People v. Tepper

Defendant was convicted of unlawful participation in a contract with his government employer without the employer's informed consent. Defendant was manager of IT department of Forest Preserve District, and 3 years later, while still working as IT manager, became "independent sales agent" for company selling equipment and services for wide area networks, including phone service and Internet access, but never disclosed that employment to the District. District later entered into contract with that company, and Defendant received commissions from that sale. Unlawful participation does not require an "affirmative act" of deceit as opposed to "mere silence", and does not required that State plead and prove that a unit of local government sustained a concrete pecuniary loss as a result of a defendant's conduct. Sufficient evidence for court to conclude that Defendant acted with intent to defraud the District. Unit of prosecution under Section 33E-17 iof Criminal Code is the contract itself, regardless of how many commission payments Defendant indirectly received. (McLAREN and ZENOFF, concurring.)