* Stay tuned for more…
*** UPDATE *** The indictment is here.
…Adding… From the US Attorney’s office…
A sales agent for a Chicago-area red-light camera company has been indicted for allegedly conspiring to pay bribes to obtain approval to install additional cameras in suburban Oak Lawn.
PATRICK J. DOHERTY, 64, of Palos Heights, is charged with one count of conspiracy to use an interstate facility to facilitate bribery, and two counts of using an interstate facility to facilitate bribery. The indictment was returned Thursday in U.S. District Court in Chicago. An arraignment date has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; and Kathy A. Enstrom, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. The government is represented by Assistant U.S. Attorneys Christopher J. Stetler, Tiffany A. Ardam and James P. Durkin.
According to the indictment, Doherty worked as a sales agent for the red-light camera company that since 2014 had a contract with Oak Lawn to provide cameras at certain intersections. Renewal of the contract and installation of cameras at additional intersections required approval from Oak Lawn’s Board of Trustees, the indictment states.
The charges allege that in 2017 Doherty conspired with an individual with a financial interest in the red-light camera company and another sales agent of the company to pay money to a relative of an elected Oak Lawn Trustee to influence the Trustee into using his official position to approve installation of cameras at additional intersections. The conspirators agreed to pay the relative a total of approximately $4,000 over an eight-week period, the indictment states. In order to conceal the purpose of the payments, the conspirators agreed that Doherty would make the payments from a separate company, the indictment states.
In a telephone conversation on May 25, 2017, Doherty told the other sales agent that Doherty would pay the Trustee’s relative “if it’s going to get us the job,” according to the indictment. Doherty allegedly added, “I’ll just pay it. Just make sure we get the, make sure we get the [expletive] thing, the contract.”
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count in the indictment is punishable by up to five years in prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
…Adding… A bit of history from the Sun-Times…
In an interview last fall with the Chicago Sun-Times, Doherty said he had been interviewed by FBI and IRS agents at his home. He also insisted the interview was not about SafeSpeed.
Rather, Doherty said, agents asked about another company run by SafeSpeed investor Omar Maani — who is believed to be cooperating with federal authorities — that has been involved in low-income housing projects in Cicero and Summit. The projects involved the construction of dozens of townhomes and received taxpayer subsidies through county government, Doherty said.
Doherty and Tobolski were involved in getting Maani’s firm that funding, apparently without competitive bidding.
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* His budget address is next Wednesday, so this press release is a bit of a preview…
In a comprehensive effort to save taxpayer dollars while investing in efforts that build our long-term financial health, Governor JB Pritzker announced that his administration has identified a variety of government efficiencies that will provide $225 million of budgetary relief in Fiscal Year 2021 and at least $750 million over the next three years.
“I believe strongly that effective government demands efficient government—and it’s been a point of pride for my administration to act as wise fiscal stewards of Illinois’ limited state resources, maximizing operational resources and saving hundreds of millions of taxpayer dollars,” said Governor JB Pritzker. “In the past, irresponsible management of state revenue and a failure to invest in the long-term health of our state and its people put us in a challenging fiscal position. But today, I’m proud to announce that for the coming year, our efficiencies and initiatives will yield at least $225 million in savings and will put the state in a position to save more than $750 million over the next three years.”
The Pritzker administration has achieved these savings through optimizing state agency operations, consolidating agencies and eliminating duplicative or dormant boards and commissions.
A comprehensive list of Gov. Pritzker’s proposed government efficiencies is attached. Among the savings highlights:
Moving on from the years of hostility under the previous administration, Gov. Pritzker has treated the state’s dedicated workers and retirees with respect, negotiated with unions in good faith and reached agreements with 20 of 33 bargaining units across the state. Through effective negotiations and innovative health care health care plan design, the Pritzker administration has achieved an estimated $650 million in cost savings to taxpayers through fiscal year 2023, including more than $175 million in Fiscal Year 2021.
Working with Comptroller Mendoza’s office to pay overdue medical bills, the administration has saved the state $15.7 million in late-payment interest costs in FY20 and an additional $25 million in FY21.
