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Trial of Chicago businessman James Weiss: Evidence seen and heard by the jury

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James T. Weiss, 44, who is the son-in-law of former Cook County Democratic boss Joseph Berrios, is charged in a superseding indictment filed in October 2020 with bribery, wire fraud, mail fraud and lying to the FBI. He has pleaded not guilty.

The trial has given jurors — and the public — a glimpse into the largely uncharted world of sweepstakes machines, sometimes called “gray machines,” which allow customers to put in money, receive a coupon to redeem for merchandise online and then play electronic games like slot machines.

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Since the machines can be played for free, they are not considered gambling devices. Critics, however, contend the unregulated devices, which operate in cities, including Chicago, that have banned video gambling, are designed to skirt the law.

Prosecutors rested their case Wednesday after three full days of testimony featuring some 14 witnesses, including former state Sen. Terry Link, who secretly recorded phone calls and meetings with Weiss as well as then-state Rep. Luis Arroyo, who later pleaded guilty to arranging the bribery scheme.

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Weiss’ attorneys did not put on any evidence. In April they’d filed a list of 26 potential witnesses, including lobbyist Shaw Decremer, a former top aide to House Speaker Michael Madigan; Vanessa Berrios, the daughter of former Cook County Democratic boss Joseph Berrios; ex-state Rep. Annazette Collins; Madigan-connected consultant Djavan Conway, and Jeffrey Rush, the son of former U.S. Rep. Bobby Rush.

Prosecutors played a portion of Weiss’ recorded interview with two FBI agents after they pulled him over to serve him with a warrant to seize his cellphone in October 2019. During the clip, FBI Special Agent Curtis Heide confronted Weiss about his claim that he’d talked with Katherine Hunter — who did not exist.

“You never had a phone conversation with Katherine Hunter. You didn’t,” Heide said on the tape.

“There was a woman who Luis (Arroyo) put me in on the phone with,” Weiss insisted. “We were … where the hell was it? We met in person. … I’m trying to give you guys the details.”

Suddenly Weiss remembered they were at Tavern on Rush. He said he and Arroyo were at the restaurant on Chicago’s Near North Side when Arroyo said, “I gotta put you on the phone with Katherine about engaging in the agreement.”

“OK, and he said Katherine?” one of the agents asked.

“I believe it was Katherine, yes,” Weiss replied.

Listen to the audio:

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Then-Illinois state Sen. Terry Link was secretly wired for sound by the FBI in August 2019 when he met at a North Shore Wendy’s restaurant with his colleague, state Rep. Luis Arroyo, and a businessman about passing legislation benefiting so-called sweepstakes gaming machines.

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After some discussion about legalizing and regulating the largely off-the-books machines, Link asked Arroyo if the two of them could speak in private.

As the two stepped outside, FBI agents were recording it on video. Cars could be heard whooshing by on Route 41. Standing face-to-face, Link assured Arroyo, “this is you and I talking now. Nobody else.” He then asked Arroyo a question that is at the center of the bribery case now on trial at the Dirksen U.S. Courthouse:

“What’s in it for me, though?”

On the recording, which was played for a federal jury on Monday, Arroyo proceeded to tell Link that he could get paid a monthly “stipend” of $2,500 for his efforts, and that the payments could be concealed as a consulting fee.

Listen to the audio:

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As the two stepped outside, FBI agents were recording it on video. Cars could be heard whooshing by on Route 41. Standing face-to-face, Link assured Arroyo, “this is you and I talking now. Nobody else.” He then asked Arroyo a question that is at the center of the bribery case now on trial at the Dirksen U.S. Courthouse:

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