08292017 - News Article - Commissioner: Porter County won't negotiate with indicted Portage mayor

Commissioner: Porter County won't negotiate with indicted Portage mayor

Post-Tribune

August 29, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-county-plan-st-0830-20170829-story.html

The Porter County Commissioners will not negotiate with indicted Portage Mayor James Snyder over a plan to partner for a combined city/county building in the city's new downtown district, an official said.

Commissioner Jim Biggs, R-North, said in the days after the county council approved a $30 million bond for capital upgrades in the county, including expansion and renovation of the existing North County Annex on Willowcreek Road, that commissioners won't consider Portage's proposal for two reasons: financial feasibility and the November indictment of Snyder on federal charges of allegedly violating federal bribery statutes and obstructing Internal Revenue Service laws. Snyder has pleaded not guilty and is expected to go to trial early next year.

Snyder deferred comment on the matter to Economic Development Director Andy Maletta and Portage City Council President Mark Oprisko, D-At large.

Biggs, who pointed out that he is a Portage native, said county officials met with Portage officials about the proposal and determined that the most financially feasible option was for the county to upgrade the building it already owns in Portage.

He also said commissioners won't negotiate with a public official under indictment.

"The proposal cannot be accomplished without the cooperation of that city's mayor, and I'm not going to do it," Biggs said, adding the county's relationship with Snyder has been riddled with controversies, including over placement of the county's new animal shelter, and county officials have learned "that there is no negotiating with him."

"I am totally sympathetic to Portage officials that they have this shroud of uncertainty having over city government but it's there nonetheless," he continued.

City and county officials have been talking for three years about the possibility of a new county annex along Central Avenue, Oprisko said, calling the commissioners' response "pretty sad and pretty pathetic."

"Obviously I've wasted a lot of energy and dialogue," he said, adding city officials wanted to bring more development to the emerging downtown. "Portage has never had a downtown. This is a big thing for us."

City officials aren't asking for a handout from the county, he said, but for county officials to listen to them.

"It's all about Snyder," he said. "It comes down to Snyder but it's really sad because the city of Portage has more than 40,000 residents."

The County Council approved the bond issue on Aug. 22, and it includes spending $10 million to renovate and expand the North County Annex.

"I think it's at least worth vetting," said Maletta.

Portage would have committed $5 million intended for remodeling of its city hall to the project and the city's redevelopment commission would have purchased the county's building on Willowcreek, officials said. The city also offered to build a parking garage, and the redevelopment commission proposed donating the land for the combined building.

Commissioners and council members received an outline of the proposal and a letter supporting it from Maletta the evening before the council meeting.

"It wasn't malicious. It wasn't mean to anybody," Maletta said of the letter. "I even said in there that we are in support of them passing the bond."

The city of Portage paid the consulting firm SEH to put together the proposal at the request of the council, Maletta said, adding that Snyder purposefully removed himself from the matter so it wouldn't be volatile.

Portage officials were dismayed by video of the segment of the meeting on the bond issue, which is available on YouTube, and the reaction of commissioners, Maletta said, adding he didn't know if Snyder's indictment was a good enough excuse not to pursue a partnership.

"It's not fair to all of us working here to make (Portage) a better place," he said.

During the council meeting, Councilman Jeremy Rivas, D-2nd, said he understood the pause among commissioners about dealing with Snyder, given the mayor's legal concerns.

Rivas said his fellow elected officials know how he feels about Snyder; in the weeks after Snyder's indictment, Rivas issued a statement requesting the mayor's resignation.

Still, he wanted commissioners to at least consider Portage officials' request for a partnership because good things could come out of it.

"The entire population of Portage has not been indicted," Rivas said.

08262017 - News Article - MARC CHASE: Don't tolerate officials carrying water for Buncich

MARC CHASE: Don't tolerate officials carrying water for Buncich
Marc Chase
NWI Times
August 26, 2017
http://www.nwitimes.com/opinion/columnists/marc-chase/marc-chase-don-t-tolerate-officials-carrying-water-for-buncich/article_21a300b7-894a-5b94-9ad3-21af88f675d0.html
The felony bribery conviction of now former Lake County Sheriff John Buncich Thursday ushers in a crucial period in which all Region residents should be paying particularly close attention.

Let's call it "apologist watch": a period when we all should keep eyes peeled for the ill-advised public officials who run to the disgraced sheriff's defense before sentencing.

For those keeping score, an apologist is one who offers an argument in support of something controversial. In Buncich's case, it likely will mean folks who profess admiration and support for his character even though he's shown himself completely undeserving.

Such behavior happens with impunity around here, but the public figures and officials who show support for those who've committed crimes against taxpayers are really doing us all a favor.

They're showing us who to shun at the polls in upcoming election cycles.

Keep watch for the folks who vehemently argue Buncich got a bum deal from the jury. They're the ones who will say the government didn't prove its case when, in fact, eyewitnesses, informants and video backed up nearly every facet of the allegations that Buncich shoved wads of money in his personal pocket and then handed out business to the tow truck companies that bribed him.

They also will be the public officeholders, and other prominent citizens, who are sure to write letters of support for Buncich to U.S. District Court Judge James Moody, seeking a more lenient sentence.

If history is any guide, Moody isn't likely to entertain misguided attempts at heart-string pulling for a corrupt top cop. He's one of the most no-nonsense judges on the bench of a historically no-nonsense federal court system.

Region residents shouldn't buy the pleas for sympathy and leniency, either.

I promise to help take stock of the names and positions of public officials or other community leaders who carry water for Buncich by petitioning the court for leniency. Any letters filed into the public record seeking leniency for Buncich will be reported in my future columns, along with the names and positions of the writers.

Buncich's friends have a right to petition the court on his behalf. We have a right to withhold support for them if they take this misguided approach.

Region political outsiders no doubt are asking themselves, "Who would be so foolish to publicly proclaim such support for a federally convicted felon? What public official would brand themselves as supporting a corrupt politician, in this case who had sworn to uphold the law?

"In fact, wouldn't it be a scarlet letter for such public officials to cast their lot in this fashion?"

We need only look at past federal cases to realize this wrongheaded behavior is likely forthcoming.

