removed from the case by their superiors in Washington, D.C.
The news came in the form of a motion filed by Springfield-based federal prosecutors who asked for a delay in a status hearing scheduled for 10:30 a.m. Friday at the U.S. Courthouse in Urbana. Assistant U.S. Attorney Patrick Hansen sought the delay because “the Department of Justice (in Washington, D.C.) is in the process of reassigning the prosecution of this matter to a different prosecution team outside the Central District of Illinois.”
The dismissal of the Central District prosecution team comes just a couple weeks after the judge presiding over the case — U.S. Judge Colin Bruce — was removed by Chief Judge James Shadid for engaging in impermissible ex parte email communications with a paralegal with whom he worked while he was an assistant U.S. Attorney.
…Adding… Schock speaks…
- wordslinger - Wednesday, Mar 6, 19 @ 10:52 am:
Never underestimate the advantage of being able to lawyer-up good.
- Anon E Moose - Wednesday, Mar 6, 19 @ 10:54 am:
Also Judge Bruce messed things up a bit
- DaBears2019 - Wednesday, Mar 6, 19 @ 10:56 am:
Saul Goodman outdid himself this time. Could be his finest hour.
- Thanos Snap Judgement - Wednesday, Mar 6, 19 @ 10:57 am:
I wonder if he now regrets stepping down from his seat, and perhaps should have followed suit the strategy of Sen. Bob Menendez of NJ; stay in office while you’re being investigated.
- Oswego Willy - Wednesday, Mar 6, 19 @ 11:00 am:
Schock has the right attorneys and right plan with them to take on what seems to be now “he spends money, it must be bad” kinda prosecution.
Still, it cost him his seat and a career, as of now.
We’ll see what it means to fully cooperate.
- Anonymous - Wednesday, Mar 6, 19 @ 11:00 am:
So if bank robbers return the money, they can go free?
Is that a fair comparison?
- Ron Burgundy - Wednesday, Mar 6, 19 @ 11:04 am:
- Is that a fair comparison? -
No, because the Feds apparently don’t believe they can convict him.
- A guy - Wednesday, Mar 6, 19 @ 11:05 am:
Assume he has the cash to square up. If not, borrow it quick and get this thing sealed up. His lawyers were definitely top notch.
- TaylorvilleTornado - Wednesday, Mar 6, 19 @ 11:14 am:
This kind of garbage is exactly why people have no confidence in their government or the justice system.
If you’re rich and/or connected, you can get away with almost anything with nothing more than a slap on the wrist.
- Ducky LaMoore - Wednesday, Mar 6, 19 @ 11:16 am:
===I wonder if he now regrets stepping down from his seat===
Probably not. The strategy of disappearing from public for years helped him greatly with the case. But I wish he would have stayed. A convicted criminal would give us better representation than we currently get.
- So_Ill - Wednesday, Mar 6, 19 @ 11:17 am:
Where does Aaron Shock fit into the 2019 GOP?
- Anon - Wednesday, Mar 6, 19 @ 11:18 am:
When the facts in the case are this clear and the person receives no formal sentencing it sends a very bad message to the public.
Regardless of the action of the courts, the facts remain very clear that this guy brazenly stole from the People of the United States of America and now receives no punishment.
I hope this is a case of ‘good attorneys’ and not of a justice department fulfilling political promises.
- Rich Miller - Wednesday, Mar 6, 19 @ 11:23 am:
===it sends a very bad message to the public===
Considering all the allegations of prosecutorial misconduct, I think it sends a good message.
- Downstate Dem - Wednesday, Mar 6, 19 @ 11:23 am:
Jesse Jackson Jr. gets 30 months in prison for virtually the same crime…Schock gets nothing. Interesting…..
- Ron Burgundy - Wednesday, Mar 6, 19 @ 11:27 am:
Interesting that a lot of the comments focus on Schock getting off easy and not that this prosecution was horribly botched. That’s where the anger should be directed. They apparently violated his rights before the grand jury at least 11 times, then built a case on improperly obtained and likely inadmissible evidence. This is the government taking what it can get.
