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UNITED STATES v. MADRZYK

July 17, 1997

United States of America, Plaintiff,
v.
John S. Madrzyk, Kelly Perry Madrzyk, Defendants.



The opinion of the court was delivered by: NORGLE

 CHARLES R. NORGLE, SR., District Judge:

 Before the court is Defendant John Madrzyk's Motion to Dismiss for Want of Subject Matter Jurisdiction. For the following reasons, the motion is denied.

 I. FACTS *fn1"

 Defendant, John S. Madrzyk ("Madrzyk"), was elected the Alderman of the 13th Ward in the City of Chicago in 1973, and was re-elected to four more terms, ending in October 1994. As an Alderman, Madrzyk served as the Chairman of the City Council's Committee on Special Events and Cultural Affairs ("Special Events Committee").

 The Government alleges that Madrzyk arranged to have the City of Chicago ("City") hire Defendant, Kelly Perry Madrzyk ("Perry"), to provide services to the Special Events Committee. The Government alleges that Madrzyk arranged for Perry to (1) receive bi-weekly paychecks from the City between January 16, 1991, and March 1, 1992; (2) receive health insurance coverage between May 1991 and March 1992; and (3) apply for pension benefits in July 1995. The Government further alleges that Madrzyk knew that Perry would not, and did not, perform any work for the City to earn the monies and benefits paid to Perry.

 As such, the superseding indictment charges (1) that Defendants, Kelly Perry Madrzyk, John S. Madrzyk, Gregory Swan, and David Sipich (collectively "Defendants") *fn2" , were agents of the City; (2) that the City received federal assistance in excess of $ 10,000; and (3) that Defendants, while acting as agents of the City, stole and misapplied more than $ 5,000 from the City in violation of 18 U.S.C. § 666.

 II. DISCUSSION

 Pursuant to Federal Rule of Criminal Procedure 12(b)(2), Madrzyk moves the court to dismiss the superseding indictment for lack of subject matter jurisdiction. *fn3" The superseding indictment charges Madrzyk under 18 U.S.C. § 666.

 In order to charge an individual for violating 18 U.S.C. § 666, the Government must allege the following elements: (1) that the individual is "an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof'; (2) that the individual stole or misapplied property that "is valued at $ 5,000 or more" from "such organization, government, or agency"; and (3) that such "organization, government, or agency receives, in any one year period, [federal assistance] in excess of $ 10,000." See 18 U.S.C. § 666.

 Madrzyk argues that he and Perry were agents of the City Council and the Special Events Committee, and not agents of the City. Thus, Madrzyk argues, the superseding indictment should be dismissed, as it fails to allege that the City Council or the Special Events Committee received federal assistance in excess of $ 10,000. The Government responds that the indictment alleges that Madrzyk and Perry were agents of the City, that they stole and misapplied property valued over $ 5,000 from the City, and that the City received federal assistance in excess of $ 10,000.

 In addition, the City's contract with Perry evidences that Madrzyk was authorized to act on behalf of the City in his capacity as the Alderman for the 13th Ward. The City's contract provides that it was acting through Madrzyk to enter into an employment contract with Perry. As such, the Government can present evidence to show that Madrzyk was an agent of the City.

 The City's contract with Perry also evidences that the City hired Perry to provide services for the City Council or the Special Events Committee. Thus, the contract evidences that Perry was an agent of the City, as well as the City Council. The Municipal Code § 2-74-030 lists employees of the City Council as another category of City employees. See City of Chicago, Ill., Municipal Code § ...


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