Federal prosecutors in Chicago have reversed course, telling a judge they no longer plan to seek a $3.1 million forfeiture judgment against former Illinois House Speaker Michael J. Madigan, “as a matter of discretion.”
The feds notified U.S. District Judge John Blakey of their position in a two-page status update filed Friday. It said prosecutors continue “to stand on the legal arguments” made March 28, when they first argued Madigan should forfeit the $3.1 million.
However, it said, “the government has decided to no longer seek a forfeiture judgment” in Madigan’s case.
“This decision is independent from any other issue or briefing in this matter,” Assistant U.S. Attorney Sarah Streicker wrote. “The government’s position in this filing relates solely to forfeiture and not to any other issue in the case.”
The revelation will likely scuttle a planned June 9 forfeiture hearing in Madigan’s case, though Blakey has yet to respond to the feds’ status update. Madigan’s sentencing hearing is still set for June 13, when he will probably face prison time.
Prosecutors are expected to make their recommendation about Madigan’s sentence May 30.
It’s unclear what prompted the feds’ reversal on forfeiture, but it’s notable that the office is recently under new leadership. Andrew Boutros took over as U.S. attorney on an interim basis April 7, a little more than a week after prosecutors asked Blakey for the $3.1 million judgment.
Madigan was the longest-serving state House leader in the United States. A jury found him guilty in February of conspiring to accept bribes from ComEd while it had legislation pending in Springfield.
It also convicted him of a plot to install former 25th Ward Ald. Danny Solis on a state board in exchange for Solis’ help securing private business for Madigan’s law firm.
However, the jury acquitted Madigan of some counts and failed to reach a verdict on others. Most notably, jurors couldn’t agree whether to find Madigan guilty of a broad racketeering conspiracy in which he was accused of turning his political empire into a criminal enterprise.
The partial verdict came down at the end of a four-month trial that featured more than 60 witnesses. The jury deliberated for nearly 65 hours over 11 days.
Streicker argued in March that Madigan should be held responsible for $1.3 million paid by ComEd to five Madigan allies, as well as $1.8 million that ComEd paid to a firm led by a sixth.
Jurors agreed that ComEd paid the money to Madigan’s allies in an illegal bid to influence Madigan as crucial legislation moved through Springfield, where the Southwest Side Democrat had enormous influence.
Streicker wrote last month that Madigan should forfeit the money “because he controlled and benefited from the bribes,” even though the money was paid not to him but to his associates.
The prosecutor also argued at the time that, if it turned out money wasn’t available to satisfy the court’s judgment, the feds should be allowed to “identify or locate property subject to forfeiture, including substitute assets, and to seize property ordered forfeited.”
