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Despite ComEd’s deferred prosecution agreement, attorney says company would plead “not guilty” if need be

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ComEd made its first court appearance Tuesday since being hit with bombshell federal bribery charges involving House Speaker Michael Madigan’s political operation — and if all goes as planned, it may be one of the company’s last.

In a brief hearing at the Dirksen U.S. Courthouse, prosecutors and lawyers for ComEd agreed that after a formal arraignment next week, the company would not have to return to court until 2023, when a three-year deferred prosecution agreement with the government is set to expire. […]

Assistant U.S. Attorney Amarjeet Bhachu told the judge that due to the deferred prosecution agreement, ComEd does not have to enter a plea at its Aug. 5 arraignment. Reid Schar, lead attorney for ComEd, said if the company did enter a plea, it would be not guilty.

“There may be no need to come back short of the government ultimately dismissing the (charges) at the end of the three years,” said Schar, who as an assistant U.S. attorney a decade ago led the prosecution of Illinois’ previous “Public Official A,” former-Gov. Rod Blagojevich.

Interesting. I hadn’t really considered that plea angle. Thoughts?

…Adding… As a commenter suggests, this sort of thing may be the reason the company agreed to the deal…

A class action lawsuit filed Monday against ComEd alleges the utility company overcharged customers by $150 million through rate increases it got as a result of a bribery scheme.

Ten days ago, ComEd admitted it took part in a bribery scheme linked to Illinois elected officials and agreed to pay a $200 million settlement.

ComEd “unjustly enriched itself by overcharging its 4 million customers in Illinois for years,” the law firm, Romanucci & Blandin, said in a statement.

posted by Rich Miller
Tuesday, Jul 28, 20 @ 12:48 pm

Comments

Com Ed is trying to protect itself from civil liability, and from the consequences of a corporation taking a felony. The consequences can include debarment from government contracts.

That is why guilty corporations love deferred prosecution agreements, and why corporate interests lobby DOJ to write policies that favor such agreements instead of prosecution.

Comment by Keyrock Tuesday, Jul 28, 20 @ 12:57 pm
I’m sure that will delight Mayor Lightfoot

Comment by Been There Tuesday, Jul 28, 20 @ 1:08 pm
ComEd made a good business decision to accept the deferred prosecution agreement.

Comment by Ostomie Wedgie Tuesday, Jul 28, 20 @ 1:11 pm
All the more reason to believe Comm Ed has never really been the target of this process.

Comment by Big Tent Tuesday, Jul 28, 20 @ 1:12 pm
The civil liability angle is interesting. I was reading that class-action lawsuits were being filed on the behalf of ratepayers. However, ComEd certainly was a willing participant and can’t plead ignorance.

DPA’s I imagine are somewhat “popular” (lesser of evils), no public back and forth if the entity wants to fight without admitting to guilt if conditions are met. More of a settlement with a probationary period to rectify internal issues.

Comment by 1st Ward Tuesday, Jul 28, 20 @ 1:15 pm
Huh?
Don’t the Feds have to agree to a guilty plea from ComEd, accepted by a court, in order to get paid the 200M?

Comment by walker Tuesday, Jul 28, 20 @ 1:16 pm
=== However, ComEd certainly was a willing participant and can’t plead ignorance. ===

There is a legal effect to a guilty plea. Whether they are a willful participant or not, no guilty plea = no admission that can be used against them in a civil case.

Comment by Powdered Whig Tuesday, Jul 28, 20 @ 1:28 pm
It’s a deferred prosecution, meaning no prosecution if certain conditions are met. that includes the payment of the fine. no mystery - not going to plead guilty if the purpose of the agreement is to avoid prosecution.

Comment by jim Tuesday, Jul 28, 20 @ 1:35 pm
With or without a guilty plea, the civil case can still go after ComEd. There’s just more heavy lifting for the plaintiffs without the guilty plea to the point where ComEd would probably be better of settling the case as quickly as possible without having to subject the folks who almost certainly would be required to provide depositions in the civil case to provide those depositions as sworn testimony which would then be able to be compared to testimony already on the books in the federal case.

Comment by Candy Dogood Tuesday, Jul 28, 20 @ 1:42 pm
I think $200M was likely a bargain for ComEd.

Comment by Lincoln Lad Tuesday, Jul 28, 20 @ 1:42 pm
It’s all bad news for Madigan.

Comment by radio flyer Tuesday, Jul 28, 20 @ 1:43 pm
So how can the Speaker be charged if Com Ed is not guilty and those charges are ultimately dropped? Where is the crime? No conspirators! No quid pro quo!

Comment by Analyst Tuesday, Jul 28, 20 @ 1:55 pm
You plead not guilty as a corporation if required to plead at all because the net affect at the end of the three years is a dismissal of the charge. They have a ton of hoops to jump through over the next three years to keep their end of the agreement.

Comment by Nagidam Tuesday, Jul 28, 20 @ 1:56 pm
It’s an interesting scenario where a crime was committed but no one committed it.

A couple decades ago, the LaSalle County state’s attorney had a “deferred prosecution” program for first time offenders. If they completed the requirements, the charge would be expunged. They would not have a felony or misdemeanor on record. It was only for nonviolent crimes.

Corporate law, written by lobbyists and passed by friendly legislators, allows a corporation to be charged with a crime while the executives who actually committed it skate.

The perks of the corner office crowd.

Comment by Streator Curmudgeon Tuesday, Jul 28, 20 @ 2:02 pm
Just because the corporation entered a DPA doesn’t mean the Execs won’t be charged. I suspect they will. One step at a time.

Comment by 19th Ward Guy Tuesday, Jul 28, 20 @ 2:36 pm
plea agreement states deal applies only to corporation, everyone else at comed is on their own.

Comment by jim Tuesday, Jul 28, 20 @ 3:25 pm
The only reason ComEd “if need be” would have to enter a plea - is if they violate the deferred prosecution agreement and are formally charged. But make no mistake, ComEd has admitted to criminal wrongdoing in the deferred prosecution agreement. It may be for that purpose only, and not in a subsequent prosecution “if need be,” but this publicly traded corporation (with all its legal and fiduciary obligations) has acknowledged serious misconduct. The deferred prosecution agreement also prohibits any public statements by ComEd that deny or qualify their full accountability and responsibility.

Comment by anon Tuesday, Jul 28, 20 @ 3:38 pm
===It’s an interesting scenario where a crime was committed but no one committed it====

Try to grasp a lobbying firm In 2004 that pleads guilty. An employee was found guilty but the principles walked. They may have known nothing as Sargent Shultz said but the employee obviously fell on the sword. But there has to be enough evidence or the prosecutor has to take what they can get.

Comment by Way Back Machine Tuesday, Jul 28, 20 @ 10:19 pm