Trial Court’s bail ruling creates “Injustice.”
“This case is a prime candidate for appeal.”
CHICAGO–(BUSINESS WIRE)–Counsel for former Commonwealth Edison CEO Anne Pramaggiore filed a motion today with the Seventh Circuit Court of Appeals seeking bail pending the appeal of her conviction.
“This case is a prime candidate for bail pending an appeal,” former U.S. Solicitor General Paul Clement, Ms. Pramaggiore’s appellate counsel, wrote in the brief. “The government has conceded most factors relevant to the bail pending inquiry, and half the case against her has already been thrown out.
“The only point of contention is whether Pramaggiore has raised one or more ‘substantial questions’ i.e., debatable questions – that would result in retrial, reversal or a sentence without imprisonment on the remaining half of the case. That standard is plainly satisfied . . . in spades,” the brief said.
The trial court denied bail on October 14, 2025. Ms. Pramaggiore was sentenced on July 21, 2025, to two years in prison. Ms. Pramaggiore is the only female CEO in ComEd’s history. Her leadership and vision turned around a failing electric utility and transformed it into one of the country’s best while cutting rates four times and reducing outages to historic lows.
The government based its case on a theory that Ms. Pramaggiore bribed former Illinois House Speaker Mike Madigan by hiring Madigan’s allies in order to curry favor with Madigan so he would support badly needed utility reform bills. They argued further that she covered up the alleged scheme in violation of another federal law, the Foreign Corrupt Practices Act (FCPA). The government never tried to prove a quid pro quo in this case, but insisted it could convict Ms. Pramaggiore without one.
After the Supreme Court rejected the same argument made by federal prosecutors in a different criminal case, Snyder v. United States in 2024, the trial court dismissed the bribery convictions against Ms. Pramaggiore on which the remaining FCPA convictions rested.
“The government’s theory was always that the Defendants falsified records . . . to cover up an unlawful bribery scheme. . . But after Snyder, there was no federal bribery scheme to cover up at all,” the brief said. “Leaving the FCPA-tail in place, while vacating the [bribery] counts, thus not only violates well established principles . . . it blinks at reality and creates an injustice that cannot stand.”
A copy of the brief is available by request by emailing [email protected].
About Mark Herr Communications
Mark Herr provides strategic advice and communications support to prominent companies and public figures who find themselves engaged in high-profile litigation, labor disputes, legislative and regulatory battles, and other public controversies. A former trial lawyer, regulator, reporter and senior Wall Street corporate communications executive, Mark provides a sophisticated understanding of the unique junction of the court of law and the court of public opinion.
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