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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA
v.
JOHN DENNIS HASTERT

)
)
)
)
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No. 15 CR 315
Judge Thomas M. Durkin

GOVERNMENT’S POSITION PAPER AS TO SENTENCING FACTORS
Defendant John Dennis Hastert withdrew $1.7 million in cash in four and a
half years. A large portion, $952,000, was in mostly $9,000 increments withdrawn on
106 separate occasions. On October 28, 2015, pursuant to a written plea agreement,
defendant pled guilty to a structuring violation related to these cash withdrawals.
Defendant acknowledged in his plea agreement that he “told agents that he was
keeping the cash he had been withdrawing in a safe place. [Defendant] made these
statements to mislead the agents as to the actual purpose of the withdrawals and
what he had done with the money.” Plea Agreement at ¶ 6.
The investigation of defendant began because his structuring activity raised
concerning questions. What was the actual purpose of withdrawing so much cash and
what did defendant do with the money? Was defendant, the former Speaker of the
United States House of Representatives, a victim of extortion? Was defendant, a
lobbyist in communication with domestic and foreign business and political leaders,
committing a crime through illegal use of the money? The answer, as it turned out,
after a lengthy investigation, was neither of these things. The actual purpose of the
withdrawals was to pay an agreed-upon total of $3.5 million to compensate

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Individual A for sexual abuse of Individual A committed by defendant when
Individual A was 14 years old and defendant was his wrestling coach.
The federal and state statutes of limitations have long expired on potential
charges relating to defendant’s known sexual acts against Individual A and other
minors. These known acts consist of the defendant’s intentional touching of minors’
groin area and genitals or oral sex with a minor. With this case, the government
seeks to hold defendant accountable for the crimes he committed that can still be
prosecuted: defendant’s structuring of cash withdrawals and his lies to the
government about that activity. But those crimes, while recent, have their origin in
the defendant’s past. The actions at the core of this case took place not on the
defendant’s national public stage but in his private one-on-one encounters in an
empty locker room and a motel room with minors that violated the special trust
between those young boys and their coach.
I.

SENTENCING GUIDELINES CALCULATIONS
The government agrees with the Probation Officer that the defendant’s

advisory range under the Sentencing Guidelines is 0-6 months. The Probation Officer
correctly found this to be the appropriate range pursuant to Guideline § 2S1.3(b)(3)
because the defendant’s actions constituted one occasion of structuring as the
Seventh Circuit defined “occasion” in United States v. Davenport, 929 F.2d 1169 (7th
Cir. 1991).1

1

The PSR adds a two-point enhancement for obstruction of justice and does not give defendant

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II.

SECTION 3553 FACTORS
A.

Nature and Circumstances of the Offense

In April 2012, a bank compliance officer reviewed defendant’s bank records
while preparing for a routine exam unrelated to defendant. The official noticed
unusual account activity (seven $50,000 cash withdrawals between June 2010 and
April 2012 at a branch of the bank in Yorkville, Illinois) and referred the matter to
the bank’s risk management department. A risk management officer asked bank
officials in the Yorkville branch to request information from defendant regarding his
transactions. A teller supervisor contacted defendant. The teller supervisor told
defendant that the bank needed to understand his transactions pursuant to the
PATRIOT Act, and handed him a pamphlet that explained that the bank had to file
currency transaction reports for cash transactions over $10,000. The pamphlet also
explained that it was illegal to structure transactions to evade the reporting
requirements. Defendant took the pamphlet from the teller supervisor.2
Defendant contacted the risk management officer as requested. During a
phone conversation, the risk management officer told defendant that the bank had
noticed the large cash withdrawals and was required by law to understand its

a two-point reduction for acceptance of responsibility, which results in an adjusted offense level of 8.
The advisory Guideline range is the same, however, whether the Court accepts the offense level
contemplated by the parties in the Plea Agreement or the offense level set forth in the PSR.
2
The teller supervisor had already, on her own initiative, asked defendant about the reason for
his $50,000 withdrawals on more than one occasion when he came to the bank to make his cash
withdrawals. During at least one of these conversations, defendant told her that he collected vintage
cars and needed the cash to purchase cars.

