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Rod Blagojevich indictment.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA )
) No. 08 CR 888
v. ) Violations: Title 18, Sections
) 1001(a)(2), 1343, 1346, 1349, 1951(a),
ROD BLAGOJEVICH, ) and 1962(d)
CHRISTOPHER KELLY, )
ALONZO MONK, ) Judge James B. Zagel
WILLIAM F. CELLINI, SR., )
JOHN HARRIS, and ) Superseding Indictment
ROBERT BLAGOJEVICH )
COUNT ONE
The SPECIAL FEBRUARY 2008-2 GRAND JURY charges:
1. At times material to this Superseding Indictment:
Relevant Entities and Individuals
a. Defendant ROD BLAGOJEVICH was the Governor of the
State of Illinois. He was elected Governor in 2002 and was reelected Governor
in 2006. BLAGOJEVICH previously served as a Member of the United States
House of Representatives from the Fifth Congressional District in Illinois.
b. Friends of Blagojevich was established in or about June 2000
and was a private entity existing under the laws of Illinois as a campaign
committee for the purpose of supporting the election of ROD BLAGOJEVICH as
Governor of Illinois, and was the principal campaign fundraising vehicle for
ROD BLAGOJEVICH. Friends of Blagojevich maintained offices at 4147 North
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Ravenswood, Chicago, Illinois. Although various individuals, including, at
times, defendant CHRISTOPHER KELLY, Alonzo Monk, and Robert
Blagojevich, held the office of chairman of Friends of Blagojevich, at all times the
activities and financial affairs of Friends of Blagojevich were controlled and
directed by ROD BLAGOJEVICH, for whose benefit Friends of Blagojevich was
operated.
c. Defendant CHRISTOPHER KELLY was a Chicago-area
businessman and a principal campaign fundraiser for defendant ROD
BLAGOJEVICH. KELLY served as Chairman of Friends of Blagojevich from
in or about early 2004 until in or about August 2005. With the knowledge and
permission of ROD BLAGOJEVICH, KELLY at times exercised substantial
influence over certain activities of the Office of the Governor.
d. Antoin Rezko was a Chicago-area businessman and a principal
campaign fundraiser for defendant ROD BLAGOJEVICH. With the knowledge
and permission of ROD BLAGOJEVICH, Rezko at times exercised substantial
influence over certain activities of the Office of the Governor.
e. Alonzo Monk was a long-time associate of defendant ROD
BLAGOJEVICH, and among other things served as his general counsel while a
Member of Congress, as campaign manager for his 2002 and 2006 gubernatorial
campaigns, on his transition team after his election in November 2002, and as
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his Chief of Staff from in or about January 2003 until in or about December
2005. Beginning in or about early 2007, Monk worked as a lobbyist, doing
business as AM3 Consulting, Ltd. As a lobbyist, Monk principally represented
businesses with interests involving Illinois state government, including
businesses in the horse racing industry. In addition, Monk served as Chairman
of Friends of Blagojevich from in or about December 2006 to in or about July
2007.
f. Robert Blagojevich is the brother of defendant ROD
BLAGOJEVICH. Beginning in or about August 2008, Robert Blagojevich served
as the chairman of Friends of Blagojevich.
g. Beginning in or about late 2005, John Harris was employed
by the State of Illinois as the Chief of Staff to the Governor, defendant ROD
BLAGOJEVICH.
h. Stuart Levine was a member of the Illinois Health Facilities
Planning Board and the Board of Trustees of the Teachers' Retirement System.
i. The Illinois Health Facilities Planning Board ("Planning
Board") was a commission of the State of Illinois, established by statute, whose
members were appointed by the Governor of the State of Illinois. State law
required an entity seeking to build a hospital, medical office building, or other
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medical facility in Illinois to obtain a permit, known as a "Certificate of Need,"
from the Planning Board prior to beginning construction.
ii. The Teachers' Retirement System of the State of Illinois
("TRS") was a public pension plan created by Illinois law for the purpose of
providing pension, survivor, and disability benefits for teachers and
administrators employed in Illinois public schools except in the City of Chicago.
It served approximately 325,000 members and annuitants, and had assets in
excess of approximately $30 billion. TRS was funded by annual contributions
from teachers, their employers, and the State of Illinois, as well as investment
income. The activities of TRS were directed by a Board of Trustees. Certain of
the trustees, among them Stuart Levine, were appointed by the Governor, while
other trustees were elected by teachers and annuitants. Among its other
responsibilities, the Board of Trustees reviewed and voted to approve or reject
proposals by private investment management companies to manage funds on
behalf of TRS.
i. William F. Cellini, Sr., was a Springfield, Illinois, businessman
and had longstanding relationships and influence with TRS trustees, including
Stuart Levine, as well as TRS staff members. Cellini was associated with a real
estate asset management firm, Commonwealth Realty Advisors, that invested
hundreds of millions of dollars on behalf of TRS. Cellini also raised significant
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campaign funds for defendant ROD BLAGOJEVICH, in part through Cellini's
role as the executive director of the Illinois Asphalt Pavement Association, an
industry organization.
j. Capri Capital was a real estate asset management company
based in Chicago, Illinois, that invested funds on behalf of TRS. Thomas
Rosenberg was a principal and part owner of Capri Capital.
Duties and Powers of the Office of Governor
k. The Office of the Governor of the State of Illinois ("Governor's
Office") was entrusted with extensive duties including, among other things,
supporting, approving and vetoing legislation; appointing directors and key
administrators of state departments, agencies, and boards; issuing executive
orders; authorizing expenditures of certain grant funds; annually proposing a
budget and overseeing the expenditure of state funds; and otherwise setting
priorities and direction for the State of Illinois. As chief executive of the State
of Illinois, the Governor was responsible for administration of all areas of the
executive branch of state government not under the authority of the other
constitutionally-elected officials. The Office of the Governor employed staff
members to assist the Governor in performing his duties.
l. Shortly after his election on November 4, 2008, as President
of the United States, Barack Obama resigned his position as United States
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Senator from Illinois, creating a vacancy in that office. As Governor of Illinois,
defendant ROD BLAGOJEVICH had the duty under Illinois law, 10 ILCS 5/25-8,
to appoint a replacement, who would serve the approximately two years
remaining in Barack Obama's term as United States Senator.
Illinois Laws Regarding the Conduct of Government Officials
m. Defendant ROD BLAGOJEVICH, Monk, and Harris, while
serving as officers and employees of the State of Illinois, and Levine, while
serving as a Trustee of TRS and a member of the Planning Board, were bound
by the following laws, duties, policies and procedures:
i. As Governor, defendant ROD BLAGOJEVICH was a
constitutional officer and as such, at the outset of each term, was required to
take an oath of office to support the Constitution of the United States and the
Constitution of the State of Illinois, and to faithfully discharge the duties of the
office of Governor to the best of his ability.
ii. Pursuant to Article VIII, Section 1(a) of the Constitution
of the State of Illinois, public funds, property and credit shall be used only for
public purposes.
iii. As officers and employees of the State of Illinois,
defendant ROD BLAGOJEVICH, Monk, and Harris owed a duty of honest
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services to the people of the State of Illinois in the performance of their public
duties.
iv. As a Trustee of TRS, Levine owed a fiduciary duty and
a duty of honest services to the beneficiaries of TRS and was required to act
solely for their benefit. As a member of the Health Facilities Planning Board,
Levine owed a duty of honest services to the people of the State of Illinois in the
performance of his duties on the Health Facilities Planning Board.
v. Pursuant to the criminal laws of the State of Illinois (720
ILCS 5/33-3(c) and (d)), defendant ROD BLAGOJEVICH, Monk, Levine, and
Harris each was prohibited from committing the following acts in his official
capacity: (1) performing an act in excess of his lawful authority, with intent to
obtain a personal advantage for himself or others; and (2) soliciting or knowingly
accepting, for the performance of any act, a fee or reward which he knows is not
authorized by law.
vi. Pursuant to the criminal laws of the State of Illinois (720
ILCS 5/33-1(d)), defendant ROD BLAGOJEVICH, Monk, and Levine each was
prohibited from receiving, retaining, or agreeing to accept any property or
personal advantage which he was not authorized by law to accept, knowing that
such property or personal advantage was promised or tendered with intent to
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cause him to influence the performance of any act related to the employment or
function of his public office.
vii. Pursuant to the criminal laws of the State of Illinois (50
ILCS 105/3), defendant ROD BLAGOJEVICH, Monk, and Levine each was
prohibited from being, in any manner, financially interested, either directly or
indirectly, in any contract or the performance of any work in regard to which he
may have been called upon to act.
n. In or about September 2008, the Illinois General Assembly
enacted Public Act 95-971, effective January 1, 2009, that, among other things,
prohibits business entities with aggregate state contracts or pending state
contract bids of more than $50,000 from making campaign contributions to any
political committee established to promote the candidacy of, among others, a
candidate for the office of Governor. This law also prohibits such contributions
by affiliated entities and affiliated persons of such business entities.
The Enterprise
2. At times material to this indictment, defendant ROD
BLAGOJEVICH, the Office of the Governor of Illinois, and Friends of
Blagojevich were associated in fact, and constituted an "enterprise" as that term
is defined in Title 18, United States Code, Section 1961(4), which enterprise was
engaged in, and the activities of which affected, interstate commerce. This
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enterprise is referred to for purposes of this count as the "Blagojevich
Enterprise." The Blagojevich Enterprise constituted an ongoing organization
whose members functioned as a continuing unit for a common purpose of
achieving the objectives of the enterprise.
