* Renato Mariotti, a former federal prosecutor, 2018 Democratic attorney general candidate and cable TV legal analyist has an interesting take on today’s events…
What should we make of ComEd’s $200 million deferred prosecution agreement?
This morning, federal prosecutors in Chicago announced a deferred prosecution agreement with Commonwealth Edison (ComEd), in which ComEd agreed to pay a $200 million fine and agreed to entry of a bribery charge against ComEd.
The bribery charge implicates Illinois House Speaker Michael Madigan, alleging that ComEd agreed to give things of value for Madigan’s benefits with the intent to influence and reward Madigan.
The agreement also notes ComEd’s substantial continuing cooperation with the Feds.
These documents make clear that federal prosecutors are trying to build a case against Madigan and believe that they have sufficient evidence to prove a bribery scheme that benefited Madigan.
It does *not* mean that the Feds have sufficient evidence to prove Madigan’s guilt.
Obviously the agreement is bad news for Madigan, and its announcement will send a signal to others that could encourage them to cooperate against Madigan.
The Feds made clear that ComEd has already provided substantial assistance to their investigation.
ComEd would not have agreed to pay $200 million unless the evidence of the scheme was significant. That fine amount was below the Sentencing Guidelines range but it is obviously a significant sum.
So why doesn’t this mean that Madigan himself will necessarily be charged?
Because proving that ComEd was involved in a scheme to bribe Madigan is different than proving that Madigan knowingly participated in the scheme.
ComEd could have dealt with other individuals instead of dealing with Madigan directly, for example.
NOTE: The foregoing is based solely on information in the public record. I know the prosecutors and defense attorneys in this matter but I have no non-public information about ComEd’s criminal liability or the alleged bribery scheme.
In sum, this charge and deferred prosecution agreement make clear that the Feds are investigating Madigan and that they believe they have sufficient evidence to prove the existence of a bribery scheme that benefited him.
It does not yet indicate Madigan will be charged. [Emphasis added.]
* And to his point that today’s action could “send a signal to others that could encourage them to cooperate”…
In other words, either get on the bus or be thrown under it.
- Excitable Boy - Friday, Jul 17, 20 @ 2:55 pm:
If he makes it through this the no cell phone policy is going to look pretty sharp.
- Graybeard - Friday, Jul 17, 20 @ 3:01 pm:
Lausch literally gave out the FBI’s phone number during the press conference. I’ve never seen that one before in a public corruption case.
That, combined with the “Public Official A” theatrics, make me think that this press conference was aimed at one person: “Individual A”… whose identity everyone also knows.
- Oswego Willy - Friday, Jul 17, 20 @ 3:01 pm:
=== ComEd could have dealt with other individuals instead of dealing with Madigan directly, for example.===
The title of this post says it all … that grab highlights the rub.
Senator Pat Geary : Mr. Cici, was there always a buffer involved?
Willi Cici : A what?
Senator Pat Geary : A buffer. Someone in between you and your possible superiors who passed on to you the actual order…
Willi Cici : Oh yeah, a buffer. The family had a lot of buffers
Renato Mariotti ain’t wrong(?)
- AlphaBettor - Friday, Jul 17, 20 @ 3:04 pm:
Will Willie Cicci testify against Madigan?
- 44th - Friday, Jul 17, 20 @ 3:04 pm:
Good headline, lot of buffers. Thats pretty much the entire case. Law practice, lobbying can buffer a lot of activity. Feds more and more piercing through these layers. Madigan is a sophisticated lawyer, thus many many buffers. Need someone in the first buffer to turn. Its sort of like the mafia.
- Captain Obvious - Friday, Jul 17, 20 @ 3:05 pm:
This gentleman is very astute. While his take has been described as interesting, it would be more accurate to describe it as a bullseye. Any grave dancing is premature at this point, especially given Madigan’s vehement denial of wrongdoing in the face of some strong indicators of guilt.
- NSJ - Friday, Jul 17, 20 @ 3:06 pm:
This is all common sense?