Remember former elected Lake County Surveyor George Van Til and his felony conviction for essentially stealing from taxpayers by appropriating government property and employees for his own personal benefit?

After the former surveyor pleaded guilty in 2014, Van Til's defense attorney, Scott King, filed more than 100 pages worth of letters in open court, all written in support of Van Til. The letters generally vouched for Van Til's character and sought leniency at sentencing.

Dozens of the letters were written by political friends and allies, including a number who currently held political office.

Fast-forward to 2017 and Buncich's scheduled Dec. 6 sentencing hearing, and taxpayers have an opportunity to write some letters or make some phone calls of their own.

We all must remind our public officials that behavior like that perpetrated by Buncich won't be tolerated. More importantly, we should be telling them we won't stand for them espousing an apologist attitude.

In times of great violations of public trust by one public official, the others should be concentrating their efforts on repairing that trust and doing right by citizens — not on standing up for crony friends who just brought yet another disgraceful stain on local governance. That stain is enumerated in the 70-plus public corruption convictions of Region officeholders, government employees and vendors since the late 1970s.

If we as voters fail to provide consequences for officials who carry water for their corrupt friends, we're aiding in the spread of our Region's ongoing plague of corruption.

We’re also ignoring the resonating warnings from the apologists themselves — folks who are more keen on defending a crooked former colleague than the voters who elected them.










MARC CHASE: Officeholders carry water for felon Van Til in court letters
Marc Chase
NWI Times
Jan 10, 2015
http://www.nwitimes.com/news/opinion/columnists/marc-chase/marc-chase-officeholders-carry-water-for-felon-van-til-in/article_d14abc51-68ab-53c7-99fc-a5ad3f292ea0.html
It's amazing the causes for which some folks are willing to extend their necks into the paths of potential legal or social axes.

And in our justice system, it's important to remember even when evidence against a defendant appears overwhelming, we still have a process separating us from mob justice.

But why run to the defense of an individual who's already stood in open court and declared guilt to a particular charge?

It's even more perplexing when politicians engage in this sort of apologist attitude for a fellow officeholder caught with his or her hand in the taxpayers' cookie jar.

More than a year ago, disgraced former Lake County Surveyor George Van Til pleaded guilty in Hammond federal court to felony wire fraud that occurred while he held public office.

For those unfamiliar with the terms or legal score on that one, it means he admitted to stealing from taxpayers, in this case using county government employees and resources to further his campaign, which is a legal no-no.

Van Til awaits sentencing in the case, and one might expect fellow county politicians, at least, to steer clear of a convicted felon for their own reputations' sake.

But Van Til's attorney, Scott King, filed more than 100 pages worth of letters Thursday in open court, all written in support of Van Til. The letters generally vouch for Van Til's character and seek leniency.

Dozens of the letters were written by political friends and allies, including a number who currently hold political office.

Longtime Van Til friend and Highland Clerk-Treasurer Michael Griffin, who I've often admired for his honesty and integrity, wrote one of the letters.

Griffin asks presiding Judge James Moody to "weigh the whole" and consider the "genuine good that has been rendered" from Van Til's political life before the crime was committed.

Indiana state Reps. Charlie Brown and Vernon Smith, both Gary Democrats, also wrote letters, imploring Moody for mercy and leniency.

Smith's letter also questions why disgraced former State Superintendent of Public Instruction Tony Bennett never faced federal charges after being accused of engaging in activity similar to Van Til's criminal charges.

I have the same questions in the Bennett case, but it shouldn't hold any sway over the sentence Moody prescribes in the Van Til case. Neither should the words of close political friends, waxing philosophical about the other "great deeds" of Van Til's life.

In the end, Van Til stood in an open courtroom and admitted guilt. So why apologize for him, acting as if being a good guy during other periods of his life absolves him from facing the full force of the law?

The question isn't whether these sitting elected officeholders had the right to file letters of support for Van Til. In our system, they certainly have that right, as do all citizens.

But the question is, should they have done so?

The soft-pedaling of responsibility continues to color Lake County politics.

08242017 - News Article - Portage mayor says his public corruption case is different than Sheriff Buncich

Portage mayor says his public corruption case is different than Sheriff Buncich

NWI Times

Aug 24, 2017

nwitimes.com/news/local/crime-and-courts/portage-mayor-says-his-public-corruption-case-is-different-than/article_cb977ec2-72a8-5f8d-81ec-d86840d5ea18.html

Portage Mayor James Snyder, who faces federal corruption and bribery charges, said there are distinct differences between his case and the one that led to Thursday's public corruption conviction against Lake County Sheriff John Buncich.

"I have never taken cash; all of contributions are recorded accurately and holding an elected official accountable for the intent of a donor would indict all elected officials who are not independently wealthy and have to raise funds to get their message out," Snyder said in a prepared statement requested by The Times.

"The prosecutor's own arguments against the sheriff prove my defense and in no way complicated my case; it enforces my innocence," he said.

"I have been transparent, cooperative and honorable in my conduct with the federal government," Snyder said. "My family, my staff and the city continue to prosper under this cloud, and we are grateful to the outpouring of goodness we have received."

Snyder's federal trial is set for Jan. 28 before U.S. District Court Judge Rudy Lozano.

He was indicted in November and has pleaded not guilty to felony counts of bribery, extortion and tax dodging, which carry long prison terms if he is convicted.

Snyder is accused in the bribery count of corruptly soliciting and receiving $12,000 from tow truck operator John Cortina in return for providing Cortina with a towing contract with the city. Cortina is charged with corruptly offering those checks to Snyder.

Snyder is also charged with corruptly soliciting and agreeing to accept a bank check in the amount of $13,000 in connection with Portage Board of Works contracts, a Portage Redevelopment Commission project and other consideration.

The third charge accuses Snyder of obstructing and impeding the Internal Revenue Service’s collection of personal taxes he owed and payroll taxes owed by his mortgage business, First Financial Trust Mortgage LLC.