Purpose of the Enterprise
3. The primary purpose of the Blagojevich Enterprise was to exercise
and preserve power over the government of the State of Illinois for the financial
and political benefit of defendant ROD BLAGOJEVICH, both directly and
through Friends of Blagojevich, and for the financial benefit of his family
members and associates.
The Racketeering Conspiracy
4. From in or about 2002 to on or about December 9, 2008, in the
Northern District of Illinois and elsewhere,
ROD BLAGOJEVICH and
CHRISTOPHER KELLY,
defendants herein, together with Alonzo Monk, William F. Cellini, Sr., John
Harris, Robert Blagojevich, Antoin Rezko, and Stuart Levine, being persons
employed by and associated with an enterprise, namely the Blagojevich
Enterprise, which enterprise engaged in, and the activities of which affected,
interstate commerce, did conspire and agree, with each other and others known
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and unknown to the Grand Jury, to conduct and participate, directly and
indirectly, in the conduct of the affairs of the Blagojevich Enterprise through a
pattern of racketeering activity, as that term is defined in Title 18, United States
Code, Sections 1961(1) and (5), consisting of:
a. multiple acts indictable under the following provisions of
federal law:
i. Title 18, United States Code, Sections 1341, 1343, and
1346 (mail fraud and wire fraud);
ii. Title 18, United States Code, Section 1951(a) (extortion,
attempted extortion, and conspiracy to commit
extortion); and
b. multiple acts involving bribery chargeable under the following
provisions of Illinois law:
720 ILCS 5/33-1(c) and (d).
5. Each defendant agreed that a conspirator would commit at least two
acts of racketeering activity in the conduct of the affairs of the enterprise.
Means and Method of the Conspiracy
6. It was part of the conspiracy that defendants ROD BLAGOJEVICH
and CHRISTOPHER KELLY, as well as co-conspirators Alonzo Monk, William
F. Cellini, Sr., John Harris, Robert Blagojevich, Antoin Rezko, and Stuart
Levine, and others, engaged in a scheme to deprive the people of the State of
Illinois and the beneficiaries of TRS of their intangible right to the honest
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services of defendant ROD BLAGOJEVICH, Alonzo Monk, John Harris, and
Stuart Levine, as more fully described in Count Two, paragraphs 3 through 44
of this indictment.
7. It was further part of the conspiracy that defendants ROD
BLAGOJEVICH and KELLY, along with Monk, Cellini, Robert Blagojevich,
Harris, Rezko, and Levine, and others, used and attempted to use the powers of
the Office of the Governor and of certain state boards and commissions subject
to the influence of the Office of the Governor, to take and cause governmental
actions, including: appointments to boards and commissions; the awarding of
state business, grants, and investment fund allocations; the enactment of
legislation and executive orders; and the appointment of a United States
Senator; in exchange for financial benefits for themselves and others, including
campaign contributions for ROD BLAGOJEVICH, money for themselves, and
employment for ROD BLAGOJEVICH and his wife.
8. It was further part of the conspiracy that defendant ROD
BLAGOJEVICH permitted defendant KELLY and Rezko to exercise substantial
influence over certain activities of the Office of the Governor, as well as state
boards and commissions with members appointed by the Governor, with the
knowledge that KELLY and Rezko would use this influence to enrich themselves
and their associates. In return, KELLY and Rezko provided benefits to ROD
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BLAGOJEVICH by (a) generating millions of dollars in contributions to Friends
of Blagojevich, and (b) providing financial benefits directly to ROD
BLAGOJEVICH and his family members.
9. It was further part of the conspiracy that in connection with the
following acts, transactions, and matters, members of the conspiracy exercised
their power and influence over Illinois state government for the purpose of
benefitting defendant ROD BLAGOJEVICH and his family members, Friends
of Blagojevich, and members of the conspiracy and their associates:
a. Defendants ROD BLAGOJEVICH and KELLY, along with
Rezko and Monk, agreed to direct lucrative state business relating to the
refinancing of billions of dollars in State of Illinois Pension Obligation Bonds to
a company whose lobbyist agreed to provide hundreds of thousands of dollars to
Rezko out of the fee the lobbyist would collect, and Rezko in turn agreed to split
the money with ROD BLAGOJEVICH, KELLY, and Monk;
b. KELLY, Rezko, Cellini, and Levine agreed that KELLY and
Rezko would use their influence with the Blagojevich administration to assist
Cellini and Levine in maintaining influence over the activities of TRS, and in
return, Cellini and Levine would use their influence with TRS to cause TRS to
invest in funds, and to use the services of professional firms, selected by KELLY
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and Rezko, at times in exchange for substantial contributions to Friends of
Blagojevich.
c. Rezko arranged for a total of $50,000 in contributions to
Friends of Blagojevich from Ali Ata, a Chicago-area businessman, and in
exchange for those contributions discussed with Ata, ROD BLAGOJEVICH, and
Monk obtaining a high-level state appointment for Ata, whom ROD
BLAGOJEVICH ultimately appointed as the executive director of the Illinois
Finance Authority;
d. In response to a lobbyist's inquiry about how the lobbyist's
clients could become eligible to manage investments for TRS, KELLY advised
the lobbyist that TRS was Rezko's area, and subsequently advised the lobbyist
that KELLY had spoken with Rezko, and that it would require a $50,000
campaign contribution to defendant ROD BLAGOJEVICH for a firm to get on
TRS's list of recommended investment funds; and
e. KELLY, Cellini, Rezko, Levine, and others agreed to demand
that Thomas Rosenberg, the owner of Capri Capital, arrange to raise or donate
substantial funds to Friends of Blagojevich, and to threaten that if such funds
were not forthcoming, they would block a proposed TRS investment of $220
million with Capri Capital.
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10. It was further part of the conspiracy that Rezko provided defendant
ROD BLAGOJEVICH and his family with financial benefits. In particular,
Rezko: directed a real estate commission in the amount of approximately
$14,396 to the wife of ROD BLAGOJEVICH, even though she had done no work
to earn that commission; subsequently hired the wife of ROD BLAGOJEVICH
as an employee of Rezko's real estate business at a salary of approximately
$12,000 per month; and supplemented her salary by directing another real
estate commission to her in the amount of approximately $40,000, even though
she had done little or no work to earn that commission.
11. It was further part of the conspiracy that after it became public that
defendant KELLY and Rezko were under law enforcement scrutiny and they
ceased to play significant roles in raising funds for Friends of Blagojevich,
defendant ROD BLAGOJEVICH continued to exchange and attempt to exchange
his official actions as Governor for personal benefits to ROD BLAGOJEVICH
and members of his family, and contributions to Friends of Blagojevich. At
times, ROD BLAGOJEVICH acted with the assistance of others, including
Monk, Harris, and Robert Blagojevich. These efforts included, but were not
limited to, attempts to:
a. withhold a state grant to benefit a publicly-supported school
until a campaign fundraiser for ROD BLAGOJEVICH was held by a United
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States Congressman who supported the school, or by a relative of that United
States Congressman;
b. extort a campaign contribution from Children's Memorial
Hospital, a not-for-profit children's hospital located in Chicago, Illinois, and its
chief executive officer, in return for official action on state reimbursement for
pediatric care;
c. extort a campaign contribution from two horse racing tracks
and an executive associated with them, in return for prompt action on legislation
financially benefitting horse racing tracks;
d. extort a campaign contribution from a company that supplied
materials for road construction, and from an executive of that company (who was
also a representative of a road construction industry trade organization), in
return for official action financially benefitting that company and the road
construction industry;
e. withhold state financial support that would benefit the
Tribune Company, publisher of the Chicago Tribune newspaper, unless the
Tribune Company fired editorial board members who had been critical of ROD
BLAGOJEVICH; and
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f. obtain personal financial benefits for ROD BLAGOJEVICH in
return for his appointment of a United States Senator to fill the seat vacated by
President Barack Obama.
12. It was further part of the conspiracy that defendants ROD
BLAGOJEVICH and KELLY, and other members of the conspiracy,
misrepresented, concealed, and hid, and caused to be misrepresented, concealed,
and hidden, the purposes of and the acts done in furtherance of the conspiracy;
In violation of Title 18, United States Code, Section 1962(d).
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COUNT TWO
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraph 1 of Count One is hereby realleged and incorporated as
if fully set forth herein.
2. From in or about 2002 to on or about December 9, 2008, in the
Northern District of Illinois, Eastern Division, defendants ROD BLAGOJEVICH,
ALONZO MONK, JOHN HARRIS, and ROBERT BLAGOJEVICH, together with
Christopher Kelly, William Cellini, Antoin Rezko, Stuart Levine, and others,
devised and participated in a scheme to deprive the people of the State of Illinois
and the beneficiaries of TRS of their intangible right to the honest services of
ROD BLAGOJEVICH, HARRIS, MONK, and Levine.
Overview of the Scheme
3. It was part of the scheme to defraud that defendants ROD
BLAGOJEVICH, MONK, HARRIS, and ROBERT BLAGOJEVICH, together
with Kelly, Cellini, Rezko, Levine, and others, used and attempted to use the
powers of the Office of the Governor, and of certain state boards and
commissions subject to influence by the Office of the Governor, to take and cause
governmental actions, including: appointments to boards and commissions; the
awarding of state business, grants, and investment fund allocations; the
enactment of legislation and executive orders; and the appointment of a United
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States Senator; in exchange for financial benefits for themselves and others,
including campaign contributions for ROD BLAGOJEVICH, money for
themselves, and employment for ROD BLAGOJEVICH and his wife.
