Politics

Blagojevich Trial: Count by Count

Tuesday, August 17, 2010

A breakdown of the trial-- count by count-- of former governor Rod Blagojevich

Count 1: RACKETEERING
Count 2: RACKETEERING CONSPIRACY
Count 3: WIRE FRAUD
Count 4: WIRE FRAUD
Count 5: WIRE FRAUD
Count 6: WIRE FRAUD
Count 7:WIRE FRAUD
Count 8: WIRE FRAUD
Count 9: WIRE FRAUD
Count 10: WIRE FRAUD
Count 11: WIRE FRAUD
Count 12: WIRE FRAUD
Count 13: WIRE FRAUD
Count 14: ATTEMPTED EXTORTION
Count 15: ATTEMPTED EXTORTION
Count 16: BRIBERY
Count 17: EXTORTION CONSPIRACY
Count 18: BRIBERY CONSPIRACY
Count 19: ATTEMPTED EXTORTION
Count 20: BRIBERY
Count 21: EXTORTION CONSPIRACY
Count 22:ATTEMPTED EXTORTION
Count 23: BRIBERY CONSPIRACY
Count 24: FALSE STATEMENTS

COUNT 1
Racketeering

Racketeering Act #1
The Pension Obligation Deal
1 (a) Conspiracy to Commit Bribery
Rod, Monk, Kelly, and Rezko allegedly ensured lucrative state business relating to the refinancing of billions of dollars in the State of Illinois Pension Obligation Bonds
1 (b) Bribery

Racketeering Act #2
Solicitation of United States Congressman A (RAHM EMANUEL)

2 (a) Attempted Extortion
From 2005-2006 Rod allegedly attempted extortion of Rahm Emanuel and Rahm's brother, Ari Emanuel (a wealthy Hollywood agent), in exchange for not obstructing, delaying or affecting the $2 million grant to a state funded school in Rahm's congressional district when he was Congressman.
2 (b) Attempted Bribery

Racketeering Act #3
Solicitation of Children's Memorial Hospital

3 (a) Attempted Extortion
October 2008 - December 9, 2008 Rod allegedly attempted to obtain a campaign contribution ($25,000) from CEO of Children's Memorial, Pat Magoon, shortly after approving reimbursement rates for specialty - care pediatric physicians for the hospital.
3 (b) Attempted Bribery
October 2008 - December 9, 2008 Rod allegedly would improperly influence the increase of reimbursement rates for specialty - care pediatric physicians.
3 (c) Wire Fraud
Phone call on October 17, 2008 - Rod called Pat Magoon at 11:30 EST, while Magoon was vacationing in Florida, to tell him he had approved a $10 million increase in physician Medicaid payments for pediatric specialists effective January 1, 2009.

Racketeering Act#4
Solicitation of Racetrack Executive

4 (a) Conspiracy to Commit Extortion
December 3, 2008 - December 9, 2008 Rod allegedly conspired with Lon Monk and others to commit extortion in the form of campaign contributions from John Johnston and threatened fear of economic harm - not resigning the Racetrack Bill.
4 (b) Conspiracy to Commit Bribery
Rod and Lon Monk allegedly conspired to commit bribery - getting political contributions in exchange for signing the Racetrack Bill that would financially help the Illinois racing industry.
4 (c) Wire Fraud
12/4/08 phone call between Rod and Lon Monk. Rod agreed with Monk that in order to obtain the campaign contribution sought from John Johnston in exchange for signing the Racetrack Bill, it would be better "from a pressure point of view" for Rod to call Johnston himself.

