Record contained sufficient evidence to support jury’s verdict in favor of plaintiffs-casinos in state-court conspiracy and unjust enrichment action alleging that executive (John Johnson) at defendants-horse tracks made promise in 2008 to give Gov. Blagojevich $100,000 campaign contribution in exchange for his signature on 2008 bill to tax largest casinos in Illinois for benefit of Illinois horse racing industry, where jury could credit testimony that: (1) Blagojevich and his long-time aid Lon Monk told Johnson that Blagojevich would trade his signature on 2008 Act for campaign contribution; (2) Johnson agreed to said proposal and gave additional reassurances to give said contribution; and (3) instant proposal and agreement constituted two acts to support alleged conspiracy charge. However, record did not support jury’s finding of RICO conspiracy, where instant one-time bribe agreement failed to establish continuity element of said offense, which required showing that scheme took place over series of acts and over period of time. Fact that 2008 Act would expire in future, and that there was potential for need of future bribe to obtain same benefits in new law was too speculative to support finding of continuity. As such, jury’s finding that plaintiff’s incurred $25,940,000 in damages was sustained, but that finding of treble damages of $77,820,000 under RICO was vacated.
Federal 7th Circuit Court
Civil Court
Conspiracy