Sentencing of former Lake County Sheriff John Buncich - who was convicted of bribery/wire fraud in August 2017
Lake officials hit alarm following possible misconduct by ex-sheriff Buncich's girlfriend in her role as nursing director
NWI Times
January 17, 2018
http://www.nwitimes.com/news/local/crime-and-courts/lake-officials-hit-alarm-following-possible-misconduct-by-ex-sheriff/article_064b4ad1-0c28-5a09-8b0a-8c1db1e30a6b.html#tracking-source=home-breaking
CROWN POINT —The Lake County Jail medical director is coming under pressure to replace his nursing director following her unauthorized use of police records.
Sheriff Oscar Martinez Jr. locked Deborah Back out of the Lake County Jail Tuesday after she testified in federal court she used the sheriff department's record system to look into the background of federal task force members investigating her partner, former Sheriff John Buncich.
Martinez issued a news release Wednesday stating he has ordered his department's internal investigations unit to determine if Back "may have inappropriately used the Lake County Sheriff Department’s information system to gather information on people related to the federal case against the former Sheriff. The unauthorized or inappropriate access may be a violation of both Department policy and State Law."
Back was forced Tuesday to disclose this when she was called unexpectedly to the witness stand Tuesday to testify why she looked up records on Scott Jurgensen, an undercover FBI informant and Philip Benson, an assistant U.S. attorney who presented evidence against Buncich at trial last August and at Buncich's sentencing Tuesday.
A federal judge Tuesday ordered Buncich to immediately begin serving a 188-month prison term for his bribery and fraud.
Buncich had given Back access to the department's database after she became the jail's nursing director. She was an employee of Dr. William W. Forgey, a personal friend and physician of Buncich.
Forgey owns Correctional Health Indiana Inc., which has had the contract to provide medical services to jail inmates since 2012. He and his 41-member staff are receiving more than $4 million this year for their jail services. He didn't return calls seeking comment.
Lake County commissioners, who awarded Forgey's contract, said Wednesday they expect Forgey to put a nursing director in place at the jail, as his contract and the U.S. Justice Department, which oversees jail services, demand.
Commissioner Mike Repay, D-Hammond said, "I wouldn't say there has been a wholesale loss of faith, but I look forward to Dr. Forgey's immediate action to fix the situation."
Back testified Tuesday she normally used the sheriff's records to track jail inmates in need of medical services and didn't realize, at the time, what she was doing, was inappropriate.
Benson questioned her Tuesday about whether she was looking up the records on behalf of Buncich, who had previously requested one of his commanders, Mark Eaton, use other police records to dredge up information on witnesses accusing Buncich of bribery. Eaton refused to do so.
She denied doing it for Buncich.
Martinez said Tuesday she is denied access to Spillman and the jail "until further notice," and that he has ordered his technical advisors to restrict the amount of information the county's jail medical staff can access in future to prevent a similar occurrence.
Lucrative position
Back said she had been working in the county jail since 2012. She said she hadn't worked as a nurse for a decade prior to that, but that her husband, Mike Back, died that year of a heart attack and she had to support her children. She said she began dating Buncich in 2014.
County records indicate Back's salary for supervising nursing services in the jail last year was $190,000 — more than the sheriff's salary. Back testified she also received annual bonuses that pushed her income up to $230,000 in 2014, and $217,000 in 2015.
The website, Nurse.org, states the average annual salary in 2016 for Indiana's more than 63,000 registered nurse was less than $59,000.
Buncich also employed her son, Mark Back, as his public relations spokesman in 2015 and in 2016, and made him the department's health care service administrator in 2016 where he managed the jail inmate's Medicaid coverage and a treatment program for individuals addicted to opioids.
He had an annual salary of $61,783 when he resigned in the fall, two months after Buncich's conviction last year. He currently is a Democratic candidate for the 19th District state House seat.
Mark Back said Wednesday, "I was fortunate to have several options regarding where I wanted to take my career. I chose to seek employment with the Lake County Sheriff’s Department, because I wanted to return to my hometown and utilize my education and experience in health care programs to serve our community. The Sheriff’s Department provided me an opportunity to do just that. I am very proud of the work that I did with county government."
Sheriff investigating employee in light of Buncich sentencing testimony
Post-Tribune
January 17, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-lake-sheriff-internal-investigation-st-0118-20180117-story.html
The Lake County Sheriff's department launched an internal investigation Wednesday into a jail contract employee in light of testimony Tuesday at John Buncich's sentencing, an official said.
