UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

v.

TERRANCE LINK

 No. 20 CR 495

Judge Mary M. Rowland 

GOVERNMENT’S POSITION PAPER AS TO SENTENCING FACTORS

Defendant Terrance Link was an Illinois State Senator who betrayed the 

public trust by taking money from his campaign account, which he used for personal 

purposes. Defendant then failed to file accurate tax returns, which would have 

reflected that the money he pilfered from his campaign account was income. After 

defendant was approached by the FBI, however, defendant provided extensive 

cooperation, including providing information, making recordings, and testifying in 

court, which led to convictions against others. The sentence in this case needs to 

promote respect for the law and deter defendant and others from committing similar

crimes, while also accounting for defendant’s meaningful assistance to the 

government. Accordingly, the government respectfully requests that the Court 

impose a sentence of three years’ probation and order that defendant pay $82,660 

restitution. 

I. GUIDELINES CALCULATIONS

The government agrees with the Guidelines calculation set forth in the 

Presentence Investigation Report submitted by the United States Probation Office. 

Defendant meets the criteria in § 4C1.1, and therefore his offense level is decreased 

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by two additional levels. PSR ¶ 23. This reduction is not in defendant’s Plea 

Agreement because his guilty plea predated this Guidelines amendment, which was 

adopted as of November 1, 2023. Based on a total offense level of 10 and a criminal 

history category of I, defendant’s advisory Guidelines range is 6 to 12 months’ 

imprisonment. PSR ¶ 79. 

II. THE GOVERNMENT’S ANTICIPATED § 5K1.1 MOTION

At sentencing, the government anticipates that it will move the Court 

pursuant to Guideline § 5K1.1 to depart from the low end of the applicable Guidelines

range and sentence defendant to a term of three years’ probation.

Reductions under § 5K1.1 are assessed based on, among other things: (1) the 

significance and usefulness of the defendant’s assistance; (2) the truthfulness, 

completeness, and reliability of any information or testimony provided by the 

defendant; (3) the nature and extent of the defendant’s assistance; and (4) the 

timeliness of defendant’s assistance. See U.S.S.G. § 5K1.1(a). Each of these factors 

weighs in favor of a departure here, and, as discussed below, a non-custodial sentence.

Defendant provided substantial assistance in the prosecution of others. He 

wore a recording device to meetings with former Illinois State Representative Luis 

Arroyo and corrupt businessman James Weiss, leading to a federal indictment 

against the two. Defendant allowed the FBI to record his phone conversations, 

monitor his emails, and receive would-be bribes to defendant’s P.O. Box to further 

the investigation. Defendant then testified at the criminal trial of defendant James 

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Weiss, United States v. Weiss, 19 CR 495, in June 2023 before the Honorable Steven 

C. Seeger. Weiss was subsequently convicted of all counts in the indictment. The 

government can provide additional information about defendant’s cooperation at 

defendant’s sentencing hearing.

III. FOR THIS DEFENDANT, A SENTENCE OF PROBATION IS SUFFICIENT BUT NOT 

GREATER THAN NECESSARY 

The Sentencing Guidelines provide a starting point and initial benchmark for 

sentencing. Gall v. United States, 552 U.S. 38, 49-50 (2007). “The Guidelines remain 

an essential tool in creating a fair and uniform sentencing regime across the country.” 

United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005). “[A] district court that 

sentences within the Guidelines necessarily gives weight and consideration to 

avoiding unwarranted disparities.” United States v. Pulley, 601 F.3d 660, 668 (7th 

Cir. 2010). Although a sentence within the Guidelines range is presumptively 

reasonable, United States v. Cano-Rodriguez, 552 F.3d 637, 639 (7th Cir. 2009), the 

court must consider the factors set forth in 18 U.S.C. § 3553(a) in determining an 

appropriate sentence. 

Considering these factors, a sentence of three years’ probation is warranted 

and is sufficient, but not greater than necessary, to account for the nature and 

circumstances of the offense, defendant’s history and characteristics, and the 

seriousness of the offense, and to provide just punishment, promote respect for the 

law, and afford adequate deterrence.

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A. Nature and Circumstances of the Offense

Defendant’s guilty plea to filing a false tax return reflects years of 

underreporting his income from 2012 to 2016. In addition to providing knowing false 

statements on these documents, defendant admitted that he spent money from his 

campaign account on personal expenses. 