- Three Dimensional Checkers - Wednesday, Mar 6, 19 @ 11:29 am:
Am I miss remembering, but wasn’t Gov. Rauner somehow tied in with the scandal that lead to Shock’s resignation? It was there only speculation?
- Medvale School for the Gifted - Wednesday, Mar 6, 19 @ 11:32 am:
Bruce Rauner got what he needed. No hard feelings, I am sure.
Maybe Bruce and Aaron can go have a beer.
- 47th Ward - Wednesday, Mar 6, 19 @ 11:33 am:
===leaving him with a clean record===
What good is a clean record when your reputation is trashed? It’s not like he can get his old job back after this.
Looks like lots of people had a hand in screwing this up. Hope they face some consequences.
Also, $110,000 in restitution is likely significantly less than his legal bills for this mess.
- SAP - Wednesday, Mar 6, 19 @ 11:34 am:
==Prosecutors denied allegations Schock’s attorneys made in March that investigators crossed legal lines by recruiting a confidential informant from Schock’s staff.
That informant brought documents to the feds without a warrant.==
I kinda like the 4th amendment, so I’d say this is a good message.
- Annonin' - Wednesday, Mar 6, 19 @ 11:37 am:
Mr/Ms 3DC
GovJunk is generally credited with the OR/leaks and other smears that damaged Shock. It part of the classless standards who gave IL
- Anon - Wednesday, Mar 6, 19 @ 11:37 am:
===Considering all the allegations of prosecutorial misconduct, I think it sends a good message.===
That a member of the United States house of Representatives that commits fraud in order to line his own pockets on top of his six figure salary can hire an attorney to allege prosecutorial misconduct and suddenly the facts go away?
What kind of message do you think that sends to the public besides the idea that rich and or politically connected criminals do not see consequences for their crimes?
There’s a reason why Illinois government has the reputation it has. It’s earned it and Schock stealing tens of thousands of dollars and getting away with it is not helping.
- View from the Cheap Seats - Wednesday, Mar 6, 19 @ 11:41 am:
The feds had all kinds of 4th Amendment and separation-of-powers issues here, not to mention prosecutorial misconduct. I’d bet there was more to come, so they cut their losses. And IMHO, Aaron did well to stay out of the limelight; it would’ve been much harder for the feds to walk away if he was still a congressman. Personally, I think he still has a political future. The GOP ain’t exactly spilling over with dynamic statewide candidates right now.
- Rich Miller - Wednesday, Mar 6, 19 @ 11:41 am:
===What kind of message do you think that sends to the public===
The message it sends is that there are checks and balances in our system and they eventually worked this time. Federal investigators/prosecutors have great powers. With those powers should come responsibility and accountability.
- ZC - Wednesday, Mar 6, 19 @ 11:44 am:
Jesse Jackson Jr got busted for decorating his own house. There are very few bright-line tests for misuse of campaign funds but that’s one the feds will come down on you for.
Schock redecorating a federal office, while odd, never fell into the same clearcut “personal use” violation Jackson got caught under. Even his mileage use violations, at least overlapped with legitimate campaign expenditures, so again there wasn’t a clearcut red line crossed.
I always assumed the feds had something deeper on Schock involving his real estate dealings, but I guess that never panned out, or they just fumbled the case so badly they gave up.
- Paddyrollingstone - Wednesday, Mar 6, 19 @ 11:45 am:
I have had three cases in the last 15 years that a client received a deferred prosecution. The process was very deliberate and the USAO was correct in their decision to uptimately not prosecute. My client were not rich and not connected, so I’d say that the comments here that this is for the rich and connected defendants is not accurate.
- Responsa - Wednesday, Mar 6, 19 @ 11:45 am:
Lying low and letting the lawyers work outside the public eye was absolutely the correct decision. Not continuing to serve in congress while under a cloud and thereby giving his constituents the chance to have full time and engaged representation while it all was sorted out was also the correct decision. Aaron’s tendency toward arrogance and hubris was exposed and probably has ended his political career. But the way he handled himself after the fact helps him go on with his life even as the prosecution in this case also exposed their own tendency toward arrogance and hubris. I think this result is right and about the best possible under the circumstances.