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customers’ banking activity. Defendant initially told the risk management officer
that the withdrawals were none of his business. When the risk management officer
pressed further, defendant said that he was withdrawing the cash for investments
and to buy stocks and also because he wanted to keep his cash deposits under the
Federal Deposit Insurance Corporation insurance limits. The risk management
officer told defendant that his explanations did not make sense, i.e., one cannot buy
stocks with cash, and the risks associated with possessing large amounts of currency
far outweigh the risks of a bank failure. Defendant provided no further explanation.
The risk management officer explained to defendant the bank’s obligations under the
Bank Secrecy Act and the PATRIOT Act. Defendant stated that he was aware of the
law, but that the PATRIOT Act was just for terrorism and he (defendant) was not a
terrorist.
Following defendant’s conversations with the two bank officials, the officials
noticed that defendant’s banking activity changed. Defendant did not withdraw any
money between the April 2012 conversations with the bank officials and July 2012.
Once defendant resumed his withdrawal activity, he no longer withdrew $50,000 at a
time but instead withdrew cash in $9,000 increments. In February 2013, ten months
after speaking with defendant, the bank decided to close defendant’s account due to
his suspicious activity and refusal to provide what the bank deemed to be a sufficient
explanation for the withdrawals. The teller supervisor called defendant and told him
the bank had decided to close his account. Defendant closed his account before the
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bank closed it involuntarily. When defendant came to the bank to close the account,
the teller supervisor handed him another copy of the pamphlet describing currency
transaction reports and structuring that she had previously given him.
Defendant’s Withdrawal Activity
In early 2013, the FBI and IRS learned about defendant’s withdrawal activity
at the bank and two other banks at which defendant had accounts. The government
learned that, in addition to the banking activity described above, defendant had been
withdrawing $50,000 in cash from these other two banks as well. Between June 1,
2010 and April 13, 2012, defendant had withdrawn $750,000 in cash from these three
banks in $50,000 increments. After defendant’s conversations with the bank officials,
defendant also stopped withdrawing $50,000 in cash from the other two banks. And,
as he had started doing at the Yorkville branch bank, defendant began withdrawing
$9,000 at a time from these other two banks. In July 2012, defendant also opened up
an account at a fourth bank from which he immediately began withdrawing cash in
$9,000 increments.
Based on defendant’s banking activity, it appeared obvious that defendant had
begun structuring his withdrawals to evade reporting requirements in violation of
the structuring laws. But defendant’s activity raised questions beyond the apparent
fact of the structuring violations. Defendant was the former Speaker and he was then
working as a high-profile lobbyist with business in foreign countries. Law
enforcement was concerned that defendant’s large and unusual cash withdrawals
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could be indicative of other criminal activity of which defendant was either a
perpetrator or a victim. The government therefore began a thorough investigation
into defendant and his possible uses for the large sums of cash.
December 8, 2014 Interview with Defendant
By December 2014, the government had exhausted all reasonable avenues for
determining why defendant had been structuring his withdrawals and how he had
been using the cash. By this time, defendant had withdrawn a total of $1.7 million in
cash in approximately four and a half years. Of that cash, $952,000 was in mostly
$9,000 increments withdrawn on 106 separate occasions. Other than the brief pause
after being approached by bank officials in April 2012, defendant’s frequent cash
withdrawals had not abated. The defendant’s motives for structuring withdrawals
were important to the direction of the government’s investigation and to any
ultimate charging decision.
Therefore, on December 8, 2014, FBI agents interviewed defendant at his
home in Plano. The government was not aware of sexual abuse allegations at the
time of the interview. During the interview, defendant responded to questions by
stating or confirming that: (1) he was withdrawing money in $9,000 increments
because the bank had given him “a real hassle” about taking out $50,000 at a time;
(2) he was aware that the bank had a $10,000 threshold for reporting cash
transactions; (3) he did not want the bank “calling [him] up all the time”; (4) he was
not in “any kind of trouble”; (5) he was taking cash out because he did not think the
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banks were safe; and (6) he was keeping the cash “in a safe place,” though he would
not specify its location.
February 27, 2015 Proffer Interview with Defendant
Shortly after the December 8, 2014 interview, defendant’s counsel contacted
the government and said that defendant was the victim of an extortion plot and
would cooperate with the government’s investigation. The alleged extortion plot, as
described by defendant’s counsel, involved an alleged false claim by Individual A, a
former Yorkville High School student and wrestler, that defendant inappropriately
touched him during a wrestling trip decades ago and, for this alleged misconduct,
Individual A demanded $3.5 million from defendant. On February 27, 2015, law
enforcement interviewed defendant pursuant to a proffer agreement with the
government and, consistent with his attorney’s description, defendant alleged that
he had been making cash payments to Individual A as a result of an extortion plot.3
At the conclusion of the interview, defendant agreed to cooperate with law
enforcement by recording his conversations with Individual A.
The Government’s Investigation of Individual A
In response to defendant’s allegations, the government began investigating
whether Individual A was extorting the defendant. As part of that investigation, the

