Sean Shecter, Steven Lee Speak with Law360 on Guilty Verdicts in ComEd Matter, Implications for Trial of Ex-Illinois House Speaker

Ft. Lauderdale, Fla./Atlanta, Ga. (May 4, 2023) - Government Investigations & White Collar Defense Practice Co-Chairs Sean P. Shecter and Steven H. Lee recently spoke with Law360 for an article that discusses the guilty verdicts a jury recently delivered against Commonwealth Edison's (ComEd) former CEO and three of its former lobbyists after concluding that they bribed ex-Illinois House Speaker Michael Madigan. The article also addresses the potential impact that the verdicts may have on Madigan’s racketeering trial next year.

As the article, titled “Madigan Trial Looms Large After ComEd Bribery Verdicts,” describes, a Chicago federal jury has convicted ComEd’s former CEO and three lobbyists on every count of bribery conspiracy, bribery, and willfully falsifying ComEd books and records. The jurors returned their verdict following a seven-week trial and almost five days of deliberation.

Mr. Lee told Law360 that the more than 100 secret recordings presented at trial, which included the defendants’ own words, likely greatly influenced the jury’s decision. He noted that the “pretty damning” wiretaps were hard to overcome because “it puts the jury right where it happened.”

Mr. Lee further explained that the ComEd matter had major distinctions from a 2016 U.S. Supreme Court case involving the corruption conviction of former Virginia Gov. Bob McDonnell, which "raised the bar for the government to prove a bribery case." According to Mr. Lee, the co-conspirator testimony, secret recordings, as well as internal documents and communications “clearly showed that government power was used here.”

Likewise, Mr. Shecter discussed the impact that the defendants’ testimony had on the outcome of the trial, noting that defense attorneys need to remember that jurors use their logic and common sense, and that defendants must offer a very compelling reason for a jury to discount the government’s position.

He told Law360, "I think you ran into an issue where they go, 'Wait a minute, how are we supposed to weigh that she doesn't remember very important conversations when she's a CEO?'" Mr. Shecter added, "When a defendant takes the stand, they're assessing everything about that person. If something doesn't seem like common sense, they're going to pounce on it. The average juror is much smarter than they're given credit for." In addition, Mr. Shecter explained that the defendants in the ComEd matter may strike a deal to testify against Madigan at his trial in exchange for a more lenient sentence. "There's still a bigger target left to go to trial . . . . There's still an opening for these people,” Mr. Shecter noted.

Mr. Shecter is a partner in Lewis Brisbois' Fort Lauderdale office. Mr. Lee is a partner in the firm's Atlanta and Savannah offices. As former federal prosecutors with extensive experience first-chairing trials, they focus on government and internal corporate investigations and complex litigation matters. They are frequently called on to provide commentary on breaking legal events and spoke with Law360 previously for an article on the ComEd trial.

Read the full Law360 article here (subscription may be required).