Ex-Illinois lawmaker abruptly pleads guilty to fraud and money laundering

Verdicts & Settlements

Former Illinois lawmaker and gubernatorial candidate William “Sam” McCann abruptly pleaded guilty on Thursday to nine felony counts of wire fraud, money laundering and tax evasion, halting his federal corruption trial over misusing up to $550,000 in campaign contributions.

McCann, who cut off negotiations over a plea deal last fall when he dismissed his court-appointed attorneys, made the reversal on the third day of a bench trial before U.S. District Court Judge Colleen Lawless. His latest lawyer, Jason Vincent, of Springfield, asked that he be released from custody as part of the deal, but Lawless nixed the idea, telling McCann his only option was to offer a no-strings open plea.

The seven counts of wire fraud and single count of money laundering each carry a sentence of up to 20 years in federal prison. For tax evasion, it’s three. But a complex set of advisory guidelines before Lawless, who set sentencing for June 20, will likely yield a far shorter term.

“Are you pleading guilty because you are in fact guilty?” Lawless asked. The 54-year-old McCann, wearing the gray-and-black striped jumpsuit of the nearby county jail where he’s held, replied, “Yes, your honor.”

Lawless set a hearing for Friday on McCann’s release request, but it’s certain to draw opposition from the government and not just because McCann violated probation last week when he left the state to check himself into a hospital with chest pains. Assistant U.S. Attorney Timothy Bass told Lawless he would introduce as further evidence of McCann’s unreliability a bizarre social media video posted just this week in which McCann claims a government conspiracy involving an “ungodly pack of lies” is against him.

A state senator from 2011 to 2019, McCann formed the Conservative Party of Illinois to campaign for governor in 2018. A criminal indictment in 2021 outlined numerous schemes McCann employed to convert contributions from his campaign committees to buy vehicles, pay an overdue loan, two mortgages, credit card bills and fund a family vacation, entertainment and other purchases.

For his unsuccessful run for governor, he collected more than $3 million dollars from Local 150 of the International Union of Operating Engineers alone. Despite being questioned four times by FBI and IRS agents in summer 2018 about alleged improper spending, he tore through $340,000 in leftover campaign funds for personal expenses in the year after the election.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

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