CONFLICT OF INTEREST - A TOTALLY IGNORED ILLINOIS CRIMINAL SANCTION AGAINST CORRUPTION IN GOVERNMENT

• NCJ Number: 63814
• Journal: Chicago-Kent Law Review Volume: 52 Issue: 1 Dated: (1975) Pages: 64-81
• Author(s): M I SPAK; P PARENTI
• Date Published: 1975
• Length: 18 pages
• Corporate Author: Illinois Institute of Technology
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE REVIEWS CONFLICT OF INTEREST LITIGATION IN ILLINOIS TO ASCERTAIN THE FEASIBILITY OF PROMPTING LOCAL LAW ENFORCEMENT AUTHORITIES TO ENFORCE CURRENT PENAL SANCTIONS.

Abstract

AS A PRINCIPLE OF PUBLIC POLICY AND COMMON LAW, CONTRACTS BETWEEN PUBLIC OFFICIALS AND THE GOVERNING BODY ARE VOID IN CASES IN WHICH TREASURY FUNDS ARE USED AND IN WHICH PUBLIC OFFICIALS ACT OR VOTE ON THEIR CONTRACTS. MOREOVER ALL ELECTED OR APPOINTED MUNICIPAL OFFICERS IN ILLINOIS ARE WITHIN THE PURVIEW OF A STATUTE PROHIBITING THE HOLDING OF BENEFICIAL INTERESTS IN MUNICIPAL CONTRACTS FOR WHICH CITY TREASURY FUNDS ARE PAID. COURT CASES ARE ANALYZED WHICH INVALIDATED MUNICIPAL CONTRACTS, THUS DETERMINING THAT A CONFLICT OF INTEREST EXISTED BETWEEN CERTAIN MUNICIPAL OFFICERS AND THE CITY IN DEROGATION OF STATE STATUTES. IF PROSECUTORS CAN PROVE A DEFENDANT'S 'SPECIAL KNOWLEDGE,' THE ACCUSED MAY BE INDICTED ON COUNTS OF OFFICIAL MISCONDUCT AND CONFLICT OF INTEREST. OTHERWISE, AN INDICTMENT MAY BE GROUNDED UPON THE GENERAL INTENT CONFLICT OF INTEREST STATUTES. AN ANALYSIS OF CRIMINAL PROSECUTIONS OF CONFLICT OF INTEREST CASES IN NEW JERSEY, TENNESSEE, AND NORTH DAKOTA ILLUSTRATE HOW STATUTES COMPARABLE TO THOSE OF ILLINOIS CAN RESULT IN CRIMINAL INDICTMENT AS WELL AS NEGATION OF ILLEGAL CONTRACTS. ILLINOIS OFFICIALS HAVE BEEN INDICTED IN FEDERAL COURTS, WHERE THE ILLINOIS CONFLICT OF INTEREST STATUTES SERVED TO DEFINE THE STANDARD OF CONDUCT EXPECTED OF THE DEFENDANT, AND BORE UPON THE DEFENDANT'S KNOWLEDGE AND INTENT TO DEFRAUD. MOREOVER, THE ILLINOIS GOVERNMENTAL ETHICS ACT, AIMED AT PREVENTION OF CONFLICT OF INTEREST BY STATE LEGISLATORS, ALSO REQUIRES DISCLOSURE OF ECONOMIC INTERESTS FROM LOCAL GOVERNMENT OFFICIALS. THUS, IT IS APPARENT THAT LOCAL PROSECUTORS HAVE THE PENAL STATUTES AVAILABLE TO EFFECTIVELY DETER CONFLICT OF INTEREST CORRUPTION IN ILLINOIS. SHOULD THE VOID OF CONVICTIONS IN ILLINOIS CONTINUE, FEDERAL PROSECUTORS WILL BE COMPELLED TO ASSUME AN EVEN GREATER ROLE IN CONVICTING LOCAL OFFICIALS FOR BREACH OF THE PUBLIC TRUST. FOOTNOTES ARE INCLUDED. (MRK)