Former Chicago Alderman Ed Burke, the man who has been described as the epitome of Chicago's political culture of power, corruption and patronage, has been sentenced to prison for his crimes - but at just a fraction of the time sought by prosecutors.
On June 24, U.S. District Judge Virginia M. Kendall sentenced the 80-year-old Burke to two years in prison, plus a $2 million fine. The sentencing came a little over seven months since Burke was convicted on 13 counts of racketeering, bribery and extortion over his leverage of political power to boost business for his law firm and to help his connected friends.
Prosecutors had sought eight years in prison, which they themselves said was "on the low end" of federal sentencing guidelines.
David Greising, president of the Better Government Association
| Better Government Association
A prominent anti-political corruption advocate characterized the sentence as "light" and the sentencing process as a "disappointing spectacle," in which Judge Kendall appeared to give significant weight to calls for leniency from a long list of Burke friends, associates and others.
"Today’s light sentence calls into question the principle of equality before the law," said David Greising, president of the Better Government Association.
Griesing and the BGA noted Burke's own lawyers had requested a sentence of at least four years in prison.
"Despite Ed Burke’s betrayal of public trust, the powerful and connected of Chicago lined up to plead for leniency. Judge Kendall herself said she was influenced by this. But to those who believe in accountable government, it was a disappointing spectacle, putting personal allegiance ahead of the public interest, and should have had little weight on imposing a just sentence. ”
Burke was indicted by federal prosecutors in 2019, accused of using his position as the powerful chairman of the city's Finance Committee to steer business to his property tax law appeal law firm, Klafter & Burke.
Specifically, Burke was indicted on racketeering and bribery charges in connection with the attempted extortion of the developers of the Old Main Post Office project and the attempted shakedown of the owner of a Burger King restaurant on Chicago's southwest side.
Prosecutors said Burke threatened to bottle up tax incentives sought by the Post Office developer in the Finance Committee he chaired, unless the developer agreed to sign a $45,000 contingency agreement with his law firm.
He was also charged for using his aldermanic office and political power to shakedown and squeeze business owners seeking city permits and tax incentives to move business projects in the city.
Among other charges, federal prosecutors said the evidence showed Burke also threatened to oppose the Field Museum's request for an admission fee increase "because the museum failed to respond to Burke's inquiry about obtaining an internship at the museum for a child of Burke's friend."
The charges, however, particularly centered on Burke's alleged use of his power to build a long client list for the Klafter & Burke firm.
The firm represents businesses and other property owners in property tax appeals, often winning reductions in property tax bills for those willing to pay the firm.
Reduced tax bills for such connected property owners often result in higher tax bills for others, who must make up the difference paid to local governments in Chicago and Cook County.
In addition to serving as the chairman of the Chicago City Council's Finance Committee for five decades, Burke also led several influential Democratic political action organizations, which raked in millions of dollars in donations.
That support could be expressed through explicit Democratic Party endorsements in primary election contests. According to some estimates, such endorsements led to wins in 94% of contested races for Cook County judge.
Burke also served as gatekeeper for appointments to the bench in Cook County, as well.
As recently as 2011, the Chicago Tribune reported the surest way to land an appointment to the bench in Cook County was to be recommended to Burke by former Illinois House Speaker Michael J. Madigan. Madigan has also been indicted on separate public corruption charges related to bribery charges and is expected to stand trial himself.
Once on the court, those appointed judges wield many of the same powers as elected circuit judges, and can then parlay their judicial experience into incumbent-like runs for election.
Once judges secure a place on the Cook County courts, they can then be positioned for still higher office, as Cook County judges also regularly move up to fill seats on the First District Appellate Court, which geographically includes only Cook County, and the Illinois Supreme Court, which, under the state constitution, reserves three of its seven seats for candidates elected from Cook County.
Using that system, Burke's wife, Ann Burke, was appointed to the First District Appellate Court in 1995, despite having no trial experience. After running unopposed for that seat in the next election, Ann Burke was next appointed to the Illinois Supreme Court, when she was appointed to the court to fill the spot left open by the retirement of Justice Mary Ann McMorrow in 2006.
Ann Burke retired from the state high court in 2023. At Ann Burke's recommendation, the state Supreme Court appointed Justice Joy V. Cunningham to replace her. Cunningham then received the endorsement of the Cook County Democratic Party and has won a full 10-year-term on the state high court.
During the sentencing phase of the proceedings, federal prosecutors said a strong sentence in Burke's case was needed to send a message to other politicians in government in Illinois, Cook County and Chicago - all jurisdictions with well documented and deep histories of sordid political corruption - that corruption will result in real consequences.
In a brief concerning Burke's potential sentence, prosecutors noted Burke retains a strong network of supporters throughout Chicago and Cook County, saying "there are those who lurk in the bowels of City government and walk in its corridors of power who are still strong allies of Burke - despite his 13 counts of conviction."
Before pronouncing her sentence, Kendall said she agreed her sentence needed to be strong to send a message to others who may seek to similarly wield power, as Burke did.
But the judge's desire to deliver such a statement appeared to be tempered by the tomes of letters from Burke's supporters, who noted not only his advanced age, but also his history of purported kindness and altruism for many in Chicago.
Many of those asserted it was unjust to send an 80-year-old man to prison for perhaps 10 years or more.
Kendall also noted her misgivings about the lack of a conviction for former Alderman Danny Solis, whose agreement to wear a wire helped prosecutors build their case and bring Burke down.
While the BGA decried the "light sentence," the city's chief federal prosecutor and top FBI agent said Burke's sentence still carries a message to corrupt politicians in Springfield and Chicago, and elsewhere in Illinois, and furthers federal law enforcement's mission to "stamp out public corruption" in the state.
In a prepared statement, Morris Pasqual, acting U.S. Attorney for the Northern District of Illinois, said: “Corruption in the Chicago City Council tears at the fabric of a vital body of local government. When an alderman fails to discharge his duties with honesty and integrity, he betrays not only the citizens of Chicago, but his fellow public officials who do their jobs the right way. Our office will continue to vigorously prosecute corruption and hold public officials accountable for violating the public trust.”
In the joint statement, Robert W. “Wes” Wheeler Jr., Special Agent-in-Charge of the FBI Chicago Field Office, added:
“Aldermen are elected by their constituents to advocate for the public good. Bribery and extortion are contrary to that simple mission, and today’s sentencing highlights the consequences of betraying the public’s trust for one’s own illegal gains."