Former Ald. Ed Burke in federal court before U.S. District Court Judge Virginia Kendall on Dec. 5, 2023. (WTTW News)
U.S. District Court Judge Virginia Kendall rejected on Friday an 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.
Kendall sided with prosecutors, who blasted the request for a postponement as a “last-ditch effort” by Burke to avoid being sentenced on Monday for racketeering, bribery and attempted extortion.
Prosecutors have asked Kendall to sentence Burke to 10 years in prison, while his attorneys have asked for home confinement or probation.
Kendall’s decision to sentence Burke on Monday as scheduled came hours betore she rejected the request from Burke’s lawyers to toss out his racketeering conviction, who said the jury in his landmark corruption trial got “carried away.”
"The jury's verdict stands," Kendall wrote.
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 next week and 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 conviction for racketeering would still stand, based on the other charges he was convicted of, and his sentencing recommendation would not change, prosecutors said.
Contact Heather Cherone: @HeatherCherone | (773) 569-1863 | [email protected]
