Blagojevich Trial Verdict Form: Which charges are stumping the jurors?

August 12, 2010

Okay, if you are like us, you're scratching your head trying to figure out exactly which 2 of the 24 counts the jurors have agreed on. To make your speculating easier, we've decided to post this verdict guide a bit earlier than planned. (Leave your guesses in the comments section.) Take a look below for a review of each charge against Rod and Robert Blagojevich. This is a shorthand version, of course. For a complete understanding of what is facing the 12 jurors, read the indictment and jury instructions. We've included a note about maximum penalties for each offense if a defendant is found guilty, but with federal sentencing guidelines, a final sentence would likely be significantly less than the totals listed here. The ex-governor faces 24 counts, and Robert ended up facing 4 of those. Both defendants pleaded not guilty to all charges. The counts fall into 4 rough categories: And, with that, we present to you this (annotated) verdict form: COUNT 1 (Racketeering) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
To find Rod Blagojevich guilty of racketeering, the jury must find he committed at least two of the six racketeering acts listed below, and that those acts were "in some way related" to each other. You'll notice that each racketeering act contains multiple offenses. To find that Blagojevich committed the act, the jury needs only to agree that one of the offenses was committed.

Racketeering Act 1 (Pension Obligation Bond Deal)

The government alleges that, in 2003, Blagojevich and members of his inner circle "agreed to direct lucrative state business" to Bear Stearns, relating to the refinancing of billions of dollars in state pension bonds. Prosecutors say the company's lobbyist, Bob Kjellander, "agreed to provide hundreds of thousands of dollars to Blagojevich pal Tony Rezko out of the fee the lobbyist would collect, and Rezko agreed to split the money with Blagojevich and the others.

1(a) Conspiracy to Commit Bribery

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

1(b) Bribery

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

Racketeering Act 2 (School Grant)

The government alleges that, in 2006, Blagojevich delayed state payments on a promised $2-million grant to a school in the congressional district of U.S. Rep. Rahm Emanuel. Prosecutors say Blagojevich did this to try to leverage Emanuel to get his brother, a Hollywood agent, to throw the governor a fundraiser.

2(a) Attempted Extortion (Count 14 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

2(b) Attempted Bribery

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

Racketeering Act 3 (Children's Memorial Hospital)

Prosecutors say Blagojevich delayed a promised increase to the Medicaid reimbursement rate for pediatricians, after Patrick Magoon from Children's Memorial Hospital ignored requests in late 2008 that he round-up campaign donations.

3(a) Attempted Extortion (Count 15 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

3(b) Attempted Bribery

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

3(c) Wire Fraud (Count 3 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

Racketeering Act 4 (Racetrack Executive)

The government alleges Blagojevich delayed signing a piece of legislation in late 2008 that would benefit the horse race industry, as he waited for campaign donations from racetrack executive John Johnston.

4(a) Conspiracy To Commit Extortion (Count 17 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

4(b) Conspiracy To Commit Bribery (Count 18 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

4(c) Wire Fraud (Count 12 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

Racketeering Act 5 (Highway Contractor)

Prosecutors say Blagojevich and his associates tried to pressure construction executive Gerald Krozel to bundle campaign donations from road builders in exchange for the possible launch of an expanded tollway construction plan.

5(a) Attempted Extortion (Count 19 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

5(b) Attempted Bribery

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

Racketeering Act 6 (Senate Seat)

In its most headline-inducing set of charges, the government alleges Blagojevich sought to obtain personal benefits by leveraging his power to appoint a U.S. senator to fill the seat being vacated by then-President-elect Barack Obama.

6(a) Conspiracy To Commit Extortion (Count 21 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(b) Attempted Extortion (Count 22 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(c) Conspiracy to Commit Bribery (Count 23 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(d) Wire Fraud (Count 4 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(e) Wire Fraud (Count 5 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(f) Wire Fraud (Count 6 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(g) Wire Fraud (Count 7 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(h) Wire Fraud (Count 8 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(i) Wire Fraud (Count 9 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(j) Wire Fraud (Count 10 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(k) Wire Fraud (Count 11 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

6(l) Wire Fraud (Count 13 is the related charge.)