Sharing Financial Benefits from State Actions
4. It was further part of the scheme that, in a series of conversations
that began in 2002 and continued after defendant ROD BLAGOJEVICH was
elected Governor in November 2002, defendants ROD BLAGOJEVICH and
MONK, along with Kelly and Rezko, agreed that they would use ROD
BLAGOJEVICH's position as Governor and MONK's position as Chief of Staff
for financial gain, which would be divided among them, with the understanding
that the money would be distributed after ROD BLAGOJEVICH left public
office. The defendants and their co-schemers later implemented this agreement,
including in connection with a transaction involving state Pension Obligation
Bonds as further described below.
The Pension Obligation Bond Deal
5. It was further part of the scheme that in or about 2003, defendants
ROD BLAGOJEVICH and MONK, and Kelly and Rezko, agreed to direct
lucrative state business relating to the refinancing of billions of dollars in State
of Illinois Pension Obligation Bonds to a company whose lobbyist agreed to
provide hundreds of thousands of dollars to Rezko out of the fee the lobbyist
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would collect, and Rezko in turn agreed to split the money with ROD
BLAGOJEVICH, MONK, and Kelly.
Maintaining Control Over TRS
6. It was further part of the scheme that in or about the spring of 2003,
Kelly, Rezko, Cellini, and Levine agreed that Kelly and Rezko would use their
influence with the Blagojevich administration to assist Cellini and Levine in
maintaining influence over the activities of TRS, and in return, Cellini and
Levine would use their influence with TRS to cause TRS to invest in funds, and
to use the services of law firms, selected by Kelly and Rezko, at times in
exchange for substantial contributions to Friends of Blagojevich.
The Solicitation of Ali Ata
7. It was further part of the scheme that in or about late 2002, Ali Ata,
an Illinois businessman who was solicited by Rezko to make political
contributions to defendant ROD BLAGOJEVICH, brought a $25,000 check to
Rezko's offices, where Ata met with ROD BLAGOJEVICH. During that meeting,
ROD BLAGOJEVICH asked Rezko if Rezko had talked to Ata about positions
in the administration, and Rezko said that he had. In or about July 2003, after
discussions with Rezko about possible state appointments, Ata gave Rezko
another $25,000 check payable to ROD BLAGOJEVICH's campaign. Shortly
after this, Ata had a conversation with ROD BLAGOJEVICH at a fundraising
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event, during which ROD BLAGOJEVICH indicated that he was aware Ata
recently had made another substantial contribution to ROD BLAGOJEVICH's
campaign, and told Ata that he understood Ata would be joining his
administration. Ata replied that he was considering taking a position, and ROD
BLAGOJEVICH said that it had better be a job where Ata could make some
money. ROD BLAGOJEVICH ultimately appointed Ata as the executive director
of the Illinois Finance Authority.
The Solicitation of Joseph Cari
8. It was further part of the scheme that on or about October 29, 2003,
when Joseph Cari, a national Democratic fundraiser, was traveling on a plane
with defendant ROD BLAGOJEVICH, Kelly, and Levine to a Blagojevich
fundraiser in New York hosted by Cari, he spoke with ROD BLAGOJEVICH,
who discussed Cari's background as a national fundraiser and ROD
BLAGOJEVICH's interest in running for President. ROD BLAGOJEVICH said
it was easier for governors to solicit campaign contributions because of their
ability to award contracts and give legal work, consulting work, and investment
banking work to campaign contributors, and that Kelly and Rezko were his point
people in raising campaign contributions. ROD BLAGOJEVICH also said there
were state contracts and other state work that could be given to contributors
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who helped ROD BLAGOJEVICH, Rezko, and Kelly, and that Rezko and Kelly
would follow up with Cari in relation to the discussion that had just occurred.
9. It was further part of the scheme that during the October 29, 2003,
fundraiser, Levine told Cari that there was a plan in place in the Blagojevich
administration pursuant to which Rezko and Kelly would pick consultants to do
business with State of Illinois boards, and, thereafter, the consultants would be
asked to make campaign contributions.
10. It was further part of the scheme that sometime after October 2003,
Rezko told Cari that Rezko had a close relationship with the Blagojevich
administration, that Rezko had a role in picking consultants, law firms and
other entities to get state business, and that defendant ROD BLAGOJEVICH's
Chief of Staff, defendant MONK, helped implement Rezko's choices for state
work. Rezko also said that, in exchange for raising money for ROD
BLAGOJEVICH, the Blagojevich administration would be helpful to Cari's
business interests.
11. It was further part of the scheme that on or about March 5, 2004,
Cari met with Kelly, who said he was following up on Cari's conversations with
defendant ROD BLAGOJEVICH, Rezko, and Levine. Kelly asked for Cari's help
in raising money on a national level for ROD BLAGOJEVICH. When Cari said
he was not inclined to help, Kelly pushed Cari to assist and said that helping
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ROD BLAGOJEVICH would be good for Cari's business interests and that Cari
could have whatever Cari wanted if he agreed to help.
Campaign Contributions Solicited for TRS Investments
12. It was further part of the scheme that in or about March 2004,
Lobbyist A met with Christopher Kelly to ask how two clients of Lobbyist A
could become eligible to manage investments for TRS. Kelly informed Lobbyist
A that TRS was Rezko's area, and subsequently told Lobbyist A that he had
spoken with Rezko, and that it would require a $50,000 campaign contribution
to defendant ROD BLAGOJEVICH for a firm to get on TRS's list of
recommended fund managers.
The Attempted Extortion of Capri Capital
13. It was further part of the scheme that in about April 2004, Levine,
Rezko, and Kelly agreed that unless Capri Capital or one of its principals,
Thomas Rosenberg, arranged to raise or make significant political contributions
for defendant ROD BLAGOJEVICH, Capri Capital would not receive a proposed
$220 million investment from TRS. They further agreed that William F. Cellini,
Sr. would deliver that message to Rosenberg.
14. It was further part of the scheme that in or about early May 2004,
Levine advised Cellini of the plan to require Rosenberg to raise or make
significant political contributions for defendant ROD BLAGOJEVICH as a
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condition for Capri Capital's receipt of the $220 million in TRS funds, and Cellini
assisted the plan by indicating to Rosenberg that Capri Capital had not yet
received its $220 million allocation from TRS because of its failure to make
political donations to defendant ROD BLAGOJEVICH.
15. It was further part of the scheme that after Rosenberg advised
Cellini that Rosenberg would not be extorted, and threatened to expose the
extortion attempt, Cellini ensured that Kelly, Rezko, and Levine learned about
Rosenberg's threat to expose their extortion attempt.
16. It was further part of the scheme that on or about May 11, 2004,
Cellini, Levine, Rezko, and Kelly agreed that in light of Rosenberg's threat to
inform law enforcement about the extortion, it was too risky to continue
demanding money from Rosenberg or to block the $220 million allocation to
Capri Capital. They agreed that although Capri Capital would receive the $220
million allocation, it would not receive any further business from any State of
Illinois entity, including TRS.
17. It was further part of the scheme that Rezko told Cellini and Levine,
in separate conversations, that defendant ROD BLAGOJEVICH had been told
about the attempt to extort Rosenberg, and ROD BLAGOJEVICH had said that
Rosenberg meant nothing to him.
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18. It was further part of the scheme that after the discussion involving
Kelly, Rezko, Levine, and Cellini on or about May 11, 2004, Cellini and Levine
took steps to conceal the extortion plan, including by using their influence and
Levine's position at TRS to ensure that Capri Capital received its $220 million
allocation.
Benefits Given to ROD BLAGOJEVICH and ALONZO MONK
19. It was further part of the scheme that to ensure that defendants
ROD BLAGOJEVICH and MONK would continue to give Rezko substantial
influence regarding matters such as appointments to boards and commissions,
the selection of candidates for state employment, and the awarding of state
contracts, grants, and investment fund allocations, Rezko gave certain benefits
to ROD BLAGOJEVICH and MONK, including the following:
a. In or about late August 2003, Rezko directed to ROD
BLAGOJEVICH's wife a payment of $14,396, purportedly in connection with a
real estate transaction involving property at 850 North Ogden Avenue, Chicago,
Illinois, for which transaction ROD BLAGOJEVICH's wife had not performed
any services.
b. From in or about October 2003 to in or about May 2004, Rezko,
through his real estate development company, provided ROD BLAGOJEVICH's
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wife with payments of $12,000 a month, purportedly for real estate brokerage
services.
c. In or about January 2004, while Rezko's real estate
development company was paying ROD BLAGOJEVICH's wife $12,000 a month,
Rezko directed to ROD BLAGOJEVICH's wife a payment of $40,000, purportedly
for brokerage services in connection with the sale of property at 1101 West Lake
Street, Chicago, Illinois, even though ROD BLAGOJEVICH's wife had provided
few, if any, services in relation to that sale.
d. From in or about the spring of 2004 until in or about 2006,
Rezko provided to MONK a number of $10,000 cash gifts to pay for various
items, such as a car and home improvements, which cash gifts totaled
approximately $70,000 to $90,000.
The Search for Employment for ROD BLAGOJEVICH=s Wife
20. It was further part of the scheme that after the real estate business
of defendant ROD BLAGOJEVICH's wife became the subject of critical media
coverage, ROD BLAGOJEVICH directed defendant HARRIS to try to find a paid
state board appointment or position for her. During several conversations in or
about early 2008, ROD BLAGOJEVICH informed HARRIS that ROD
BLAGOJEVICH wanted his wife put on the Pollution Control Board, which pays
salaries to its board members. When HARRIS told ROD BLAGOJEVICH that
26
his wife was not qualified for the position, ROD BLAGOJEVICH told HARRIS
to find other employment for his wife.
