Former Chicago Ald. Ed Burke makes his way through security at the Dirksen Courthouse on Nov. 6, 2023. (WTTW News)

Federal prosecutors urged U.S. District Court Judge Virginia Kendall to reject what they called a “last-ditch effort” by former Ald. Ed Burke to delay his sentencing because the U.S. Supreme Court has yet to rule on a case that could narrow the definition of bribery.

Burke, 80, was convicted Dec. 21 on 13 of 14 counts of racketeering, bribery and attempted extortion. Once the most powerful politician in Chicago, Burke is scheduled to be sentenced Monday.

The U.S. Supreme Court has not yet ruled on an appeal filed by James Snyder, the former mayor of Portage, Indiana, who was convicted in 2021 of accepting a bribe.

The high court’s pending ruling in that case — which could come as soon as Friday could redefine federal bribery statutes — has already led to delays in the trial date of former Illinois House Speaker Michael Madigan and sentencing dates for the “ComEd Four,” who were convicted of conspiring to bribe Madigan.

However, only two of the charges Burke was convicted of would be impacted if the Supreme Court narrows the legal definition of bribery to exclude 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, according to federal prosecutors.

Those charges include Burke’s efforts to get the firm set to redevelop the Old Post Office to hire his law firm as well as his push to help Charles Cui, a Portage Park businessman, who hired the firm once known as Klafter & Burke, prosecutors said.

Even if those charges are invalidated by the Supreme Court, Burke’s conviction for racketeering would still stand, based on the other charges he was convicted of, and his sentencing recommendation would not change, prosecutors said.

In addition, prosecutors noted that the Supreme Court agreed to hear the Snyder case in December — before his conviction — but Burke did not seek to delay his sentencing until 10 days before his scheduled court date.

Prosecutors have asked Kendall to sentence Burke to 10 years in prison, while his attorneys have asked for home confinement or probation.

Prosecutors urged Kendall not to delay, noting that Burke was first charged with attempted extortion in January 2019. Because of the massive amount of evidence in the case, delays caused by the COVID-19 pandemic and Burke’s own efforts to put off a trial, it was nearly five years before Burke faced a jury.

“The public, as well as the victims in this case, have a strong interest in finality and bringing the case to a close,” prosecutors wrote. “Unfounded, eleventh-hour requests for delay like this one contribute to a general sense that the wheels of justice turn too slowly.”

Kendall is also expected to rule on the request from Burke’s lawyers to toss out his racketeering conviction, who said the jury in his landmark corruption trial got “carried away.”

Matt Masterson contributed to this report.

Contact Heather Cherone: @HeatherCherone | (773) 569-1863 | [email protected]