- Skokie Man - Wednesday, Mar 6, 19 @ 11:47 am:
===The message it sends is that there are checks and balances in our system and they eventually worked this time. Federal investigators/prosecutors have great powers. With those powers should come responsibility and accountability.===
I think the public consistently sees that those checks and balances curb prosecutions of rich folks and white folks. I don’t think the public will now have greater faith in the system because the system worked for yet another well-connected defendant.
- Glengarry - Wednesday, Mar 6, 19 @ 11:49 am:
And soon Caterpillar will be cleared. How much money has this prosecutors office wasted?
- Rich Miller - Wednesday, Mar 6, 19 @ 11:51 am:
===I don’t think the public will now have greater faith in the system because the system worked for yet another well-connected defendant===
I don’t speak for the public and neither should you. The fact is, this was over-reach.
- M - Wednesday, Mar 6, 19 @ 12:07 pm:
Does ‘this is an over-reach’ mean someone high up in the GOP wanted him gone.
- Been There - Wednesday, Mar 6, 19 @ 12:11 pm:
===There’s a reason why Illinois government has the reputation it has. It’s earned it and Schock stealing tens of thousands of dollars and getting away with it is not helping.===
Last I checked this was a federal case.
- JSI - Wednesday, Mar 6, 19 @ 12:26 pm:
#FreeRod
- Sue - Wednesday, Mar 6, 19 @ 12:30 pm:
Kind of similar to Ted Stevens who had the feds not violated his rights the Senate never would have had the votes for the ACA. Dismissing the case is insufficient- lawyers need to be prosecuted
- A guy - Wednesday, Mar 6, 19 @ 12:38 pm:
Some here just may not remember Aaron as well.
Staying out of the Limelight was a significant penalty for him.
- Sue - Wednesday, Mar 6, 19 @ 12:44 pm:
M wednesday- yea it’s always the Republicans. Schock was indicted by a Dem US attorney and Dem AG but nice comment on your part
- Anon - Wednesday, Mar 6, 19 @ 12:46 pm:
===The fact is, this was over-reach.===
The fact is, a crime was committed.
Aaron didn’t have to fork over tens of thousands of dollars because he was an innocent little school boy haplessly caught in a federal abuse of power.
He was stealing tens of thousands of dollars by submitting fraudulent reports to the United States government.
The only thing he’s missing is a prison sentence and the title of being a felon. He is a thief that was caught red handed stealing from the People of the United States of America.
He’s not innocent. He just wasn’t convicted.
- Annon3 - Wednesday, Mar 6, 19 @ 12:47 pm:
Now that he is free to Instagram everything I cannot wait to see where wonderlust takes our globetrotting former congressman
- RNUG - Wednesday, Mar 6, 19 @ 12:53 pm:
== Also, $110,000 in restitution is likely significantly less than his legal bills for this mess. ==
Wondering if part of the deal forbids him from suing the Feds for misconduct. If it does, then the Feds are trying to quietly bury their mistakes.
If it doesn’t, then it will be interesting to see if he tries to recoup a portion of his legal expenses.
- Medvale School for the Gifted - Wednesday, Mar 6, 19 @ 1:01 pm:
#epicfedfail
- JimboJamz - Wednesday, Mar 6, 19 @ 1:09 pm:
Many Republicans believe that the US DOJ has been out of control for many years. That’s why “Licensed to Lie: Exposing Corruption in the Department of Justice” by Sidney Powell has been a best seller for the last year. Powell is a former Fed prosecutor.
- Three Dimensional Checkers - Wednesday, Mar 6, 19 @ 1:20 pm:
It sounds like the USA allowed all the media attention to influence their work and messed up the case in the process.
- Demoralized - Wednesday, Mar 6, 19 @ 1:21 pm:
==yea it’s always the Republicans==
Says the gal who says it’s always the Democrats. lol.
- BenFolds5 - Wednesday, Mar 6, 19 @ 1:21 pm:
Whoa… The more you read, this was crazy. I have to say YUGE victory for justice. The targeting and over reach should put faith in the system. Don’t focus on what they “claimed” he did originally. Look at how they prosecuted. RNUG, as always has the best point. Did they agree not to counter sue? Probably right? When the government is weaponized against you, anything goes right? Scary.
