The
legal dominoes are falling. Now that former
Department of Streets and Sanitation deputy
commissioner Dan Katalinic has pleaded guilty to
one count of mail fraud in the burgeoning federal
probe of the city Hired Truck program, it's
increasingly likely that Victor Reyes and Al
Sanchez will be indicted.
And
if Reyes, the former director of the city Mayor's
Office of Intergovernmental Affairs, and Sanchez,
the former commissioner of the Department of
Streets and Sanitation, are convicted, it becomes
much more likely that Mayor Rich Daley will be
indicted.
In
analyzing Daley's vulnerability to an indictment,
and possible culpability in wrongdoing, the
following criteria are critical:
*
Nature of the crime. When the U.S. Attorney's
Office pursues what it deems to be "public
corruption," it's mix-and-match time. The
relevant federal felony offenses include
conspiracy, racketeering, obstruction of justice,
tax evasion, mail fraud and wire fraud.
Conspiracy
means colluding with another public official to
commit an unlawful or criminal act. Racketeering
is an organized conspiracy to commit the crimes of
extortion or coercion. Extortion is the wrongful
use of force or fear for personal or political
gain. Coercion relates to compelling another
person or entity to do or not do an act which they
have a legal right to refrain from doing.
Obstruction of justice means impeding those who
are investigating wrongdoing, concealing or
destroying relevant documents, or in any way
"preventing" the administration of
justice. Tax evasion means taking bribes and not
reporting them as income. Mail fraud means using
the U.S. mail as a conduit to transmit bribes,
illegal campaign contributions or other documents.
Wire fraud is conspiring on the telephone.
When
an indictment comes down, it usually is of the
cookie-cutter variety: Somebody's charged with
"conspiring" to engage in
"racketeering," using the medium of
"mail fraud" or "wire fraud,"
thereby committing "tax evasion." The
feds' philosophy is to pile on: to indict on
dozens of counts. And the accused, faced with this
vast array of offenses carrying considerable jail
time, usually pleads guilty to a couple of minor
counts and, as part of the plea bargain,
"cooperates" with the feds to finger
somebody else.
*
Time frame. Statutes of limitation range from 5 to
10 years on official corruption and tax evasion
offenses. So the feds have to indict within that
period.
*
Strategy and burden of proof. Prosecutors must
prove their case beyond a reasonable doubt. The
hard way is to assemble a vast array of
documentary or circumstantial evidence. If the
defendant won't plead, the feds have no guarantee
of success. The easy way is to get a lower-echelon
official, in exchange for a lenient sentence, to
testify against a higher-echelon official.
To
assess Daley's predicament, one must examine the
feds' tactics in three key cases -- those of
former city clerk Walter Kozubowski, former city
treasurer Miriam Santos and former governor George
Ryan.
*First
elected city clerk in 1979, Kozubowski embarked on
a scheme that paid $476,000 over 12 years to six
ghost payrollers who did little or no work in the
office. In 1992 he was indicted on 21 counts,
including racketeering, extortion, mail fraud,
bank fraud and income tax evasion. Kozubowski
allegedly paid himself from his campaign account
and underestimated that amount on his federal tax
returns; he also allegedly filed six false bank
loan applications.
A
federal grand jury, as part of the "Haunted
Hall" probe, began investigating Kozubowski
in January of 1989. In April of 1993 he pleaded
guilty to one count each of mail fraud, bank fraud
and filing a false tax return. He resigned his
office and forfeited all city contributions to his
pension.
*A
onetime Daley protege, Santos was an assistant
state's attorney when Daley held that office. When
Daley was elected mayor in 1989, city Treasurer
Cecil Partee was named his replacement as state's
attorney and Daley picked Santos as the new
treasurer.
But
Santos became renowned as the "Irritating
Ingrate." She soon began publicly feuding
with City Hall. She ran for state attorney general
in 1998, and during that campaign she allegedly
told various banks in which she had deposited city
funds to contribute to her. In 1999 she was
indicted on five counts of attempted extortion,
five counts of mail fraud and two counts of wire
fraud. Her lawyer demanded an immediate trial, and
the federal judge gave him one. Santos was
convicted on six counts, and she spent 112 days in
jail before an appeal overturned her conviction,
based on the refusal to grant additional time to
retain the attorney of her choice. But she was
never re-tried; she pleaded guilty to one count of
felony mail fraud.