3
The proffer agreement required defendant to tell the truth. Despite the fact that the
government has determined that defendant was not truthful during the proffer, the government is not
seeking to utilize the information provided during the proffer in aggravation of defendant’s sentence.
The information provided during the proffer, however, provides necessary context for the
government’s post-proffer investigative steps, and the government is providing this information so the
Court can consider it for that purpose.

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government, among other things, reviewed Individual A’s banking activity and
recorded certain telephone conversations.
March 2, 2015 Recording
In early March 2015, defendant contacted law enforcement to report that
Individual A sent him a text message to arrange a meeting so that defendant could
give Individual A the next $100,000 payment. On March 2, 2015, agents met with
defendant to prepare him to make a recorded phone call to Individual A. The agents
directed defendant to tell Individual A that he was having problems with banks
closing his accounts due to his withdrawal activity. Defendant placed the call on
March 2, 2015 and agents recorded the call. Defendant told Individual A that he
needed more time to get the money. Defendant and Individual A agreed that
Individual A would text him in a few weeks.
This was the first time agents and prosecutors heard Individual A speak.
Individual A’s tone and comments during the recorded conversation were
inconsistent with someone committing extortion. Instead of objecting to defendant’s
request, for example, Individual A expressed understanding for defendant’s supposed
need for more time to come up with the money. Individual A did not make any
threats, implicit or explicit, nor did he seem angry that defendant was asking for
more time to get the money.

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March 22, 2015 Recording
On March 22, 2015, defendant made another recorded phone call to Individual
A. The agents gave defendant different instructions than they had given him before
the March 2, 2015 phone call. The government had by this time obtained bank
records about Individual A, which reflected deposits of cash into Individual A’s
account at intervals generally consistent with defendant’s cash withdrawals. The
agents explained to defendant before the call that this time they wanted defendant to
push back against Individual A and say he did not want to pay Individual A anymore.
The agents asked defendant to say that Individual A had falsely accused him,
defendant had paid him a lot of money, and defendant wanted it to end. One of the
agents told defendant that, because defendant was claiming Individual A was
extorting him, they wanted to see if Individual A would make extortionate threats
when denied the money he had purportedly demanded. The agents specifically told
defendant that he should not use the banks’ closing his accounts as an excuse as to
why he could not pay in order that Individual A would understand defendant had
decided on his own not to pay.
Instead, during the call, defendant repeated to Individual A the same story
from the prior recording. Once again, Individual A’s language and demeanor during
this second recorded call were inconsistent with an individual extorting defendant
through threats to make a false accusation public or even to make a true accusation
public. Individual A did not say anything that could be construed as a threat.
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Individual A referred repeatedly to “promises” defendant had made, their
“agreement,” that they both understood it was a “private, personal matter,” and that
it was “nobody else’s business.” Individual A noted during the call that if getting
$100,000 out of the bank was causing trouble for defendant, they could slow down
and come up with a more reasonable amount. Individual A told defendant that they
had to have their stories straight about what they would say if a third party asked
about their agreement, since they both wanted to keep it private. Individual A said
that he had wanted to involve lawyers from the beginning to make their agreement
“legal,” but that defendant had refused. Individual A recounted that he had wanted
to bring in two close confidantes of defendant at the beginning to help them reach an
agreement, but defendant had refused. Individual A said that people “buy their way
out of trouble all the time,” and that there had to be a way to do it. Individual A said
that he had relied on defendant, who had been in Congress and had lawyers at his
disposal, to help structure their agreement. Individual A referred during the
conversation to a “lock box” (i.e., safe deposit box) in which defendant had agreed to
place stock or money so that their agreement could be fulfilled if defendant died.
Information Provided by Individual A
The March 2015 recordings cast doubt on defendant’s claim that he was the
victim of extortion. Therefore, on March 27, 2015, agents approached Individual A
and interviewed him that day (and several times thereafter). The agents did not tell