In addition, every state agency has reviewed their operations to ensure high-quality services are delivered as efficiently as possible. For example, the Department of Corrections’ operational efficiencies will save more than $25 million while enhanced revenue collections at the Department of Revenue is expected to generate as much as $15 million.
With some agencies performing duplicative functions, the Pritzker administration is looking toward consolidation to save taxpayer resources. The administration is exploring a merger of the Illinois Department of Labor and the Illinois Department of Employment Security and will merge the anti-fraud program at the Workers’ Compensation Commission with the anti-fraud unit at the Department of Insurance, as well as the Coroner Training Board with the Department of Public Health.
Finally, the administration has begun an extensive review of the more than 700 boards and commissions operating throughout state government to identify further opportunities for cost savings. Many boards are duplicative, outdated and dormant, and therefore could be eliminated to save taxpayer resources.
* From the attachment…
The Office of the Governor will explore a merger of the Illinois Department of Labor (IDOL) and the Illinois Department of Employment Security (IDES). The functions of each agency previously were housed in a singular agency before IDES was separated out by then-Governor James R. Thompson in 1984. The justifications provided by Governor Thompson for the split may no longer apply, as both agencies receive significant federal funding from many of the same sources. Further, most other states provide all of the functions undertaken by IDOL and IDES under a single agency. A consolidation could result in significant savings and a more effective, unified agency overseeing labor regulation and job-related programs for the businesses and workers of Illinois.
The review of a potential merger will address any possible obstacles to effectively combing the agencies, while also determining other potential benefits of consolidation, including:
• The merger would create a one stop shop for employment issues – providing better service to the public.
• With the merging of information under one agency, the State could enhance enforcement of labor and unemployment laws and more effectively prevent fraud.
• “Underground economy” would be easier to track. Consolidation of enforcement capabilities would streamline information being shared with key personnel, preventing employee misclassification, and weeding out bad faith employers to create a more level playing field for businesses that follow the law.
• Cross-agency utilization of full data sets would enable a holistic approach to removing barriers in apprenticeship programs, allowing the agency to target areas of high unemployment more efficiently and effectively.
• By merging the agencies, workers would have the combined strength of the regional offices to address their concerns. IDOL could leverage IDES’ existing outreach system to better inform the public about fair labor standards, prevailing wage requirements and other labor laws. Additionally, regional offices could be equipped to assist the public in filing complaints and resolving labor law violations, thus enhancing service delivery.
• With the broader reach of offices in communities all across Illinois, the combined agency would have greater ability to act locally to provide assistance to working families and to develop policies that are more responsive to community needs.
Thoughts?
*** UPDATE *** Press release…
The Joint Employers released the following statement regarding the Pritzker Administration’s proposal to merge the Illinois Department of Employment Security with the Illinois Department of Labor:
“While we appreciate and support efforts to find efficiencies in state government, the Joint Employers are disappointed to learn this includes the possibility of merging the Illinois Department of Employment Security (IDES) with the Illinois Department of Labor. Such a proposal suggests a lack of understanding of the need for IDES to act as a standalone agency and raises questions about what, if any, benefits would come from a merger.
IDES was created by the legislature in the early 1980s in recognition that the system of unemployment insurance benefits is funded by Illinois employers and deserved special focus outside of the Illinois Department of Labor, which has a very different function. Because 100 percent of IDES’s administrative funding comes from the federal government, except for in the case of special projects, it is unlikely that there are any administrative savings to be had.
Further, IDES was created to serve as a neutral arbiter to assist both employers and labor during agreed bill negotiations. These occur every few years when a negotiating group from both sides come together to determine what changes, if any, need to be made to the unemployment insurance benefit program. Since its creation, every administration, whether Democrat or Republican, has not only supported the agreed bill process but ensured the leadership of IDES maintains their role as a neutral arbiter. A merger endangers this independence and compromises the agreed bill process.
We are hopeful the Pritzker Administration will engage in a dialogue with impacted entities on this proposal. The work of IDES has been especially important to both business and labor and has maintained a balanced approach that has served both sides well.”
