Jurors see defendants talking about no-work jobs in utility bribery case

[March 29, 2023]  By Brett Rowland | The Center Square

(The Center Square) – Prosecutors played secretly recorded audio and videotapes for the jury Tuesday as they seek to show that former utility executives and lobbyists gave out no-work contracts to influence one of Illinois' most powerful politicians.

Prosecutors continued to question Fidel Marquez, who served as Commonwealth Edison's senior vice president of governmental and external affairs from 2012 to 2019, for a second day. Marquez agreed to cooperate with prosecutors in 2019 after Federal Bureau of Investigation agents showed up at his mother's house. He said Tuesday that he became concerned when the agents played him wiretapped conversations. Marquez pleaded guilty to bribery charges in September 2020. As part of an agreement with prosecutors, Marquez said he agreed to testify truthfully at the trial in exchange for a recommendation from prosecutors that he would not serve time in prison.

The four defendants in the case are accused of a multi-year scheme to gain former Illinois House Speaker Michael Madigan’s backing for legislation that would benefit the utility's bottom line. Prosecutors allege former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker, former ComEd consultant Jay Doherty and former lobbyist and state lawmaker Michael McClain gave out $1.3 million in jobs, contracts and payments to Madigan associates in exchange for Madigan's support with legislation that affected ComEd in Springfield. All four have pleaded "not guilty" to conspiracy, bribery, and willfully falsifying ComEd books and records.

In one conversation that Marquez recorded, Doherty explained that the three subcontractors he paid out of his external lobbying contract with ComEd didn't do any work for the Fortune 100 company. He testified Monday that the three subcontractors – former Chicago alderman Frank Olivo, longtime Madigan campaign operative Ray Nice and former state Rep. Michael Zalewski – were hired to gain favor with Madigan.

"And, they keep their mouth shut, and you know, so. But, do they do anything for me on a day-to-day basis? No," Doherty told Marquez in the video recorded on Feb. 13, 2019, after Marquez began cooperating with federal investigators.

The Everett McKinley Dirksen United States Courthouse in Chicago on Tuesday, March 28, 2023.
By Brett Rowland | The Center Square

Marquez said he was seeking advice from Doherty on how to explain Doherty's $400,000-a-year lobbying contract to ComEd's new CEO, Joe Dominguez, a former federal prosecutor in Pennsylvania. Doherty tells Marquez not to make changes.

"Yeah, yeah, and that may be tough for a guy from out of this town to swallow or whatever, but man, I don’t think I’d change it. I, I know I wouldn’t change it," Doherty said.

In a similar conversation with Pramaggiore, she told Marquez to delay any decisions on the Doherty contract until after the legislative session in Springfield. Pramaggiore was Dominguez's predecessor in the CEO position.

"I wouldn't do it in the middle of a session if you're trying to get something done," Pramaggiore said.

At the time, ComEd had a bill that it wanted to advance, Marquez said on the stand.

Marquez had similar conversations with Hooker and McClain.

Marquez is expected to continue on the stand for the rest of day. Defense attorneys have not yet had a chance to cross-examine Marquez.

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.

Madigan served in the Illinois House from 1971 to 2021. He served as speaker of the Illinois House from 1983 to 1995 and again from 1997 to 2021. He wielded additional power as chairman of the Democratic Party of Illinois. Madigan, who resigned after losing the House speakership in January 2021, has been charged with 23 counts of racketeering, bribery and official misconduct in a separate case that could go to trial in April 2024. He has pleaded "not guilty."

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.