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Individual A that his March 2015 conversations with defendant had been recorded.
The following is a summary of the information Individual A provided.
Individual A met defendant through Individual A’s family members when
Individual A was a child. Individual A wrestled all four years in high school with
defendant as his coach. At one point, defendant told Individual A that he could
attend a wrestling camp with the team. There were between 10 and 14 boys on the
trip, and defendant was the only adult. The team stayed two nights in a motel on the
return trip. The defendant told Individual A he would stay in defendant’s room while
the other boys stayed in another room. Individual A did not know why defendant
singled him out.
When it was time for bed, Individual A went to defendant’s motel room.
Earlier in the trip, Individual A had complained about a groin pull. While in the
motel room, defendant asked about Individual A’s injury and said he wanted to check
on it. Defendant told Individual A to lie down on the bed and take off his underwear.
Defendant then began massaging Individual A’s groin area. It became clear to
Individual A that defendant was not touching him in a therapeutic manner to
address a wrestling injury but was touching him in an inappropriate sexual way. A
few moments later, Individual A jumped off the bed, grabbed his underwear, and ran
across the room to slouch in a chair. Individual A was confused and embarrassed
about his physical reaction to defendant’s contact with him, and he apologized to
defendant. Defendant then asked Individual A to get on his (defendant’s) back and
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give him (defendant) a massage. Individual A was nervous about what had happened
and what was going on and did not know what to do. Defendant lay on the bed in only
his underwear, and Individual A gave him a back massage. They then went to sleep
in the same bed.
The team stayed a second night in the same motel. Individual A was
determined that defendant would never again put him in the position in which he
found himself the previous night. When defendant came to the other boys’ room and
told Individual A to go to defendant’s room, Individual A refused to go.
Around 2010, Individual A began thinking about confronting defendant.
Individual A made an appointment with defendant and asked defendant why he had
done it. After a long pause, defendant said that it was a confusing and difficult time
in his life. Individual A asked how many other kids defendant molested. Defendant
said there were only two, one of whom defendant understood as himself. Defendant
and Individual A agreed to meet again.
Defendant and Individual A met again within a week or two. Individual A told
defendant he wanted $3.5 million for what defendant had done to him. Individual A
described to the agents, just as Individual A had said to defendant during the March
22, 2015 recorded conversation, that he suggested to defendant that they involve
individuals whom defendant trusted or a lawyer to work out the settlement.
Individual A suggested that defendant tell his wife. Defendant refused these