The testimony revealed that the employee "may have inappropriately used" the department's information system "to gather information on people related to the federal case against the former sheriff," said Emiliano Perez, sheriff's department spokesman, in a release.
"The unauthorized or inappropriate access may be a violation of both department policy and state law," Perez said.
A person was ordered to return all department credentials and was suspended "any access to the facility pending the outcome of the investigation," according to Perez.
The name of the employee was not released.
Sheriff Oscar Martinez declined comment until the investigation is complete.
Judge James Moody sentenced Buncich Tuesday in Hammond's federal court to 15 years and 8 months in prison.
During the hearing, Assistant U.S. Attorney Philip Benson asked Deborah Back, the director of nursing at Correctional Health Indiana and Buncich's "significant other," about her use of the Spillman system to find information on a confidential source.
"Yes, I viewed it," Back said, but denied doing it at the direction of the former sheriff.
"I don't routinely run people. Period," she said. "I know that it was wrong."
Benson said there's a warning in the Spillman that "unauthorized access is a violation of law."
The FBI spoke with a Sheriff's Department employee who searched the records of the medical staff member's use of the Spillman and found several occasions where information outside the normal scope was sought.
FBI special agent Nathan Holbrook said, during testimony, the employee searched for two people tied to the Buncich trial: the confidential source and Benson.
At the end of the sentencing hearing, Buncich was led out of the courtroom in handcuffs to immediately begin serving his sentence.
Buncich was indicted in November 2016 in a towing scheme where he accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich Boosters, according to court records.
He was convicted in August for bribery and wire fraud, among other charges, for soliciting bribes from county tow operators in his public corruption trial.
Ex-Lake County sheriff has asked to serve 15-year sentence at one of country's '10 cushiest prisons'
Post-Tribune
January 17, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-prison-life-st-st-0118-20180117-story.html
Convicted former Lake County Sheriff John Buncich is now inmate 16724-027.
Buncich, sentenced to more than 15 years in prison, arrived at the Metropolitan Correction Center, a federal holding facility in Chicago, after he was taken into custody Tuesday.
The former sheriff is expected to stay at the facility for 45 to 60 days before being transferred to another location to serve his sentence. He’s asked to be assigned to a federal prison camp in Yankton, S.D., according to his attorney.
Defense attorney Bryan Truitt said Tuesday once an appeal is filed, he will petition the court to release Buncich on bond pending review by the 7th U.S. Circuit Court of Appeals in Chicago.
Truitt could not be reached for comment Wednesday.
Metropolitan Correction Center staff did not respond to requests for comment.
Federal Judge James Moody on Tuesday sentenced Buncich to serve 15 years and eight months in prison, and pay a $250,000 fine.
Buncich, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 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.
Buncich was convicted in August of bribery and wire fraud for using his elected office to solicit bribes from county tow operators. During the former sheriff's 14-day trial, prosecutors said Buncich took money from the tow operators and used that to determine how many tows companies got and in what areas of Lake County they worked.
Buncich has maintained his innocence. Downs pleaded guilty in December 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both agreed to testify against Buncich during his trial.
Whether Buncich would be taken immediately into custody or allowed to report at a later date was an issue at Tuesday's hearing.
Assistant U.S. Attorney Philip Benson argued in court documents that Buncich needed to be taken into custody right away because of the length of the sentence he was facing; the former sheriff's access to cash assets; alleged violation of bond conditions; his training and experience as a law enforcement officer; and contact with a federal fugitive.
Truitt, during the sentencing hearing, disputed those claims.
Truitt said there was no evidence that Buncich had access to large amounts of cash and wasn't a flight risk. And, Truitt said, few white collar criminals are taken into custody at the time they're sentenced.
Truitt requested that Buncich be sent to the minimum security federal prison camp in Yankton, S.D., which is on the state's border with Nebraska. It's a town with 14,455 residents, according to 2014 census estimates.
The camps have "dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing" and are "work- and program-oriented," according to the Bureau of Prisons.
In 2009, Forbes ranked Yankton as one of the country's "10 cushiest prisons."
"The winters are tough, and the nearest city of any size is at least an hour away, but Yankton is a standalone minimum-security facility with a staff that's not too tough on prisoners," according to the magazine's online presentation.
Yankton "does not house inmates who have records of escape, violence, sexual offenses or who have major medical/psychiatric problems," according to a federal audit of the facility.
The all-male prison houses more than 580 inmates, according to its website, ranging in age from 20 to 86, the audit said.