Racketeering Act #5
Solicitation of Highway Contractor

5 (a) Attempted Extortion
September 2008 - December 9, 2008 - allegedly attempted to commit extortion of Gerald Krozel into raising $500,000 in contributions.
5 (b) Attempted Bribery
Tried to obtain campaign contributions in exchange for increasing funding for road building programs after announcing a $1.8 billion project involving the Tollway

Racketeering Act #6
Effort to Obtain Personal Financial Benefits for Rod Blagojevich
In Return for his Appointment of a United States Senator

6 (a) Conspiracy to Commit Extortion
October 2008 - December 9, 2008 - Rod allegedly conspired with Robert, John Harris and others to commit extortion in relation to the appointment of the US Senate seat.
6 (b) Attempted Extortion
October 2008 - December 9, 2008 - Rod along with Robert, John Harris and others did attempt to commit extortion in relation to the appointment of the US Senate seat.
6 (c) Conspiracy to Commit Bribery
October 2008 - December 9, 2008 - Rod allegedly conspired with Robert, John Harris and others to commit bribery in relation to the appointment of the US Senate seat.
6 (d) Wire Fraud - 11/1/2008 - Rod and Robert [same as Count 4]
Robert gives an update on the solicitation of campaign contributions from Krozel and Johnston, discussed potential contributions from Blair Hull and Jesse Jackson, Jr.
6 (e) Wire Fraud - 11/7/2008 - Rod, Harris, Yang [same as Count 5]
Rod discusses the HHS appointment.
6 (f) Wire Fraud - 11/10/2008 - Rod, Harris & others [same as Count 6]
Rod discusses financial benefits which Rod could request in exchange for appointment of the senate seat.
6 (g) Wire Fraud - 11/12/2008 - Rod and Yang [same as Count 7]
Rod talks about the 501(c)(4) with Yang and getting "10,15, 20 million dollars in it"
6 (h) Wire Fraud - 11/12/2008 - Rod and Tom Balanoff [same as Count 8]
Rod mentions Soros and Buffett with the 501(c)(4) and "help our new Senator Valerie Jarrett go out and & push that."
6 (i) Wire Fraud - 11/12/2008 - Rod and Tom Balanoff [same as Count 9]
Appoint Valerie Jarrett but mentioned the 501(c)(4)
6 (j) Wire Fraud - 11/13/2008 - Rod, Scofield [same as Count 10]
Proposing the non profit idea to Rahm that would be "unsaid"
6 (k) Wire Fraud - 11/13/2008 - Rod, Scofield [same as Count 11]
Rod asks Scofield to call Wyma and present Rahm with the non profit idea
6 (l) Wire Fraud - 12/4/2008 - Rod, Greenlee, Yang [same as Count 13]
Rod says in regards to appointing Jesse there is "tangible, concrete tangible stuff"

COUNT 2
Racketeering Conspiracy
Same breakdown as under the charge of Racketeering.

COUNT 3
Wire Fraud

Oct 17, 2008 Phone call from Rod Blagojevich (in Chicago, IL) to Patrick Magoon (vacationing in Florida). Rod tells Magoon that he has approved an increase in the reimbursement rate for specialty-care pediatric physicians at Children's Memorial Hospital.
This call was not recorded and therefore not played during trial.

COUNT 4 (Rod and Robert charged)
Wire Fraud

November 1, 2008 phone call from Rod (in Chicago) and Robert (in Tennessee) where Robert gives Rod an update on the solicitation of campaign contributions from Construction Exec (KROZEL) and Racetrack Exec (JOHNSTON), and they discussed potential contributions from Senate Candidate C (Blair Hull) and Senate Candidate A (Jesse Jackson, Jr.).
BINDER 1/ TAB 8, SESSION 87
BLAGOJEVICH Blair Hull. Somebody should call him, Lon just procrastinates, I don't know what the f--k he does. But somebody should ask him for a hundred thousand.
[. . .]
ROBERT BLAGOJEVICH Still waiting on Krozel but he said, you know, the timing is good for the, quote, the timing is good for the Johnstons right now, so I don't know what that means.
[. . .]
BLAGOJEVICH Yeah. He's got people calling my house now, Jesse, Jr.
ROBERT BLAGOJEVICH Well he's putting the full court press on ya. He's gonna raise ya money pal.