Tax crimes are serious because our tax system relies on taxpayers to correctly 

report their own income and expenses to the IRS so that taxes can be accurately 

assessed and enforced. If taxpayers lose confidence in the system and believe that 

everyone is not paying their fair share, voluntary compliance suffers, leaving less tax 

revenue to pay for all the services provided by the government – national defense, 

health care for the elderly, disaster relief, infrastructure, etc. Defendant, who worked 

for the government managing programs funded by taxpayer dollars, and earning a 

salary paid by taxpayer dollars, knows better than most the importance of tax 

revenue and compliance with the law. 

The IRS periodically estimates the “tax gap,” which is the amount of federal 

tax liability that is not paid voluntarily and timely – estimated to be a $668 billion 

difference in 2021.1 The Department of the Treasury has explained that “[b]y far the 

largest contributor to the tax gap is the underreporting gap,” which consists of

taxpayers who “underreport income or overclaim deductions and credits on tax 

1 See https://www.irs.gov/newsroom/irs-updates-tax-gap-projections-for-2020-2021-

projected-annual-gap-rises-to-688-billion. 

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returns”2 – taxpayers like defendant. Any single tax prosecution, including 

defendant’s, is a very small fraction of the tax gap. However, the tax gap illustrates 

why criminal tax prosecutions, and their related consequences to the defendants, are 

necessary to encourage overall compliance.

B. Defendant’s History and Characteristics 

Defendant has an unusual background for a federal criminal defendant –

unlike many defendants, he has had many advantages in life including a well-paying 

career. For over 20 years defendant represented the people of Illinois as a State 

Senator for the 30th District. Defendant served on several different committees –

Executive, Financial Institutions, Local Government, Transportation, Committee of 

the Whole, and Gaming – and held leadership positions within the Senate. Aside from 

this offense, defendant has never been arrested or had any legal issues, including 

while on pretrial release. He resigned from the State Senate shortly before pleading 

guilty in this case. 

C. The Need to Promote Respect for the Law, Provide Just 

Punishment, and To Afford Adequate Deterrence

The need for general deterrence is particularly strong for economic crimes, 

which are often premeditated, lucrative, and difficult for law enforcement to detect. 

See United States v. Heffernan, 43 F.3d 1144, 1149 (7th Cir. 1994) (“Considerations 

2 See U.S. Department of the Treasury, “The American Families Plan Tax Compliance 

Agenda,” May 2021, at 3, available at https://home.treasury.gov/system/files/136/TheAmerican-Families-Plan-Tax-Compliance-Agenda.pdf.

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of (general) deterrence argue for punishing more heavily those offenses that either 

are lucrative or are difficult to detect and punish, since both attributes go to increase 

the expected benefits of a crime and hence the punishment required to deter it.”)

“Because economic and fraud-based crimes are more rational, cool, and calculated 

than sudden crimes of passion or opportunity, these crimes are prime candidates for 

general deterrence.” United States v. Brown, 880 F.3d 399, 405 (7th Cir. 2019) 

(quotation omitted).

A Guidelines sentence, however, is greater than necessary given defendant’s 

acceptance of responsibility and substantial assistance to the government. The steps 

defendant has taken to admit his guilt and assist the government for years, and his 

agreement to pay restitution, reflect that a below-Guidelines sentence is sufficient to 

meet the sentencing goals of specific deterrence and just punishment. Accordingly, a 

sentence of three years’ probation would strike an appropriate balance between the 

competing factors defendant’s case presents. 

IV. PROBATION CONDITIONS

The government requests that the Court impose a three-year term of 

probation, which is within the Guidelines range for a term of probation. PSR ¶ 85.

A. Mandatory Conditions

The government respectfully requests that defendant be required to comply 

with the following mandatory conditions set forth in 18 U.S.C. § 3563(a) and 

Guideline § 5B1.3(a):

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(1) Defendant shall not commit another federal, state, or local offense.

(2) Defendant shall pay restitution in the amount of $82,660. 

(3) Defendant shall not unlawfully possess a controlled substance.

(4) Defendant shall make restitution and pay the special assessment

imposed. 