08242017 - News Article - Portage mayor also facing charges on Lake County sheriff's conviction: 'It enforces my innocence'

Portage mayor also facing charges on Lake County sheriff's conviction: 'It enforces my innocence'
Post Tribune
August 24, 2017
chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-response-buncich-st-0825-20170824-story.html

Portage Mayor James Snyder, indicted in November for allegedly soliciting money for towing contracts, said there are differences between his case and that of Lake County Sheriff John Buncich, who was convicted Thursday on public corruption charges.

In a prepared statement in response to Buncich's conviction on federal counts of wire fraud, honest services wire fraud and bribery, Snyder said there are distinct differences between the two cases and the prosecutor's arguments in the Buncich case in fact re-enforce Snyder's innocence.

"I don't think that the Sheriff Buncich conviction will affect the Mayor Snyder trial in any way," said Thomas Dogan, a Portage attorney who is part of Snyder's legal team.

"Any cash the mayor has ever had given to him has been properly represented in his campaign reports," Dogan said, adding Snyder had a professional treasurer to keep track of his campaign donations.

Snyder, like Buncich, entered a plea of not guilty after he was charged with John Cortina, of Kustom Auto Body in Portage, with violating a federal bribery statute.

Federal prosecutors said at the time that Snyder allegedly solicited money from Cortina, a local towing operator, and "Individual A" and gave them a towing contract for Portage.

Snyder also received a bribery indictment for allegedly accepting $13,000 in connection with a board of works contract and allegedly obstructed Internal Revenue Service laws.

In his statement, Snyder said that unlike Buncich, he has never taken cash and all of his campaign contributions are recorded accurately. Federal prosecutors showed video recordings of Buncich accepting cash during his trial, and also offered testimony that he received cash contributions that did not appear on his campaign finance reports.

"Holding an elected official accountable for the intent of a donor would indict all elected officials who are not independently wealthy and have to raise funds to get their message out," Snyder said.

In his statement, Snyder said Assistant U.S. Attorney Philip Benson's arguments against Buncich prove his own defense and in no way complicate his case.

"It enforces my innocence," Snyder said. "In order to gain a conviction the prosecution would have to argue a complete double standard from their own arguments against the sheriff."

Dogan said Snyder is alluding to the fact that informants testified in the Buncich case that in their minds, they were paying bribes, "and in the mayor's case, that certainly would not support a conviction."

Snyder goes on to say in his statement that he has been "transparent, cooperative and honorable" in his conduct with the federal government and the city of Portage.

"My family, my staff and the city continue to prosper under this cloud and we are grateful to the outpouring of goodness we have received," he said.

Snyder and Cortina are scheduled to go on trial in January.

08242017 - News Article - UPDATE: Sheriff John Buncich guilty - U.S. Attorney keeps perfect record on public corruption cases - STATEMENT FROM PORTAGE MAYOR JAMES SNYDER

"There are distinct differences between the two cases, I have never taken cash..."

[Federally indicted Portage Mayor James Snyder. NWI Times. August 24, 2017]

UPDATE: Sheriff John Buncich guilty
U.S. Attorney keeps perfect record on public corruption cases
NWI Times
August 24, 2017
nwitimes.com/news/local/crime-and-courts/update-sheriff-john-buncich-guilty-u-s-attorney-keeps-perfect/article_8f97728a-ee8c-5fde-bb22-1a3ac62fce39.html

HAMMOND — A U.S. District Court jury has found Lake County Sheriff John Buncich guilty on all six counts of wire fraud, honest services wire fraud and bribery.

The jury came back to the courtroom at 10:05 a.m. after deliberating for four hours Wednesday night and one hour this morning.

Buncich is free on bond until his sentencing on Dec. 6, when he faces lengthy prison time. He is also immediately removed from office.

Buncich displayed no emotion when his verdict was read in open court Thursday morning. Some of his supporters in the audience appeared shocked and grief stricken.

Bryan Truitt, one of Buncich's defense attorneys, said he didn't agree with the verdict and would be preparing an appeal. Buncich declined comment outside the courthouse in Hammond.

Larry Rogers, another of Buncich's attorneys, argued Wednesday night to the jury the government entrapped Buncich by giving him tens of thousands in cash uninvited and selectively editing dozens of hours of audio and video recordings to make Buncich look his worst.

The defense offered no video of its own.

Buncich took the daring step of answering the charges by testifying over three days of the trial. He insisted he was legitimately raising campaign contributions and didn't manipulate towing assignments to reward the largest donors.

But he couldn't explain away images of his grabbing and pocketing large wads of cash taken surreptitiously by the FBI and their undercover agent, Scott Jurgensen, a former Merrillville police man and towing firm owner.

Assistant U.S. Attorney Philip Benson told jurors Wednesday night, "Does this look like a campaign contribution? He was taking money for doing his job. It's time to hold him responsible."

US ATTORNEY IMPROVES RECORD
Acting United States Attorney Clifford Johnson states that “The United States Attorney’s Office will continue to vigorously prosecute public officials who use their public office as means for personal enrichment. All citizens deserve public officials who work for the public interest and not their own interest.”

W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division, said "Public officials who abuse their positions for personal financial gain at the expense of the taxpayers will not be tolerated. The FBI and our federal, state, and local partners will continue to aggressively pursue those across Indiana who corrupt their office for self-serving motives.

Johnson added, "Also instrumental in these investigations are the honest and patriotic citizens who come forward and assist in uncovering the truth as was the case in Lake County."

John Dull, who has been county attorney for several decades, said Thursday the U.S. Attorney's office has won all of the public corruption cases it has prosecuted against elected public officials since the 1970s. He said most of them pleaded guilty rather than risk trial.

'SAD SAGA' ENDS
Mike Repay, president of the Lake County Board of Commissioners, issued a statement Thursday afternoon that said, "This is the end of a sad saga for the people of Lake County, who put their trust in John Buncich to enforce the law and remain accountable to the public."

"John Buncich violated the public trust with his actions. It will not only cost him his freedom, it adds another black mark against Lake County," Repay said.

Repay added the Board of Commissioners offer their full support to Lake County Chief of Police Matt Eaton who will supervise the sheriff's department until a caucus of Lake County Democratic precinct committeemen and vice committeemen elect a new sheriff next month.