COUNT 5
Wire Fraud

November 7, 2008 phone call between Rod, John Harris and Advisor A (FRED YANG) (in D.C.) discussed financial benefits which Rod could request in exchange for the appointment of Senate Candidate B (VALERIE JARRETT)
BINDER 1/ TAB 33, SESSIONS 403, 405, 406, 408
p. 4/49
BLAGOJEVICH Where, whereas I, I wanna be active to do things that I care about. So I threw out, so I said to him, you know, I, I told him, uh, "Health, Department of Health of Human Services."
[. . .]
p. 5/49
BLAGOJEVICH "And if I'd get that, and, and, and if, if that was somethin' available to me and maybe it's really unrealistic, but if that was available to me I could do Valerie Jarrett in a heartbeat."
[. . .]
p. 26/49
BLAGOJEVICH Would the, well, here, the way I look at it is it would be a, you'd be the national director of an organization that's really...
[. . .]
p. 47/49
BLAGOJEVICH "Change to Win" scenario. A Cabinet appointment. An ambassadorship. Some other thing. You know what I mean? University professor, but you know, president, whatever. You know what I mean? Whatever these vehicles are that people use and then how do you then get on a stage where you can kinda get a little bit known and develop it and you've got, one thing you've got is you've been governor of a big state and6 I don't care what these assholes here say, I think I've been a, I feel like I've been a great governor. I feel like I've been a great governor, for people.

COUNT 6
Wire Fraud
November 10, 2008 Phone call conference between Rod and several advisors discussing financial benefits which Rod could request in exchange for the appointment of Senate Candidate B (VALERIE JARRETT).
BINDER 1/TAB 34/ SESSION 451
p. 5/17
BLAGOJEVICH Go, yeah, okay. What do you think I can get? You said I can't get any, I, I already made a request for Health and Human Services, okay? We're very confident we're not, I'm not getting that, right?
KNAPP Right.
BLAGOJEVICH You don't believe I can be ambassador to India?
KNAPP No.
[. . .]
p.7/17
BLAGOJEVICH Okay, so what about cor-, paid corporate boards? What about that? What about labor? What about her Series 7 license? Quinlan?
QUINLAN I don't know about the Series 7. I just don't know what (UI).
BLAGOJEVICH So, what about corporate boards, Bill?
KNAPP Can we approach this two ways?
BLAGOJEVICH Mm-hmm.
KNAPP What can Obama do that, at the end of two years makes you better able to earn a living?
BLAGOJEVICH Look it, we're struggling here now.
[. . .]
p. 8/17
BLAGOJEVICH Everybody. Everybody. I mean we're struggling financially. Okay, her business got dried up because the Tribune's been f--king writing about every one of her real estate clients. You know I should've f--kin' looked the other way on the landfill and then my father-in-law would take care of us. I should've f--king done that. Incidentally he's making money on that thing against you know, in violation of state law. I mean you guys are telling me I just gotta suck it up for two years and do nothing. Give this mother f--ker, his senator. F--k him. For nothing? F--k him. I'll put Louanner there before I do that.

COUNT 7
Wire Fraud

November 12, 2008 phone call between Rod and Advisor A (FRED YANG) about getting a not-for-profit organization for appointment of Senate Candidate B (VALERIE JARRETT).
BINDER 1/TAB 44/ SESSIONS 533, 535
p. 5/9
BLAGOJEVICH Right. Yeah. Um, so, hey, what about a, uh, we, we create a 501(c)(4). Okay?
YANG Yeah, uh huh.
BLAGOJEVICH An issue advocacy group.
YANG Yeah.
BLAGOJEVICH We get help to put 10, 15, 20 million dollars in it.
[. . .]
p. 6/9
BLAGOJEVICH And it, it's also designed to help Obama, the new administration and the new senator get it done at the federal level.
YANG Okay.
BLAGOJEVICH And it's a vehicle that's, you know, there, and works with me as governor and their agenda in Washington.
YANG Okay.
BLAGOJEVICH And then when I'm no longer governor, it's a place for me to, um, to, among the places to go, comparable to "Change to Win" idea.
YANG Interesting.
BLAGOJEVICH Where I could, you know, be an advocate16 for something like that and, you know, be on top of it.
YANG (UI) Progressive Prairie PAC or whatever.
BLAGOJEVICH A progressive what?
YANG Progressive P-, Prairie PAC or somethin' like that. Um, yeah, okay, that's interesting. Uh, alright. Huh. That's cool. That's good.
BLAGOJEVICH Yeah.
YANG At least it's, it's another version of "Change to Win".
BLAGOJEVICH Correct.
[. . .]
p. 7/9
BLAGOJEVICH Yeah, and you know, they'd have to help us, they'd have to put it, get the3 resources for it to put it together. That'd be, you know, now, again, maybe she doesn't want to be senator anymore, maybe that's not of interest to them, but...

