Friday, July 17, 2020

But was there sufficient insulation?

The news story is that Commonwealth Edison has agreed to pay $200,000,000 in exchange for a three-year deferred prosecution agreement, avoiding a public trial on charges that ComEd "corruptly gave, offered, and agreed to give things of value, namely, jobs, vendor subcontracts, and monetary payments associated with those jobs and subcontracts, for the benefit of Public Official A and Public Official A's associates, with intent to influence and reward Public Official A."

Though it is sometimes difficult for the uninitiated to figure out who the G is talking about when it gives people in pleadings single letter names like A, B, or C, it is easy to brush aside the disguise for one of the persons named in the papers today: "Public Official A is the Speaker of the Illinois House of Representatives and the longest serving member of the House of Representatives. ComEd understood that, as Speaker of the House of Representatives, Public Official A was able to exercise control over what measures were called for a vote in the House of Representatives and had substantial influence and control over fellow lawmakers concerning legislation, including legislation that affected ComEd."

As a result of today's filing, a whole bunch of folks are going to have sleepless nights (and many probably have been having them for some time, given the length of time it undoubtedly took to advance negotiations to the point where these filings could be made). But the facts stipulated by ComEd concern requests allegedly made in Public Official A's name, for friends and associates of Public Official A, but not necessarily by Public Official A:
From in or around 2011 through in or around 2019, in an effort to influence and reward Public Official A's efforts, as Speaker of the Illinois House of Representatives, to assist ComEd with respect to legislation concerning ComEd and its business, ComEd arranged for various associates of Public Official A, including Public Official A's political allies and individuals who performed political work for Public Official A, to obtain jobs, vendor subcontracts, and monetary payments associated with those jobs and subcontracts from ComEd, even in instances where certain political allies and workers performed little or no work that they were purportedly hired to perform for ComEd.
This language does not preclude the possibility that some people in Public Official A's orbit did not accurately relay Public Official A's wishes and requests. Some may have taken advantage of their association with the Speaker to corruptly obtain benefits for themselves and their friends without the Speaker's knowing. This is likely to be sorted out in future filings, plea agreements, and, possibly, trials.

What it will come to, in the end, is how well insulated Public Official A may have been from the acts referred to. When working with electricity, it is vital to be well insulated.

Meanwhile... the agreement provides that "ComEd agrees that no tax deduction may be sought in connection with the payment of any part of the tine, and ComEd may not seek to recover any portion of the fine through surcharges, fees or any other charges to customers. ComEd shall not seek or accept directly or indirectly reimbursement or indemnification from any source other than Exelon with regard to the fine amount or any other amount it pays pursuant to any other agreement entered into with an enforcement authority or regulator concerning the facts set forth in the Statement of Facts." But how will the Government really prevent ComEd from recovering the $200,000,000 fine from the pockets of its customers? Just asking....

1 comment:

Eddie said...

Mike Madigan and ComEd will never be punished. Mike will be re-elected again. ☹️