The investigation of the sheriff began with a wide-ranging FBI investigation of local government towing contracts when they recruited Jurgensen who took up towing after he retired after 20 years as a Merrillville police officer.

He testified on the first day of trial he was frustrated that he couldn't get a contract from the department he had served for so long because he wouldn't pay bribes.

Jurgensen said he was one of about a dozen who had received towing contracts from the sheriff's department. He said he didn't have to pay to get on the list, but Downs, a longtime friend, approached him on behalf of the sheriff to buy campaign fundraising ticket.

STATEMENT FROM PORTAGE MAYOR JAMES SNYDER
Statement from Portage Mayor James Snyder, who has been indicted on federal bribery and tax charges. His trial is set to begin in January:

"There are distinct differences between the two cases, I have never taken cash; all of contributions are recorded accurately and holding an elected official accountable for the intent of a donor would indict all elected officials who are not independently wealthy and have to raise funds to get their message out.

The prosecutor's own arguments against the sheriff prove my defense and in no way complicated my case; it enforces my innocence.

I have been transparent, cooperative and honorable in my conduct with the federal government. My family, my staff and the City continue to prosper under this cloud and we are grateful to the outpouring of goodness we have received."

VIDEO EVIDENCE 
The FBI wired Jurgensen and gave him buy money to give to Downs. The later arrested Downs and forced his cooperation with their undercover investigation. Downs carried a video camera into the sheriff's office in 2015 to deliver campaign crash.

Jurgensen video taped two meetings with the sheriff in which cash changed hands.

Buncich's lawyers criticized FBI tactics for paying Jurgensen $130,000 over a five-year period.

They suggested Downs was unbelievable as a witness because he pocketed some of the money he collected for the sheriff.

They characterized as a drunk William "Willie" Szarmach, a Lake Station towing owner who pleaded guilty to paying the sheriff kickbacks and who testified as government witness.

Benson answer was to replay for jurors the video tapes.

An FBI video surveillance recording of: Buncich's second-in-command Timothy Downs delivering $7,500 July 15, 2015, to Buncich in the sheriff's office.

An FBI video surveillance recording of Buncich leaning into Szarmach's tow truck and Jurgensen giving Buncich $2,500 April 22, 2016, in the parking lot outside of Delta Restaurant in Merrillville.

An FBI video surveillance recording of Jurgensen giving Buncich $2,500 on July 21, 2016, in the parking lot outside of Delta Restaurant in Merrillville.

FBI surveillance photographs of a meeting Sept. 2, between Jurgensen and Buncich in which Jurgensen gives the sheriff $7,500.

Benson said of the sheriff, "He never thought anyone would see that. If you didn't see it. You wouldn't believe it."

Benson praised Jurgensen's courage. "Think about the guts it took for Mr. Jurgensen to do this to himself and his business and family. What does he get for it? He's called a liar on the witness stand. Its hell to be a cooperator."

Defense lawyers argued the sheriff never delivered more lucrative towing to Jurgensen or Szarmach despite their political contributions.

Benson disagreed, but said it was illegal for the sheriff to take the money and make such promises regardless of the outcome. Even if the sheriff rips them off, its still a crime."

08242017 - News Article - Jury convicts northwestern Indiana sheriff in bribery case

Jury convicts northwestern Indiana sheriff in bribery case

WHIO - TV 7

August 24, 2017

whio.com/news/local/jury-convicts-northwestern-indiana-sheriff-bribery-case/emLypbMQUPtYmgnsNBVCnO/

The sheriff of Indiana's second most-populous county was convicted Thursday of federal bribery and wire fraud charges stemming from an illegal towing scheme.

Lake County Sheriff John Buncich is free on bond until sentencing Dec. 6 and is immediately removed from office. Jurors in U.S. District Court in Hammond found Buncich guilty after about five hours of deliberations that started Wednesday following a 13-day trial that included three days of testimony from Buncich. He denied all wrongdoing.

Prosecutors' presented evidence and testimony that Buncich accepted bribes to help tow operators get more jobs through the county. The bribes often were in the form of campaign fundraising tickets. During closing arguments prosecutors told jurors the sheriff abused his elected position. Prosecutors also had FBI video surveillance and photographs of Buncich taking money.

At one point Assistant U.S. Attorney Philip Benson asked the jury, "Did he look shocked or did he look like he did it before? He seems very comfortable putting the money in (the) drawer of his desk, owned by Lake County taxpayers."

Defense attorneys argued the donations were made without intending to influence Buncich and that the case was an FBI setup.

"What the government has done over the past two weeks is systematically dirty up the sheriff so you will believe he is guilty as charged," defense attorney Larry Rogers told jurors.

The trial included testimony from Scott Jurgensen, a former Merrillville police officer and towing company owner, who said FBI agents recruited him to pay bribes to Buncich and record the meetings. Jurgensen testified the FBI paid him more than $130,000 over five years, including bribe money.

Another tow truck operator, William Szarmach, previously pleaded guilty to charges of bribery, wire fraud and tax evasion and agreed to testify for federal prosecutors in Buncich's trial. Szarmach said in a plea agreement filed in federal court that he bought tickets to Buncich's fundraising events and made additional cash payments to Buncich to maintain and increase his business of towing vehicles for county police.

Buncich is a Democrat and was elected in 2015 to his fourth term as sheriff in Lake County.

Defense attorney Bryan Truitt said outside court after the verdict that defense attorneys will "do everything we can to set aside this verdict." He said Buncich "holds his head up high knowing the truth is that he didn't do anything wrong."

Republican Portage Mayor James Snyder faces federal bribery charges in a related case of accepting money in exchange for towing contracts in his city, which is in neighboring Porter County. Snyder, who was elected to his second term as mayor in 2015, has pleaded not guilty and has a trial scheduled to begin in January.

08242017 - News Article - Lake County, Indiana, Sheriff John Buncich found guilty of fraud, bribery

Lake County, Indiana, Sheriff John Buncich found guilty of fraud, bribery

Post Tribune

August 24, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-trial-day-14-st-0825-20170824-story.html

Lake County Democrats soon will select a new sheriff after a federal jury on Thursday convicted John Buncich on public corruption charges accusing him of accepting bribes for larger shares of local tow truck work.

