Jim Dey: Feds lay out details of case Madigan hopes will go away

Apr. 3—While former Illinois House Speaker Michael Madigan is fixated on April 15, federal prosecutors are, by instinct and court schedule, playing the long game.

Madigan, who faces a variety of corruption charges, is looking to tax deadline day because that's when the U.S. Supreme Court will hear oral arguments in an Indiana case that will determine the length and breadth of the federal bribery statute.

Depending on how the court rules, the case against Madigan could dissipate.

Meanwhile, prosecutors recently filed a 213-page "proffer" that details the case against Madigan and his previously convicted co-defendant Michael McClain.

The document contains the usual legal arguments — what constitutes a conspiracy, and what evidence is required to prove it.

But it's also loaded with disclosures, including voluminous tape-recorded conversations among alleged conspirators, that prosecutors claim shows criminal conduct.

Prosecutors said the document "highlights ... certain of the government's evidence sufficient to establish the existence of the conspiracy and the participation of the co-conspirators."

The high-profile portion of the Madigan case is the charge that he was the leader of a long-standing conspiracy with Commonweath Edison. The utility, which acknowledged its guilt and paid a massive fine, allegedly showered Madigan with expensive favors to win his support for its legislative proposals, including a controversial rate-hike plan.

Evidence prosecutors presented was sufficient to win guilty verdicts against the original ComEd Four — former company executive Anne Pramaggiori and lobbyists McClain, John Hooker and Jay Doherty. (Their sentencings are on hold pending the U.S. Supreme Court's ruling.)

But Madigan is the big fish the government wants to land.

The onetime Democratic Party powerhouse also faces charges of a similar nature involving AT&T, along with allegations that he sought to rezone property in Chicago in order to secure business for his law firm.

Symbolic of Madigan's fall from power and grace in the aftermath of his indictment is the status of Madigan & Getzendanner. After 50 years, the law firm is no more — rebranded minus Madigan as "HollandHicks Law." A 2010 Chicago Tribune investigation into Madigan's law firm described it as the city's leading property tax appeals firm.

"(Madigan partner Vincent) Getzendanner and four other lawyers handle the tax law. Madigan's job is to bring in clients," the Tribune said.

Madigan's appetite for attracting legal work from high-profile clients is part of what landed him in trouble.

Operating as an undercover FBI mole and wired for sound, former Chicago Alderman Danny Solis sought Madigan's help rezoning a state-owned property that a private business wanted to develop.

If Madigan could arrange for the legislature to rezone the property over the opposition of the Illinois Department of Transportation, Solis pledged to deliver the developer's legal work to Madigan. For himself, Solis wanted Madigan to arrange his appointment to a six-figure job on a state board.

"So, what would happen if you recommended me?" Solis asked Madigan.

The proffer states "Madigan responded that he 'would go to (Gov. J.B. Pritzker)' and 'you'd come in as (Pritzker's) recommendation.'"

It's obvious in the tape-recorded conversations that Solis made intentionally clear statements so those listening would get the gist of their discussions.

"I've helped you in the past. I'm gonna continue to help you. ... There's a lot of good stuff happening in my ward," he said.

"Oh, yeah," Madigan replied.

The rezoning plan never came to fruition because the legislator Madigan chose to sponsor the legislation balked in the face of IDOT opposition.

The plan was ultimately doomed when a court document mistakenly made public revealed Solis was an FBI mole.

Madigan terminated contact with Solis. But they could meet again when and if Madigan's case goes to trial.