- Demoralized - Wednesday, Mar 6, 19 @ 1:21 pm:
This is what should have happened in the first place. He engaged in fraud. Pay back what you owe and then we all move on.
- Justice - Wednesday, Mar 6, 19 @ 1:28 pm:
This is a big win for justice the Rauner’s and LaHauds took him down now hopefully that story gets out there now
- wordslinger - Wednesday, Mar 6, 19 @ 1:31 pm:
–M wednesday- yea it’s always the Republicans. Schock was indicted by a Dem US attorney and Dem AG but nice comment on your part–
Always the victim, this one.
You brought up Ted Stevens:
Q1. Who was running the Justice Department when Stevens was prosecuted and convicted?
Q2. Who was running the Justice Department when prosecutorial misconduct was investigated, found, revealed, and successfully had the conviction set aside and indictment dismissed with prejudice?
A1: W appointees.
A2: Eric Holder.
- BenFolds5 - Wednesday, Mar 6, 19 @ 1:36 pm:
I think it may be naive to think it was Rauner et al. I would think the other party would benefit more from taking out the only real “superstar”. Even Republicans didn’t really like Rauner. It was just he’s not Quinn. I think the mystery may never be solved, but my money isn’t on Rauner. He proved his worth (lessness) My money is on the Maestro Madigan!Trade marked!
- anon - Wednesday, Mar 6, 19 @ 1:37 pm:
Wordslinger and others - be careful when using relying on the party in power in DC when discussing alleged misconduct by local AUSAs. As with other government employees, the line attorneys are not (necessarily) tied to the politics of the President.
- Oswego Willy - Wednesday, Mar 6, 19 @ 1:45 pm:
===I think the mystery may never be solved, but my money isn’t on Rauner. He proved his worth (lessness) My money is on the Maestro Madigan!Trade marked!===
Why would Madigan want to take down Schock?
That’s even more ridiculous than thinking Rauner “can’t” be involved.
Yikes, man, you may not have followed this correctly.
- m - Wednesday, Mar 6, 19 @ 1:56 pm:
=- M - Wednesday, Mar 6, 19 @ 12:07 pm:
Does ‘this is an over-reach’ mean someone high up in the GOP wanted him gone.=
That -M- is not me.
=What good is a clean record when your reputation is trashed? It’s not like he can get his old job back after this.=
You sure about that? He’s still pretty popular in his district, and there are a lot of former constituents that believe it was some sort of witch hunt led by his predecessor. New map could be interesting if Schock wants to rejoin the field. If I’m LaHood, Koehler, Spain or maybe even Bustos, I dont want his house drawn into my district.
- Streator Curmudgeon - Wednesday, Mar 6, 19 @ 1:57 pm:
My memory’s not so great any more, but when Schock was first charged, it seems to me the general reaction on CapFax was that he was out of control and deserved to be in jail.
Today, it’s more “overreach” by the DOJ, prosecutorial misconduct, and clever lawyering.
And meanwhile, whatever became of the federal investigation of Frank Mautino, who was accused of much of the same kind of stuff?
- @misterjayem - Wednesday, Mar 6, 19 @ 1:57 pm:
“Wordslinger and others - be careful when using relying on the party in power in DC when discussing alleged misconduct by local AUSAs.”
Wordslinger used the party information to refute Sue’s partisan claims, not to prove their opposite.
– MrJM
- BenFolds5 - Wednesday, Mar 6, 19 @ 1:57 pm:
Willy I don’t think Rauner had the ability. OW, taking out your opponents best isn’t that far fetched. It’s actually more logical. If it was Rauner, that would have probably come out.
- Oswego Willy - Wednesday, Mar 6, 19 @ 2:02 pm:
=== I don’t think Rauner had the ability….taking out your opponents best isn’t that far fetched. It’s actually more logical. If it was Rauner, that would have probably come out.===
Use the search key here.
