Feds don't oppose overturning conviction of businessman who paid off late state Sen. Martin Sandoval

Federal prosecutors say they do not oppose a suburban businessman's appeal to overturn a 2021 conviction in which he admitted paying off the late state Sen. Martin Sandoval to help his business.

Vahooman “Shadow” Mirkhaef, who ran the Cub Terminal logistics depot in McCook, is using the U.S. Supreme Court's Snyder ruling to argue that his payments to Sandoval in 2018 should be considered legal "gratuities" — and not illegal bribes — because they were given after Sandoval helped him.

Mirkhaef pleaded guilty in November 2021 to paying the rewards after Sandoval assisted in the sale of land owned by the Illinois Department of Transportation to Mirkhaef's adjacent business. Mirkhaef was sentenced to two years of probation, which he completed early in August 2023.

The feds, in their written response Monday, said they do not oppose Mirkhaef's motion to vacate the conviction for three reasons:

• Mirkhaef cooperated and "substantially assisted the government."
• He faces legal consequences beyond the conviction, including being unable to run a business or travel to Canada, where some of his family lives.
• His $15,000 in payouts to Sandoval are all now considered legal under the Snyder ruling.

U.S. District Judge Mary M. Rowland set a hearing on the motion for Dec. 3.

According to his plea agreement, Mirkhaef sought help from former Cook County Commissioner Jeff Tobolski in 2015 in obtaining approval from the Illinois Department of Transportation to buy the land in McCook. Tobolski allegedly told him to seek out Sandoval, who then met with IDOT officials about the sale of the property.

Two months after Mirkhaef bought the property from the state during an auction in October 2018, Sandoval went to Mirkhaef’s office to confirm that he would be paid, according to the document. In January 2019, Mirkhaef met with Sandoval at a restaurant in McCook and arranged for Sandoval to be paid more than $15,000 in cash, according to the plea agreement.

Sandoval, who died in December 2020, pleaded guilty in January 2020 to corruption charges and admitted he had taken more than $250,000 in bribes and rewards. Mirkhaef’s name appeared in federal search warrant documents in 2019, but it wasn’t until 2021 that he finally faced charges.

Tobolski pleaded guilty to an extortion conspiracy in 2020 and agreed to cooperate with prosecutors. He has not been sentenced.