Illinois Speaker of the House Michael Madigan, D-Chicago, looks out over the floor the Illinois House at the Illinois State Capitol in Springfield Aug. 28, 2017.
CHICAGO — Federal prosecutors recently answered the question about whether Illinois House Speaker Michael Madigan, the nation’s longest serving statehouse speaker, is a subject of a criminal investigation into influence peddling to benefit an energy utility. He is.
The looming question now is whether the Chicago Democrat will actually be charged — and if the 78-year-old is charged, when and with what possible crimes.
Here’s a look at those and other questions:
How do we know Madigan is a target?
Multiple clues over the past 12 months raised the possibility that he was a federal investigative target, including charges against political allies. But a bombshell filing by the U.S. attorney’s office in Chicago last Friday erased all doubts.
The deferred prosecution agreement revealed that ComEd agreed to pay $200 million to resolve an investigation of a nearly decadelong bribery scheme in which the electric utility secured jobs and contracts for associates of a top-level official in return for favorable legislation action.
The document didn't name Madigan, but it may as well have. It referred to a “Public Official A” as the one ComEd sought to “influence and reward.” The official, the filing went on to say, was “the Speaker of the House of Representatives.” That could only be Madigan, who has been House speaker since 1983 — except for two years in the 1990s when Republicans controlled the House.
Does that suggest charges are imminent?
“It means prosecutors are coming for him,” said Phil Turner, a defense attorney and former prosecutor in the U.S. attorney’s office in Chicago. “They have laid siege to the castle and it’s only a question of time when they assault.”
There’s a history in Illinois of things ending up badly for those identified in court filings as Public Official A.
Rod Blagojevich was identified in criminal court filings as “Public Official A” long before the then-Illinois governor was charged in 2008 with lying to the FBI, attempted extortion, conspiracy to commit bribery and other counts. Blagojevich served half of a 14-year prison sentence before President Donald Trump commuted his sentence this year.
Do other cases shed light on possible charges?
In Illinois, a state that’s become synonymous with pay-to-play corruption, there’s no shortages of cases to look to for indications about charges Madigan could face.
Former state Sen. Martin Sandoval pleaded guilty just this year to bribery and tax charges for receiving $250,000 from a red-light camera company for blocking proposed legislation that might have hurt its business. The bribery charge carries a maximum 10-year prison term, while the tax count carries up to three years behind bars.
Taxes charges are common in bribery cases because those accepting bribes never declare money under the table as income.
But bribery doesn’t have to involve money. It can include providing jobs to a politician’s associates.
Federal prosecutors can and often do slap on wire fraud charges if someone ever uses a phone in carrying out a crime. Each time a suspect uses a phone to do something illegal is a potential wire fraud count. A single count carries a sentence of up to 20 years in prison.
How close could charges be?
That prosecutors took the unusual step of identifying Madigan as a chief suspect before any indictment suggests charges could come any day, said Turner.
As a lawyer himself, Madigan likely knows that.
Even though it was widely known prosecutors were investigating Blagojevich, it came as a surprise — including to Blagojevich — that agents arrested the Democratic governor at his home, waking him up at dawn and leading him away in handcuffs.
“The lesson that Madigan has to learn from Blagojevich is that he has to be prepared to be arrested,” said Turner.
Might Madigan be forced to resign?
It’s not at all clear that Madigan, who also heads the state Democratic Party, will succumb to pressure to step down, even if he is charged. Bending to pressure hasn’t been a characteristic of the famously intransigent speaker.
Cracks, though, are starting to show in his once-rock solid support across the Democratic establishment.
On Monday, Chicago Mayor Lori Lightfoot stopped just short of calling for Madigan to resign, telling reporters that, “If those allegations are true, obviously he should resign.” She added: “We don’t know that they are true yet.” Illinois Gov. J.B. Pritzker made similar statements.
What has Madigan said?
Madigan rarely speaks publicly. After the Friday ComEd filing, he released a statement through party spokeswoman Maura Possley, who said Madigan “has never made a legislative decision with improper motives and has engaged in no wrongdoing here.”
911 fee
The Statewide 911 Board is authorized to increase the fee paid by all telephone users for access to 911 emergency services to $1.10 per month, from $1. (HEA 1235)
Abortion
Women completing a pill-induced abortion away from a clinic or hospital are encouraged — but not required — to collect the embryonic remains and return them to the abortion provider for burial or cremation. (SEA 299)
Breast prostheses
Health insurance sold in Indiana that provides coverage for mastectomies must also provide coverage for custom fabricated breast prostheses, including one additional breast prosthesis per breast affected by the mastectomy. (SEA 239)
Cancer screening
Health insurance companies, in most circumstances, are obligated to cover colorectal cancer screening beginning at age 45, instead of 50, in accordance with a recent recommendation by the American Cancer Society. (HEA 1080)
Child sex crimes
The statute of limitations for filing charges against perpetrators of sex crimes against children can be extended five years beyond the victim's 31st birthday if prosecutors discover new DNA evidence, a recording of the crime or the perpetrator confesses. The deadline for victims to seek assistance from the Violent Crimes Victim Compensation Fund also is extended. (SEA 109)
Chinese tech
Every state agency and department, including universities, and every local unit of government in Indiana, is barred from spending public funds to purchase services or products, including 5G networking equipment, produced or provided by Huawei Technologies or ZTE Corporation, due to their alleged surveillance and espionage work on behalf of the Chinese government. (SEA 197)
Distracted driving
It’s illegal for drivers to hold or use a handheld mobile device while operating a moving vehicle, unless the device is mounted on a dashboard, another surface in their vehicle, or otherwise operated in hands-free mode. Motorists caught holding a phone in a moving vehicle can be fined up to $500 and possibly lose their driver’s license for repeated violations.