__ COMMITTED‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT COMMITTED

COUNT 2 (Racketeering Conspiracy) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
With the racketeering conspiracy charge, the government alleges Blagojevich "knowingly conspired to conduct or participate" in the above racketeering acts.
COUNT 3 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
Children's Memorial Hospital head Patrick Magoon says Blagojevich called him on October 17, 2008, to tell him he'd signed off on a Medicaid rate increase for pediatricians. Prosecutors say this and other calls furthered a scheme to get campaign donations from Magoon in exchange for government action. (No tape is in evidence for this alleged phone call.) Magoon was in Florida for the call, the government says, which fulfills the "interstate" requirement of the federal fraud statute.
COUNT 4 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY ROBERT BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
On November 1, 2008, Blagojevich talked on the phone with his brother, Robert, who was in Nashville, Tennessee. The two discussed the status of campaign contributions expected from racetrack executive John Johnston. Prosecutors say this and other calls were part of a scheme to get campaign contributions from Johnston in exchange for the governor signing a bill favorable to Johnston's industry. They also discussed possible contributions from construction executive Gerald Krozel, and Senate hopefuls Blair Hull and U.S. Rep. Jesse Jackson, Jr. (Read and listen to this call.)
COUNT 5 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
On November 7, 2008, Blagojevich, his chief of staff John Harris and political advisor Fred Yang had a conference call in which they discussed ways the governor could benefit from his power to appoint a senator. Prosecutors say Yang was in Washington, DC, at the time. (Read and listen to this call.)
COUNT 6 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
On November 10, 2008, Blagojevich, along with his wife and various advisors, some who were out of state, discussed the Senate appointment and what could be gained from it. (Read and listen to this call.)
COUNT 7 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This phone call, on November 12, 2008, includes Blagojevich and political advisor Fred Yang, who is in Washington, DC. The conversation includes Blagojevich discussing the possibility of starting an issue advocacy group. Other tapes show the governor wanted presidential donors to dump money into the group. In exchange, prosecutors say, Blagojevich would appoint Valerie Jarrett, a friend of President-elect Barack Obama, to the Senate. (Read and listen to this call.)
COUNT 8 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
Also on November 12, 2008, Blagojevich had a phone call with labor union official Tom Balanoff, who says he was in Washington, DC at the time. The governor proposed getting help from donors to President-elect Barack Obama to start an issue advocacy group he would lead. Prosecutors say Blagojevich tied this request to the Senate appointment of Valerie Jarrett when he said such a group would "help our new Senator Valerie Jarrett." (Read and listen to this call.)
COUNT 9 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This call was a bit later in the day on November 12, 2008, again between labor union official Tom Balanoff (In Washington, DC) and Blagojevich, concerning the Senate seat. (Read and listen to this call.)
COUNT 10 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
On November 13, 2008, Blagojevich had a few calls with his former aide Doug Scofield, who is a lobbyist and consultant. Scofield testified he was in Michigan at the time of this call, which focused on the Senate seat and continued discussions about getting help from President-elect Barack Obama's donors to set up an issue advocacy group Blagojevich could lead. The connection between the two items, Blagojevich told Scofield, is "unsaid." (Read and listen to this call.)
COUNT 11 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
A few minutes later on November 13, 2008, Blagojevich again chatted with former aide Doug Scofield, who was in Michigan. They discussed how Blagojevich wanted Scofield to get a message to another former aide, John Wyma, who in turn was expected to pass it on to U.S. Rep. Rahm Emanuel, the future White House chief of staff. (Read and listen to this call.)
COUNT 12 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This phone call between Blagojevich and his former chief of staff, Lon Monk, took place on December 4, 2008. Monk, a lobbyist, testified he was in Miami at the time, awaiting a connecting flight for a golf trip to the Dominican Republic. In the call, Monk advised Blagojevich to call racetrack executive John Johnston. Prosecutors allege the governor was trying to get campaign donations by leveraging his power to sign a bill favorable to the racetrack industry. Monk told the governor, "It's better if you [call Johnston,] just from a pressure point of view." (Read and listen to this call.)
