From the Sun-Times:
Death takes Hired Truck bagman off the hook
Case similar to Enron's Lay; widow will get pension
October 24, 2006
BY MAUREEN O'DONNELL Staff Reporter
Admitted bagman Roger McMahon was a key figure in the Hired Truck
scandal. But with his death before sentencing, it's "like it never
happened,'' his lawyer said Monday, and his widow will get at least
half his city pension.
"In effect, he dies without a criminal conviction,'' said lawyer Irving Miller.
"You know how [Enron founder] Ken Lay was found guilty in Houston,
and he died before he was sentenced? Roger's in the same position,''
Miller said. "If the defendant dies prior to the time a defendant has
basically exhausted his appeals -- and Roger wasn't even close, he
wasn't even sentenced yet -- everything gets abated.''
Lay died before his sentencing and appeals. Last week a judge
dismissed Lay's conviction for fraud and conspiracy. McMahon, 79, died
Friday. His widow, Barbara, will get at least half of his city water
department pension, said Fred Heiss, a lawyer for the Laborers'
Annuity and Benefit Fund of Chicago.
McMahon had one of the largest pensions of any retired city worker,
records show -- about $75,000 a year. Typically, surviving spouses of
deceased city officials continue to receive no less than half of their
pensions, said Heiss. But public officials usually lose their pensions
if they are convicted of committing crimes while on the job.
However, "under Illinois law, a conviction doesn't take place until
the sentencing,'' Heiss said. Furthermore, McMahon pleaded guilty to
acts that occurred after he retired from the water department, Miller
said.
McMahon, of Edison Park, pleaded guilty in May 2005 to federal mail
fraud. He admitted collecting more than $50,000 in bribes on behalf of
First Deputy Water Commissioner Donald Tomczak. McMahon pocketed less
than $10,000 himself.
McMahon's sentencing had been postponed because of ill health. He
died of cancer, Miller said.
Contributing: Tim Novak