21. It was further part of the scheme that, in or about the spring of
2008, around the time that defendant ROD BLAGOJEVICH's wife passed a
licensing examination that allowed her to sell financial securities, ROD
BLAGOJEVICH asked defendant HARRIS and others to set up informational
or networking meetings for his wife with financial institutions that had business
with the State of Illinois in hopes that those businesses would assist in getting
ROD BLAGOJEVICH's wife a job. HARRIS subsequently arranged meetings
between ROD BLAGOJEVICH's wife and officials at two financial institutions
that had business with the State of Illinois. When ROD BLAGOJEVICH
concluded that officials at these institutions were unhelpful in finding ROD
BLAGOJEVICH's wife a job, ROD BLAGOJEVICH told HARRIS that he did not
want the institutions receiving further business from the State of Illinois.
Attempted Extortion of United States Congressman A
22. It was further part of the scheme that in or about 2006, after United
States Congressman A inquired about the status of a $2 million grant for the
benefit of a publicly-supported school, defendant ROD BLAGOJEVICH
instructed defendant HARRIS not to release the grant until further direction
from ROD BLAGOJEVICH, even though ROD BLAGOJEVICH previously had
27
agreed to support the grant and funding for the grant had been included in the
state's budget.
23. It was further part of the scheme that, in response to inquiries by a
high-ranking state official as to whether the grant money could be released,
defendant ROD BLAGOJEVICH informed the official that ROD BLAGOJEVICH
wanted it communicated to United States Congressman A that United States
Congressman A's brother needed to have a fundraiser for ROD BLAGOJEVICH.
24. It was further part of the scheme that defendant ROD
BLAGOJEVICH told Lobbyist A that ROD BLAGOJEVICH was giving a $2
million grant to a school in United States Congressman A's district and
instructed Lobbyist A to approach United States Congressman A for a
fundraiser.
25. It was further part of the scheme that after defendant ROD
BLAGOJEVICH learned from defendant HARRIS that the school had started to
incur expenses that were to be paid with the grant funds, ROD BLAGOJEVICH
initially resisted the release of the grant money, and then ultimately agreed to
the release of certain of the grant funds to cover incurred expenses, but only on
a delayed basis, even though no fundraiser had been held.
28
Attempted Extortion of Children=s Memorial Hospital
26. It was further part of the scheme that on or about October 8, 2008,
defendant ROD BLAGOJEVICH advised Lobbyist A that he intended to take
official action that would provide additional state money to Children's Memorial
Hospital, and that ROD BLAGOJEVICH wanted to get $50,000 in campaign
contributions from the Chief Executive Officer of Children's Memorial Hospital
("the Children's CEO").
27. It was further part of the scheme that on or about October 17, 2008,
defendant ROD BLAGOJEVICH called the Children's CEO to tell him of his
intent to increase the Illinois Medicaid reimbursement rate for speciality-care
pediatric physicians. Shortly before this, ROD BLAGOJEVICH had directed
Deputy Governor A to initiate such an increase, which Illinois providers of
pediatric healthcare, including Children's Memorial Hospital, had actively
supported for years.
28. It was further part of the scheme that on or about October 22, 2008,
defendant ROBERT BLAGOJEVICH spoke with the Children's CEO and asked
him to arrange to raise $25,000 for ROD BLAGOJEVICH prior to January 1,
2009.
29. It was further part of the scheme that on or about November 12,
2008, after the Children's CEO had not returned additional phone calls from
29
defendant ROBERT BLAGOJEVICH, and no political contributions from the
Children's CEO or other persons associated with Children's Memorial Hospital
had been received, defendant ROD BLAGOJEVICH spoke to Deputy Governor
A about the increase in the Medicaid reimbursement rates for specialty-care
pediatric physicians, asking whether "we could pull it back if we needed to. . . ."
As a result of this conversation, Deputy Governor A instructed the Department
of Healthcare Services to stop its work on increasing the reimbursement for
specialty-care pediatric physicians.
Attempted Extortion of Racetrack Executive
30. It was further part of the scheme that on or about November 13,
2008, defendant ROD BLAGOJEVICH told defendant ROBERT BLAGOJEVICH
that he wanted campaign contributions to be made by the end of the year by
Racetrack Executive, who, as ROD BLAGOJEVICH knew, managed horse racing
tracks that would financially benefit from a bill pending in the Illinois
legislature that would require certain Illinois casinos to give money to a fund
that would be used to help the Illinois horse racing industry (the "Racing Bill ").
At that time, as ROD BLAGOJEVICH knew, defendant MONK had been trying
to arrange a contribution from Racetrack Executive, and ROD BLAGOJEVICH
had set a goal of raising $100,000 in contributions from and through Racetrack
Executive.
30
31. It was further part of the scheme that defendant ROD
BLAGOJEVICH had further conversations with defendant MONK about the
Racing Bill after it was passed by the Illinois legislature on or about November
20, 2008. In those conversations, ROD BLAGOJEVICH and MONK discussed
whether and when ROD BLAGOJEVICH would sign the bill, and whether and
when Racetrack Executive would arrange for a campaign contribution to ROD
BLAGOJEVICH. On or about December 3, 2008, ROD BLAGOJEVICH
indicated to MONK that he was concerned that Racetrack Executive would not
make a contribution by the end of the year if he signed the Racing Bill before the
contribution was made. As a result, MONK and ROD BLAGOJEVICH agreed
that MONK would speak with Racetrack Executive to ensure that Racetrack
Executive would make a contribution by the end of the year.
32. It was further part of the scheme that after meeting with defendant
ROD BLAGOJEVICH on or about December 3, 2008, defendant MONK visited
Racetrack Executive. During that visit, MONK communicated to Racetrack
Executive that ROD BLAGOJEVICH was concerned that Racetrack Executive
would not make a contribution to ROD BLAGOJEVICH if the Racing Bill was
signed before the contribution was made.
33. It was further part of the scheme that after meeting with Racetrack
Executive on or about December 3, 2008, defendant MONK reported to
31
defendant ROD BLAGOJEVICH that MONK had said to Racetrack Executive,
"look, there is a concern that there is going to be some skittishness if your bill
gets signed because of the timeliness of the commitment," and made it clear to
Racetrack Executive that the contribution has "got to be in now." ROD
BLAGOJEVICH responded, "good," and "good job."
34. It was further part of the scheme that on or about December 4, 2008,
defendant MONK asked defendant ROD BLAGOJEVICH to call Racetrack
Executive and to suggest that ROD BLAGOJEVICH would sign the Racing Bill,
because this would be better "from a pressure point of view." ROD
BLAGOJEVICH agreed to call Racetrack Executive.
Attempted Extortion of Highway Contractor
35. It was further part of the scheme that on or about September 18,
2008, defendants ROD BLAGOJEVICH, MONK, and ROBERT BLAGOJEVICH
met with Construction Executive, who was both an executive with a company
that manufactured and distributed road building materials and a representative
of a trade group involved with the construction of roads. In that meeting, ROD
BLAGOJEVICH said that he was planning on announcing a $1.5 billion road
building program that would be administered through the Illinois Toll Highway
Authority (the "Tollway") and that he might authorize an additional $6 billion
road building program later on. Shortly thereafter in the conversation, ROD
32
BLAGOJEVICH asked for Construction Executive's help in raising contributions
for ROD BLAGOJEVICH's campaign by the end of the year. After Construction
Executive left the meeting, ROD BLAGOJEVICH instructed MONK to try to get
Construction Executive to raise $500,000 in contributions. As ROD
BLAGOJEVICH knew, MONK subsequently had a series of conversations with
Construction Executive about the possibility of Construction Executive
arranging for campaign contributions to ROD BLAGOJEVICH.
36. It was further part of the scheme that, on or about October 6, 2008,
defendant ROD BLAGOJEVICH told Lobbyist A that he would make an
announcement concerning a $1.8 billion project involving the Tollway and that
defendant MONK would approach Construction Executive to ask that he raise
substantial campaign contributions. ROD BLAGOJEVICH further said that he
could have announced a larger amount of money for road projects, but wanted
to see how Construction Executive performed in raising contributions, and he
added words to the effect of "If they don't perform, fuck 'em."
37. It was further part of the scheme that, on or about October 22, 2008,
approximately one week after defendant ROD BLAGOJEVICH publicly
announced a portion of a $1.8 billion program to upgrade interchanges on the
tollway system, ROD BLAGOJEVICH called Construction Executive, spoke with
33
him about the $1.8 billion program, and asked how he was coming with
fundraising.
Efforts to Obtain Personal Financial Benefits for Rod
Blagojevich in Return for his Appointment of a United States Senator
38. It was further part of the scheme that beginning in or about October
2008, and continuing until on or about December 9, 2008, defendant ROD
BLAGOJEVICH, with the assistance of defendants HARRIS and ROBERT
BLAGOJEVICH, and others, sought to obtain financial benefits for himself and
his wife, in return for the exercise of his duty under Illinois law to appoint a
United States Senator to fill the vacancy created by the election of Barack
Obama as President of the United States.
39. It was further part of the scheme that defendant ROD
BLAGOJEVICH engaged in numerous conversations with others, at times
including defendants HARRIS and ROBERT BLAGOJEVICH, certain high-
ranking employees of the Office of the Governor, and certain political
consultants, to devise and set in motion plans by which ROD BLAGOJEVICH
could use his power to appoint a United States Senator to obtain financial
benefits for himself and his wife. At times ROD BLAGOJEVICH directed
others, including state employees, to assist in these endeavors, including by
performing research and conveying messages to third parties.