*Elected
governor in 1998 after serving 8 years as Illinois
secretary of state, Ryan was indicted in December
of 2003on 18 counts of official corruption,
including one count each of racketeering
conspiracy and tax fraud, three counts of perjury,
nine counts of mail fraud and four counts of
filing false income tax returns. The racketeering
conspiracy charge implies that Ryan colluded with
others, who thereupon committed the crimes of
extortion or coercion.
"The
state of Illinois was for sale" under Ryan,
said U.S. Attorney Patrick Fitzgerald at the time,
who added that the taxpayers were "taken
advantage of by Ryan and his greedy friends."
The feds' "Operation Safe Road"
investigation began in the early 1990s and focused
then on bribes being paid to get driver's
licenses. Ryan is the 66th person indicted in the
probe; 59 have been convicted, among them his top
aide (Scott Fawell), Ron Swanson, a close friend,
and his inspector general (Dean Bauer).
As
part of his plea agreement, Fawell is testifying
against Ryan. Others have testified about Ryan's
pampered lifestyle, free trips and wads of cash.
One of Illinois' best lawyers is providing Ryan
free defense counsel. But this much is clear: The
Secretary of State's Office has long been a
fertile source of campaign cash, as employees were
expected to donate to their boss. Fawell was
convicted of using state employees for political
purposes. Ryan's co-defendant at trial, Larry
Warner, is accused of shaking down state vendors
for lobbying business, and then sharing the income
with Ryan. The prosecution must prove beyond a
reasonable doubt that Ryan knew about and condoned
these acts and that he personally took cash. The
chances of beating all of 18 counts are virtually
nonexistent.
And
how does this relate to the feds' probe Hired
Truck? To date, 37 people have been indicted, and
24 have pleaded guilty. Angelo Torres, who ran the
Hired Truck program for 4 years, admitted taking
$56,000 in bribes. He allegedly was allied with
the Hispanic Democratic Organization. A total of
13 people -- from either trucking companies or the
city -- have been charged with either bribery or
perjury. Some of the bribe money went to city
officials, and some went as campaign
contributions. The question is, did Daley,
renowned as a hands-on manager, not know about
this?
Don
Tomczak, for 14 years the deputy commissioner in
the city water department, controlled the
allocation of hired trucks in his realm. Tomczak
admitted receiving more than $400,000 in bribes
from the companies, and he is testifying as part
of his plea agreement. Tomczak also organized an
army of water department employees who did
political work; those who worked precincts and
turned in the best performance got promotions and
raises. The feds called the water department a
"racketeering enterprise." Daley has
been mayor since 1989. Did he not know about this?
Katalinic
was the deputy commissioner of the Department of
Streets and Sanitation. He said in his plea
agreement that Daley's patronage chief, Bob Sorich,
suggested in 1999 that he replicate Tomczak's feat
and create an organization of 200 white department
employees who would work precincts where Sorich
directed. He would report back to Sorich, and
those workers who performed best would get
promotions or raises. Katalinic pleaded guilty to
one count of mail fraud, and he will testify
against Sorich, who has been charged with rigging
the city's hiring system in violation of a federal
court order. Sorich's predecessors as director of
the intergovernmental affairs office were John
Doerr and Victor Reyes. Katalinic's boss at
streets and sanitation was Al Sanchez.
Both
Sanchez and Reyes have departed from City Hall,
but expect Katalinic to testify that they did what
he did, namely, create an army of Hispanic city
workers who would work precincts for
Daley-supported candidates in Hispanic areas.
Those who performed best would be promoted or
given raises. Did Daley not discuss political
strategy with Sorich and Reyes? Did the mayor not
know that an army of city workers was at his
political disposal?
My
prediction: Remember the words "racketeering
conspiracy." They may soon be used
interchangeably with "Mayor Daley."