1/ 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.
chicago.suntimes.com/crime/2020/7/1…
chicago.suntimes.com/crime/2020/7/1…
2/ 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.
The agreement also notes ComEd's substantial continuing cooperation with the Feds.
3/ 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.
It does *not* mean that the Feds have sufficient evidence to prove Madigan's guilt.
4/ 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.
The Feds made clear that ComEd has already provided substantial assistance to their investigation.
5/ 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?
So why doesn't this mean that Madigan himself will necessarily be charged?
6/ 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.
ComEd could have dealt with other individuals instead of dealing with Madigan directly, for example.
7/ 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.
8/ 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. /end
It does not yet indicate Madigan will be charged. /end