34
40. It was further part of the scheme that defendant ROD
BLAGOJEVICH and his co-schemers devised and discussed means of using ROD
BLAGOJEVICH's power to appoint a United States Senator in exchange for
financial benefits for himself and his wife, which benefits would take the
following forms, among others:
a. Presidential appointment of ROD BLAGOJEVICH to high-
ranking positions in the federal government, including Secretary of Health and
Human Services or an ambassadorship;
b. A highly paid leadership position with a private foundation
dependent on federal aid, which ROD BLAGOJEVICH believed could be
influenced by the President-elect to name ROD BLAGOJEVICH to such a
position;
c. A highly paid leadership position with an organization known
as "Change to Win," consisting of seven affiliated labor unions, which, in a
transaction suggested by defendant HARRIS, could appoint ROD
BLAGOJEVICH as its chairman with the expectation that the President-elect
would assist Change to Win with its national legislative agenda;
d. Employment for the wife of ROD BLAGOJEVICH with a union
organization or lobbying firm, or on corporate boards of directors;
35
e. A highly paid leadership position with a newly-created not-for-
profit corporation that ROD BLAGOJEVICH believed could be funded with large
contributions by persons associated with the President-elect; and
f. Substantial campaign fundraising assistance from individuals
seeking the United States Senate seat and their backers, including from Senate
Candidate A, whose associate ROD BLAGOJEVICH understood to have offered
$1.5 million in campaign contributions in return for ROD BLAGOJEVICH's
appointment of Senate Candidate A.
41. It was further part of the scheme that defendant ROD
BLAGOJEVICH discussed with his co-schemers means by which he could
influence the President-elect to assist ROD BLAGOJEVICH in obtaining
personal benefits for himself and his wife, including by appointing as United
States Senator a candidate whom ROD BLAGOJEVICH believed to be favored
by the President-elect. At times, ROD BLAGOJEVICH attempted to further this
goal by conveying messages, directly and with the assistance of others, to
individuals whom he believed to be in communication with the President-elect.
42. It was further part of the scheme that on or about December 4, 2008,
defendant ROD BLAGOJEVICH instructed defendant ROBERT
BLAGOJEVICH to contact a representative of Senate Candidate A, and advise
the representative that if Senate Candidate A was going to be chosen to fill the
36
Senate seat, some of the promised fundraising had to occur before the
appointment. ROD BLAGOJEVICH instructed ROBERT BLAGOJEVICH to
communicate the urgency of the message, and to do it in person, rather than
over the phone. ROBERT BLAGOJEVICH agreed to do so, and thereafter
arranged a meeting with an associate of Senate Candidate A.
43. It was further part of the scheme that on or about December 5, 2008,
following the publication that day of a newspaper article reporting that ROD
BLAGOJEVICH had been surreptitiously recorded in connection with an
ongoing federal investigation, ROD BLAGOJEVICH instructed ROBERT
BLAGOJEVICH to cancel his meeting with the associate of Senate Candidate
A, and ROBERT BLAGOJEVICH agreed to do so.
44. It was further part of the scheme that defendants ROD
BLAGOJEVICH and KELLY, and other participants in the scheme,
misrepresented, concealed, and hid, and caused to be misrepresented, concealed,
and hidden, the purposes of and the acts done in furtherance of the scheme.
45. On or about October 17, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH,
defendant herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
37
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH in Chicago, Illinois, and the Children's CEO in Florida, in
which ROD BLAGOJEVICH asked the Children's CEO for a campaign
contribution;
In violation of Title 18, United States Code, Sections 1343 and 1346.
38
COUNT THREE
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 1, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH and
ROBERT BLAGOJEVICH,
defendants herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH in Chicago, Illinois, and ROBERT BLAGOJEVICH in
Nashville, Tennessee, in which ROBERT BLAGOJEVICH gave ROD
BLAGOJEVICH an update on the solicitation of campaign contributions from
Construction Executive and Racetrack Executive, and they discussed potential
contributions from Senate Candidate C and Senate Candidate A;
In violation of Title 18, United States Code, Sections 1343 and 1346.
39
COUNT FOUR
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 7, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH and
JOHN HARRIS,
defendants herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH and HARRIS, in Chicago, Illinois, and Advisor A, in
Washington, D.C., in which ROD BLAGOJEVICH, HARRIS, and Advisor A
discussed financial benefits which ROD BLAGOJEVICH could request in
exchange for the appointment of Senate Candidate B to the United States
Senate;
In violation of Title 18, United States Code, Sections 1343 and 1346.
40
COUNT FIVE
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 10, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH,
defendant herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a conference call between
ROD BLAGOJEVICH, John Harris and others, in Chicago, Illinois, and various
advisors in Washington, D.C., and New York City, in which they discussed
financial benefits which ROD BLAGOJEVICH could request in exchange for the
appointment of Senate Candidate B to the United States Senate;
In violation of Title 18, United States Code, Sections 1343 and 1346.
41
COUNT SIX
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 12, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH,
defendant herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH, in Chicago, Illinois, and Advisor A in Washington, D.C.
(Sessions 533 and 535), in which they discussed a proposal where, in exchange
for the appointment of Senate Candidate B to the United States Senate, a not-
for-profit organization would be set up where ROD BLAGOJEVICH would be
employed when he was no longer governor;
In violation of Title 18, United States Code, Sections 1343 and 1346.
42
COUNT SEVEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 12, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH,
defendant herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH in Chicago, Illinois, and a labor union official in Washington,
D.C. (Session 541), in which ROD BLAGOJEVICH proposed that, in exchange
for the appointment of Senate Candidate B to the United States Senate, a not-
for-profit organization be set up where ROD BLAGOJEVICH would be employed
when he was no longer governor;
In violation of Title 18, United States Code, Sections 1343 and 1346.
43
COUNT EIGHT
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 12, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH,
defendant herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH in Chicago, Illinois, and a labor union official in Washington,
D.C. (Session 546), in which ROD BLAGOJEVICH informed the union official
that it was a very real possibility that Senate Candidate B could get the United
States Senate appointment, and again raised his interest in employment by a
not-for-profit organization;
In violation of Title 18, United States Code, Sections 1343 and 1346.
44
COUNT NINE
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 13, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH,
defendant herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH in Chicago, Illinois, and Advisor B in Michigan (Session 624),
in which they discussed presenting to United States Congressman A a proposal
by ROD BLAGOJEVICH that a not-for-profit organization be set up and that the
connection between setting up this organization and the awarding of the U.S.
Senate seat would be ?unsaid";
In violation of Title 18, United States Code, Sections 1343 and 1346.
45
COUNT TEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about November 13, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH,
defendant herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH in Chicago, Illinois, and Advisor B in Michigan (Session 627),
in which ROD BLAGOJEVICH asked Advisor B to call Lobbyist A and ask
Lobbyist A to present to United States Congressman A ROD BLAGOJEVICH's
proposal that a not-for-profit organization be set up and that, while it would be
unsaid, this would be a ?play" to obtain a benefit for ROD BLAGOJEVICH in
return for the awarding of the United States Senate seat;
In violation of Title 18, United States Code, Sections 1343 and 1346.
46
COUNT ELEVEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about December 4, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH and
ALONZO MONK,
defendants herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH in Chicago, Illinois, and MONK in Miami, Florida, in which
BLAGOJEVICH agreed with MONK that, in order to obtain the campaign
contribution sought from Racetrack Executive in exchange for a prompt signing
of the Racing Bill, it would be better "from a pressure point of view" for
BLAGOJEVICH himself to call Racetrack Executive to discuss the timing of
signing the Racing Bill;
In violation of Title 18, United States Code, Sections 1343 and 1346.
47
COUNT TWELVE
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 through 44 of Count Two are realleged and
incorporated as if fully set forth herein.
2. On or about December 4, 2008, at Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
ROD BLAGOJEVICH and
ROBERT BLAGOJEVICH,
defendants herein, for the purpose of executing the above-described scheme, did
knowingly cause to be transmitted by means of wire and radio communication
in interstate commerce signals and sounds, namely a phone call between ROD
BLAGOJEVICH and Deputy Governor A in Chicago, Illinois, and Advisor A in
Washington, D.C., in which ROD BLAGOJEVICH said that if he gave the
Senate seat to Senate Candidate A, there would be ?tangible political support
. . . specific amounts and everything . . . . some of it up front";
In violation of Title 18, United States Code, Sections 1343 and 1346.
48
COUNT THIRTEEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1(a) through 1(d), 1(h) through 1(k), and 1(m)(iii)
through 1(m)(vii) of Count One are realleged and incorporated as if fully set
forth herein.
2. At times material to this Count of the Superseding Indictment:
a. It was the ordinary course of business for TRS to use the U.S.
mails, private and commercial interstate carriers, and wirings in interstate
commerce, in the course of making investments.
b. TRS Staffer A was the Executive Director of TRS. In that
position, TRS Staffer A had significant influence over the investments made by
TRS. TRS Staffer A was a longtime associate of defendant WILLIAM F.