Gary schools
The Indiana Distressed Unit Appeals Board may suspend the $550,000 in monthly debt repayments of the Gary Community School Corp. to the state's Common School Fund and instead use the money for school building repairs or demolition. (HEA 1065)
Griffith
The town of Griffith has until June 30 to voluntarily join either North or St. John townships, otherwise Griffith automatically becomes part of North Township. The town's voter-approved transfer out of Calumet Township becomes final Jan. 1, 2022. (SEA 365)
Health pricing
Hospitals, same-day surgery centers and urgent care clinics are required by March 31, 2021 to post on their websites the costs of their most frequently used services. The Indiana Department of Insurance is directed to begin the process of creating an all-payer claims database to improve health care pricing transparency. (SEA 5)
Indigency
Judges in all 92 counties must consider the same criteria — assets, income and necessary expenses — to determine whether a criminal defendant lacks sufficient financial resources to hire a private attorney and is entitled to use the public defender. (SEA 302)
Insulin
A prescription no longer is required to purchase insulin in Indiana beginning Jan. 1, 2021. (SEA 255)
Lake Michigan
The shoreline of Lake Michigan up to the ordinary high-water mark is, and always has been, owned by the state, and Hoosiers have a right to use the shoreline for walking, fishing, boating, swimming and any other recreational purpose for which Lake Michigan ordinarily is used. Adjacent private property owners are not entitled to exclusive use of the beach or the water. (House Enrolled Act 1385)
Marriage
The minimum age to marry in Indiana is increased to 16 years old from 15. Children ages 16 and 17 only can marry if their partner is no more than four years older and a juvenile court judge grants permission for the marriage. (HEA 1006)
Medical billing
Most health care providers must prepare, upon request, a good faith estimate of the costs of nonemergency health care services ordered or scheduled for a patient to minimize surprise medical bills. The requirement takes effect July 1, 2021, though providers may voluntarily comply sooner. (HEA 1004)
Microchipping
Employers are prohibited from mandating the implantation of any identity or tracking device in a worker or job candidate, unless the person voluntarily consents to having something put into their body. (HEA 1143)
Online eye exam
Hoosiers between ages 18 and 55 may procure a prescription for eyeglasses or contact lenses through telemedicine, so long as they've undergone an in-person eye exam and/or contact lens fitting in the previous two years. Only two online eye exams are permitted in a two-year period before a subsequent in-person exam is required. (SEA 19)
Organ donation
Hoosiers may indicate intent to donate their organs upon death on a state-issued hunting, fishing or trapping license, in addition to a driver's license, state identification card or donor registry. (SEA 288)
Out-of-state prescriptions
Indiana pharmacists are obligated to fill a prescription issued by an advance practice registered nurse or physician assistant licensed in another state, just as they would fill a prescription written by an out-of-state physician, podiatrist, dentist or veterinarian. (SEA 21)
RDA transit
Three members are added to the board of the Northwest Indiana Regional Development Authority solely to vote on issues relating to transit development districts. The new members — one each from Lake, Porter and LaPorte counties — are appointed by the governor from a list of candidates nominated before July 1 by the commissioners in each county. (SEA 367)
Resource officers
School corporations and charter schools must annually report to the Indiana Department of Education the number of school resource officers they employ for building and student protection. The department also is required to compile a statewide total of school resource officers. (SEA 132)
School water
Officials responsible for a school building must have its water fountains and taps tested for lead by Jan. 1, 2023, unless it previously has been tested and found in compliance since 2016. In Lake County, the water equipment in every school building must also be tested for lead at least every other year starting in 2023. (HEA 1265)
Sex assault victims
Victims of sexual assault have a statutory right to a no-cost forensic medical exam, the right to speak with a victim advocate or social worker during a hospital visit for the exam, and a law enforcement officer investigating the assault must provide notice of those rights to the victim. (SEA 146)
Small claims
The maximum value of a case eligible for judgment in a small claims court is increased to $8,000 from $6,000. (HEA 1313)
Smoking age
Hoosiers under age 21 are prohibited from buying or possessing cigarettes, electronic cigarettes or vaping products under state law, as well as federal statutes. Indiana retailers who sell tobacco products to underage purchasers may face fines of between $400 and $2,000, double the previous fines. New tobacco retailers cannot be located within 1,000 feet of a school. (Senate Enrolled Act 1)
Teacher evaluations
A state mandate that annual teacher evaluations and linked pay increases be largely based on student ILEARN test results is eliminated. (HEA 1002)
Unemployment
Indiana businesses will continue paying the same unemployment insurance rates to the state through at least 2025, instead of the rates automatically being reduced sometime after July 1, 2021. (HEA 1111)
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