Michael J. Madigan v. United States

The government prosecuted Michael Madigan, former Speaker of the Illinois House of Representatives, under the federal-program bribery statute, 18 U.S.C. § 666(a)(1)(B), on the theory that he corruptly promised to help a utility company in connection with future, unidentified legislation in exchange for a “stream of benefits” in the form of jobs for Madigan’s political associates. The government also prosecuted Speaker Madigan under the honest-services fraud statutes, 18 U.S.C. §§ 1343 and 1346, on the theory that he separately promised to recommend a local politician to the governor-elect for a position on a state board in exchange for the politician’s referring potential clients to Madigan and his son. For both sets of counts, the parties agreed to define the quid pro quo element by reference to the definition of “official act” in 18 U.S.C. § 201(a)(3). The questions presented are:

1. Whether a public official acts “corruptly” under § 666(a)(1)(B) merely because he understands the alleged bribe-giver’s intent to influence or reward the official in connection with his official duties.

2. Whether future, unidentified legislation affecting a company’s financial struggles is a sufficiently specific “question or matter” under 18 U.S.C. § 201(a)(3).

3. Whether a legislator’s alleged promise to make a job recommendation to a governor-elect constitutes an “official act” under 18 U.S.C. § 201(a)(3).