CELLINI, SR., and CELLINI and TRS Staffer A discussed matters involving
TRS, including matters that affected Commonwealth Realty Advisors.
c. Steven Loren was a lawyer. He and his law firm were outside
counsel for TRS.
d. On or about February 20, 2004, the TRS Board approved
allocations of TRS funds to four real estate management firms, including
allocations totaling $220 million to defendant CELLINI's firm, Commonwealth
Realty Advisors. Prior to the February 2004 TRS Board meeting, TRS staff had
49
planned to recommend that Capri Capital also receive allocations totaling $220
million at the February 2004 TRS Board meeting. Prior to the February 2004
TRS Board meeting, Levine used his influence and position at TRS to change the
TRS staff recommendation with respect to the $220 million allocation to Capri
Capital. The TRS Board did not approve any allocation of TRS funds to Capri
Capital at the February 2004 TRS Board meeting.
e. Pursuant to the laws of the State of Illinois relating to
pensions (40 ILCS 5/1109), Levine, as a member of the TRS Board, was required
to discharge his duties solely in the interest of TRS participants and
beneficiaries and (a) for the exclusive purpose of providing benefits to TRS
participants and their beneficiaries, and (b) with the care, skill, prudence and
diligence under the circumstances then prevailing that a prudent person would
use.
f. Pursuant to the laws of the State of Illinois relating to
pensions (40 ILCS 5/1110), Levine, as a member of the TRS Board, was
prohibited from (a) dealing with the assets of TRS in his own interest or for his
own account, and (b) receiving any consideration for his own personal account
from any party dealing with TRS in connection with a transaction involving the
assets of TRS.
50
g. Pursuant to the State Officials and Employees Ethics Act (5
ILCS 430/5-50), effective December 9, 2003, Levine, as a member of the TRS
Board, was prohibited from having any material communications with a
representative of a party concerning a pending matter, or ex parte contacts,
without reporting that contact to the TRS Board in writing.
The Conspiracy To Defraud
3. Beginning no later than in and about the spring of 2003 and
continuing through in or about the summer of 2005, in the Northern District of
Illinois, Eastern Division, and elsewhere,
CHRISTOPHER KELLY, and
WILLIAM F. CELLINI, SR.,
defendants herein, together with Stuart Levine, Antoin Rezko, Steven Loren,
and others known and unknown to the Grand Jury, did conspire and agree with
each other to devise and participate in a scheme to deprive the beneficiaries of
TRS of their intangible right to Levine's honest services, and it was foreseeable
that for the purposes of executing and attempting to execute such scheme, one
or more members of the conspiracy would use and cause the use of the United
States mails and private and commercial interstate carriers, and the
transmission of a wire communication in interstate commerce, in violation of
Title 18, United States Code, Sections 1341, 1343, and 1346.
51
Overview
4. It was part of the conspiracy that defendants CELLINI and KELLY,
together with Levine and Rezko, agreed to and did use their influence at TRS
and Levine's position at TRS to arrange for TRS to invest with and hire firms
that made contributions for the benefit of Rod Blagojevich. As CELLINI,
KELLY, and Rezko knew, Levine agreed to use his influence and position at TRS
to help the firms that had made contributions for the benefit of Blagojevich even
though Levine understood that those firms were being chosen based on their
political contributions.
5. It was further part of the conspiracy that defendants CELLINI and
KELLY, together with Levine and Rezko, agreed that they would use their
influence and Levine's position at TRS to prevent Thomas Rosenberg's firm,
Capri Capital, from receiving a planned $220 million allocation of TRS funds
unless Rosenberg and Capri Capital agreed to raise or donate a substantial
amount of funds for the benefit of Rod Blagojevich. When Rosenberg threatened
to expose the plan, CELLINI, KELLY, Levine, and Rezko acted together to
prevent Rosenberg from telling law enforcement about the extortion plan. As a
result of Rosenberg's threat, CELLINI, KELLY, Levine, and Rezko agreed that
Capri Capital would receive the $220 million allocation, but that Capri Capital
and Rosenberg would receive no further funds from the State of Illinois.
52
6. It was further part of the conspiracy that defendants CELLINI and
KELLY, and Rezko, agreed to and did engage in ex parte communications with
Levine, other TRS trustees, and TRS staff members, including TRS Staffer A,
concerning official actions and related matters pending before TRS. As
CELLINI and KELLY were aware, Levine concealed from and failed to disclose
to the TRS Board the existence and nature of these ex parte communications.
7. It was further part of the conspiracy that, as defendants CELLINI
and KELLY knew, Levine concealed from and failed to disclose to the TRS Board
material facts concerning the benefits that Levine sought to obtain for and on
behalf of CELLINI, KELLY, Levine, Rezko, Rod Blagojevich, and others for
official actions taken by TRS.
Maintaining Control Over TRS
8. It was further part of the conspiracy that in or about the spring of
2003, defendant CELLINI and Levine agreed that CELLINI would ask
defendant KELLY and Rezko to use their influence with the Blagojevich
administration to defeat a proposal to consolidate TRS with two other State of
Illinois pension funds. Such a consolidation would have jeopardized the
influence that CELLINI and Levine had over the activities of TRS, as well as the
profits received by Commonwealth Realty Advisors as an asset manager for TRS.
53
9. It was further part of the conspiracy that defendant KELLY and
Rezko agreed to and did use their influence with the Blagojevich administration
to defeat the consolidation proposal and that, in return, defendant CELLINI and
Levine agreed to use their influence with TRS to ensure that TRS selected asset
managers and investment firms, and hired professional firms (including law
firms), selected by KELLY and Rezko. KELLY, CELLINI, Rezko, and Levine
further agreed that CELLINI and Levine would use their influence with TRS to
assist asset managers, investment funds, and professional firms that made
substantial contributions to Friends of Blagojevich.
10. It was further part of the conspiracy that defendant KELLY and
Rezko used their influence with the Blagojevich administration to ensure that
KELLY, Rezko, defendant CELLINI, and Levine retained their influence over
the activities of TRS, including by ensuring that Rod Blagojevich reappointed
Levine to an additional term on the TRS Board of Trustees in or about the spring
of 2004.
11. It was further part of the conspiracy that at times defendant KELLY
and Rezko gave Levine the names of firms that KELLY and Rezko wanted TRS
to invest with or hire, in exchange for past or prospective contributions to
Friends of Blagojevich, and that Levine used his influence with TRS to assist
those firms.
54
Attempted Extortion of Thomas Rosenberg and Capri Capital
12. It was further part of the conspiracy that in about April 2004, Levine
told Rezko that they could force Thomas Rosenberg and Capri Capital to pay to
obtain a potential $220 million allocation of TRS funds. Levine and Rezko
agreed that they would use their influence and Levine's position at TRS to
prevent Capri Capital from receiving its $220 million allocation unless Capri
Capital or one of its principals, Rosenberg, agreed to make a payment as Levine
and Rezko directed. Levine, Rezko, and defendant KELLY further agreed that
if Rosenberg and Capri Capital arranged to raise a significant amount of money
in campaign contributions for the benefit of Rod Blagojevich, then Levine, Rezko,
and KELLY would permit Capri Capital to receive the $220 million allocation
from TRS. Levine, Rezko, and KELLY further agreed that Levine would arrange
for defendant CELLINI to communicate to Rosenberg that Capri Capital was not
going to receive its $220 million allocation because of Rosenberg's failure to
make a significant political contribution for the benefit of Blagojevich.
13. It was further part of the conspiracy that in or about early May
2004, Levine informed defendant CELLINI about the plan to require Rosenberg
and Capri Capital to raise or donate money for the benefit of Rod Blagojevich in
order for Capri Capital to receive its $220 million allocation from TRS.
CELLINI agreed to tell Rosenberg that Capri Capital was not going to receive
55
its $220 million allocation because Rosenberg had not made a significant
contribution for the benefit of Blagojevich. CELLINI and Levine agreed that
once Rosenberg understood that the reason Capri Capital was not going to
receive its $220 million allocation was because of Rosenberg's failure to make a
significant contribution for the benefit of Blagojevich, CELLINI would direct
Rosenberg to talk with Levine so that Levine could discuss with Rosenberg how
Rosenberg and Capri Capital could make the necessary contributions for the
benefit of Blagojevich to ensure that Capri Capital would receive its $220 million
allocation.
14. It was further part of the conspiracy that on or about May 6, 2004,
Levine told TRS Staffer A that defendant CELLINI was going to tell Rosenberg
that Rezko was shocked that Rosenberg wanted to receive the $220 million
allocation from TRS without having made any political contributions for the
benefit of Blagojevich and that Rosenberg was going to have to deal with Rezko.
15. It was further part of the conspiracy that on or about May 7, 2004,
defendant CELLINI told Rosenberg that there had been a meeting involving
Rezko and defendant KELLY concerning plans for raising political donations for
the benefit of Rod Blagojevich from pension fund managers, and that during this
meeting Rezko had observed that Capri Capital had a lot of TRS funds under
management but had not made any political donations for the benefit of
56
Blagojevich. CELLINI told Rosenberg words to the effect that Capri Capital had
not received its $220 million allocation from TRS because of its failure to make
political donations for the benefit of Blagojevich.
16. It was further part of the conspiracy that on or about May 7, 2004,
after defendant CELLINI told Rosenberg about the reasons that Capri Capital
had not received its $220 million allocation, CELLINI called Levine. In that call,
CELLINI told Levine about Rosenberg's reaction when CELLINI had explained
to Rosenberg that Capri Capital would not receive the $220 million allocation
because Rosenberg had failed to make a political donation for the benefit of Rod
Blagojevich.
17. It was further part of the conspiracy that on or about May 8, 2004,
defendant CELLINI called Levine and reported on another conversation
CELLINI had with Rosenberg earlier that day in which Rosenberg advised
CELLINI that Rosenberg would not be extorted. CELLINI further told Levine
that Rosenberg had threatened to inform law enforcement about the extortion.
