A female investigator claims the Cook County Sheriff's Office illegally demoted her, allegedly in retaliation for persisting with an investigation of potential federal Covid relief fraud, ghost payrolling, nepotism and other alleged possible breaches of the law and ethics rules within the office run by Cook County Sheriff Tom Dart.
On Dec. 30, Nicole Pagani filed suit in Chicago federal court against the Cook County Sheriff's Office. Dart is not named as a defendant individually, but only in his capacity as the county sheriff.
According to the complaint, Pagani served as a sergeant within the sheriff's office, employed as a senior investigator assigned to the so-called "Squad 4" in the Office of Professional Review.
According to the complaint, that unit handles "high level criminal administrative and official investigations of sworn and civilian employees throughout the Cook County Sheriff's Office."
According to the complaint, such investigations can include "high profile/media attention cases involving criminal sexual assault, introduction of contraband into a penal institution, excessive use of force, theft of government property, ghost payrolling, civil rights violations and official misconduct," among others, including "cases deemed confidential in nature involving high ranking members of the Sheriff's Office."
According to the complaint, in this position, Pagani received a "top secret clearance" from the FBI, as well as other benefits associated with the role, including a "covert FBI take-home vehicle;" "FBI credentials with access to a badge that would provide entry into federal facilities;" up to $17,000 in reimbursed overtime for time spent working as a "Task Force Officer;" and "the ability to establish strong working relationships with the FBI and U.S. Attorney's Office," among other perks.
According to the complaint, beginning in 2021, Pagani and other members of "Squad 4" learned that Sheriff's Office employees were engaged in "ghost payrolling and working secondary employment as security."
Over the next three years, the investigation allegedly revealed:
- "More than 20 employees were clocking in and/or out" other sheriff's office workers;
- Sheriff's Office staff were allegedly "committing theft of" Covid relief funds;
- "Three months of schedules had been falsified" for members of an "emergency response team" to receive hazard pay through the Federal Cares Act;
- Sheriff's Office employees' "personal dogs" were being trained "with Cook County Sheriff's Office staff and County resources;"
- A Sheriff's Office executive "had an electronic signature for (Dart) that could be used to forge his signature on any documents," allegedly including payroll records;
- "... Employees doing political work for (Dart's) re-election campaign in 2022," including time-off requests allegedly approved after the fact and cell phone and computer records showing county devices and paid time were used to work on Dart's campaign;
- Executives within the Sheriff's Office were allegedly "manipulating job postings" and taking other actions to ensure their relatives and friends were hired for certain positions within the Sheriff's Office, among other allegations.
According to the complaint, Pagani and other Squad 4 members obtained information about these misconduct allegations using federal grand jury subpoenas and other federal law enforcement resources.
According to the complaint, the investigation allegedly revealed "many of the targets of the investigation were working" on Dart's 2022 election campaign.
In her complaint, Pagani asserted she believed the investigation revealed the director of the Office of Professional Review "was covering up, fixing, or failing to investigate OPR complaints filed against the Assistant Executive Director, DAC, and the Chief of Operations' subordinate..."
According to the complaint, the Squad 4 investigation resulted in 17 Sheriff's Office employees being "de-deputized" in 2022.
In the complaint, Pagani asserts, however, that the investigation also allegedly made higher-ups within the department nervous, as Pagani said she was told "documents that had already been submitted for reimbursement could expose the Cook County Sheriff's Office to being responsible for paying back millions of dollars in COVID relief funds" received from the federal government during the pandemic, supposedly to offset the office's costs incurred in addressing the pandemic.
According to the complaint, Pagani's superiors in 2023 reportedly began informing Dart personally of the status of Squad 4's federally-aided investigation in the alleged misconduct within the Sheriff's Office.
However, Pagani allegedly became a target for retaliation when she cautioned them that the FBI may consider the information to be protected under federal law from disclosure, even to Dart. According to the complaint, this assertion from Pagani caused her superior to become "enraged" and later to allegedly direct Pagani to no longer provide information about the Sheriff's Office to the FBI.
According to the complaint, Pagani also met with someone from the Cook County State's Attorney's Office, presenting evidence of possible crimes committed by Sheriff's Office employees, possibly including "payroll tax fraud" and "theft of government funds," among other potential crimes.
However, Pagani claims "the reprsentative from Kim Foxx's Cook County State's Attorney's Office took no notes and appeared to be very disinterested in prosecuting these crimes."
According to the complaint, Pagani was later allegedly demoted and transferred to the less prestigious "Squad 3," resulting in her FBI access and the associated privileges and career opportunities being revoked.
According to the complaint, Pagani was replaced by a male Sheriff's Office employee.
Pagani has accused the Sheriff's Office of sex discrimination, allegedly in violation of federal civil rights law and the Illinois Human Rights Act; and illegal retaliation, in violation of federal and state anti-discrimination laws and Illinois' whistleblower protection law.
She is seeking more than $2 million in damages, plus reinstatement to Squad 4 and her former federal Task Force member status with full seniority and fringe benefits, among other damages and court orders.
Pagani is represented in the action by attorneys Brian J. Graber, of Brian J. Graber LLC, of Chicago; and M. Nieves Bolanos, of Hawks Quindel SC, of Chicago.
A spokesperson for the Cook County Sheriff's Office issued a statement regarding the lawsuit, saying: “The Sheriff’s Office cannot comment on pending litigation, but the Office strongly disputes the allegations in this lawsuit and intends to litigate the matter fully.”
The lawsuit was first reported by CWB Chicago.