Editor's note: This article has been revised from a previous version to include further information on the apparent refusal of the Office of Illinois Attorney General Kwame Raoul to take up a criminal investigation into workers' comp fraud claims against Jenny Thornley, or to continue a lawsuit against Thornley on behalf of the state to recover $70,000 in allegedly fraudulent workers' comp payments made to Thornley, perhaps with assistance from state personnel within the office of Gov. JB Pritzker.
The former heard of the discipline office at the Illinois State Police will get a chance to resume his lawsuit against Jenny Thornley, a former state worker who allegedly falsely accused her boss of sexual assault and used her political ties to Gov. JB Pritzker to get him removed, to attempt to thwart a criminal investigation into allegations that she falsified payroll records to rake in overtime pay.
A federal judge said she would allow attorneys for Jack Garcia, former director of the Illinois State Police Merit Board, to present arguments in favor of lifting a stay the judge had placed on Garcia’s lawsuit against Thornley.
U.S. District Judge Sharon Johnson Coleman had slapped a hold on proceedings in the case earlier this year, ostensibly to allow time for prosecutors in Springfield to complete the criminal proceedings against Thornley stemming from indictments on counts of forgery, theft and official misconduct.
While that case proceeds, prosecutors are also at the same time investigating claims of workers’ compensation fraud against Thornley, as well, which could result in additional criminal charges against Thornley. Documents made public concerning those allegations indicate the governor's office allegedly assisted Thornley in the alleged fraud.
However, even as the criminal probes continue with no apparent end in sight, Judge Coleman ordered attorneys for Garcia and Thornley to file briefs to argue over whether the judge should continue to deny Garcia the opportunity to present his defamation claims against Thornley.
Thornley had initiated the court fight in April 2021, when she first sued Garcia and the ISP Merit Board. In that complaint, Thornley had accused the Merit Board of improperly firing her in retaliation, after she had accused Garcia of sexual harassment and sexual assault.
Thornley had served as the chief fiscal officer and director of personnel at the Merit Board.
Garcia responded to Thornley’s lawsuit with a counterclaim, asserting Thornley had completely fabricated the sexual assault allegations to protect her job and prevent her criminal prosecution.
Garcia claimed he had investigated Thornley beginning in 2019 for allegedly falsifying her timesheets and forging Garcia’s signature to get paid overtime for hours she had allegedly not worked.
When Garcia reported his findings to the Office of the Executive Inspector General, Thornley then allegedly launched a campaign against him, accusing him of sexual assault and calling on political allies, allegedly including Gov. JB Pritzker and his wife, M.K. Pritzker, to get Garcia removed from his job.
Thornley had worked on Pritzker’s 2018 election campaign.
Garcia later was removed, and the investigation into Thornley’s alleged misconduct halted, moments before Garcia was to meet with Springfield police concerning the matter.
A later outside investigation into Thornley’s sexual assault claims and Garcia’s claims concerning Thornley’s alleged fraud and theft led to criminal charges against Thornley and her termination. The outside investigators found no basis to Thornley’s claims.
Garcia was restored to his former post in July 2020. But in September 2021, Pritzker signed a new law enacted by the Democrat-dominated Illinois General Assembly, forbidding anyone who previously worked in the Illinois State Police from holding the top spot at the Merit Board. This action again forced Garcia from his post.
Critics have asserted the new law was specifically designed to target Garcia for removal.
Thornley has claimed the investigation that led to criminal charges against her was a sham, conducted by people friendly to Garcia.
However, after she was removed from her job following the investigation, Thornley filed for workers’ comp, based on those unfounded sexual assault claims. Thornley allegedly listed Gov. Pritzker as her supervisor, even though she had worked at the Merit Board. Documents also indicate she sent M.K. Pritzker a text about the issue.
In all, the Chicago Tribune reported in December that Thornley was paid more than $71,000 in workers’ comp and disability benefits from that claim.
With criminal investigations continuing, Thornley had argued it would be “fundamentally unfair” for Garcia to allow her to sue her over the same allegations at the same time. She asked the judge to put Garcia’s lawsuit on hold until the criminal case was completed.
The two sides are expected to file briefs on the matter in October, with a decision from the judge coming later, perhaps yet this year.
However, Garcia’s case is not likely to resume before the November election, in which Pritzker is seeking reelection against Republican nominee Darren Bailey.
Critics of the governor, including Republican Attorney General nominee Tom DeVore, have blasted the seeming lack of concern from Illinois Attorney General Kwame Raoul about the accusations against Thornley, which could implicate Gov. Pritzker.
DeVore has said a full prosecution against Thornley would “open up Pandora’s Box of the governor’s office at the highest levels participating in this.”
Raoul’s office has said they have referred the workers’ comp fraud claims against Thornley to the appellate prosecutor’s office, which is also handling the prosecution against Thornley over the overtime fraud and forgery charges.
However, the appellate prosecutor's office has indicated it received no order directing it to investigate, according to reports published by The Center Square. And The Center Square reported that no court order has yet been issued directing an investigation into the workers' comp fraud allegations against Thornley, despite the Attorney General's claims.
Raoul has also asked a court to dismiss a civil lawsuit against Thornley on behalf of state taxpayers to recover the allegedly fraudulent workers' comp payments, claiming they had investigated the matter and determined the state had no interest in continuing to pursue Thornley. That dismissal has been appealed.