The Joint Employers are comprised of the Associated General Contractors of Illinois, Chicagoland Chamber of Commerce, Illinois Chamber of Commerce, Illinois Manufacturers’ Association, Illinois Retail Merchants Association, and the National Federation of Independent Business.
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Baise is right about this
Friday, Feb 14, 2020 - Posted by Rich Miller
* The Center Square…
Pritzker said the proposed rates that would follow possible voter approval of a progressive income tax are fair because it would mean lower rates for most taxpayers.
“It’s only the top 2.7 or 3 percent that will pay a little more,” Pritzker said. “Addressing income inequality is very important.”
[Ideas Illinois Chairman Greg Baise] said addressing income inequality wasn’t in the governor’s job description. He said state government hasn’t proven it can wisely spend the money it collects now.
“The flat income tax in this state makes it a little more difficult for your elected representatives, who in the last ten years have raised taxes on taxpayers in Illinois and still we have all those other problems: State debt, property taxes and a pension deficit,” Base said.
The progressive tax rates are separate from the proposed amendment. If the flat tax is done away with and the constitution allows for tiered rates with higher rates on higher earners, state lawmakers could change the rates every year.
“What this argument is about is to give an opportunity for Springfield politicians to have an easier way to raise money when they need, for whatever particular pet project they happen to be wanting to get done in any particular year and this would open that door,” Baise said.
A governor’s “job description” is whatever he says it is within the confines of the constitutions and statutes.
But I do agree with Baise on his other point. It’s difficult for legislators to raise the flat tax because they’re increasing taxes on everyone. Just look at the last 20 years. Blagojevich wouldn’t go near an income tax hike, Quinn waited until he had safely won an election and when it was abundantly clear the state was drowning in red ink during a massive recession, Rauner refused to talk about it when the tax hike partially rolled back and taxes were only raised back up to almost the status quo ante when desperate Republicans crossed the aisle to override him.
It’s a whole lot easier to just jack up the rates on the top 3 percent.
…Adding… From a commenter…
It’s a way to raise the state’s income without going to people who are just getting by for more money. Yes, it’s easier on politicians, but it’s easier on politicians because it’s easier for their constituents. That’s kinda the whole point.
* Related…
* David Borris: Fair Tax will help everyone, including our small businesses
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*** UPDATE *** Check out this tidbit in Mark Maxwell’s story…
Perhaps ironically, the Gaming Board only discovered the leak of Heidner’s personal information while it was in the process of responding to a FOIA request from Heidner himself. After the businessman grew suspicious that someone at the state gambling agency was unfairly targeting him at the behest of his competitors, he filed several FOIAs seeking “all communications between the IGB and the Tribune” to support his theory.
[ *** End Of Update *** ]
* Press release…
Rick Heidner and Gold Rush Amusements, Inc., the victims of a data breach by the Illinois Gaming Board (IGB), filed a lawsuit against the IGB, alleging that their personal and sensitive financial information was intentionally and illegally leaked by an IGB employee. The IGB compounded the harm by failing to promptly notify Mr. Heidner and Gold Rush of the unauthorized disclosures and by taking unfair and improper actions against them, resulting in significant financial and reputational harm.
The lawsuit, filed Tuesday in the Illinois Court of Claims, accuses the IGB of causing substantial harm when an IGB employee intentionally and without authorization disclosed sensitive financial information, including personally identifiable information relating to Gold Rush, Mr. Heidner, his wife, two of his children, and other individuals. The IGB is legally required to keep this data confidential. The complaint, which alleges breach of fiduciary duties and negligence, seeks the maximum allowable damages of $2 million each for Mr. Heidner and Gold Rush.
Approximately half of the more than 50 individual victims of the IGB data breach had previous contact with Mr. Heidner or Gold Rush, a licensed terminal operator serving more than 500 establishments across Illinois. In addition to immediate and extended family members, the victims include individuals with whom Gold Rush has a contractual relationship under the jurisdiction of the IGB.