COUNT 13 (Wire Fraud) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
On November 4, 2008, Blagojevich talked with Deputy Governor Bob Greenlee and political advisor Fred Yang on a conference call. The discussion, prosecutors point out, includes a mention of "tangible political support"¦specific amounts and everything"¦some of it up front" if Blagojevich appoints U.S. Rep. Jesse Jackson, Jr., to the Senate. Yang is in Washington, DC, at the time of this call. (Read and listen to this call.) NOTE: Robert Blagojevich was indicted on Count 13 along with his brother, but prosecutors dropped the charge just before closing arguments began.
COUNT 14 (Attempted Extortion) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
The government alleges in the above charge that Blagojevich tried to extort campaign donations in 2006 from U.S. Rep. Rahm Emanuel and his brother, by leveraging the governor's power to release a state grant to a school in Emanuel's congressional district.
COUNT 15 (Attempted Extortion) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This charge alleges Blagojevich attempted to extort campaign donations in 2008 from Children's Memorial Hospital and its CEO, Patrick Magoon, by leveraging the governor's power to suspend a pending increase in the Medicaid reimbursement rate for pediatricians.
COUNT 16 (Bribery) MAXIMUM PENALTY: 10 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
Also focusing on Children's Memorial Hospital, this bribery charge alleges Blagojevich "corruptly solicited and demanded" campaign donations from the hospital and Patrick Magoon.
COUNT 17 (Conspiracy to Commit Extortion) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This conspiracy charge relates to Blagojevich's discussions (and the subsequent acts) in 2008 with lobbyist Lon Monk, the governor's former chief of staff. The government says the two discussed leveraging Blagojevich's power to sign legislation beneficial to the racetrack industry, in order to get campaign donations from racetrack executive John Johnston.
COUNT 18 (Conspiracy to Commit Bribery) MAXIMUM PENALTY: 5 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This conspiracy charge also relates to the racetrack legislation mentioned directly above.
COUNT 19 (Attempted Extortion) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
The government alleges Blagojevich tried to extort campaign donations from construction executive Gerald Krozel, by leveraging his power to push through a multi-billion dollar tollway construction plan.
COUNT 20 (Bribery) MAXIMUM PENALTY: 10 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This bribery charge relates to the attempted extortion charge immediately above, in which prosecutors say Blagojevich "corruptly solicited and demanded things of value" from construction executive Gerald Krozel in exchange for possible official action.
COUNT 21 (Conspiracy to Commit Extortion) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY ROBERT BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This conspiracy charge relates to some of the governor's discussions (and the subsequent acts) in 2008 with his brother Robert and chief of staff John Harris. Prosecutors say Blagojevich "sought to obtain financial benefits for himself and his wife," by leveraging his power to appoint a U.S. senator.
COUNT 22 (Attempted Extortion) MAXIMUM PENALTY: 20 years, $250K fine ROD BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY ROBERT BLAGOJEVICH __ GUILTY‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  __ NOT GUILTY
This attempted extortion charge relates to the alleged efforts to profit from the U.S. Senate appointment.
COUNT 23 (Conspiracy to Commit Bribery) MAXIMUM PENALTY: 5 years, $250K fine ROD BLAGOJEVICH __ GUILTY __ NOT GUILTY ROBERT BLAGOJEVICH __ GUILTY __ NOT GUILTY
This conspiracy charge relates to the alleged efforts to profit from the U.S. Senate appointment.
COUNT 24 (Making a false statement or representation) MAXIMUM PENALTY: 5 years, $250K fine ROD BLAGOJEVICH __ GUILTY __ NOT GUILTY
The government alleges that, in an interview with the FBI in March of 2005, Blagojevich "knowingly and willfully [made] materially false, fictitious and fraudulent statements and representations." In order to find the ex-governor guilty of this charge, jurors need only agree unanimously on one of the following alleged offenses:

False Statement 1 ("ROD BLAGOJEVICH has tried to maintain a firewall between politics and government.")

__ COMMITTED __ NOT COMMITTED

False Statement 2 ("ROD BLAGOJEVICH does not track, or want to know, who contributes to him or how much they are contributing to him.")

__ COMMITTED __ NOT COMMITTED