A 12-person jury, composed of eight men and four women, returned a guilty verdict Thursday morning on five counts of wire fraud and honest services wire fraud and one count of bribery. Buncich, 71, remains on bond until his sentencing Dec. 6, but must immediately forfeit his post as the county's top law enforcement official, officials said.

"The United States Attorney's office will continue to vigorously prosecute public officials who use their public office as means for personal enrichment," Acting U.S. Attorney Clifford Johnson said in a statement. "All citizens deserve public officials who work for the public interest and not their own interest."

The jury began deliberating shortly before 5:30 p.m. Wednesday before breaking just before 10 p.m. Jurors resumed their deliberations at 9 a.m. Thursday and reached a verdict by 10:05 a.m., capping the 13-day trial filled with testimony from local tow-truck operators, accountants and public officials.

Federal prosecutors presented evidence and testimony alleging the sheriff accepted bribes, often in the form of campaign fundraising tickets, to help tow operators get more jobs through the county. Defense attorneys argued the donations were made without any intention of influencing Lake County's top cop and that it was all set up by the FBI.

Defense attorney Bryan Truitt said he and co-counsel Larry Rogers were "very disappointed" by the jury's verdict. Truitt said he and Rogers have been practicing law for a long time and tried a lot of cases, and neither has been so firmly convinced of their client's innocence as they were with Buncich.

"Mr. Buncich holds his head up high knowing that the truth is that he didn't do anything wrong, that he is a good man and proud of his service to Lake County," Truitt said in front of the federal courthouse in Hammond after the verdict.

Buncich, meanwhile, stood off to the side, and did not give a personal statement.

James Wieser, chairman of the Lake County Democratic Central Committee, said state law requires the sheriff step down once the jury rendered its verdict, starting the process to plan a caucus to fill the vacancy. Wieser said he'll call a caucus of the county's Democratic precinct committeemen within 30 days of the office being vacated and select a new sheriff.

The committee is in the process of figuring out the date, location and sending out notices for the caucus, he said.

Buncich found guilty of fraud, bribery

Lake County Chief Dennis M. Eaton will run the the sheriff's department during the interim, Wieser said.

"He's a respected career law enforcement officer," Michael Repay, president of the Lake County Board of Commissioners, said of Eaton. "Eaton will carry the ball until the caucus."

Repay said Eaton has the full support of the Board of Commissioners.

"This is a big operation to keep going and we have confidence he will keep it going," Repay said.

Gary Mayor Karen Freeman-Wilson, who testified for the defense last week, said Thursday in a statement: "As a citizen, I respect the province of the jury. As a friend and colleague, I am praying for Sheriff Buncich and his family. We must all remember the sacred nature of our public trust."

Wieser said he's known Buncich for a long time and never anticipated anything like this would happen.

"I'm saddened by the verdict. I don't take any joy in it," Wieser said. "I'm upset again for the Democratic Party."

Wieser said part of the reason he ran for party chairman is to see the party take a new direction, and it's time to change the culture and image of impropriety.

"There's just no room for it," Wieser said.

During closing arguments Wednesday, Assistant U.S. Attorney Philip Benson said Buncich is heard on the recordings wanting to get back the $85,000 he invested in his campaign and the evidence shows he sought to recover that money from tow operators.

"You now know that he was absolutely serious about getting that money back because you saw how he got it," Benson said.

Rogers, during closing arguments, said the sheriff had a stellar reputation among law enforcement and the community until the government began its investigation. Rogers said the FBI produced encounters with the sheriff to make it appear Buncich is corrupt.

"The government has systematically set out to paint the sheriff as a bad person," Rogers said.

Buncich, former Lake County Chief of Police Timothy Downs and William Szarmach, of CSA Towing in Lake Station, were named in a multicount indictment in November, alleging a towing scheme in which the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich Boosters, according to court records.

Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's department, according to court documents. Szarmach pleaded guilty in July, a week before the trial started.

Both agreed, as a condition of the agreements, to testify against Buncich.

Truitt said the defense will do everything it can to have the verdict set aside.

"I don't want to speculate on what they (the jury) were thinking," Truitt said. "I think they sure as heck got something wrong or confused."

As part of a stipulation filed Thursday in the case, Buncich agreed to forfeit $34,000 tied to the case if he was convicted on any of his counts, court records show.

"Public officials who abuse their positions for personal financial gain at the expense of the taxpayers will not be tolerated," W. Jay Abbott, special agent in charge of the FBI's Indianapolis Division, said in a statement. "The FBI and our federal, state and local partners will continue to aggressively pursue those across Indiana who corrupt their office for self-serving motives."

Dan Dernulc, chairman of the Lake County Republican Party and a Lake County councilman, said elected officials should be held to a higher standard, calling the case a "a black eye for Lake County."

"If you do something that is not right, you're going to be found out for sure," Dernulc said. "You should not enrich yourself, especially on the public clock."

Incidents such as the case against the Buncich impact how the public views elected officials, Wieser said, and most are honest and decent.

"Everybody gets painted with a broad brush," Wieser said.

Repay said the verdict allows Lake County to move beyond the corruption case.

"Today was a day where justice was served," Repay said.　

08242017 - News Article - UPDATE: Sheriff John Buncich guilty - U.S. Attorney keeps perfect record on public corruption cases

UPDATE: Sheriff John Buncich guilty

U.S. Attorney keeps perfect record on public corruption cases

NWI Times

August 24, 2017

nwitimes.com/news/local/crime-and-courts/update-sheriff-john-buncich-guilty-u-s-attorney-keeps-perfect/article_8f97728a-ee8c-5fde-bb22-1a3ac62fce39.html

HAMMOND — A U.S. District Court jury has found Lake County Sheriff John Buncich guilty on all six counts of wire fraud, honest services wire fraud and bribery. 

The jury came back to the courtroom at 10:05 a.m. after deliberating for four hours Wednesday night and one hour this morning. 

Buncich is free on bond until his sentencing on Dec. 6, when he faces lengthy prison time. He is also immediately removed from office. 

