Apr 5, 2006 6:45 pm US/Central
Congresswoman's Husband Gets 5 Months Jail Time
CHICAGO (CBS) ―
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Jan Schakowsky talks to the press after the sentencing.
CBS
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Robert Creamer talks to the press after his sentencing.
CBS
The husband of an Illinois congresswoman was sentenced to five months in federal prison Wednesday for writing rubber checks and failing to pay withholding taxes.
Robert Creamer, 58, husband of U.S. Rep. Jan Schakowsky, D-Ill., also was ordered to serve house arrest for 11 months after he finishes his prison term.
CBS 2 Political Editor Mike Flannery reports the jail term could have been much worse but still came as a shock to the powerful couple.
Prosecutors had wanted a three-year sentence, but U.S. District Judge James B. Moran said five months was fairer because no one suffered "out of pocket losses" and Creamer acted not out of greed but in an effort to keep his community action group going without cutting programs.
Rep. Schakowsky gasped, closed her eyes and doubled over when Moran sentenced her husband to five months.
Afterward she read a statement to reporters and left without answering questions, stunned and ashen-faced.
"I am obviously disappointed that Bob's sentence included incarceration, but we accept the judge's decision and look forward to the day that we can finally put this nearly decade-long chapter behind us," Schakowsky said.
She said she was proud that her husband "has for his entire adult life devoted himself to fighting for a better future for others -- he has been a constant crusader for social and economic justice in this country and beyond."
The case, which has been dragging on for years, has had no discernible impact on Schakowsky's political career. She is an odds-on favorite to win reelection in November from an overwhelmingly Democratic city and suburban district.
Creamer is one of Chicago's best-known political consultants. He has worked for the campaigns of both Mayor Richard M. Daley and Illinois Gov. Rod Blagojevich.
Creamer told reporters he was disappointed that he must go to prison but accepted it.
He promised that "for the rest of my life I will continue to do whatever I can to work for social and economic justice."
"And I will never again allow my passion for that goal to overwhelm my good judgment or my respect for the law," Creamer added.
Creamer pleaded guilty to failing to pay withholding taxes and bank fraud involving check kiting -- writing checks on accounts without sufficient funds to cover them while moving money between accounts and playing the so-called float to prevent the checks from bouncing.
All of the money was repaid and Creamer had been hoping for no prison time.
"I am disappointed that the sentence imposed today includes a period of incarceration," he said.
The money was used to keep Creamer's group -- Illinois Public Action -- in business without any cutback in its programs. That included Creamer's $100,000 annual salary, prosecutors said.
Advisory sentencing guidelines called for a term of 30 to 37 months in prison. Moran's decision represented a sharp downward departure, and prosecutors said that it would be reviewed and a decision would be made later on whether to take it to the U.S. Court of Appeals.
Creamer apologized to the court for his actions, which he called "foolish." But Assistant U.S. Attorney Joseph M. Ferguson told Moran that Creamer had still not completely acknowledged his wrongdoing and had been using the work of his community action group to justify himself.
Ferguson said Creamer's statements suggested that while he admitted his check kiting was "legally improper it was somehow morally acceptable."
"He shouldn't have taken money from banks, he shouldn't have taken tax money," he said.
Scores of Creamer friends and well-wishers had written to Moran describing what they called his lifetime of fighting for civil rights and justice for the poor.
All the same, Moran said some prison time was warranted. He did say Creamer had been "a champion of the little folks."
"But under our system ordinary folks if they get caught kiting checks or not paying their taxes, they end up going to jail," Moran said. He said the fact that Creamer had "caused a lot of well-connected people to think very highly of him does not seem to me to be a basis for treating him any differently from anybody else."
Under Moran's order, attorneys said, it might be possible for Creamer to travel to Washington to continue with his political consulting business while he is under house arrest. They also said he could be eligible for a halfway house toward the end of his five-month prison sentence.
Schakowsky got her political start helping advance her husband's social agenda as a member of IPCA and later, Citizen Action. She served on the board at the time the crimes occurred. She was never charged.
Rep. Schakowsky's press spokesman boldly predicted her husband's trip to the penitentiary will have no impact on her re-election this fall
Creamer won't have to report to jail until June 6. He has the okay to serve his sentence in a prison close to home, likely in Southern Wisconsin.
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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