(The Center Square) – Four convicted former executives and lobbyists for the state’s largest utility could get a new trial after the U.S. Supreme Court on Wednesday blunted part of federal bribery law.
The Supreme Court on Wednesday struck down part of a federal bribery statute that makes it a crime for state and local officials to accept gifts valued at over $5,000 from a donor who had previously been awarded contracts or other government benefits thanks to the official’s efforts. The 6-3 decision could affect how prosecutors across the country pursue public corruption cases.
On May 2, 2023, an Illinois jury convicted former state lawmaker and lobbyist Michael McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former contract lobbyist Jay Doherty. The case involved a conspiracy to bribe former Illinois House Speaker Michael Madigan with $1.3 million in no-show jobs, contracts and payments to associates in exchange for support with legislation that would benefit the utility’s bottom line.
Pramaggiore’s attorney, Scott Lassar, of Sidley Austin LLP in Chicago, said a new trial could be coming.
"At a minimum there will be a new trial," he told The Center Square.
After Wednesday’s decision, Judge Manish Shah, who is overseeing the ComEd case, set a status hearing for 10:15 a.m. July 9 in Courtroom 1919. He waived appearances for the convicted defendants.
The defendants in the case were convicted, but not sentenced. The former judge overseeing the case before his death put the sentencing on hold until after the Supreme Court decision.
McClain and Pramaggiore were convicted of nine counts of conspiracy, bribery and willfully falsifying books and records. Hooker and Doherty were convicted of six counts of conspiracy, bribery and willfully falsifying books and records.
At trial, prosecutors presented secretly recorded videos, wiretapped phone calls and hundreds of emails to show how the four former ComEd executives and lobbyists were "the grandmasters of corruption."
Prosecutors said that the utility paid out $1.3 million in jobs, contracts and payments to associates of Madigan over eight years in exchange for favorable treatment on legislation in Springfield.
Defense attorneys said the four never bribed anyone and argued the conduct was legal lobbying, including efforts to build goodwill with elected officials.
Madigan, who resigned after losing the House speakership in January 2021, has been charged with 23 counts of racketeering, bribery, and official misconduct alongside McClain in a separate case that could go to trial in October. Madigan has denied wrongdoing and pleaded not guilty.
Defense attorneys in Madigan’s case had previously said the Supreme Court decision could have a "monumental impact" on the pending case.