Buncich displayed no emotion when his verdict was read in open court Thursday morning. Some of his supporters in the audience appeared shocked and grief stricken.

Bryan Truitt, one of Buncich's defense attorneys, said he didn't agree with the verdict and would be preparing an appeal. Buncich declined comment outside the courthouse in Hammond.

Larry Rogers, another of Buncich's attorneys, argued Wednesday night to the jury the government entrapped Buncich by giving him tens of thousands in cash uninvited and selectively editing dozens of hours of audio and video recordings to make Buncich look his worst.

The defense offered no video of its own.

Buncich took the daring step of answering the charges by testifying over three days of the trial. He insisted he was legitimately raising campaign contributions and didn't manipulate towing assignments to reward the largest donors.

But he couldn't explain away images of his grabbing and pocketing large wads of cash taken surreptitiously by the FBI and their undercover agent, Scott Jurgensen, a former Merrillville police man and towing firm owner. 

Assistant U.S. Attorney Philip Benson told jurors Wednesday night, "Does this look like a campaign contribution? He was taking money for doing his job. It's time to hold him responsible."

US ATTORNEY IMPROVES RECORD

Acting United States Attorney Clifford Johnson states that “The United States Attorney’s Office will continue to vigorously prosecute public officials who use their public office as means for personal enrichment. All citizens deserve public officials who work for the public interest and not their own interest.”

W. Jay Abbott, Special Agent in Charge of the FBI's Indianapolis Division, said "Public officials who abuse their positions for personal financial gain at the expense of the taxpayers will not be tolerated. The FBI and our federal, state, and local partners will continue to aggressively pursue those across Indiana who corrupt their office for self-serving motives.

Johnson added, "Also instrumental in these investigations are the honest and patriotic citizens who come forward and assist in uncovering the truth as was the case in Lake County."

John Dull, who has been county attorney for several decades, said Thursday the U.S. Attorney's office has won all of the public corruption cases it has prosecuted against elected public officials since the 1970s. He said most of them pleaded guilty rather than risk trial.

'SAD SAGA' ENDS

Mike Repay, president of the Lake County Board of Commissioners, issued a statement Thursday afternoon that said, "This is the end of a sad saga for the people of Lake County, who put their trust in John Buncich to enforce the law and remain accountable to the public."

"John Buncich violated the public trust with his actions. It will not only cost him his freedom, it adds another black mark against Lake County," Repay said.

Repay added the Board of Commissioners offer their full support to Lake County Chief of Police Matt Eaton who will supervise the sheriff's department until a caucus of Lake County Democratic precinct committeemen and vice committeemen elect a new sheriff next month.

The investigation of the sheriff began with a wide-ranging FBI investigation of local government towing contracts when they recruited Jurgensen who took up towing after he retired after 20 years as a Merrillville police officer.

He testified on the first day of trial he was frustrated that he couldn't get a contract from the department he had served for so long because he wouldn't pay bribes.

Jurgensen said he was one of about a dozen who had received towing contracts from the sheriff's department. He said he didn't have to pay to get on the list, but Downs, a longtime friend, approached him on behalf of the sheriff to buy campaign fundraising ticket.

STATEMENT FROM PORTAGE MAYOR JAMES SNYDER

Statement from Portage Mayor James Snyder, who has been indicted on federal bribery and tax charges. His trial is set to begin in January: 

"There are distinct differences between the two cases, I have never taken cash; all of contributions are recorded accurately and holding an elected official accountable for the intent of a donor would indict all elected officials who are not independently wealthy and have to raise funds to get their message out.

The prosecutor's own arguments against the sheriff prove my defense and in no way complicated my case; it enforces my innocence.

I have been transparent, cooperative and honorable in my conduct with the federal government. My family, my staff and the City continue to prosper under this cloud and we are grateful to the outpouring of goodness we have received."

VIDEO EVIDENCE 

The FBI wired Jurgensen and gave him buy money to give to Downs. The later arrested Downs and forced his cooperation with their undercover investigation. Downs carried a video camera into the sheriff's office in 2015 to deliver campaign crash.

Jurgensen video taped two meetings with the sheriff in which cash changed hands.

Buncich's lawyers criticized FBI tactics for paying Jurgensen $130,000 over a five-year period.

They suggested Downs was unbelievable as a witness because he pocketed some of the money he collected for the sheriff.

They characterized as a drunk William "Willie" Szarmach, a Lake Station towing owner who pleaded guilty to paying the sheriff kickbacks and who testified as government witness.

Benson answer was to replay for jurors the video tapes.

An FBI video surveillance recording of: Buncich's second-in-command Timothy Downs delivering $7,500 July 15, 2015, to Buncich in the sheriff's office.

An FBI video surveillance recording of Buncich leaning into Szarmach's tow truck and Jurgensen giving Buncich $2,500 April 22, 2016, in the parking lot outside of Delta Restaurant in Merrillville.

An FBI video surveillance recording of Jurgensen giving Buncich $2,500 on July 21, 2016, in the parking lot outside of Delta Restaurant in Merrillville.

FBI surveillance photographs of a meeting Sept. 2, between Jurgensen and Buncich in which Jurgensen gives the sheriff $7,500.

Benson said of the sheriff, "He never thought anyone would see that. If you didn't see it. You wouldn't believe it."

Benson praised Jurgensen's courage. "Think about the guts it took for Mr. Jurgensen to do this to himself and his business and family. What does he get for it? He's called a liar on the witness stand. Its hell to be a cooperator."

Defense lawyers argued the sheriff never delivered more lucrative towing to Jurgensen or Szarmach despite their political contributions.

Benson disagreed, but said it was illegal for the sheriff to take the money and make such promises regardless of the outcome. Even if the sheriff rips them off, its still a crime."

08242017 - News Article - Portage mayor says his public corruption case is different than Sheriff Buncich

Portage mayor says his public corruption case is different than Sheriff Buncich

NWI Times

Aug 24, 2017

nwitimes.com/news/local/crime-and-courts/portage-mayor-says-his-public-corruption-case-is-different-than/article_cb977ec2-72a8-5f8d-81ec-d86840d5ea18.html

Portage Mayor James Snyder, who faces federal corruption and bribery charges, said there are distinct differences between his case and the one that led to Thursday's public corruption conviction against Lake County Sheriff John Buncich.