(5) Defendant shall notify the Court of any material change in economic

circumstances that might affect his ability to pay restitution, fines, or 

special assessments. 

(9) Defendant shall cooperate in the collection of a DNA sample if the

collection of such a sample is required by law. 

The government recommends these conditions to provide adequate deterrence to 

criminal conduct and protect the public from further crimes of defendant. These 

conditions enhance the ability of the probation officer to target interventions with the 

goal of reducing defendant’s risk of re-offending.

B. Discretionary Conditions 

The government requests that defendant be required to comply with the 

following discretionary conditions permitted by 18 U.S.C. § 3563(b) and Guideline 

§ 5B1.3(b), in order to facilitate supervision by the probation officer, support 

defendant’s rehabilitation, promote deterrence, and because they are otherwise 

appropriate in this case:

(6) Defendant shall refrain from knowingly meeting or communicating with 

any person whom defendant knows to be engaged, or planning to be 

engaged, in criminal activity.

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(7) Defendant shall refrain from excessive use of alcohol, or any use of a 

narcotic drug or other controlled substance, without a prescription by a 

licensed medical practitioner.

(8) Defendant shall refrain from possessing a firearm, destructive device, 

or other dangerous weapon.

(14) Defendant shall not knowingly leave from the federal judicial district 

where he is being supervised, unless granted permission to leave by the 

court or a probation officer. The geographic area of the Northern District 

of Illinois currently consists of the Illinois counties of Cook, DuPage, 

Grundy, Kane, Kendall, Lake, LaSalle, Will, Boone, Carroll, DeKalb, Jo 

Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, and Winnebago.

(15) Defendant shall report to the probation officer as directed by the Court 

or a probation officer.

(16) Defendant shall permit the probation officer to visit the defendant at 

any reasonable time or at home or other reasonable location specified by 

a probation officer, and shall permit confiscation of contraband observed 

in plain view of the probation officer.

(17) Defendant shall notify a probation officer within 72 hours, after 

becoming aware of any change in residence, employer, or workplace and, 

absent constitutional or other legal privilege, answer inquiries by a 

probation officer. Defendant shall answer truthfully any inquiries by a 

probation officer, subject to any constitutional or other legal privilege.

(18) Defendant shall notify a probation officer promptly, within 72 hours, if 

arrested, charged with a crime, or questioned by a law enforcement 

officer.

(22) Defendant shall satisfy other such special conditions as ordered.

.

C. Special Conditions 

In light of the financial obligations that defendant has agreed to as a result of 

his conviction in this matter, as well the continuing need to protect the public and to 

ensure that the probation officer can satisfy his or her duty to remain informed about 

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the defendant, as well as to support defendant’s rehabilitation, the government 

concurs with the PSR’s recommendations that the Court impose the following special 

conditions of supervision pursuant to 18 U.S.C. § 3563(b)(22):

(5) Defendant shall not incur new credit charges or open additional lines of 

credit without the approval of a probation officer unless you are in 

compliance with the financial obligations imposed by this judgment.

(6) Defendant shall provide a probation officer with access to any requested 

financial information necessary to monitor compliance with other 

conditions of probation.

(7) Within 72 hours of any significant change in his economic circumstances 

that might affect his ability to pay restitution, fines, or special 

assessments, defendant must notify the probation officer of the change.

(8) Defendant shall file accurate income tax returns and pay all taxes, 

interest and penalties as required by law.

(10) Defendant shall pay to the Clerk of the Court any financial obligation 

ordered herein that remains unpaid at the commencement of the term 

of supervised release, at a rate of not less than 10% of the total of your 

gross earnings minus federal and state income tax withholdings.

(11) You shall not enter into any agreement to act as an informer or special 

agent of a law enforcement agency without the permission of the court.

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V. CONCLUSION

For the reasons stated, the government respectfully requests that this Court 

impose a sentence of three years’ probation. 

 Respectfully Submitted,

 MORRIS PASQUAL

ACTING UNITED STATES ATTORNEY

 By: /s/ Christine M. O’Neill 

 CHRISTINE M. O’NEILL 

Assistant United States Attorney

United States Attorney’s Office

219 South Dearborn, 5th Floor

Chicago, Illinois 60604

(312) 353-4305

 christine.oneill2@usdoj.gov 

Dated: February 27, 2024

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