UPDATE: Sheriff John Buncich guilty
U.S. Attorney keeps perfect record on public corruption cases
NWI Times
August 24, 2017
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."
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