You remember Rod Blagojevich, right? The former governor of Illinois who was convicted of corruption for attempting to sell former U.S. Senator Barack Obama’s senate seat? (I wonder what happened to that guy?)
Blagojevich and his awesome hair resurfaced in an opinion from the Seventh Circuit on Friday, where the court found there was sufficient evidence to survive summary judgment on a RICO claim against him.
The case centers on state legislation imposing a 3 percent tax on casinos. No problem there, but the proceeds from the tax would be deposited into a fund expressly for the benefit of the horse-racing industry.
RICO-la!
Several casinos – “smelling a rat,” wrote Chief Judge Diane Wood for a unanimous three-judge panel – filed a RICO suit against the racetracks and Blagojevich. It was dismissed on summary judgment.
So, was the conspiracy the proximate cause of the casinos’ harm? The court handily answered yes: “The object of the conspiracy was to bring the ‘08 Act into effect in exchange for a cash bribe; the Act harmed the Casinos to the tune of 3% of their revenue. The Casinos thus sat in the center of the target of the conspiracy.”
This particular appeal doesn’t name Blagojevich as a party (he was granted immunity from it); it deals only with civil claims for damages incurred by the casinos due to the conspiracy. The case is now remanded for further proceedings.
Related Resources:
- Casinos Say Blagojevich Took Track Payoffs (Courthouse News Service)
- Blagojevich Appeal in Motion, Petitions Filed to 7th Cir (FindLaw’s U.S. Seventh Circuit Blog)
- Denial of Media Groups’ Request to Intervene In Blagojevich Case Reversed (FindLaw’s U.S. Seventh Circuit Blog)
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