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suggestions and said he did not want to involve others or to write anything down.
Defendant did not negotiate or argue about the amount and agreed to pay.
Defendant said that he could possibly pay Individual A the settlement amount
by giving him stock he owned in a privately-held company. Defendant said that could
be the easiest way, because defendant could just sign over his shares. Defendant said
the stock could double or even triple in value. Defendant said the stock was supposed
to go public in six months, and the shares could not be transferred until then.
Defendant said he would give Individual A $50,000 in cash in the meantime.
The first time defendant gave Individual A cash was at defendant’s office in
Yorkville. Defendant told Individual A not to buy any big-ticket items with the
money. Individual A understood that defendant did not want to attract any attention
because he wanted the agreement to remain private. When it became clear that the
company in which defendant had stock was not going public any time soon,
Individual A and defendant agreed to meet every month and a half for defendant to
give Individual A $50,000. Later, they changed their arrangement so they would
meet every three months and defendant would give Individual A $100,000. At some
point after defendant and Individual A entered into the agreement, Individual A
asked defendant what would happen if defendant died. Defendant told Individual A
that he had a safe deposit box and the agreement would be fulfilled, but did not say
specifically what was in the safe deposit box. Only later did Individual A realize that
defendant had no plan to continue to pay Individual A if defendant died.
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After the first payment at defendant’s office, all of the subsequent meetings
were in the parking lot of a store in Yorkville. Defendant and Individual A
communicated through text messages to arrange the meetings. These regular
payments—totaling around $1.7 million—continued until December 2014.
Information Provided by Individual B
Individual B was a wrestler at Yorkville High School for defendant. One day
during his freshman year, when Individual B was 14 years old, Individual B was
alone in the locker room with defendant after Individual B had worked out. Either
just after Individual B showered or while Individual B changed by his locker,
defendant told Individual B to get on a table so defendant could “loosen him up.”
Individual B lay on the table face-down and defendant started massaging him.
Defendant had Individual B turn over so Individual B was lying face-up on the table.
Defendant then performed a sexual act on Individual B.
Information Provided by Individual D
Individual D was a member of defendant’s Yorkville High School wrestling
team. Individual D recalled that defendant put a “Lazyboy”-type chair in direct view
of the shower stalls in the locker room where he sat while the boys showered. One
day when Individual D was 17 years old, he stayed after practice to cut weight.
Defendant told Individual D he could help him make weight. Individual D asked how
defendant could help, and defendant told Individual D that a massage could take
some pounds off. Defendant had Individual D lie face down on a table. Defendant
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soon removed Individual D’s pants and told Individual D to turn over on his back.
Defendant then performed a sexual act on Individual D. At some point, Individual D
got up, dressed, and left. This was the only time that defendant molested Individual
D, and defendant and Individual D never spoke of it.
Information Provided by Jolene Burdge
Jolene Burdge attended Yorkville High School from 1974 to 1979. Her brother,
Stephen Reinboldt, attended Yorkville High School from 1967 to 1971 and was the
student-manager of the wrestling team from 1968 to 1970. Reinboldt died in 1995.
According to Burdge, around 1980, she asked her brother, who was gay, about his
first same-sex experience. Reinboldt told her it was with defendant while he,
Reinboldt, was a high school student. Reinboldt said that defendant had abused him
all through high school. Burdge was stunned. Burdge had always thought that
defendant was like a father figure to Reinboldt because she and her siblings had a
difficult home life. Burdge asked her brother why he never told anyone about the
abuse during high school. Reinboldt said that he had no one to turn to and did not
think anyone would believe him.4

4
A high school friend of Reinboldt told agents that Reinboldt told him in 1973 that he had a
sexual experience with defendant during high school. The friend recalls Jolene Burdge telling people
at her brother’s funeral that defendant had molested her brother. After defendant was indicted, a
second high school friend of Reinboldt contacted the first friend and told him that Reinboldt had told
him that defendant had molested Reinboldt throughout high school while Reinboldt was between 14
and 17 years old. In addition, in 2006, a friend of Burdge executed an affidavit confirming that
Reinboldt told him in 1980 that his first same-sex experience was with defendant while Reinboldt was
in high school.