Rich covered it really well, including the dark money aspects and where it *may* have started.
This response back… you are willfully ignorant to the institutional knowledge of what happened.
It wasn’t the Dems or Madigan.
- Oswego Willy - Wednesday, Mar 6, 19 @ 2:04 pm:
- BenFolds5 -
Start here…
https://capitolfax.com/2014/07/28/was-rauner-consultant-behind-anti-schock-ads/
- Oswego Willy - Wednesday, Mar 6, 19 @ 2:07 pm:
Or here…
https://capitolfax.com/2013/01/14/schock-blasts-rauner-over-ads/
Or here…
https://capitolfax.com/2013/01/16/rauner-denies-schock-ad-ties
- BenFolds5 - Wednesday, Mar 6, 19 @ 2:33 pm:
OW… Yes,some serious signs can be pointed that way. That’s not absolute. Maybe we will find out for sure? If it was Rauner how is there any loyalty to not end the mystery? If it’s the Dems or Madigan, they are still in control. The guy got railroaded. I am happy for him either way now.
- Oswego Willy - Wednesday, Mar 6, 19 @ 2:37 pm:
===If it was Rauner how is there any loyalty to not end the mystery?===
People got paid. That’s how business works. It’s also dark money.
===Yes,some serious signs can be pointed that way. That’s not absolute.===
… yet you still think it could be Madigan or the Dems… with nothing pointing there.
Your credibility here is shrinking “by the letter”… lol
You must think Rauner is a truthful soul too.
- wordslinger - Wednesday, Mar 6, 19 @ 2:56 pm:
–Wordslinger used the party information to refute Sue’s partisan claims, not to prove their opposite.–
True, but adding that in the Stevens case, Holder personally announced the findings of prosecutorial misconduct and signed off on the motion to vacate the conviction.
- Generic Drone - Wednesday, Mar 6, 19 @ 3:06 pm:
Spending campaign cash on furniture: STUPID
Spending cash on great attourneys: PRICELESS
- Sue - Wednesday, Mar 6, 19 @ 3:17 pm:
As far as main justice vs the local offices- main justice must sign off the locals proceeding when it comes to members of Congress. This case wouldn’t have been filed without the Dep AG reporting directly to Holder giving the green light. It’s spelled out in the procedural manual
- South of I-80 in the 18th - Wednesday, Mar 6, 19 @ 3:49 pm:
I’m glad to see the charges dropped.
With all the issues and questionable actions taken by the prosecutor(s) and others, this is the right decision. Those prosecuting are expected to have the prowess but also the check and balances to know how to properly make, then win their case.
At any rate, multiple reputations have been trashed in this and whatever happens, this case will fade away as another is put in the limelight.
- Boone’s is Back - Wednesday, Mar 6, 19 @ 3:55 pm:
Wow, that’s a big win for Aaron. The federal conviction rate is over 90%. There were some clear oversteps on the prosecution’s part as noted above.
- chad - Wednesday, Mar 6, 19 @ 4:23 pm:
Another political charging over-reach. Glad to see him essentially walk on this. He has big bucks to pay for his defense, and I hope his political fund can cover it. I was there at state GOP conventions before Rauner was involved when he was definitely being though of as a future Governor candidate. He would have been a good candidate. Will have to see how this plays out over the next few months. I think there is potential statewide political life in this man.
- Demoralized - Wednesday, Mar 6, 19 @ 5:48 pm:
Sue:
If your political theories were correct (and they aren’t) then why are the feds in New York all up in Trump’s business? Your argument doesn’t hold any water, especially your attempted assertion that this was somehow a Democratic conspiracy. That’s just baloney.
- JS Mill - Wednesday, Mar 6, 19 @ 7:06 pm:
= I think there is potential statewide political life in this man.=
Hopefully not. The fact remains that he is dishonest and wasteful with public money.
Traveling the world, fabricating expenses, playing pretensies, and garishly decorating your public office on the people’s dime should not be forgiven. He is lucky to have gone up against some lousy prosecutors and that is really all.
- Anonymous - Wednesday, Mar 6, 19 @ 8:38 pm:
The guy is a putz either way.