Breaking down the charges in the Michael Madigan indictment

Officially it’s known as Case No. 22-cr-115, the United States v. Michael Madigan and Michael McClain.

Unofficially, it’s one of the biggest public corruption cases ever brought in Illinois, even in a state with a well-chronicled track record for blockbuster political trials.

Madigan, 82, the former speaker of the Illinois House and head of the state Democratic Party, and his longtime confidant, ex-lobbyist Michael McClain, 77, are charged in a 117-page, 23-count superseding indictment filed in October 2022 with racketeering conspiracy and a host of other crimes.

By now, many of the allegations are well known. But how exactly do the counts break down?

Here is a rundown:

Count 1: Racketeering conspiracy (Madigan, McClain). This overarching charge alleges Madigan’s political operation was an enterprise and that both Madigan and McClain conspired to commit a number of overt criminal acts, such as bribery or wire fraud, in furtherance of the goals of the enterprise. To convict on this count, the jury must find beyond a reasonable doubt that at least two of those “predicate” acts were committed.

Count 2: Conspiracy (Madigan). This count alleges a multipronged bribery conspiracy to help ComEd pass important legislation in exchange for hiring at least five Madigan associates as do-nothing consultants, paying a total of $1.3 million over nearly eight years of the conspiracy. It mirrors the allegations in the “ComEd Four” trial last year, which ended in across-the-board convictions of McClain, former ComEd CEO Anne Pramaggiore, lobbyist John Hooker and consultant Jay Doherty.

Count 3: Bribery (Madigan). This count relates to an alleged scheme to have Juan Ochoa, a political nemesis of Madigan’s, appointed to ComEd’s board of directors in order to appease former U.S. Rep. Luis Gutiérrez and his Latino base.

Count 4: Bribery (Madigan). This count relates specifically to an alleged scheme to funnel payments from ComEd to former 23rd Ward Ald. Michael Zalewski.

Count 5: Travel Act (Madigan). This count relates to using interstate communication in an alleged scheme to funnel payments to Zalewski through Doherty’s consulting firm.

Count 6: Bribery (Madigan). This count accuses Madigan in a scheme to funnel payments from ComEd to former 13th Ward Ald. Frank Olivo, precinct captain Ray Nice and Zalewski in 2019.

Count 7: Travel Act (Madigan). This count alleges the use of interstate communication on July 10, 2018, in furtherance of the ComEd scheme.

Counts 8, 9, 10: Wire fraud (Madigan). These counts all allege Madigan participated in a scheme to offer lucrative state positions to then-Ald. Daniel Solis, who was secretly cooperating with the FBI, and one of the alderman’s relatives.

Count 11: Bribery (Madigan). This count specifically alleges that Madigan took steps to find a state board position for Solis through the administration of incoming Gov. JB Pritzker.

Count 12: Travel Act (Madigan). This count alleges Madigan used interstate communications in the state board scheme — specifically, that on Aug. 15, 2018, Madigan allegedly talked to Solis talked about setting up a meeting with Harry Skydell, the developer of the Old Post Office, to try to win his tax business.

Count 13: Travel Act (Madigan). Another count in the alleged state board scheme, this one relates specifically to Aug. 31, 2018, when, at Madigan’s request, Solis advised Skydell that Madigan was interested in representing him on tax appeals, including for the Prudential building.

Count 14: Travel Act (Madigan). This count relates to a Dec. 1, 2018, recorded conversation where Madigan confirmed Solis was interested in a position on either the Illinois Commerce Commission or the Labor Relations Board, and Solis indicated that he would send a resume to Madigan the following week. At the direction of law enforcement, Solis’ assistant later emailed Solis’ and his daughter’s resumes to the 13th Ward office, which forwarded them to an assistant at Madigan & Getzendanner.

Count 15: Attempted Extortion (Madigan). The count relates to the alleged scheme by Madigan to get the developer of the Union West luxury apartment development in the West Loop to hire Madigan’s law firm in exchange for Solis’ help with zoning.

Count 16 Travel Act (Madigan). This count involves a June 23, 2017, call about the Union West developers in which Solis allegedly told Madigan, “And I think they understand how this works, you know, the quid pro quo, the quid pro quo.” Madigan allegedly answered, “OK.”

Count 17: Travel Act (Madigan). Another count involving the Union West scheme. This one stems from a July 12, 2017, phone call where Solis confirmed the upcoming meeting with the developers at Madigan’s law office, and that they understood that zoning approvals from Solis were conditioned upon giving business to Madigan.

Count 18: Travel Act (Madigan). This count involves the meeting with Madigan, Solis and the Union West developers on July 18, 2017. Before the sit-down, Madigan was captured on hidden video telling Solis not to use the phrase “quid pro quo.” “You shouldn’t be talking like that. …You’re just recommending our law firm because if they don’t get a good result on their real estate taxes, the whole project will be in trouble.”

Count 19, 20: Wire fraud (Madigan, McClain). These counts stem from an alleged scheme by Madigan and McClain to have a parcel of state-owned land in Chinatown transferred to the city for development. In exchange, Madigan allegedly expected the developers of a hotel project to hire his law firm.

Count 21: Bribery (Madigan, McClain). This count also relates to the alleged scheme to transfer the Chinatown parcel.

Count 22. Travel Act (Madigan, McClain). Another Chinatown count, this one stems from a Nov. 2, 2018, phone call where Madigan and McClain allegedly talked about who would sponsor the bill to transfer the property in the state legislature.

Count 23: Conspiracy (Madigan, McClain). This count alleges Madigan and McClain participated in a bribery scheme in which AT&T Illinois boss Paul La Schiazza agreed to pay $22,500 to retiring state Rep. Eddie Acevedo for a do-nothing consulting job in exchange for Madigan’s help passing a bill to end mandated landline service.

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