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After Reinboldt passed away, defendant attended Reinboldt’s wake. Burdge
followed defendant to the parking lot when he left and told him that she knew what
defendant had done to her brother during high school. Defendant just stared at her
and gave no verbal response before walking away.
Information Provided by Individual C
Individual C was a wrestler at Yorkville High School. One day after wrestling
practice, Individual C stayed late to run in order to cut weight. After Individual C
finished showering, defendant asked him if he wanted a massage. Individual C
agreed. Individual C did not think it was strange at first because it was not unusual
for defendant to treat injuries. Defendant told Individual C, who was wearing only a
towel, to get up on a table. At some point, defendant told Individual C to turn over
onto his back. Individual C’s towel came off and his genitals were exposed. Defendant
brushed his hand against Individual C’s genitals, though Individual C does not know
if it was on purpose. Individual C recalls that it was “very weird” and made him
uncomfortable. Individual C did not physically react to being touched by defendant,
and at some point he got up and put on his clothes.
The Conclusions Drawn from the Investigation and Victim Interviews
Defendant knew that if his molestation of Individual A became public, it would
increase the chance that other former students he molested would tell their stories.
Defendant also knew from his interactions with Jolene Burdge at her brother’s
funeral years earlier that she had been deeply affected by what defendant did to her
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brother, and she was likely to tell her story publicly if anyone would listen. It was
against this backdrop that, once confronted by Individual A, defendant spent years
violating banking laws of which he was fully aware in order to keep secret his sexual
abuse of wrestling team members.
During the December 8, 2014 interview with agents at his home, defendant
denied that he was in any sort of trouble and told agents he was simply “keeping the
money.” These statements, as it turned out, were false. Defendant lied to the agents
to conceal what the government later learned was the true reason he structured the
withdrawals, which was to quietly compensate one of his sexual abuse victims.
The government did not immediately charge defendant after the December 8,
2014 interview—even though his explanation that he was keeping the money in a
safe place did not make much sense. The government continued to investigate after
defendant’s counsel and defendant told the government that defendant was being
extorted by Individual A. As set forth above, the government soon determined that
the extortion claims were untrue.
B.

History and Characteristics of the Defendant

In October 1979, in the midst of high school wrestling season, defendant chose
to pursue a public life in politics. Defendant’s sexual abuse of boys on his team
occurred before this decision and was still occurring at the time defendant chose to
enter public life. Defendant was not just a teacher and coach. Defendant was famous
in Yorkville as the beloved coach of the state champion wrestling team; the leader of
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a boys’ club that took trips to the Grand Canyon and the Bahamas; and the popular
teacher who gave kids rides in his Porsche. David Bernstein, Small Town, Big
Secret?, CHICAGO MAGAZINE (Sept. 2015). Defendant was so sure his secrets were safe
that he apparently had no fears about entering a profession where one is subject to
constant scrutiny and media attention. As Stephen Reinboldt told his sister when she
asked him why he never told anyone what defendant did to him during high school,
“Who is ever going to believe me?” Julie Bosman and Dave Philipps, Woman Says
Hastert Abused Her Brother in High School, N.Y. TIMES, June 5, 2015.
Defendant’s history and characteristics are marred by stunning hypocrisy.
When reflecting on his days coaching high school wrestling, defendant wrote,
“There’s never sufficient reason to try to strip away another person’s dignity.” Denny
Hastert, Speaker: Lessons from Forty Years in Coaching and Politics 26 (2004). Yet
that is exactly what defendant did to his victims. He made them feel alone, ashamed,
guilty and devoid of dignity. While defendant achieved great success, reaping all the
benefits that went with it, these boys struggled, and all are still struggling now with
what defendant did to them. Some have managed better than others, but all of them
carry the scars defendant inflicted upon them. The incidents of sexual abuse occurred
at a time in their lives when they stood on the beginning edge of sexual maturity. It is
profoundly sad that one of their earliest sexual experiences was in the form of abuse
by a man whom they trusted and whom they revered as a mentor and coach.
Defendant’s legacy of sexual abuse and its real consequences are as much a part of
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defendant’s history and characteristics as those he has presented to the Court in his
Sentencing Memorandum.
Defendant, in his Sentencing Memorandum, expressed deep regret and
remorse for his actions decades ago and the harm he caused to others. But earlier, in
his Defendant’s Version, though defendant did not dispute the facts of Individual A’s
account, he suggested ambiguity about whether those facts constitute sexual
misconduct. Defendant used his position of trust as a teacher and coach to touch a
child’s genitals and then undress and ask the child for a back massage in a motel
room. There is no ambiguity; defendant sexually abused Individual A.
Further, in his Defendant’s Version, defendant denies sexually abusing
Stephen Reinboldt. Prior to his death, Reinboldt told his sister and others close to
him, as early as 1973, about defendant’s abuse—well before defendant abused some
of the other known victims and years before any of those victims recounted the abuse.
Defendant’s denial, in order to be true, means that Reinboldt would have had to lie
about himself yet successfully predict what defendant would do in the future to other
students. This cannot be. Reinboldt was a victim and defendant was his abuser.
Defendant has denied the truth about a victim who no longer can step forward and
speak for himself. The Court may properly consider defendant’s unwillingness to
accept aspects of his past misconduct when weighing defendant’s personal history
and characteristics under Section 3553.