CELLINI and Levine discussed ways in which they could deal with Rosenberg's
threat to inform law enforcement about the extortion.
18. It was further part of the conspiracy that on or about May 10, 2004,
defendant CELLINI informed defendant KELLY about Rosenberg's threat to
expose the extortion plan.
57
19. It was further part of the conspiracy that on or about May 10, 2004,
defendant CELLINI told Levine about CELLINI's prior conversation with
defendant KELLY about Rosenberg's threat to expose the extortion plan. In that
conversation, CELLINI and Levine further discussed ways in which they could
discourage Rosenberg from going to law enforcement to expose the extortion
plan.
20. It was further part of the conspiracy that on or about May 11, 2004,
defendants CELLINI and KELLY, together with Stuart Levine and Rezko,
agreed that in light of Rosenberg's threat to inform law enforcement about the
extortion, it was too risky to continue demanding money from Rosenberg and
Capri Capital or blocking the $220 million allocation to Capri Capital.
21. It was further part of the conspiracy that defendants CELLINI and
KELLY, together with Levine and Rezko, agreed that although Capri Capital
would receive the $220 million allocation, it would not receive any further
business from any State of Illinois entity, including TRS.
22. It was further part of the conspiracy that after the discussion
involving defendants CELLINI and KELLY, and Levine and Rezko, on or about
May 11, 2004, CELLINI spoke with Thomas Rosenberg on several occasions for
the purpose of discouraging him from disclosing the extortion attempt, falsely
advising Rosenberg that Rezko, Levine, and KELLY had nothing to do with
58
Capri Capital's failure to receive its $220 million allocation, and representing
that CELLINI and Levine had used their influence with TRS staff to ensure that
Capri Capital would receive its allocation.
23. It was further part of the conspiracy that after the meeting on or
about May 11, 2004, defendant CELLINI and Levine used their influence and
Levine's position at TRS to ensure that Capri Capital received its $220 million
allocation at the next TRS Board meeting so that the extortion plan against
Rosenberg and Capri Capital would not be revealed. On or about May 25, 2004,
the TRS Board, including Levine, voted to allocate a total of $220 million to
Capri Capital.
Concealment
24. It was further part of the conspiracy that defendants CELLINI and
KELLY, together with Levine, Rezko, and their co-conspirators, did
misrepresent, conceal and hide, and cause to be misrepresented, concealed, and
hidden, the acts done in furtherance of the conspiracy and the purposes of those
acts.
25. It was further part of the conspiracy that in or around the summer
of 2004, defendants CELLINI and KELLY, and Rezko and others, discussed
moving TRS Staffer A from his position at TRS into another job with a different
59
state entity in an effort to ensure that TRS Staffer A would not cooperate with
law enforcement authorities.
26. It was further part of the conspiracy that in or around the summer
and fall of 2004, in an effort to conceal the conspiracy, defendant CELLINI,
Rezko and others discussed the possibility of removing the U.S. Attorney for the
Northern District of Illinois in an effort to stop any investigation into the
co-conspirators and others;
In violation of Title 18, United States Code, Section 1349.
60
COUNT FOURTEEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 and 2 of Count Thirteen of this Superseding
Indictment are realleged and incorporated as if fully set forth herein.
2. Beginning in or about April 2004 and continuing through at least in
or about the summer of 2005, in the Northern District of Illinois, Eastern
Division, and elsewhere,
CHRISTOPHER KELLY, and
WILLIAM F. CELLINI, SR.,
defendants herein, did conspire with Stuart Levine, Antoin Rezko, and others,
to commit extortion, which extortion would obstruct, delay, and affect commerce,
in that they attempted to obtain property, in the form of political contributions
for the benefit of Rod Blagojevich from Thomas Rosenberg and Capri Capital,
with Rosenberg's and Capri Capital's consent induced under the color of official
right, and by the wrongful use of actual and threatened fear of economic harm.
Overview of the Conspiracy
3. It was part of the conspiracy that defendants CELLINI and KELLY,
together with Levine and Rezko, agreed that they would use their influence and
Levine's position at TRS to prevent Thomas Rosenberg's firm, Capri Capital,
from receiving a planned $220 million allocation of TRS funds unless Rosenberg
and Capri Capital agreed to raise or donate a substantial amount of money in
61
the form of campaign contributions for the benefit of Rod Blagojevich. When
Rosenberg threatened to expose the plan, CELLINI, KELLY, Levine, and Rezko
acted together to prevent Rosenberg from telling law enforcement about the
extortion plan. As a result of Rosenberg's threat, CELLINI, KELLY, Levine, and
Rezko agreed that Capri Capital would receive the $220 million allocation, but
that Capri Capital and Rosenberg would receive no further funds from the State
of Illinois.
4. Paragraphs 12 through 26 of Count Thirteen of this Superseding
Indictment are realleged and incorporated as if fully set forth herein;
In violation of Title 18, United States Code, Sections 1951(a) and 2.
62
COUNT FIFTEEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1 and 2 of Count Thirteen are realleged and
incorporated as though fully set forth herein.
2. Beginning in or about April 2004 and continuing through at least in
or about the summer of 2005, in the Northern District of Illinois, Eastern
Division, and elsewhere,
CHRISTOPHER KELLY, and
WILLIAM F. CELLINI, SR.,
defendants herein, together with Stuart Levine, Antoin "Tony" Rezko, and
others, did attempt to commit extortion, which extortion would obstruct, delay,
and affect commerce, in that the defendant attempted to obtain property, in the
form of political contributions for the benefit of Rod Blagojevich from Thomas
Rosenberg and Capri Capital, with Rosenberg's and Capri Capital's consent
induced under the color of official right, and by the wrongful use of actual and
threatened fear of economic harm;
In violation of Title 18, United States Code, Sections 1951(a) and 2.
63
COUNT SIXTEEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraph 1(a) of Count One is realleged and incorporated as though
fully set forth herein.
2. Beginning in or about October 2008 and continuing through on or
about December 9, 2008, in the Northern District of Illinois, Eastern Division,
and elsewhere,
ROD BLAGOJEVICH,
defendant herein, and others did attempt to commit extortion, which extortion
would obstruct, delay, and affect commerce, in that the defendant attempted to
obtain property, in the form of political contributions for the benefit of ROD
BLAGOJEVICH from the Chief Executive Officer of Children's Memorial
Hospital, and Children's Memorial Hospital, with the consent of the Chief
Executive Officer and Children's Memorial Hospital induced under the color of
official right, and by the wrongful use of actual and threatened fear of economic
harm;
In violation of Title 18, United States Code, Sections 1951(a) and 2.
64
COUNT SEVENTEEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1(a) and 1(e) of Count One are realleged and
incorporated as though fully set forth herein.
2. Beginning in or about October 2008 and continuing through on or
about December 9, 2008, in the Northern District of Illinois, Eastern Division,
and elsewhere,
ROD BLAGOJEVICH,
defendant herein, did conspire with Alonzo Monk and others to commit
extortion, which extortion would obstruct, delay, and affect commerce, in that
they attempted to obtain property, in the form of political contributions for the
benefit of ROD BLAGOJEVICH from Racetrack Executive and two horse racing
tracks with which Racetrack Executive was affiliated, with the consent of
Racetrack Executive and the horse racing tracks induced under the color of
official right, and by the wrongful use of actual and threatened fear of economic
harm.
3. It was part of the conspiracy that on or about November 13, 2008,
defendant ROD BLAGOJEVICH told Robert Blagojevich that he wanted
campaign contributions to be raised by the end of the year by Racetrack
Executive, who, as ROD BLAGOJEVICH knew, managed horse racing tracks
65
that would financially benefit from a bill pending in the Illinois legislature that
would require certain Illinois casinos to give money to a fund that would be used
to help the Illinois horse racing industry (the "Racing Bill"). At that time, as
ROD BLAGOJEVICH knew, Monk had been trying to arrange a contribution
from Racetrack Executive, and ROD BLAGOJEVICH had set a goal of raising
$100,000 in contributions from and through Racetrack Executive.
4. It was further part of the conspiracy that defendant ROD
BLAGOJEVICH had further conversations with Monk about the Racing Bill
after it was passed by the Illinois legislature on or about November 20, 2008. In
those conversations, ROD BLAGOJEVICH and Monk discussed whether ROD
BLAGOJEVICH would sign the bill, and whether and when Racetrack Executive
would arrange for a campaign contribution to ROD BLAGOJEVICH. On or
about December 3, 2008, ROD BLAGOJEVICH indicated to Monk that he was
concerned that Racetrack Executive would not make a contribution by the end
of the year if he signed the Racing Bill before the contribution was made. As a
result, Monk and ROD BLAGOJEVICH agreed that Monk would speak with
Racetrack Executive to ensure that Racetrack Executive would make a
contribution by the end of the year.
5. It was further part of the conspiracy that after meeting with
defendant ROD BLAGOJEVICH on or about December 3, 2008, Monk visited
66
Racetrack Executive. During that visit, Monk communicated to Racetrack
Executive that ROD BLAGOJEVICH was concerned that Racetrack Executive
would not make a contribution to ROD BLAGOJEVICH if the Racing Bill was
signed before the contribution was made.
6. It was further part of the conspiracy that after meeting with
Racetrack Executive on or about December 3, 2008, Monk reported to defendant
ROD BLAGOJEVICH that Monk had said to Racetrack Executive, "look, there
is a concern that there is going to be some skittishness if your bill gets signed
because of the timeliness of the commitment," and made it clear to Racetrack
Executive that the contribution has "got to be in now." ROD BLAGOJEVICH
responded, "good," and "good job."