The IGB delayed notifying Mr. Heidner and the other victims of the unauthorized disclosures for nearly a month. According to the complaint, Mr. Heidner and his family received the IGB’s data breach notices on Jan. 31, well after the IGB discovered the breach on Jan. 3, and a week after the media had reported the breach. The IGB’s failure to promptly notify Mr. Heidner and the other victims and cooperate with them in matters relating to the data breach, as well as its failure to implement and maintain reasonable security measures to protect their private information from unauthorized access and disclosures, violates the Illinois Personal Information Protection Act.
“Despite requiring licensees and associated individuals to hand over a veritable treasure trove of their most sensitive data, the evidence will show that the IGB’s approach to protecting Mr. Heidner’s data has been careless and cavalier, at best,” the complaint states. By leaking confidential, sensitive personal and financial information, “the IGB has breached the trust and confidence that forms the very foundation of the relationship” between the state gaming agency and its licensees, the suit adds.
The unauthorized disclosures by an IGB employee to three federal government entities between Oct. 12-31, 2019, purportedly began the day after the first of a series of articles relating to Mr. Heidner was published in the Chicago Tribune. The Oct. 11 article criticized certain real estate partnerships and implied they were not properly disclosed to the IGB. “Such insinuations were false, in that Mr. Heidner had made complete and accurate disclosures in both Gold Rush’s initial terminal operator license application and in all renewal and related submissions to the IGB,” the suit states.
“These disclosures . . . were made without authorization and were not in response to any valid legal request.” Instead, the suit alleges that an “IGB employee made these unauthorized disclosures to fuel―or at least in response to―negative media coverage the IGB helped generate against Mr. Heidner and Gold Rush.”
Gaming licensees and associated individuals are required to provide the IGB with detailed disclosures of highly confidential personal and financial information. In Mr. Heidner’s case, initially in 2010 and annually since Gold Rush was first licensed in 2012, he has given the IGB information relating to his personal background, social security number, assets, liabilities, personal bank accounts, personal and business investments, real estate holdings, life insurance policies, vehicle ownership, mortgages, and liens, among other details.
The information was leaked―and the unauthorized disclosures were undetected for months―at a time when negative media publicity speculated about the completeness of Gold Rush’s and Mr. Heidner’s disclosures to the IGB, and at a time when the IGB chose to take unfair, unfounded actions against them, according to the complaint. The series of adverse actions without a proper factual basis included, in December, initiating a Disciplinary Complaint, incited by Gold Rush’s competitors, against Gold Rush that seeks the severe penalty of license revocation despite the company’s history of compliance.
On Jan. 3, when the IGB finally discovered the unauthorized disclosures by an employee, it failed to promptly alert Mr. Heidner or Gold Rush that they were victims. A week later, the IGB notified state legislative leaders of the breach but, again, failed to notify the victims. Two weeks after that, the media reported information about the leak, but Mr. Heidner and Gold Rush still were not informed that they were victims. When the media reports caused Mr. Heidner to expressly ask the IGB if he was a victim, the IGB remained silent until Mr. Heidner and his family received formal notices in the mail on Jan. 31.
On Feb. 1, Gold Rush and Mr. Heidner sent a letter to the IGB demanding basic answers regarding the data breach, as well as “an immediate and thorough investigation into the IGB’s role in the orchestrated and public smear campaign” against Mr. Heidner that began in October 2019. On Feb. 7, the IGB responded it could not provide the requested information to Mr. Heidner.
Upon filing the complaint, Mr. Heidner and Gold Rush also referred the matter to Illinois Attorney General Kwame Raoul for further investigation.
* Sun-Times…
A Gaming Board spokesman says the agency does not comment on pending litigation and declined to comment on the breach.
This latest legal volley from Heidner comes after the Gaming Board filed a disciplinary action against him in December seeking to revoke his gambling license for allegedly offering up a $5 million “illegal inducement” to the owner of a gambling parlor chain that planned to remove Heidner’s machines. Heidner’s team says it’s all part of a “smear campaign” orchestrated by a competitor with whom he’s also wrangling in civil court.
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