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Dec 08, 1997

DePaul Law Professor Says Some Cases Against Silver Shovel Defendants Hinge On An "If"

Arguments will be heard today in the federal corruption case against Ald. Rafael Frias (12th). Leonard Cavise, a professor in the College of Law at DePaul University, said aldermen and other elected officials walk a fine line because granting favors and raising money is a natural part of their duties.

"There needs to be a Chicago definition for bribery and extortion crimes involving alderman and other elected officials who take money from people," said Cavise. "Alderman are employed for the purpose of taking care of people. They are supposed to perform services for their constituents--services that are sometimes called favors. They are allowed, even encouraged by the Democratic Party, to raise money from constituents for election campaigns, for the mayor's war chest or 'for the good of the party'.

"If a constituent says, 'Alderman, here's $5,000 for your precinct organization', then it's not a problem. If the constituent then says 'See if you can get me that zoning variance I asked for', there is still no problem. It's when the two sentences are put together and joined by an 'if' that there becomes a problem.

"If the constituent says 'Here's $5,000 for your precinct organization if you get me that zoning variance, that's bribery. Or, if the alderman says 'I will get you that zoning variance if you give me $5,000', then that's extortion.

"Chicago was built on the premise of give-and-take. 'You take care of me, and I'll take care of you'. No federal investigation, with or without a silver shovel, can bring that system down. If you're going to get a Chicago guy on bribery, it should be for doing more than sticking an 'if' between two sentences."

ProgramsCavise can be reached at DePaul at 312/362-6841.