"I have never taken cash; all of contributions are recorded accurately and holding an elected official accountable for the intent of a donor would indict all elected officials who are not independently wealthy and have to raise funds to get their message out," Snyder said in a prepared statement requested by The Times.

"The prosecutor's own arguments against the sheriff prove my defense and in no way complicated my case; it enforces my innocence," he said.

"I have been transparent, cooperative and honorable in my conduct with the federal government," Snyder said. "My family, my staff and the city continue to prosper under this cloud, and we are grateful to the outpouring of goodness we have received."

Snyder's federal trial is set for Jan. 28 before U.S. District Court Judge Rudy Lozano.

He was indicted in November and has pleaded not guilty to felony counts of bribery, extortion and tax dodging, which carry long prison terms if he is convicted.

Snyder is accused in the bribery count of corruptly soliciting and receiving $12,000 from tow truck operator John Cortina in return for providing Cortina with a towing contract with the city. Cortina is charged with corruptly offering those checks to Snyder.

Snyder is also charged with corruptly soliciting and agreeing to accept a bank check in the amount of $13,000 in connection with Portage Board of Works contracts, a Portage Redevelopment Commission project and other consideration.

The third charge accuses Snyder of obstructing and impeding the Internal Revenue Service’s collection of personal taxes he owed and payroll taxes owed by his mortgage business, First Financial Trust Mortgage LLC.

08242017 - News Article - Portage mayor also facing charges on Lake County sheriff's conviction: 'It enforces my innocence'

Portage mayor also facing charges on Lake County sheriff's conviction: 'It enforces my innocence'

Post Tribune

August 24, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-response-buncich-st-0825-20170824-story.html

Portage Mayor James Snyder, indicted in November for allegedly soliciting money for towing contracts, said there are differences between his case and that of Lake County Sheriff John Buncich, who was convicted Thursday on public corruption charges.

In a prepared statement in response to Buncich's conviction on federal counts of wire fraud, honest services wire fraud and bribery, Snyder said there are distinct differences between the two cases and the prosecutor's arguments in the Buncich case in fact re-enforce Snyder's innocence.

"I don't think that the Sheriff Buncich conviction will affect the Mayor Snyder trial in any way," said Thomas Dogan, a Portage attorney who is part of Snyder's legal team.

"Any cash the mayor has ever had given to him has been properly represented in his campaign reports," Dogan said, adding Snyder had a professional treasurer to keep track of his campaign donations.

Snyder, like Buncich, entered a plea of not guilty after he was charged with John Cortina, of Kustom Auto Body in Portage, with violating a federal bribery statute.

Federal prosecutors said at the time that Snyder allegedly solicited money from Cortina, a local towing operator, and "Individual A" and gave them a towing contract for Portage.

Snyder also received a bribery indictment for allegedly accepting $13,000 in connection with a board of works contract and allegedly obstructed Internal Revenue Service laws.

In his statement, Snyder said that unlike Buncich, he has never taken cash and all of his campaign contributions are recorded accurately. Federal prosecutors showed video recordings of Buncich accepting cash during his trial, and also offered testimony that he received cash contributions that did not appear on his campaign finance reports.

"Holding an elected official accountable for the intent of a donor would indict all elected officials who are not independently wealthy and have to raise funds to get their message out," Snyder said.

In his statement, Snyder said Assistant U.S. Attorney Philip Benson's arguments against Buncich prove his own defense and in no way complicate his case.

"It enforces my innocence," Snyder said. "In order to gain a conviction the prosecution would have to argue a complete double standard from their own arguments against the sheriff."

Dogan said Snyder is alluding to the fact that informants testified in the Buncich case that in their minds, they were paying bribes, "and in the mayor's case, that certainly would not support a conviction."

Snyder goes on to say in his statement that he has been "transparent, cooperative and honorable" in his conduct with the federal government and the city of Portage.

"My family, my staff and the city continue to prosper under this cloud and we are grateful to the outpouring of goodness we have received," he said.

Snyder and Cortina are scheduled to go on trial in January.

08232017 - News Article - Day 13: Jury to continue deliberating in Lake County Sheriff John Buncich's corruption trial Thursday

Day 13: Jury to continue deliberating in Lake County Sheriff John Buncich's corruption trial Thursday

NWI Times

August 23, 2017

nwitimes.com/news/local/crime-and-courts/day-jury-to-continue-deliberating-in-lake-county-sheriffjohn/article_2de39f3f-8ce2-583d-a639-493eb28de3ac.html

HAMMOND — Jurors deliberated for four hours Wednesday in the public corruption trial of Lake County Sheriff John Buncich before going home.

The eight-man, four-woman jury retired to their jury room about 5:20 p.m. after hearing two hours of testimony from the final witnesses and three hours of closing arguments by Assistant U.S. Attorney Philip Benson and the defense team of Bryan Truitt and Larry Rogers.

The jury will resume deliberations at 9 a.m. Thursday.

Buncich was in financial difficulty between 2003 and 2008 when he was out of office and was forced to spend his retirement nest egg of more than $500,000 and borrow heavily from friends and former employees to make ends meet.

Benson reminded jurors they heard Buncich on an FBI surveillance audio tape complain he had been forced to loan $85,000 to his re-election campaign and he wanted that money back in his personal bank account before he left office.

Benson said two towing firm owners, Scott Jurgensen, a former Merrillville Police Department officer and confidential FBI informant, and William "Willie" Szarmach, now a cooperating government witness, testified Buncich accepted tens of thousands in cash from them in return for promises they would receive more lucrative towing work from his department.

Buncich is pleading not guilty to six counts of wire fraud, honest services wire fraud and bribery. He testified over three days, denying all wrongdoing.

Both sides rested their cases and the judge denied a defense motion to declare Buncich not guilty.

Benson used the 13th day of the trial to emphasize the government's allegations with video and photographic evidence that Buncich used his campaign fundraising as cover for a scheme to solicit kickbacks from the dozen towing firms doing business with county police.

