Prosecution's star witness takes stand in ComEd bribery case

[March 28, 2023]  By Brett Rowland | The Center Square

(The Center Square) – A former high-ranking Commonwealth Edison executive told jurors in a federal bribery trial Monday that he was part of a conspiracy along with others to bribe former Illinois House Speaker Michael Madigan.

Fidel Marquez, 61, who served as the electrical utility's senior vice president of governmental and external affairs from 2012 to 2019, said he pleaded guilty to bribery charges in September 2020. As part of an agreement with prosecutors to support his bid to avoid prison time at sentencing, Marquez said he agreed to testify truthfully at the trial. Marquez said he agreed to cooperate with the government in 2019 after agents from the Federal Bureau of Investigation visited his mother's home and played him a series of wiretapped conversations.

Marquez said he agreed to secretly record his conversations with the defendants to avoid serving time in prison.

Former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker, former ComEd consultant Jay Doherty and former lobbyist and state lawmaker Michael McClain have all pleaded "not guilty" to conspiracy, bribery, and willfully falsifying ComEd books and records.

Marquez told jurors that as speaker of the Illinois House, Madigan "wielded immense power." He said that Madigan could stall and kill legislation or persuade lawmakers to support it. He said while Madigan's support was not an iron-clad agreement, the former speaker's endorsement "was important." He said if Madigan didn't support a bill, it would be difficult to pass.

Questioned by Assistant U.S. Attorney Amarjeet Bhachu, Marquez said he did not believe key legislation that benefited the utility – including the Energy Infrastructure Modernization Act and the Future Energy Jobs Act – would have passed without Madigan's support.

The Everett McKinley Dirksen United States Courthouse in Chicago on Monday, March 27, 2023.
By Brett Rowland | The Center Square

Marquez said Madigan did not have a favorable opinion of ComEd in the early 2000s after a proposed merger during which time Madigan had learned the company had provided information that wasn't accurate. As a result, ComEd undertook an effort to improve relations with Madigan and earn his trust.

Bhachu also asked Marquez why lawmakers included a sunset provision in key legislation affecting the utility. Marquez said when the company first proposed changing the formula rate structure, it made sense to have a sunset clause that would protect consumers if the legislation turned out to be too costly for ComEd customers. However, after rates declined, he said such a clause was no longer needed, but kept in place anyway so company officials would have to return to lawmakers with their hands out.

"This kept the company going back to the legislature with an ask," Marquez said.

Marquez is expected to return to the witness stand after a lunch break on Monday.

ComEd, the state's largest electric utility, agreed to pay $200 million in July 2020 to resolve a criminal investigation into the years-long bribery scheme. As part of a deferred prosecution agreement, ComEd admitted it arranged jobs, vendor subcontracts and payments in a bid to influence Madigan.

Brett Rowland is an award-winning journalist who has worked as an editor and reporter in newsrooms in Illinois and Wisconsin. He is an investigative reporter for The Center Square.