‘ComEd Four’ Bribery Trial Set to Wrap Up as Closings Begin

Prosecutors are set to begin their closing argument April 24 in the trial of four people accused of bribing one of the most powerful politicians in Illinois in an effort to advance legislation critical to Commonwealth Edison’s economic success.

The bribes were allegedly paid to former speaker of the Illinois House of Representatives Michael Madigan (D) indirectly, via lucrative ComEd jobs given to his friends and associates.

The jury has heard from a state lawmaker and former Exelon general counsel about Madigan’s influence, among others, whereas the defense has tried to argue that they lacked any corrupt intent and that their activities were merely ordinary lobbying.

ComEd entered into a related deferred prosecution agreement in July 2020, after admitting to the scheme and agreeing to pay $200 million to avoid criminal charges. As part of the agreement, ComEd admitted to a statement of facts outlining the alleged scheme.

The indictment of Anne Pramaggiore, John Hooker, Michael McClain, and Jay Doherty came just a few months later in November 2020.

It is one of a series of cases brought by Northern District of Illinois prosecutors that reach corruption in the highest levels of the state’s government in recent years.

ComEd, a subsidiary of Exelon Corp., is the state’s largest utility company, employing thousands of people across Illinois.

The Defendants

Pramaggiore served as ComEd’s CEO from 2012 until 2018, when she was promoted to senior vice president and CEO of utilities at Exelon. Hooker was an outside lobbyist for the company after retiring from his position as its executive vice president of legislative and external affairs in 2012.

Doherty’s consulting company, Jay D. Doherty & Associates, allegedly acted as an intermediary to help conceal prohibited payments to Madigan’s friends and associates. McClain, a former Illinois representative himself, was an old friend of Madigan’s with a great deal access to the long-time politician, according to trial testimony.

Madigan, a part of Chicago’s political infrastructure since the 1980s, served as the state’s Speaker longer than any counterpart in any state in US history, and for a time chaired the state Democratic Party. He was indicted separately with McClain on racketeering charges in March 2022, with a trial set for April 2024.

Prosecutors say that the former ComEd executives and lobbyists knew that he controlled the state’s legislative agenda and that they believed they wouldn’t be able to get the legislation they wanted passed without his support.

The defendants each face one count of conspiracy.

In addition, Pramaggiore and McClain face four bribery charges each, and Doherty and Hooker each face one. All four are charged with four counts of Foreign Corrupt Practices Act recordkeeping violations.

Following weeks of working to undermine the prosecution’s case-in-chief, which included numerous recordings made by a cooperator, Fidel Marquez, Pramaggiore and Hooker took the stand.

Marquez, who worked as ComEd’s senior vice president of government, pleaded guilty to the conspiracy in September 2020.

The two outside lobbyists, McClain and Doherty, declined, exercising their Fifth Amendment rights not to testify. The defense rested on April 19, and the jury adjourned until Monday.

McClain is represented by Greensfelder, Hemker & Gale PC. Pramaggiore is represented by Sidley Austin LLP. Hooker is represented by Monico & Spevack. Doherty is represented by Gabrielle Rose Sansonetti.

The case is United States v. McClain, N.D. Ill., No. 1:20-cr-00812, docket 4/24/23.