Federal Defense Attorney John Teakell

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Blagojevich Impeached; Federal Fraud Charges Impending

Former Illinois Governor, Rod Blagojevich, was recently removed from office and barred from serving in a public office in the state ever again. However, the probable federal indictments against him and his Chief of Staff, John Harris, for allegedly attempting to sell Barack Obama’s Senate seat still threaten additional headlines in the coming weeks.

Federal investigators have been gathering evidence against the impeached Governor since 2002, but a formal indictment has yet to be filed. Blagojevich is accused of selling Obama’s Senate seat, as well as committing mail fraud and theft or bribery in relation to programs receiving federal funds.

The FBI’s complaint against Blagojevich and John Harris alleges the investigated parties violated US codes that prohibit a State agent, such as a Governor, from accepting or giving anything of more that $5,000 in value to influence a business or government transaction.

Under the first count against Blagojevich and Harris, the FBI alleges the defendants conspired with each other and others to defraud the people and State of Illinois through the used of mail and wire communications. Evidence against the parties has been gathered since 2002 through wire-tapped conversations between the two men and third parties involved in the questionable transactions.

The second count alleges that the two solicited the firing of Chicago Tribune employees responsible for critical editorials of Blagojevich. The former governor is accused of threatening to withhold state funds to the organization if it did not accommodate his demands in the matter.

Blagojevich was arrested on December 9, 2008, and a criminal complaint was filed by the U.S. Attorney at that time. Illinois Attorney General, Lisa Madigan, submitted a request to the state’s Supreme Court to remove Blagojevich from office, but was denied. At the same time, the Illinois House launched the governor’s impeachment proceedings.

In the announcement of the arrests by the U.S. Attorney General’s office, some details of the wire-tapped conversations were outlined. Among the specific actions noted, the two defendants are accused of exchanging “official actions” in exchange for campaign contributions to Friends of Blagojevich, personal financial gains to Blagojevich and his family, and designating federal and state funds for those who complied with the governor’s many self-serving requests.

The alleged conspiracy to sell Obama’s Senate seat resulted in charges after conversations were recorded alluding to appointing candidates in exchange for highly-paid positions for Blagojevich and his wife. These discussed positions would be held with either local non-profit organizations, labor unions or local corporate boards. Other conversations alluded to receiving campaign funds or up-front cash to Blagojevich, as well as cabinet posts and ambassadorships.

All of the charges against Blagojevich fall under federal jurisdiction due to the use of and dispersing of federal funds, as well as conducting the exchanges over the phone and through mail correspondence.

If Blagojevich is indicted, which is expected to happen in the next few months, he will undergo a federal court trial to determine his guilt or innocence on both counts in the criminal complaint. The conspiracy to commit mail and wire fraud charge carries a maximum penalty of 20 years in prison, and solicitation of bribery carries a maximum of 10 years. Each count may also result in a maximum fine of up to $250,000.

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