Defense lawyers argued Buncich has had a spotless reputation for honesty during his more than four decades as a county police officer who has been elected the county's top law enforcement official four times since 1994.

Rogers told jurors, "What the government has done over the past two weeks is systematically dirty up the sheriff so you will believe he is guilty as charged."

Rogers said the FBI paid Jurgensen $130,000 over a five-year period to pursue Buncich. Rogers said it was the choice of the FBI to have Jurgensen pay the sheriff in cash and lure him into incriminating statements.

Jurgensen wore audio and video recorders. Timothy Downs, the sheriff's former second in command who pleaded guilty late last year to conducting the sheriff's political campaigning on county government time, also wore a wire.

"The government was 100 percent in control of the situation. They produced, directed, scripted and acted this out, seeking a conclusion that was not there," Rogers said.

Benson replayed for jurors a videotape of Downs walking into the sheriff's office

An FBI video surveillance recording of: Buncich's second-in-command Timothy Downs delivering $7,500 July 15, 2015, to Buncich in the sheriff's office.

An FBI video surveillance recording of Buncich leaning into Szarmach's tow truck and Jurgensen giving Buncich $2,500 April 22, 2016, in the parking lot outside of Delta Restaurant in Merrillville.

An FBI video surveillance recording of Jurgensen giving Buncich $2,500 on July 21, 2016, in the parking lot outside of Delta Restaurant in Merrillville.

FBI surveillance photographs of a meeting Sept. 2, between Jurgensen and Buncich in which Jurgensen gives the sheriff $7,500.

Benson asked jurors, "Did he look shocked or did he look like he did it before? He seems very comfortable putting the money in drawer of his desk, owned by Lake County taxpayers."

Benson said the money exchange July 21, 2016, between Buncich and Jurgensen "looks like a hand-to-hand drug deal. This is the highest ranking law enforcement officer in Lake County."

He told jurors, "He lied straight to your faces. Maybe he thinks you are dumb and can't decide. He's dumb, cocky, arrogant and that's why he's seated there (in court) today."

Benson and Rogers battled over whether Buncich took $3,500 in cash from the driver's seat of Szarmach's tow truck April 22, 2016.

The FBI camera only shows Buncich leaning into the truck. Its door blocks the view of what happened next. Szarmach said Buncich took envelopes of money.

Rogers said Szamach cannot be believed and the sheriff wouldn't have had time in the few seconds he is off camera to grab cash. Benson said of Buncich, "See him lean in? He had no other reason to lean over into the truck."

08232017 - News Article - Lake County Sheriff Buncich's towing bribery case heads to jurors

Lake County Sheriff Buncich's towing bribery case heads to jurors

Post Tribune

August 23, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-trial-day-13-st-0824-20170823-story.html

Federal prosecutors Wednesday told jurors that Lake County Sheriff John Buncich abused his elected position to solicit bribes from tow operators, but defense attorneys countered that it was the FBI that paid an informant to make a crime happen.

Attorneys for Buncich and the government made closing arguments in the sheriff's public corruption case Wednesday after 13 days, of testimony. Jurors began their deliberations shortly before 5:30 p.m. Wednesday and were scheduled to resume Thursday morning.

Assistant U.S. Attorney Philip Benson said Buncich is heard on the recordings wanting to get the $85,000 back that he invested in his campaign and the evidence shows he sought to recover that money from tow operators.

"You now know that he was absolutely serious about getting that money back because you saw how he got it," Benson said.

Buncich took $7,500 in his office, $2,500 at one tow operator, $3,500 from another and lastly $7,500 in September, he said.

"All of it cash," Benson said.

Defense attorney Larry Rogers said the sheriff had a stellar reputation among law enforcement and the community until the government began its investigation.

"The government has systematically set out to paint the sheriff as a bad person," Rogers said.

The FBI directed and scripted the encounters with Buncich, deciding what to record, he said.

"They were in control," Rogers said.

The FBI's investigation into pay-to-play towing first began in 2012, when federal agents first came into contact with Scott Jurgensen, of Samson's Towing. After several years, the Lake County Sheriff's Department's towing operations came into the crosshairs when Downs approached Jurgensen about towing for the county.

Benson refuted the claim that the FBI set up the crime.

"That's a boogeyman they're throwing out there," Benson said.

Buncich, former Chief Timothy Downs and William Szarmach, of CSA Towing, were named in a multicount indictment in November alleging a towing scheme where the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich Boosters, according to court records.

Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents. Szarmach pleaded guilty in July, a week before the trial started.

Both agreed, as a condition of the agreements, they'd testify against Buncich.

Since the indictment, Buncich has maintained his innocence.

The defense team has said that the sheriff was simply conducting legitimate campaign business during the transactions with tow operators and in no way used that to influence how companies got on or stayed on the county list.

Rogers said witnesses testified that selling and buying campaign tickets is not a crime.

"In this instant, the government is trying to make it seem like it's illegal," Rogers said. But, he said, it only becomes a crime if there's a quid pro quo.

Rogers said an example of that is the meeting where Downs went into the sheriff's office to drop off $7,500 from three tow operators. Rogers asked if the sheriff knew he was doing something illegal, would he have kept the door open and spoken in his regular voice.

The reason the sheriff accepted the money is because there's nothing wrong with it, Rogers said.

Benson said the sheriff had such disregard that taking envelopes of cash in a restaurant parking lot or having money dropped in his office was nothing unusual.

Showing a July exchange of cash between Buncich and Jurgensen, where the sheriff reportedly took $2,500 cash, Benson asked the jury if that looked like legitimate campaign fundraising.

"Look at that. Does that look like a campaign contribution," Benson said. "That looks like it could be a hand-to-hand drug deal."

Rogers said the surveillance photos and recordings taken of Buncich and Jurgensen during a September do not show that he gave the tow operator fundraiser tickets, which the sheriff had reportedly done.

"I think the evidence shows he was dumb and cocky and arrogant," Benson said. "And that's why he's sitting over there today."

Benson said the tapes show what happened when people didn't buy the tickets.

"You don't buy the tickets, you get screwed," Benson said.