ComEd Four Case Will Go to Sentencing Despite FCPA Uncertainty

Four ex-Commonwealth Edison insiders will be sentenced on convictions under the Foreign Corrupt Practices Act, a federal judge in Chicago said Thursday, rejecting a defense request to delay on grounds that the Justice Department is still reviewing the matter.

And, prosecutors revealed, after sentencing they intend to dismiss the bribery counts that have been overhanging the case since Judge Manish Shah threw out defendants’ bribery convictions earlier this month.

The so-called “ComEd Four” were found guilty in 2023 of bribery and FCPA violations related to a long-running scheme to bribe former Illinois House Speaker Michael Madigan (D).

But since then the case has been in a state of flux, first because of a US Supreme Court decision finding that a federal bribery statute doesn’t criminalize gratuities and then because of an executive order from President Donald Trump directing the attorney general to review investigations and enforcement actions related to the FCPA.

Defense attorneys have also said they intend to ask for reconsideration based on the Supreme Court’s recent decision in the case of ex-Chicago politician Patrick Daley Thompson.

But Shah on Thursday was adamant that it was time to move the matter forward, instructing attorneys to find sentencing dates for July. If the DOJ changes its stance on the case, Shah said, “that’s on them.”

“It doesn’t change my authority over the case,” he said. “It’s a charged case, it’s in court, and I’m moving it along.”

Attorney Patrick Cotter, who represents former ComEd lobbyist Michael McClain, said that puts defendants in a “radically different position,” noting they might be sentenced on charges that the DOJ ultimately concludes should have been dismissed.

“It seems to me, to be quite frank, reckless to proceed with sentencing when you know this review is happening,” Cotter said.

Shah said he would reconsider if and when there are any developments.

“My view is that it’s more important to proceed to conclusion than to wait on uncertain and, frankly, amorphous deliberations happening outside of my purview,” he said.

Shah threw out the ComEd defendants’ bribery convictions earlier this month based on the Supreme Court’s decision in Snyder v. United States.

Prosecutors revealed in court Thursday that they intend to drop those charges after sentencing rather than take the defendants to trial again.

Former utility CEO Anne Pramaggiore, ex-lobbyists McClain and John Hooker, and ex-consultant Jay Doherty were convicted of a long-running scheme to bribe Madigan, who for decades was the most powerful politician in the state.

ComEd itself entered into a deferred prosecution agreement in 2020, agreeing to pay $200 million to avoid criminal charges.

Madigan, along with McClain, went to trial last year in a separate public corruption case, which ended in February with a split verdict. Jurors deadlocked on all counts involving McClain, but convicted Madigan on charges including conspiracy related to the ComEd scheme while acquitting and deadlocking on others. Madigan’s sentencing is scheduled for June.

The case is United States v. McClain, N.D. Ill., No. 1:20-cr-00812, hearing 3/27/25.