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C.

Need for Sentence to Reflect the Seriousness of the Offense,
Promote Respect for the Law, Afford Adequate Deterrence and
Provide Just Punishment

Defendant’s conduct is serious by any measure. The structuring laws are in
place for a good reason: they help law enforcement ferret out serious criminal activity
that could otherwise go undetected. That underlying criminal activity may include,
as here, sexual abuse of minors. When considering the seriousness of the offense it is
impossible to separate the “technical” crime of structuring from its surrounding
conduct, which includes defendant’s motive for engaging in the structuring crime
(concealing his sexual abuse of minors). The sentence should reflect that seriousness
and provide appropriate punishment.
With regard for the need for the sentence to promote respect for the law, there
are two distinct considerations in this case. First, the sentence must reflect the
seriousness of the offense and promote general deterrence. A meaningful sentence for
structuring that is committed to conceal other criminal activity provides deterrence
not only of future structuring offenses, but also of the use of structuring to conceal
other crimes. Because this case has received substantial media attention, there is a
meaningful opportunity for the sentence to promote respect for the law and to deter
others from similar crimes. And the sentence should send the message that all are
equal before the law—specifically—that a wealthy and powerful person who held
high office is subject to the same sanctions as an ordinary citizen.

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The government does not believe that the need for specific deterrence is a
significant factor in this case. However, as set forth below, the government agrees
with the Probation Officer that certain supervised release conditions should be
imposed in this case.
D.

Response to Certain Arguments in Mitigation

The government acknowledges that defendant has serious health conditions
and the government has no reason to dispute the defendant’s current state of ill
health. The defendant’s physical condition constitutes mitigation that the Court
should consider along with the aggravating factors. It is worth noting, however, that
if the Court imposes a term of imprisonment, the Bureau of Prisons is capable of
housing defendant in a medical facility where he could be seen by outside specialists
and receive necessary medications. PSR at 113.
Defendant also cites his record of public service and the letters of support he
has received as reasons for leniency. The government does not take issue with
defendant’s public service, nor does it doubt the sincerity of defendant’s supporters.
Defendant’s public service and support from his family and some in the community
are positive aspects of defendant’s character that the Court should consider. The
difficulty remains, however, for the Court to balance the positive nature of
defendant’s public service with the need to avoid a public perception that the
powerful are treated differently than ordinary citizens when facing sentencing for a
serious crime. Similarly, the Court must balance the defendant’s public service and
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the sincerity of defendant’s supporters who wrote letters on his behalf against the
fact that defendant enjoyed opportunities and the support of others through the
years by keeping secret his sexual abuse of children, including by committing the
crime for which he is being sentenced.
III.

Response to
Information

Allegations

Regarding

Government’s

Release

of

In the Defendant’s Version, defendant references two apparent unauthorized
disclosures of information to the press, one shortly before indictment and one at the
time of indictment. To be clear, any government official who had knowledge of this
case, whether before or after indictment, should not have released non-public
information about the case to the press. Such leaks should never occur. In each
instance, the United States Attorney’s Office immediately took appropriate measures
consistent with Department of Justice policies and procedures.
Unfortunately, the apparent leaks caused the existence of the investigation to
be discussed publicly before charges were filed, placed the defendant in a spotlight of
allegations not expressed in the indictment once issued, and blindsided a victim who
had not otherwise been referenced in the charges. The information about Individual
A’s sexual abuse and the existence of other victims would have eventually come out
through the normal process of the case and, therefore, the apparent leaks are not
mitigation of defendant’s sentence. They are, though, destructive of the criminal
justice process itself.

