(The Center Square) – Prosecutors used a series of wiretaps and called on a ComEd official Monday as they began building their case that four former ComEd executives and lobbyists engaged in a multi-year scheme to corruptly influence longtime former Illinois House Speaker Michael Madigan.
Prosecutors allege Madigan’s support in the Illinois Legislature was critical to ComEd’s bottom line and that the state’s largest electric utility gave out jobs, contracts and payments to win over one of the state’s most powerful politicians.
Michael McClain, a former lobbyist and state lawmaker, made it clear in a wiretapped phone call that no one should mention former Illinois House Speaker Michael Madigan by his name or title.
“If you say ‘our friend’ no one knows who you are talking about,” McClain told a woman in one call.
McClain, one of Madigan’s closest associates, also told the woman about someone at ComEd who referred to Madigan as “the speaker” during a conversation at a coffee shop. McClain said that conversation was overheard by Madigan’s daughter, Tiffany Madigan. McClain said that person no longer had a job at ComEd. The woman on the phone made it clear she understood.
In another recorded call in July 2018, McClain called Michael Madigan a “street fighter,” but advised the speaker to let his agents deliver “body blows” to his enemies. That included John Cullerton, former president of the Illinois Senate who had angered Madigan with a critical political ad.
McClain has pleaded “not guilty” to conspiracy, bribery, and willfully falsifying ComEd books and records along with former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former ComEd consultant Jay Doherty.
Prosecutors played a series of wiretapped phone recordings with FBI agent Brian McDonald on the witness stand. Many of the calls were conversations between Madigan and McClain. Madigan didn’t have a cellphone. Prosecutors used several short calls, including one in which Madigan talked to his wife Shirley about ordering soup, to demonstrate that Madigan used McClain’s phone – not only to order soup, but also for official state business.
Prosecutors also called Scott Vogt, ComEd’s vice president for strategy and energy policy, to talk about how the Energy Infrastructure Modernization Act, which state lawmakers passed in 2011, benefited the investor-owned utility that serves northern Illinois. Vogt said that after an eight-year electrical rate freeze, ComEd was preparing to file for bankruptcy in 2006 if the freeze was extended. In the following years, Vogt described ComEd’s financial circumstances as “dire” in the lead up to passage of the Energy Infrastructure Modernization Act, which changed how electrical rates were set for ComEd’s nearly 4 million Illinois customers.
Vogt said ComEd officials viewed Madigan’s support as “critically important” and that McClain’s connections to Madigan made him one of the company’s most important contract lobbyists.
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.”