As Curtis Fleming portrays it, he was a good employee who worked faithfully for the Illinois Department of Public Aid–before he got embroiled in a multimillion dollar state contract scandal.
And if he hadn’t admitted taking money and cooperated with prosecutors, Fleming maintains, the “Herculean” government investigation that jolted Gov. Jim Edgar’s administration might have failed to net any convictions in the case involving Management Services of Illinois Inc. and some of the governor’s biggest campaign donors.
Fleming made the assertions in newly filed federal court papers explaining why he believes he should receive a lenient sentence.
Fleming pleaded guilty to single counts of mail fraud and diversion of funds in 1996, charges that carry potential penalties of 5 and 10 years in prison and $250,000 fines.
“Mr. Fleming’s failure to consider the interests of the taxpayers in this one contract is truly a single act of aberrant behavior occasioned by the enormous political clout MSI wielded with the upper echelons of state government,” said the new motion filed by Fleming’s attorney, Daniel Lanterman.
The government has yet to file a response, and lead prosecutor Patrick Chesley would not comment Monday. Fleming, 46, of Bloomington is scheduled to be sentenced Monday.
His new motion reviewed how the state lost $12.9 million–the government’s calculation–through a renegotiated 1993 contract with MSI, a computer consulting firm. The motion contended Fleming provided cover for “his superiors at the Illinois Department of Public Aid and/or the governor’s office” by writing a dummy memorandum to justify a decision already made by others.
MSI and its founders had contributed more than $270,000 in cash and computer services to Edgar, who repeatedly has pointed out his office prompted the investigation by turning over an anonymous tip to state police.
Neither Edgar nor anyone in his inner circle has been accused of wrongdoing, and the highest-ranking state official indicted in the case, former Public Aid deputy director Jim Berger, was acquitted of corruption charges in January.
MSI and former co-owner Michael Martin, along with Ronald Lowder, a former Public Aid employee who later worked for MSI, were convicted in a bribery and fraud trial last summer. Current owner William Ladd was acquitted of those charges, but later convicted of bank fraud and money laundering. They are scheduled to be sentenced in May.
The new court papers indicate Fleming received $25,000 “in value” from MSI. Prosecutors have already alleged MSI gave Fleming meals, drinks, a computer, money to gamble at a Joliet riverboat casino, a trip to Florida, money to toss around at a striptease joint in the Ozarks and $16,000 in cash.
According to the filing, “Absent Fleming’s acceptance of responsibility for the cash he received, the principal defense theory at the first trial, that the contract amendment, which blew $12.9 million out of the state’s coffers, was at most a bad contract but not criminal, might very well have been accepted for all defendants, including Fleming.”
