- Judge excoriates defendant as fueling corruption
- Sentence exceeds advisory sentencing guidelines
Calling for an “honest government,” a federal judge on Wednesday sentenced an Illinois gaming executive to five-and-a-half years in prison, exceeding the sentencing guidelines, for bribing two state politicians and then lying about it to the FBI.
“Public corruption is an embarrassment to the great city of Chicago,” US Judge Steven C. Seeger said, his voice rising as he sentenced James Weiss. “The public is tired of public corruption,” he said. “That message has to get out. That message has to be delivered.” Seeger said.
Seeger said he was “deeply troubled” by Weiss’s behavior, which the judge described as a greed-fueled, orchestrated effort to corrupt both chambers of the Illinois General Assembly into enacting legislation that would help Weiss make money. “You tried to corrupt the state of Illinois and its legal system so you could profit,” the judge said. “You were the financier of a three-ring corruption circus.”
Weiss was convicted June 15 of honest-services fraud, bribery, and making false statements to law enforcement agents. The government alleged Weiss illegally paid former state Rep. Luis Arroyo and former state Sen. Terry Link, both Democrats, up to $2,500 a month in exchange for promoting legislation either to keep sweepstakes gaming machines unregulated or clarify that the machines are legal. Weiss argued, unsuccessfully, that the payments were legal consulting fees.
Seeger also fined Weiss $62,500, the amount the government alleged Weiss paid in bribes to the two lawmakers.
Seriousness of the Conduct
Assistant US Attorneys Christine O’Neill and Sean Franzblau requested Seeger impose the high end of the sentencing guidelines, which is 63 months’ imprisonment. “The nature, circumstances, and seriousness of the offense favor a sentence at the high end of the Guidelines range,” the prosecutors argued in an Oct. 4 filing. But on Wednesday Seeger exceeded the guidelines by sentencing Weiss to 66 months. The guidelines are advisory, and Seeger reminded Weiss that by statute he could have sent Weiss to prison for 20 years.
“Below guidance sentencing could be misconstrued to downplay the seriousness of the conduct,” Seeger said.
Weiss attorney Ilia Usharovich asked Seeger to sentence his client to 35 months’ imprisonment and a $5,000 fine. “Such a sentence would be sufficient, but not greater than necessary, to satisfy the principles set forth in the Sentencing Guidelines,” Usharovich wrote in a Sept. 27 filing.
Seeger rejected that reasoning, and also imposed on Weiss three years of community supervision after his release from prison. The judge said Weiss showed little remorse or acknowledgment of his wrongdoing. However, given the the challenge the sentence will be on his two children, Seeger set a surrender date of Jan. 5 so Weiss could spend the holidays with his family.
The case is USA v. Weiss, USA v. Arroyo, N.D. Ill., No. 19-cr-00805, sentencing 10/11/23.
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