A 2018 J.B. Pritzker campaign volunteer who was indicted last year for allegedly ripping off the Illinois State Police Merit Board is now at the center of a campaign tussle over whether she should face additional charges — a question that has roiled the Nov. 8 race for attorney general.
But it may take a judge to determine the next move.
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Republican challenger Thomas DeVore has accused Democratic Attorney General Kwame Raoul of burying a potential fraud case to prevent Pritzker and other fellow Democrats from further political embarrassment. But Raoul insists “there was no effort to try to cover anything up” and that he’s declared conflicts of interest because other cases his office is handling could be viewed as having an impact on the potential fraud case.
“I’ve got nothing to hide,” Raoul said.
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In the middle of the political squabble is Jenny Thornley, the merit board’s former chief financial officer who was charged in September 2021 with padding her paycheck with an extra $10,513 in unauthorized overtime. She has pleaded not guilty in Sangamon County court to counts of theft, forgery and official misconduct.
[ Former Illinois State Police Merit Board financial officer accused of filing false overtime reports ]
While Thornley has been charged in that case, DeVore has maintained enough evidence exists to pursue additional fraud charges over tens of thousands of dollars spent on workers’ compensation and disability benefits she received. But DeVore contended that a case against Thornley is not moving forward because of Raoul’s Democratic ties to Pritzker. The Tribune disclosed in December that Thornley has been under scrutiny for receiving the benefits and that a merit board memo noted a ranking insurance agency official viewed Thornley’s collection of benefits as a “clear case of fraud.”
An insurance agency spokeswoman said the department “does not comment on pending workers’ compensation investigations.” Thornley’s attorney could not be reached for comment.
Raoul disputes DeVore’s position and said the attorney general’s office is fighting Thornley in other civil matters, including a federal civil court case in which she charges wrongful termination from her merit board job. Raoul’s office said it is recusing itself from the criminal prosecutions because it does not want to be in a position that might give even the appearance of leveraging a criminal case against Thornley to resolve a civil case or vice versa.
The payroll case is being prosecuted by the state’s attorneys appellate prosecutor. It wound up there after the Sangamon County state’s attorney also recused himself because he is prosecuting a case in which a member of Thornley’s family is allegedly a victim of a hit-and-run accident.
The workers’ comp questions arose because, just as the internal probe of the payroll allegations against her was wrapping up, Thornley alleged her boss sexually assaulted her. Pritzker became entangled after it was revealed Thornley emailed top Pritzker aides and even texted his wife, M.K. Pritzker, about the allegations. M.K. Pritzker texted Thornley back, “I best not get involved” and advised Thornley to contact the administration and follow proper procedures.
An outside investigation determined Thornley’s sexual assault allegations were unfounded, yet the state said last week it has paid more than $87,000 on her workers’ comp case alone — including more than $63,500 on disability benefits and nearly $21,000 to “investigate her claim and determine it was false.”
Seeking to press Raoul to act, DeVore distributed a copy of a July 29 email to the attorney general’s office from David Robinson, the appellate prosecutor’s chief deputy. DeVore urged more action while noting the email indicated the appellate prosecutor needed a judicial order that expanded its authority to include the Thornley benefits. Robinson did not return messages left for him.
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But shortly after the email was sent, Raoul said, his office reached out to both the state’s attorney and the appellate prosecutor. Raoul said the appellate prosecutor officials indicated they wanted to “reserve the right” to use the workers’ comp issue as either an aggravating factor in the payroll padding case or to charge Thornley in a separate case.
Raoul called that approach “perfectly appropriate” and logical given the appellate prosecutor already is handling the payroll case. But Raoul said his office will not weigh in on that decision “because we have a conflict. Plain and simple.”
How, or if, a potential benefits fraud case could move forward may take a legal road map because of differing legal viewpoints.
Special prosecutor Jonathan Barnard, who is handling the Thornley payroll padding case for the appellate prosecutor, said his office would need approval from a judge to take up any additional workers’ comp matter. That would require a motion in court, such as from a state’s attorney, because the appellate prosecutor cannot expand the scope of its authority unless a judge OK’s it, Barnard said.
“That has not happened,” said Barnard, former Adams County state’s attorney, adding: “Our appointments are case specific.”
Sangamon County State’s Attorney Dan Wright, a Republican who recused himself from the original Thornley payroll case, said he has seen nothing beyond the January memo about the workers’ comp allegations, but that he would recuse himself again if an actual investigation into alleged benefits fraud by Thornley were to come before him.
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Ty Fahner, a former Republican attorney general, said one way to address the matter would be to “let the courts figure it out” by asking a judge to determine who should handle or review the potential benefits fraud.
“Kwame could do it, the local state’s attorney could do it, a state legislator could go in and say, ‘Do your job,’ ” by filing a motion naming who is not performing the duties that they should do, Fahner said.
In turn, Raoul cited a statute dealing with appointments of attorneys and special prosecutors when conflicts exist, saying that “any person of interest can petition for a special prosecutor. Nothing prevents the state appellate prosecutor who has a current case with this defendant from going to the court” to take up the benefits issue.
Retired jurist Gino DiVito, a Democrat who served as an Illinois Appellate Court justice, held a similar view.
“If the appellate prosecutor requires authority to act,” DiVito said, “they should be the ones to make that request of a judge. It appears to me to be such a simple request that they should do it.”
In January, Pritzker’s Department of Central Management Services, which handles state benefits, sent a memorandum to Raoul that recapped Thornley’s case and concluded “it is clear that the sexual assault did not occur,” according to the document obtained by the Tribune.
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Most, if not all, of the more than $87,000 spent on the workers’ comp case does not include the roughly $550,000 the merit board has spent on its outside investigation that looked into Thornley’s sexual misconduct allegations as well as her payroll case.
DPetrella@chicagotribune.com
@RayLong
@PetrellaReports
