(Michael Izquierdo / WTTW News)
Sentencing dates for the four former Commonwealth Edison officials convicted of conspiring to bribe ex-House Speaker Michael Madigan will be delayed until later this year, as the Supreme Court hears a case that could rewrite federal bribery statutes.
U.S. District Judge Harry Leinenweber on Thursday ruled that the “ComEd Four” will not be sentenced until after the high court issues its ruling in a separate case involving James Snyder, a former Indiana mayor who was found guilty of accepting a bribe.
Madigan’s longtime confidant Michael McClain, ex-ComEd CEO Anne Pramaggiore, retired ComEd executive John Hooker and former ComEd consultant Jay Doherty were all initially set to be sentenced in January following their convictions last year on charges of bribery conspiracy, bribery and willfully falsifying ComEd’s books.
Federal prosecutors argued they did this through a number of means, including paying Madigan allies as ComEd subcontractors, who in turn would actually do little or no work for the utility company; offering a lucrative contract to a law firm run by Madigan ally Victor Reyes; and fighting to get Juan Ochoa appointed to the ComEd board of directors at the former speaker’s behest.
But according to their defense attorneys, the Snyder case could determine whether the federal bribery statute criminalizes only bribery or also reaches gratuities — defined as payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions.
They’ve argued the high court’s ruling has the potential to “upend” the verdict in the ComEd case, and have claimed that those convictions will not stand.
Federal prosecutors strongly disagree and have argued that no matter how the Supreme Court rules in the Snyder case, it would not affect the verdict in this case. But Leinenweber believes there could be an impact.
The judge’s decision comes after the judge handling Madigan’s upcoming racketeering case similarly agreed to delay that trial until after the Supreme Court resolves the Snyder case. That ruling is expected sometime this summer.
Madigan, who is charged along with McClain, is now scheduled to go to trial in October.
Contact Matt Masterson: @ByMattMasterson | [email protected] | (773) 509-5431
