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Ed Burke, 80, deserves 10 years in jail for corruption convictions, federal prosecutors argue

Federal prosecutors want 10-year sentence for former Chicago Ald. Ed Burke
Federal prosecutors want 10-year sentence for former Chicago Ald. Ed Burke 02:40

Federal prosecutors argue that disgraced former alderman Ed Burke deserves 10 years and one month in prison for his corrupt acts during his years as one of the most powerful public figures in Chicago. 

In court documents, prosecutors said the sentence is required to "protect the public from his future criminal acts." Burke is scheduled to be sentenced on Monday, June 24. 

"Burke so far has failed to accept any responsibility in this case and maintains to this day he has done nothing wrong," prosecutors said. "It would be naïve to think that there is anything stopping Burke, the consummate political insider with his coterie of misguided friends and well-wishers, from engaging in the same type of conduct in conjunction with public officials in the future."

Prosecutors also argued that Burke's age should not factor into any consideration of a reduced sentence. 

Burke, who is 80 years old, told officers tasked with helping to determine his sentence guidelines that his health was "pretty good."

Burke's attorneys call the prosecution's sentencing guidelines "grossly inflated," and they are arguing for a sentence of fewer than five years in prison at the most. In a separate court document, Burke's lawyer appealed for further leniency, asking U.S. District Judge Virginia Kendall to consider alternatives to incarceration. 

"Such a sentence would be a powerful and just expression of mercy for an 80-year-old man in the twilight of his life who has given much of himself to so many and for so many years," Burke's lawyers said. 

Burke's legal team this week presented the softer side of the onetime powerful alderman, with pictures of his decades of good deeds. This came alongside testimonials from hundreds of people.

Misericordia's Sister Rosemary said: "Ed's involvement has been a gift to our residents.  He shows great respect for every person in our care."

Sitting Ald. Nick Sposato (38th) said, "Ed Burke is a decent man who is the first to share his knowledge and expertise to help others."

Others writing on behalf of Burke included former U.S. Attorney Dan Webb and former CBS 2 news anchor Bill Kurtis.

Earlier this month, lawyers for the former 14th Ward alderman, City Council Finance Committee chairman, and mayoral candidate asked Kendall to throw out most of the guilty verdicts a jury came back with last year.

These are long-shot political moves aimed at trying to knock down convictions that are likely to put Burke behind bars for the rest of his life.  

In December 2023, Burke was convicted of scheming to use his political clout at City Hall to pressure people into hiring his private property tax law firm.

The verdict against Burke included convictions for racketeering conspiracy, federal program bribery, attempted extortion, conspiracy to commit extortion, and using an interstate facility to promote unlawful activity. The most serious of those counts—racketeering and extortion charges—carry sentences of up to 20 years each.

He was convicted of four schemes involving the Old Post Office in downtown Chicago, a Burger King restaurant in his ward, a Binny's Beverage Depot store, and the Field Museum

CBS 2 Legal Analyst Irv Miller expects Burke will end up getting prison time.

"I would guess that it's going to be somewhere around 18 to 24 months would be the ultimate decision," Miller said.

Miller said Burke's lack of contrition doesn't help him - but preserves an appeal.

He said Judge Kendall may be looking at the case of another convicted former Chicago alderman—Ed Vrdolyak, who pleaded guilty in 2008 to his part in taking kickbacks for arranging the sale of a Gold Coast building.

Vrdolyak, the onetime powerful alderman of the 10th Ward who was known as "Fast Eddie," was initially sentenced to probation by the late U.S. District Judge Milton I. Shadur. But that initial sentence was reversed by a higher court.

This is something Judge Kendall will not want to repeat in the Burke case.

"The Appellate Court frankly blasted the judge for giving probation on a public corruption case, ordered resentencing in front of a different judge—which is highly unusual," Miller said of the Vrdolyak kickback scheme case, "and when it came time for resentencing, that new judge sentenced the former alderman to the penitentiary."

Judge Kendall late Tuesday was still weighing the request by Burke's lawyers' requests for a retrial and acquittal on some charges.

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