COUNT 8
Wire Fraud

November 12, 2008 phone call between Rod and Tom Balanoff in which Rod wanted a non profit organization in exchange for appointment of Valerie Jarrett.
BINDER 2/TAB 47/SESSION 541
p. 7/8
BLAGOJEVICH And creating a 501(c)(4) that if I'm no longer an elected official I can possibly work with but right now...
BALANOFF Right.
BLAGOJEVICH ...while I'm an elected official it would help me push stuff here and at the federal level, which helps us here in Illinois, that'd be very attractive. And you know George Soros and Buffet and all those guys...
BALANOFF Right.
BLAGOJEVICH ...you know, overnight can put 10, 15,20 million dollars in an advocacy group like that couldn't they?
BALANOFF Right. Yeah, they could.
BLAGOJEVICH Yeah, and then we could help our new29 Senator Valerie Jarrett go out and, uh...
BALANOFF Yeah, there you go.
BLAGOJEVICH ...push that.

COUNT 9
Wire Fraud

November 12, 2008 phone call between Rod Blagojevich and Tom Balanoff in which Rod says he could really appoint Valerie Jarrett but also brings up a non profit organization.
BINDER 2/TAB 49/SESSION 546
p. 2/3
BLAGOJEVICH ...you know if she really wants to be a2 senator...
BALANOFF Yeah.
BLAGOJEVICH ...it's a very real possibility. It could happen.
[. . .]
p. 3/3
BLAGOJEVICH Okay, 501(C)(4), I mean use your judgement on how we talk about that,5 but.
BALANOFF Yeah.

COUNT 10
Wire Fraud

November 13, 2008 phone call between Rod and Doug Scofield (ADIVSOR B, in Michigan) about proposing the non profit idea to US Congressman A (Rahm Emanuel) for the US Senate seat that would be "unsaid."
BINDER 2/TAB 60/ SESSION 624
p.3-4/6
BLAGOJEVICH No, they don't want me there. Anyway, so do we talk to Tom Balanoff to see if Andy Stern can go to Rahm and say hey look, will you help this guy with his 501(c)(4) on health care. You follow me?
SCOFIELD Okay.
BLAGOJEVICH And I, and, ah, my, my strategic goal would be to have Rahm have it in his head sooner rather than later. Like today, tomorrow. Not in connection with Senate appointment or, or anything in his 5th CD.
SCOFIELD Okay.
BLAGOJEVICH You know just sort of like hey, this is what, is there a way to help him. You guys get Buffett and Warren Buffett and all these guys to fund it. You see what I'm sayin' Doug?
SCOFIELD I do, but this, this, we're not talking as part of discussions for anything else.
BLAGOJEVICH Well, it's unsaid. You understand what I'm sayin'?
SCOFIELD Yeah.
BLAGOJEVICH It's unsaid.