- 1st Ward - Friday, Jul 17, 20 @ 3:07 pm:
The “buffers” will need to be indicted first and offered a good deal to roll on Madigan if Madigan is to be indicted (which i doubt).
Unless there are e-mails directly from Madigan or a wiretap with him on it orchestrating this it won’t happen. Good luck.
The Feds are probably waiting to see how the buffers respond to today’s news to see if they make any mistakes before some buffers are indicted. The paranoia and anxiety in that circle must be quite high.
- Three Dimensional Checkers - Friday, Jul 17, 20 @ 3:09 pm:
It does not mean the feds have no evidence against Madigan either. The statute of limitations is the only real reason to charge Madigan now rather than later. The feds can poke around, play rough with some associates, shake the trees so to speak and see if more evidence comes out. Say they are 90% sure they can convict now. They have no reason to indict now if they’ll be 99% or 100% sure in a few weeks.
- Just Me 2 - Friday, Jul 17, 20 @ 3:09 pm:
I just checked a handful of House Dem twitter feeds. Not a single peep out of those I looked at. Interesting.
- Ginhouse Tommy - Friday, Jul 17, 20 @ 3:11 pm:
For one of the buffers to get something and Individual A not to now about is ridiculous. The guys too sharp not to know what was going on and the buffers would not have acted w/o his consent.
- Quixotic - Friday, Jul 17, 20 @ 3:13 pm:
To Excitable Boy, a funny story: A receptionist was out sick one day and I stood in for her. While covering her, I got a call from Madigan on a cell phone and very nearly cursed him out because I thought he was an impersonator or prankster. Fortunately I remembered I was at work and thought better of that. My supervisors always got a kick out of that story and would remind me of how close I came to not having a job. I regret not keeping the number.
- 1st Ward - Friday, Jul 17, 20 @ 3:21 pm:
“The guys too sharp not to know what was going on and the buffers would not have acted w/o his consent.”
Agree with the statement but you have to prove it in court with evidence. The guy might also be too sharp to get caught. If this was all done in a backroom you need a wiretap or multiple people stating the same thing, laying out how it all worked, and tying it back directly to Madigan. Good luck. He may look guilty but that’s not proving guilt.
- Upon Further Review - Friday, Jul 17, 20 @ 3:22 pm:
Public corruption is very difficult to prove short of Louie Arroyo and Marty Sandeval style ignorance.
Supreme Court cases including recent cases have established that the connection must be direct with the accused having full knowledge. A pretty high bar.
The better play for those who want the Speaker gone is to press the Governor in terms of cleaning up his own party. That would be very problematic for the Speaker as the Governor can’t be bullied in the traditional fashion in light of his personal wealth.
If/when the Governor says it is time to go, that is game, set, match. Time will tell what his threshold will be for that type of action.
- 44th - Friday, Jul 17, 20 @ 3:24 pm:
Correct 1st, going to be hard to pin it on him. Sounds like he didn’t talk on the phone, covered himself, so unless they can turn his closest guys, unlikely to pin him.
- NSJ - Friday, Jul 17, 20 @ 3:25 pm:
This is not rocket science. Short of McClain flipping, they don’t have enough.
- Like A Lazer - Friday, Jul 17, 20 @ 3:28 pm:
George Ryan was convicted based on circumstantial evidence for a lot of his crimes. Same could apply if feds do indict Madigan.
Interesting that IRS criminal agent was present and given a speaking role at fed presser today. They help with the big, complex financial cases.
- Huh? - Friday, Jul 17, 20 @ 3:30 pm:
“got a call from Madigan on a cell phone”
Was it his or borrowed?
- NSJ - Friday, Jul 17, 20 @ 3:31 pm:
And quite frankly, even if he did, what would he say? This is all L-E-G-A-L. If they had enough for a RICO, they would have brought it already.
- Anyone Remember - Friday, Jul 17, 20 @ 3:32 pm:
Income tax evasion is one of the easier crimes to prove. If the Chicago IRS Criminal Investigation Special Agent in Charge is publicly asking for help, this cake is far from being baked.
