West Cook News

Sen. John Curran (R-Lemont) wants to expand the state's RICO Act.

Curran recently appeared on Jak Tichenor's Illinois Lawmakers program where he talked about how Illinois’ RICO Act has a very limited scope.

"We had a comprehensive ethics package last year that we passed that was a good first step. However, there was much more on the table that we had put forward to discuss - two items in particular, proposals that I put forth last year and continue to this year, that would address specifically what's going on with the former Speaker and just corruption in government," Curran said. "One, an expansion of the statewide grand jury, which would get the attorney general involved in investigating public corruption crimes. The attorney general has a statewide grand jury for limited purposes that he convenes. We can expand that to public corruption and actually get our state's top law enforcement official involved in this arena."

Curran also discussed expanding the reach of the state's RICO act. 

"These are the tools that the federal government uses to investigate public corruption. Our local law enforcement officials don't have those same tools. We need to equip and empower our local law enforcement officials with the same tools under RICO - state RICO - as they have under federal RICO," Curran said.

The federal RICO Act was enacted in 1970. Its goal was to allow prosecutors to charge all members of a corrupt organization. Though initially the RICO Act was aimed at taking down Mafia groups, it later proved to be effective in targeting corrupt police departments, politicians, drug cartels, and street gangs.

Then-Gov. Pat Quinn had signed the Illinois RICO Act into a law June 2012, making Illinois the 32nd state in the nation to enact a RICO statute. "We want to work with our policemen, those who are involved in public safety and law enforcement, to go after and exterminate these gangsters." Quinn said at the time. 

The Illinois Street Gang RICO Act states, "The substantial harm inflicted on the people and economy of this State by pervasive violent street gangs and other forms of enterprise criminality, is legitimately a matter of grave concern to the people of this State who have a basic right to be protected from that criminal activity and to be given adequate remedies to redress its harms. Whereas the current laws of this State provide inadequate remedies, procedures and punishments, the Illinois General Assembly hereby gives the supplemental remedies of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law full force and effect under law for the common good of this State and its people." The legislation is scheduled to expire in June 2022.

"Because the Illinois RICO statute is a direct response to Chicago's gang violence and is designed to protect the public from the pervasive violence committed by street gangs and other criminal enterprises, it excludes investigations into other types of organizations, such as white-collar crime, public corruption, and unions," Derek Keenan wrote in DePaul Law Review.

Michael Madigan was indicted on 22 counts on federal racketeering and bribery charges on March 2. According to a release from the Department of Justice, "The 22-count indictment accuses Madigan of leading for nearly a decade a criminal enterprise whose purpose was to enhance Madigan's political power and financial well-being while also generating income for his political allies and associates."

 Madigan has already pleaded not guilty to all the federal charges against him. He will appear in front of a U.S. district judge for a hearing on April 1. 

Madigan released a statement denying the allegations.

 "I was never involved in any criminal activity. The government is attempting to criminalize a routine constituent service: job recommendations," Madigan said. "That is not illegal, and these other charges are equally unfounded. Throughout my 50 years as a public servant, I worked to address the needs of my constituents, always keeping in mind the high standards required and the trust the public placed in me. I adamantly deny these accusations and look back proudly on my time as an elected official, serving the people of Illinois.”