COUNT 11
Wire Fraud

November 13, 2008 phone call between Rod and Doug Scofield (Advisor B, in Michigan) where Rod asks Scofield to call John Wyma (Lobbyist A) and present Rahm Emanuel with the non profit idea which would be a "play" to get something back for the US Senate seat.
BINDER 2/TAB 62/SESSION 627
p. 2-3/6
BLAGOJEVICH But just say, hey look, you know what, you know, ah, you should know he's interested in putting this together. In other words, he should put it in his18 head. You, he's saying he's interested in putting together a 501(c)(4) issue advocacy, ah, group, you know, like the children's defense fund for, you know, children's health care.
[. . .]
BLAGOJEVICH And ah, you know, and... So the mission for Wyma is to, essentially put it in Rahm's head that we would like them to 36 help us, you know, fund it.
BLAGOJEVICH Right?
SCOFIELD ...I assume, while it's not said, this is a play to...
BLAGOJEVICH Correct.
SCOFIELD ...put, put in play other things...
BLAGOJEVICH Correct.
SCOFIELD And is this because, just so I understand it, because we think there's still some life in Valerie potentially

COUNT 12
Wire Fraud

December 4, 2008 phone call between Rod and Lon Monk (in Miami) where they talk about getting a campaign contribution from John Johnston "from a pressure point of view."
BINDER 2/TAB 88/SESSION 512
BLAGOJEVICH I mean, you want me to call him directly I will, whatever's the best thing. I'm just a little bit...
MONK I think it's better if you do it.
BLAGOJEVICH Okay.
MONK For... It, it's better if you do it just from a pressure point of view.
BLAGOJEVICH Yeah, good. I'll call him and say yeah, we'll, and we want to do an event down, down so-, down so-, downstate.
MONK Right.
BLAGOJEVICH I'll say we wanna do it and we hope, we hope to do this so we can get together and start picking some dates to do asign-, bill signing? Right?
MONK Okay, so what are, what are the chances based on my conversation with you yesterday, that this gets done, next week?
BLAGOJEVICH You know, they're good.
MONK Okay.
BLAGOJEVICH I mean...
MONK He's, and I'm telling you, he's gonna be good for it. I got in his face.
MONK I think it's better if you do it.

COUNT 13
Wire Fraud

December 4, 2008 phone call between Rod and Deputy Governor A (BOB GREENLEE) and Advisor A (FRED YANG) discussing "tangible" support if senate seat went to Senate Candidate A (JESSE JACKSON, JR.)
BINDER 2/TAB 91/SESSION 1349 and 1351
p. 5/22
BLAGOJEVICH No, but some of that tangible stuff can happen before it all happens. There are tangible things that can happen before. You see.
GREENLEE Yeah, no, no, I know what you mean. But it's just...
BLAGOJEVICH I'll tell you right now, if I had to make the decision, you know, you make the Lisa Madigan play, you get everything you want and then some. They turn it down, they don't get it done, fine, then it's Jesse Jr. I mean that's it. I mean Jesse Jr. or you know, or me. I mean...
GREENLEE Ah... I told you what I feel on that, I would do you over Jesse Jr...
BLAGOJEVICH Oh I know, but nobody else does.
YANG So, ah, no I would. Hey governor.
BLAGOJEVICH Yeah. Go a-...
YANG Is this, is essentially the deal with Jesse Jr. will be that the Jacksons will support you for re-election?
BLAGOJEVICH No there's more to it.
YANG What else?
BLAGOJEVICH There's tangible, concrete tangible stuff from supporters.
YANG Like what?
BLAGOJEVICH Well like, you know. You know what I'm talking about.
GREENLEE (UI)...later.
BLAGOJEVICH Political, tangible political support Fred.

COUNT 14
ATTEMPTED EXTORTION

Rod allegedly attempted to extort Rahm Emanuel in to having his brother Ari Emanuel, a Hollywood movie agent, hold a fundraiser for him in order to release the $2million state grant for the Chicago Academy (AUSL).

COUNT 15
ATTEMPTED EXTORTION

Rod allegedly attempted to extort CEO of Children's Memorial Hospital, Pat Magoon, in to giving him $25,000 before he would grant state money for the pediatric rate increase.

COUNT 16
BRIBERY

Rod allegedly bribed CEO of Children's Memorial, Pat Magoon, to give him $25,000 before he would grant state money for the pediatric rate increase.

