Federal judges don’t spend much time talking publicly about rulings after they’ve made them.
They give their reasons — either from the bench or on paper — and then they let public debate take its course.
But Friday’s sentencing of developer Charles Cui gave U.S. District Chief Judge Virginia Kendall an opportunity to speak briefly about the two-year sentence she handed in June to former Chicago Ald. Edward M. Burke.
Burke’s sentence took many by surprise, given his once-powerful position and the fact that he was convicted of a racketeering charge that included four schemes. They involved the Old Post Office, a Burger King in Burke’s 14th Ward, a Binny’s Beverage Depot on the Northwest Side and the Field Museum. Prosecutors originally sought 10 years for Burke.
Cui, who was only involved in the Binny’s scheme, left Kendall’s courtroom on Friday with a 32-month prison sentence for bribery and lying to the FBI. His sentence exceeded Burke’s by eight months. But Assistant U.S. Attorney Timothy Chapman argued Friday for just such a sentence, telling the judge Cui is on “a completely different platform than Ed Burke was.”
Kendall “made very clear” during Burke’s sentencing hearing that her decision was based on “the extraordinary and unprecedented number of testimonials” in letters describing Burke’s good work “over the course of 50 years,” Chapman reminded her.
“Ed Burke also served in the military,” Chapman said. “He was a police officer.”
Chapman said that Cui “simply does not have that record of public service or good works.”
That all set the stage for Kendall’s comments later in the hearing. When it came time for her to rule on Cui’ sentence, she quickly turned to Burke’s. She told the courtroom, “I know that’s what everybody is looking at.”
The judge told Chapman that he’d “clarified correctly the way that a judge must look at each individual defendant.” Kendall then rejected the idea that because Burke got a two-year sentence, Cui should get less.
She said Burke was sentenced to two years in prison “for significant reasons.”
Kendall cited Burke’s age — he’s 80. She said “prison will be more difficult” for him, and she mentioned his health problems. She said Burke “did not obstruct justice” like Cui. “He did not lie to the FBI.” And yes, she said, Burke “served in the military and the police.”
The judge also said she documented “just dozens and dozens of good works” that “were not tied to the gravitas of [Burke’s] position,” but rather “acts of kindness and generosity that he did outside of his position as an alderman.”
Then, she turned to Cui, ultimately giving him a higher sentence.
Burke, the longest-serving City Council member in Chicago history, was convicted in December of racketeering, bribery and attempted extortion. He tried to squeeze developers for business for his private tax law firm and threatened the Field Museum because it failed to respond when he recommended the daughter of ex-Ald. Terry Gabinski for an internship.
During Burke’s sentencing hearing, Kendall also said she was troubled by the deal prosecutors struck with former Ald. Danny Solis. He will likely avoid prison despite his own alleged crimes because he helped the feds build cases against Burke and ex-Illinois House Speaker Michael J. Madigan.
No appeal has been filed by Burke’s attorneys since his sentencing June 24. He is due to report to prison Sept. 23.