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Up to now, the government has limited its presentation of information to
protect the victims and to avoid prejudicing the potential jury pool through explicit
reference to molestation crimes that were not (and could not) be charged in this case.
Now, however, defendant has pled guilty and there is no risk of pretrial jury
prejudice. Further, there is a clear need now, in light of the Court’s required
consideration of the Section 3553 factors, for full information to be known publicly
about all aspects of defendant’s conduct relating to the structuring activity, of which
the sexual abuse is a core component. Lastly, the victims are in a position now that,
while most still want to maintain personal anonymity, they understand that the
details of what happened to them are an important and necessary part of the
sentencing considerations in this case.
IV.

Proposed Conditions of Supervised Release
The United States recommends that the Court impose the conditions of

supervised release set forth below.
A.

Mandatory Conditions of Supervised Release

The following conditions are required by 18 U.S.C. § 3583(d):
1.

Defendant shall not commit another Federal, State or local crime (1).

2.

Defendant shall not unlawfully possess a controlled substance (2).5

5
The government agrees with the Probation Officer that the Court waive mandatory condition
6 (drug testing) because defendant does not have a history of substance abuse. This mandatory
condition “may be ameliorated or suspended by the court for any individual defendant if the
defendant’s presentence report or other reliable information indicates a low risk of future substance
abuse by the defendant.” 18 U.S.C. § 3563(a)(5).

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3.

Defendant shall cooperate in the collection of a DNA sample if the

collection of such a sample is required by law (5).
B.

Discretionary Conditions of Supervised Release

The following conditions would facilitate supervision by the probation officer,
encourage compliance with the law and deter the defendant from future crimes, and
may be imposed pursuant to 18 U.S.C. §§ 3563(b) and 3583(d):
1.

Defendant shall not knowingly meet or communicate with Individuals

A, B, C and D without preapproval from a probation officer (6).
2.

Defendant shall refrain from possessing a firearm, destructive device,

or other dangerous weapon (8).
3.

Defendant shall remain within the jurisdiction where he is being

supervised (with a map being provided to the defendant by the probation officer at
the inception of the supervised release period), unless granted permission to leave by
the court or a probation officer (14).
4.

Defendant shall report to a probation officer as directed by the court or a

probation officer (15).
5.

Defendant shall permit a probation officer to visit him at home at any

reasonable time and shall permit confiscation of any contraband observed in plain
view of the probation officer (16).

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6.

Defendant shall notify a probation officer promptly, within 72 hours, of

any change in residence, employer, or workplace and, absent constitutional or other
legal privilege, answer inquiries from a probation officer (17).
7.

Defendant shall notify a probation officer promptly, within 72 hours, if

arrested or questioned by a law enforcement officer (18).
C.

Special Conditions of Supervised Release

The following conditions would deter the defendant from future crimes, protect
the public, and provide the defendant with needed treatment, and may be imposed
pursuant to 18 U.S.C. §§ 3563(b)(22) and 3583(d). These conditions are necessary in
light of defendant’s history of sexual misconduct (PSR at 7; PSR Supp. 1; PSR Supp.
3).
1.

Defendant shall participate in a sex offender evaluation. The specific

evaluation and provider will be determined by a probation officer. Defendant shall
comply with all recommended treatment, which may include psychological and
physiological testing, as a result of the evaluation. (9).
2.

If the probation officer determines that defendant poses a risk to

another person, the probation officer shall notify the Court and provide a
recommendation for further action. (13).

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V.

Conclusion
For the foregoing reasons, the government respectfully requests that the

Court sentence the defendant within the applicable Guidelines range as determined
by the Court and impose the conditions of supervised release recommended by the
government.
April 8, 2016

Respectfully submitted,
By: /s/ Steven A. Block
ZACHARY T. FARDON
United States Attorney
Steven A. Block
Diane MacArthur
Assistant U.S. Attorneys
219 South Dearborn St.
Chicago, Illinois 60604
(312) 353-5300

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