COUNT 17
EXTORTION CONSPIRACY

Rod along with Lon Monk allegedly conspired to extort John Johnston for campaign contributions in exchange for signing the extension of the Racetrack Bill.

  • December 3, 2008 - Rod spoke with Monk about Johnston on December 3, 2008 about a campaign contribution.
  • Monk visited Johnston on December 3, 2008 and told him that Rod was worried if he signed the Racetrack Bill, Johnston would not make a contribution
  • Monk reported back to Rod after the meeting
  • Dec 4, 2008 Monk asked Rod to call Johnston that he would sign the bill because it would be better from a "pressure point of view."
  • COUNT 18
    BRIBERY CONSPIRACY

    Rod along with Lon Monk allegedly conspired to bribe John Johnston in exchange for campaign contributions for signing the extension of the Racetrack Bill.
    Overt acts include:

  • December 3, 2008 - FOB offices - Rod tells Monk Johnston wouldn't' meet end of year deadline with campaign contribution.
  • Monk visited Johnston on December 3, 2008.
  • Monk reported to Rod about the meetig.
  • Monk asked Rod to call Johnston that he would sign the bill because it would be better from a "pressure point of view."
  • COUNT 19
    ATTEMPTED EXTORTION
    Rod allegedly attempted to extort campaign contributions from Gerry Krozel (who was both an executive with a company that supplied materials for road construction and a representative of trade group with construction of roads) in exchange for a possible $6 billion Tollway Plan. A $1.8 billion program had already been announced.

    COUNT 20
    BRIBERY

    Rod allegedly bribed Gerry Krozel - corruptly solicited and demanded campaign contributions for funding road building programs.

    COUNT 21 (ROD AND ROBERT are charged)
    EXTORTION CONSPIRACY

    Rod and Robert allegedly conspired to commit extortion in regards to the appointment of US Senator.

  • had numerous conversations with others about the advantages and disadbantages of selecting various candidates for the Senate vacancy
  • use power of the office of governor to gain financial benefits to himself and wife
  • wanted presidential appointment to federal government or ambassadorship
  • a highly paid leadership position in a non profit group like United Way or Red Cross
  • a highly paid leadership position with "Change to Win"
  • employment of Patti with a union organization or lobbying firm, or board
  • create a non profit that would be funded by people associated with Barack Obama
  • campaign contributions - including $1.8 million from the Indians in the appointment of Jesse Jackson, Jr.
  • Rod was thinking about appointing Valerie Jarrett
  • had Robert contact Raghuveer Nayak and have a meeting face to face
  • then had Robert cancel the meeting </l>

    COUNT 22 (ROD AND ROBERT are charged)
    ATTEMPTED EXTORTION

    Rod and Robert allegedly attempted to commit extortion in relation to the appointment of United States Senator.

    COUNT 23 (ROD AND ROBERT are charged)
    BRIBERY CONSPIRACY

    Rod and Robert allegedly conspired with each other and others to solicit things of value in the appointment of a US Senator.
    Overt acts:

  • Nov 1. 2008 discussed potential contributions from Blair Hull and Jesse Jackson, Jr.
  • Nov 6, 2008 discussed "Change to Win"
  • Nov 6, 2008 discussing appointment of Valerie Jarrett with Tom Balanoff if Rod could get Secretary of Health and Human Services appointment
  • Nov 20, 2008 many discussions with different advisors on what he could get for Valerie Jarrett appointment
  • Nov 12, 2008 not profit proposal and told Tom Balanoff about it
  • Nov 13, 2008 asking Wyma to Rahm about the non profit idea
  • Dec 4, 2008 tangible political support
  • Dec 4, 2008 told Robert to contact Raghu Nayak and meet with Nayak
  • then had Robert cancel the meeting
  • COUNT 24
    FALSE STATEMENTS

    Rod allegedly lied to the FBI during a March 16, 2005 meeting willfully and knowingly making false statements:

  • that he tried to maintain a firewall between politics and government
  • that he does not track or want to know who contributes to him or how much they are contributing to him

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