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May 27, 2022
Helping to spread a federal sentencing "message" for a "corruption superspreader"
I always find it is interesting when judges in relatively low-profile cases talk about "sending a message" at sentencing, and I suppose I should try to make a habit of helping judges spread the messages they hope to be sending. To that end, here I will flag this recent sentencing story out of Chicago headlined "‘You were a corruption superspreader’: Judge sentences ex-state Rep. Luis Arroyo to 57 months in prison in bribery case involving sweepstakes machine bill." Here are excerpts:
Saying he needed to send a message on the cost of public corruption, a federal judge on Wednesday sentenced former state Rep. Luis Arroyo to nearly five years in federal prison for trying to bribe a state senator to help with legislation expanding the shadowy world of sweepstakes gambling machines.
Rejecting a defense plea for probation, U.S. District Judge Steven Seeger railed against Arroyo’s “dirty” conduct, saying in a lengthy speech that he sold out an already corruption-weary public and committed a “frontal assault on the very idea of representative government.”
“You were a corruption superspreader,” Seeger said near the end of a nearly four-hour hearing at the Dirksen U.S. Courthouse. “The public did not get what they deserved. They voted for an honest representative, and what they got was a corrupt politician.”
Arroyo’s lawyers had maintained that a prison sentence for the longtime Chicago Democrat would do nothing to stop the state’s seemingly intractable corruption problem and would be akin to “draining Lake Michigan with a spoon.”
But the judge took particular umbrage with attempts to downplay what Arroyo did, and at one point asked defense attorney Michael Gillespie specifically about the spoon comment. “What does that mean?” the judge asked. ”What am I supposed to do with that?” As Gillespie fumbled for an answer, Seeger interrupted in a stern voice: “Maybe judges need a bigger spoon.”
Arroyo, 67, entered a blind guilty plea in November to one count of honest services fraud, a move that came without an agreement with prosecutors on what sentencing recommendations should be made to the judge. The 57-month term imposed by Seeger was above the four years in prison recommended by prosecutors on Wednesday....
Arroyo resigned his seat shortly after he was arrested in 2019 on the bribery charges. A superseding indictment later added new wire and mail fraud charges against Arroyo and also charged James T. Weiss with bribery, wire fraud, mail fraud and lying to the FBI....
The case centers on the largely uncharted world of sweepstakes machines, sometimes called “gray machines,” for which Arroyo was moonlighting as a lobbyist. The machines allow customers to put in money, receive a coupon to redeem for merchandise online and then play electronic games like slot machines.... According to the 15-page indictment, Weiss paid bribes to Arroyo beginning in November 2018 in exchange for Arroyo’s promotion of legislation beneficial to Weiss’ company, Collage LLC, which specialized in the sweepstakes machines....
In his remarks, Seeger said it was clear that Arroyo was a devoted family man and “a pillar of his community,” but chastised him repeatedly for trying to downplay the severity of his corrupt acts. The judge also noted that while there was no evidence of any other crimes committed in the wiretapped conversations, Arroyo certainly knew the language of corruption and seemed to be “in familiar territory.”
“I need to make sure that the message gets out that public corruption isn’t worth it,” Seeger said. “For whatever reason, that message isn’t getting through.”
May 27, 2022 at 11:14 AM | Permalink
Comments
I debated commenting on this story - but I felt it necessary in one regard. The story notes, "Arroyo’s lawyers had maintained that a prison sentence for the longtime Chicago Democrat would do nothing to stop the state’s seemingly intractable corruption problem and would be akin to “draining Lake Michigan with a spoon.” Whether that is true or not, in essence defense counsel is saying no matter what sentence you impose, it will do nothing to stop the corruption. That's interesting.
I can think of a thousand different ways to characterize a defendant's crime, but minimizing and comparing it in such a manner did no favors for his client with those words. Why not say something to the effect that my client is remorseful and has not only lost his livelihood, but also his integrity and respect he once treasured.
Fortunately, the defendant at least indicated he was remorseful by issuing a short apology to the court, saying he “cannot begin to put into words how awful I feel.” “I let my constituents down, I let my loved ones down who mean more than anything in life to me,” he said. “Please take into consideration all of my life actions when you impose my sentence. Allow me to go home to my family as soon as possible.”
I do wonder what the total loss was in this case - I would guess probably not more than $50,000. It's not a cash cow, it's like robbing a bank and getting caught with $5,000 - in the end was it really worth it? It never is - but I think it's more about the power and prestige and position one has than really about that money.
Posted by: atomicfrog | May 29, 2022 10:19:55 AM
