An alleged scheme to lavish benefits on longtime House Speaker Michael Madigan in exchange for his influence on Commonwealth Edison legislation in Springfield clearly meets the criteria of the bribery statute even if there was no explicit agreement between the parties, federal prosecutors argued in a motion this week.

       In June, lawyers for Michael McClain, Anne Pramaggiore, John Hooker and Jay Doherty asked U.S. District Judge Harry Leinenweber to toss several of the key elements of the bombshell case against them, arguing that there was no quid pro quo agreement and that jobs, contracts and other payments to chosen Madigan political operatives constituted legal lobbying.

       But in a 74-page response filed late Monday, Assistant U.S. Attorney Amarjeet Bhachu wrote the federal bribery law does not require a quid pro quo, and even if it did, the allegations in the indictment make clear that Madigan — identified only as Public Official A — was in on the scheme.

       Over an eight-year period, Bhachu wrote, ComEd provided at least $700,000 in benefits to key Madigan political operatives that “did not consist merely of lobbying” and proved to be an effective means to gain influence at the Capitol.

       “The stream of benefits defendants conferred on Public Official A are alleged to have had the desired result—ComEd’s substantial legislative success in Springfield,” Bhachu wrote.

       The filing marked the latest in a legal tussle that has had a familiar ring in Chicago, where attorneys representing accused politicians have long argued that the U.S. Attorney’s Office is using the bribery statute to criminalize legal political logrolling.

       In their June filing asking for the bribery conspiracy charges to be dismissed, attorneys for McClain and the other defendants cited the case against former Gov. Rod Blagojevich, who famously argued that his efforts to fill the U.S. Senate seat vacated by President-elect Barack Obama in 2008 were not tied directly to things of value, and therefore did not constitute a bribe.

       The 7th Circuit U.S. Court of Appeals did grant Blagojevich a narrow victory on that point, tossing out charges alleging Blagojevich had attempted to negotiate a cabinet secretary position for himself in exchange for the Senate appointment.

       But Bhachu wrote there is no correlation between that scenario and the allegations in the ComEd scheme.

       “Here, the charges are not based on political logrolling, but rather, on private benefits in the form of jobs, contracts, and payments offered to be paid by a private company in order to influence and reward a legislator in carrying out his official duties,” the motion stated.

       Bhachu also blasted arguments by the defendants that some of the bribery charges should be dismissed because they could not be tied to a specific “official act,” citing former Republican Gov. George Ryan’s corruption conviction.

       Bhachu said the 7th Circuit ruled in the Ryan case that a “stream of benefits” was provided to the governor over time, “more like a meal plan in which you don’t pay for each item on the menu.” The indictment in the ComEd case alleges a similar scenario, he said.

       The 50-page indictment filed last November alleged that beginning in 2011, McClain, a former legislator and lobbyist, and the other defendants “arranged for various associates” of Madigan — including his political allies and campaign workers — to “obtain jobs, contracts and monetary payments” from ComEd even in instances where they did little or no actual work.

       McClain and the other defendants also conspired to have ComEd hire a Madigan-favored law firm and lawyer, previously identified in public testimony as Victor Reyes of Reyes Kurson, and to accept into ComEd’s summer internship program a certain number of students who lived in Madigan’s 13th Ward, according to the charges.

       Pramaggiore, the onetime CEO of ComEd, and McClain also allegedly took steps to have Juan Ochoa, the former head of the Metropolitan Pier and Exposition Authority of Chicago, appointed to ComEd’s board of directors at the request of Madigan and McClain, the indictment stated.

       All four defendants have pleaded not guilty to the indictment. Another former ComEd executive, Fidel Marquez, pleaded guilty to bribery conspiracy last year and is cooperating with prosecutors in the probe.

       Madigan, who stepped down from his role as speaker in January and later resigned his legislative seat, has not been charged in the case and has denied wrongdoing.

       One key element of the indictment alleged the scheme to bribe Madigan played a big role in winning approval of laws in 2011 to put in place ComEd smart-grid technology and in 2016 to bail out Exelon power plants.

       In Monday’s filing, Bhachu specifically mentioned a little-noticed 2013 law that overruled the Illinois Commerce Commission’s interpretation of the key provisions in the 2011 smart-grid law, a lucrative move for ComEd that a Tribune report highlighted in May.

       The 2013 law allowed ComEd to use a series of accounting techniques the ICC rejected, a move that would help the utility bottom line. The Public Interest Research Group, known as PIRG, has estimated the 2013 law cost electricity users $600 million over the past seven years—a figure ComEd disputes.

       Deputy Gov. Christian Mitchell has said the 2013 provisions are “part and parcel” of a controversial formula rate structure that Gov. J.B. Pritzker has worked to eliminate in the long-running negotiations to reach consensus on a new energy statute in Springfield.

       “Public Official A played a critical role in the passage of legislation in the Illinois House of Representatives that affected ComEd’s interests,” Bhachu wrote.

       jmeisner@chicagotribune.com

       rlong@chicagotribune.com

       ComEd scheme to influence Madigan was not legal lobbying — it was bribery, prosecutors say

       52m

       Gang member who got ‘trophy tattoo’ on his face to commemorate murder is sentenced to 33 years

       Aug 23, 2021

       Horoscopes Daily horoscope for August 24, 2021

       12:00 AM

       Ask Amy Ask Amy: Stepchild would like for dad to leave stepmom at home

       12:05 AM

       News Illinois expansion of health coverage for older adults regardless of immigration status is expected to benefit thousands of essential workers at risk

       13m