- Ginhouse Tommy - Friday, Jul 17, 20 @ 3:44 pm:
1st Ward I agree
- In_The_Middle - Friday, Jul 17, 20 @ 3:46 pm:
I bet MM would love to be able to take back yesterday’s comments. RE: Ethics Reform
- Frank talks - Friday, Jul 17, 20 @ 3:47 pm:
if they’re looking for more witnesses they don’t have it
- Pelonski - Friday, Jul 17, 20 @ 3:55 pm:
He doesn’t have to be found guilty to be removed as speaker. If the case the feds present in court is good enough, it may force the hands of the Democrats.
- Quixotic - Friday, Jul 17, 20 @ 3:58 pm:
To Huh
honestly can’t say. Obviously, I along with everyone else believe he doesn’t have a cell phone, which is why I almost chastised him. But I know the prefixes for most City/state work lines, and it was definitely a cell. Can’t speculate on whose it was. he did offer it as a follow up for a callback at any time.
- Streator Curmudgeon - Friday, Jul 17, 20 @ 3:58 pm:
As we found out from Aaron Schock’s case, the feds don’t always make slam dunks.
ILGOP and others shouldn’t uncork the champagne yet.
- AnonymousFool - Friday, Jul 17, 20 @ 4:01 pm:
“ILGOP and others shouldn’t uncork the champagne yet.” Yep, but that won’t stop them (especially the eastern bloc) from doing so.
- anon2 - Friday, Jul 17, 20 @ 4:03 pm:
== Supreme Court cases including recent cases have established that the connection must be direct with the accused having full knowledge. A pretty high bar.==
I suspect that Madigan never explicitly agreed to pass a bill in return for getting people hired. If so, then how is his behavior different from legislators who get campaign donations and then vote for the donor’s bills without ever explicitly agreeing to a quid pro quo?
- Al Magordo - Friday, Jul 17, 20 @ 4:10 pm:
=== George Ryan was convicted based on circumstantial evidence ===
[Narrator: George Ryan’s Chief-of-staff testified against him.]
- 1st Ward - Friday, Jul 17, 20 @ 4:10 pm:
“If the case the feds present in court is good enough, it may force the hands of the Democrats”
There are no indictments yet. Only a deferred prosecution agreement for ComEd. No court dates. The Feds presented their case this morning.
The Speaker is fighting any implication that he did something wrong. Until there are indictments and public evidence directly against MM he isn’t going anywhere based on what came out today.
- Graybeard - Friday, Jul 17, 20 @ 4:15 pm:
Does this story end with Steve Brown leaping to his feet in a federal courtroom, a la Tom Hagen, demanding an apology?
- Grandson of Man - Friday, Jul 17, 20 @ 4:18 pm:
“Until there are indictments and public evidence directly against MM he isn’t going anywhere based on what came out today.“
In this political climate especially, where our president and world leader constantly screams out hoax and witch hunt. That kind of behavior sets a terrible precedent.
- {Sigh} - Friday, Jul 17, 20 @ 4:35 pm:
=eastern bloc=
You mean the ethical members who videoed themselves trespassing at a CLOSED DNR site?
{Sigh} don’t grandstand on ethics, unless your closest is clean.
- Al Magordo - Friday, Jul 17, 20 @ 4:38 pm:
It would be highly unusual I think for the Feds to indict Madigan this close to Election Day or as it approaches.
The Justice Department is supposed to steer clear of political influence, and indicting a party Chair this close to the election would clearly impact it.
Fawell was indicted in April 2002, but then the Feds went dark throughout the election, much to the dismay of Glenn Poshard.
- dbk - Friday, Jul 17, 20 @ 4:38 pm:
Hmm. If the rumor re: him not having had his own cell phone is true, and if he wasn’t keen on email or other electronic communications - which I kind of assume he wasn’t - he’s had a lot of time to thin those paper trails (and I’m even wondering how much was ever put on paper at all).
If all the agreements were tacit and several steps removed from MJM himself, where’s the evidence?
So yeah, someone from the inner-inner circle will need to be turned - but even then, if there’s no trail, it’ll be “he said, he said”.
I think the Gov needs to act preemptively, like, by Monday.