7. It was further part of the conspiracy that on or about December 4,
2008, Monk asked defendant ROD BLAGOJEVICH to call Racetrack Executive
and to suggest that ROD BLAGOJEVICH would sign the Racing Bill, because
this would be better "from a pressure point of view." ROD BLAGOJEVICH
agreed to call Racetrack Executive.
8. It was further part of the conspiracy that defendant ROD
BLAGOJEVICH and Monk did misrepresent, conceal and hide, and cause to be
misrepresented, concealed, and hidden, the acts done in furtherance of the
conspiracy and the purposes of those acts;
In violation of Title 18, United States Code, Sections 1951(a) and 2.
67
COUNT EIGHTEEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraph 1(a) of Count One is realleged and incorporated as though
fully set forth herein.
2. Beginning in or about October 2008 and continuing through
December 9, 2008, in the Northern District of Illinois, Eastern Division, and
elsewhere,
ROD BLAGOJEVICH,
defendant herein, and others did attempt to commit extortion, which extortion
would obstruct, delay, and affect commerce, in that the defendant attempted to
obtain property, in the form of political contributions for the benefit of ROD
BLAGOJEVICH from Construction Executive (who was both an executive with
a company that supplied materials for road construction, and a representative
of a trade group involved with the construction of roads), and from the company
that employed Construction Executive, with the consent of Construction
Executive and his employer induced under the color of official right, and by the
wrongful use of actual and threatened fear of economic harm;
In violation of Title 18, United States Code, Sections 1951(a) and 2.
68
COUNT NINETEEN
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. Paragraphs 1(a) and (b) of Count One are realleged and incorporated
as though fully set forth herein.
2. In 2005, the Federal Bureau of Investigation was investigating
corruption and fraudulent conduct relating to the Office of the Governor of
Illinois and related entities and individuals (the "Investigation"). As of March
16, 2005, the following matters, among others, were material to the
Investigation:
a. Whether defendant ROD BLAGOJEVICH and his associates
solicited business entities for campaign contributions for the benefit of ROD
BLAGOJEVICH in exchange for obtaining or keeping state contracts and other
business opportunities with State agencies, boards, and commissions;
b. Whether defendant ROD BLAGOJEVICH and his associates
solicited individuals for campaign contributions for the benefit of ROD
BLAGOJEVICH as a condition of obtaining state employment and appointments
to state boards and commissions;
c. Whether defendant ROD BLAGOJEVICH and his associates
required that campaign contributions for the benefit of ROD BLAGOJEVICH be
in certain amounts in order for the contributors to obtain state employment,
69
appointments to state boards and commissions, state contracts, and other
business opportunities with state entities;
d. Whether, after becoming Governor of Illinois, defendant ROD
BLAGOJEVICH kept informed of the individuals and entities contributing to his
political campaign and the amounts of the contributions.
2. On or about March 16, 2005, in Chicago, in the Northern District of
Illinois, Eastern Division,
ROD BLAGOJEVICH,
defendant herein, did knowingly and willfully make materially false, fictitious
and fraudulent statements and representations in a matter within the
jurisdiction of the Federal Bureau of Investigation, an agency within the
executive branch of the Government of the United States, when ROD
BLAGOJEVICH, interviewed by agents of the Federal Bureau of Investigation
in the presence of his counsel, stated in sum and substance that:
Since the time that he became governor,
(i) ROD BLAGOJEVICH maintains a separation or firewall between
politics and state business; and
(ii) ROD BLAGOJEVICH does not track, or want to know, who
contributes to him or how much they are contributing to him;
70
Whereas, in truth and in fact, as ROD BLAGOJEVICH then well knew,
these statements were false;
In violation of Title 18, United States Code, Section 1001(a)(2).
71
FORFEITURE ALLEGATION ONE
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. The allegations contained in Count One are realleged and
incorporated by reference for the purposes of alleging forfeiture pursuant to Title
18, United States Code, Section 1963.
2. As a result of the violation of Title 18, United States Code, Section
1962(d), as alleged in the foregoing indictment,
ROD BLAGOJEVICH,
defendant herein:
a. has acquired and maintained interests in violation of Title 18,
United States Code, Section 1962, which interests are subject to forfeiture to the
United States pursuant to Title 18, United States Code, Section 1963(a)(1);
b. has interests in, claims against, and property and contractual
rights affording sources of influence over, the enterprise, described in Count
One, which the defendant established, operated, controlled, conducted, and
participated in the conduct of, and conspired to do so, in violation of Title 18,
United States Code, Section 1962, thereby making all such interests, claims, and
property and contractual rights subject to forfeiture to the United States of
America pursuant to Title 18, United States Code, Section 1963(a)(2); and
72
c. has property constituting and derived from proceeds obtained,
directly and indirectly, from racketeering activity in violation of Title 18, United
States Code, Section 1963(a)(3).
3. The interests of the defendant subject to forfeiture to the United
States pursuant to Title 18, United States Code, Section 1963(a)(1) and (a)(2)
include but are not limited to:
All funds, certificates of deposit, letters of credit and assets held by
Ravenswood Bank, DuQuoin State Bank, First Suburban National Bank,
and Community Bank of DuPage in the name of or on behalf of Friends of
Blagojevich.
4. The interests of the defendant subject to forfeiture to the United
States pursuant to Title 18, United States Code, Section 1963(a)(3), include but
are not limited to approximately $188,370.
5. To the extent that the property and the proceeds described above as
being subject to forfeiture pursuant to Title 18, United States Code, Section
1963, as a result of any acts or omission by the defendant:
cannot be located upon the exercise of due diligence;
have been transferred or sold to, or deposited with, a third party;
have been placed beyond the jurisdiction of the Court;
have been substantially diminished in value, or;
have been commingled with other property which cannot be
subdivided without difficulty;
73
it is the intent of the United States of America, pursuant to Title 18, United
States Code, Section 1963(m), to seek forfeiture of any other property of the
defendant up to the value of the proceeds and property described above as being
subject to forfeiture, including:
a. Real property located at 1736 18th Street, NW, Apartment
303, Washington, DC, 20009-6105 and legally described as
follows:
Lot 2075, Block 0133, Map 40 D
PIN: 0133 // 2075
b. Real property located at 2934 Sunnyside Avenue, Chicago,
Illinois, and legally described as follows:
LOT 24 AND THE SOUTH 20 FEET OF LOT 25 IN BLOCK
52 IN RAVENSWOOD MANOR, BEING A SUBDIVISON OF
PART OF THE NORTH 1⁄2 OF SECTION 12, TOWNSHIP 40
NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS
PIN: 13-13-121-031;

Pursuant to Title 18, United States Code, Section 1963.
74
FORFEITURE ALLEGATION TWO
The SPECIAL FEBRUARY 2008-2 GRAND JURY further charges:
1. The allegations contained in Counts Two through Twelve are
realleged and incorporated by reference for the purposes of alleging forfeiture
pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28,
United States Code, Section 2461(c).
2. As a result of the violations of Title 18, United States Code, Sections
1343 and 1346, as alleged in the foregoing indictment,
ROD BLAGOJEVICH,
defendant herein, shall forfeit to the United States, pursuant to Title 18, United
States Code, Section, 981(a)(1)(C), and Title 28, United States Code, Section
2461(c), any and all right, title and interest in property, real and personal, which
constitutes and is derived from proceeds traceable to the charged offenses.
3. The interests of the defendant subject to forfeiture pursuant to Title
18, United States Code, Section, 981(a)(1)(C) and Title 28, United States Code,
Section 2461(c) include but are not limited to approximately $188,370.
4. If any of the property subject to forfeiture and described above, as
a result of any act or omission of the defendant:
Cannot be located upon the exercise of due diligence;
Has been transferred or sold to, or deposited with, a third party;
75
Has been placed beyond the jurisdiction of the Court;
Has been substantially diminished in value; or
Has been commingled with other property which cannot be divided
without difficulty,
the United States of America shall be entitled to forfeiture of substitute property
under the provisions of Title 21, United States Code, Section 853(p), as
incorporated by Title 28, United States Code, Section 2461(c), including
a. Real property located at 1736 18th Street, NW, Apartment
303, Washington, District of Columbia, 20009-6105 and
legally described as follows:
Lot 2075, Block 0133, Map 40 D
PIN: 0133 // 2075
b. Real property located at 2934 Sunnyside Avenue Chicago,
Illinois, and legally described as follows:
LOT 24 AND THE SOUTH 20 FEET OF LOT 25 IN BLOCK
52 IN RAVENSWOOD MANOR, BEING A SUBDIVISON OF
PART OF THE NORTH 1⁄2 OF SECTION 12, TOWNSHIP 40
NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS
PIN: 13-13-121-031;

Pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title
28, United States Code, Section 2461(c).
______________________________
F O R E P E R S O N
________________________________
UNITED STATES ATTORNEY

2 Comments

bankrupt?

You need think about it. Despite the emails, the overwhelming evidence showing global warming is happening hasn't changed.
"The e-mails do nothing to undermine the very strong scientific consensus . . . that tells us the Earth is warming, that warming is largely a result of human activity," Jane Lubchenco, who heads the National Oceanic and Atmospheric Administration, told a House committee. She said that the e-mails don't cover data from NOAA and NASA, whose independent climate records show dramatic warming.

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Lynn Sweet

Lynn Sweet is a columnist and the Washington Bureau Chief for the Chicago Sun-Times.

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This page contains a single entry by Lynn Sweet published on April 2, 2009 9:01 PM.

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