The prison is on a historic registry and formerly served as dormitories for students of Yankton College, according to a federal audit.
Public street access goes through the camp, according to a federal audit, and it is in the neighborhood of an elementary school and local homes within city limits.
Convicted local politicians sent to federal prisons across country
•Former East Chicago Mayor George Pabey, sentenced to five years for taking $14,000 from the city, went to Duluth, Minn.
•Former Calumet Township Trustee Dozier Allen, sentenced to 18 months for stealing $143,000 from the township, went to Ashland, Ky.
•Former East Chicago Controller Edwaurdo Maldonado, sentenced to more than eight years for stealing $25 million from the city, went to Duluth, Minn.
•Robert Cantrell, sentenced to six and one half years for stealing $68,000 from North Township, tax fraud and insurance fraud, went to Ashland, Ky.
•Former county clerk and Coroner Thomas Philpot, sentenced to 18 months for stealing from the county, went to Milan, Mich.
•Former Lake Station Mayor Keith Soderquist, sentenced to four years for theft, went to Thomson, Ill.
•Former Lake County Surveyor George Van Til, sentenced to 18 months for using county resources for his campaign, went to Terre Haute.
Buncich's girlfriend goes to his sentencing and lands in the hot seat
NWI Times
January 16, 2018
HAMMOND — Former Lake County Sheriff John Buncich's significant other admitted Tuesday she used a restricted police data system to dredge up sensitive background information on his accusers.
Assistant U.S. Attorney Philip Benson confronted Deborah Back with evidence of the unauthorized data collecting when he called her to the witness stand, as a surprise witness, during Buncich's sentencing for public corruption in U.S. District Court Judge James Moody's courtroom.
"I know it was wrong," Back said.
Sheriff Oscar Martinez Jr. said Tuesday afternoon he is banning her from working in the Sheriff's Department, where she has been director of nursing for the lockup's medical unit the last six years.
Benson accused Back of twice using her access to the Lake County Sheriff Department's Spillman's data system in February to investigate the government's lead investigators against Buncich — Benson and Scott Jurgensen and Jurgensen's family.
Benson led the U.S. attorney's office prosecution team against Buncich at the August trial and Tuesday's sentencing. Jurgensen, a retired Merrillville police officer and towing firm owner, was an undercover informant for the FBI investigation gathering evidence of bribery against Buncich.
Back had access to the system because of her position at the county jail, a job that paid between $158,000 and $230,000 a year — more than Buncich, who made $146,000 last year. She said she routinely used it to determine the medical status of jail inmates.
"Do you think you should continue to have access to this system after you've abused it?" Benson asked her. She said she didn't understand, and no one warned her, what she did was improper at the time. Benson asked, "It that because you were the significant other of the sheriff?"
Back said she and the sheriff have been dating for four years — two years after she first began working at the jail — and they have been living together recently. Benson said federal authorities arrested Buncich at her Crown Point home in November 2016 when he was first indicted on bribery charges.
She said Dr. William Forgey, owner of Correctional Health Indiana Inc., hired her to be his nursing administrator in 2012. Forgey is a close friend of and has been a personal physician to former Sheriff Buncich.
Back's future in the jail is in jeopardy. Martinez, who took over the Sheriff's Department in September after Buncich's removal from office, said his investigators have been cooperating with federal authorities who discovered Back's unauthorized use of the data system.
He said he had agreed to wait until the U.S. attorney's office made the violation public before he would act. He said he has immediately denied Back access to the Spillman system and to work in the jail until his department completes an investigation into whether she violated any laws or department rules.
Former Lake County sheriff sentenced to over 15 years
WGN News - Chicago
January 16, 2018
http://wgntv.com/2018/01/16/former-lake-county-sheriff-to-be-sentenced-in-towing-scheme/
HAMMOND, Ind. -- Former Lake County Sheriff John Buncich was sentenced to 188 months, or 15 years and eight months, on Tuesday for his role in a bribery scheme.
Buncich, 72, accepted tens of thousands of dollars in bribes from tow truck companies, in exchange for getting county business.
In court, Buncich called Tuesday the darkest day of his life, and said he feels remorse for those he hurt or let down.
Buncich was taken into custody right after the judge gave the sentence.
His lawyer pleaded with the judge not to hand down a stiff sentence. The defense argued for no more than a five year prison sentence.
Buncich’s attorneys argued during his two week trial last year that the former sheriff was set up by the FBI and that the money was actually campaign contributions and not bribes. Still a jury found him guilty.
His attorney said he plans to appeal not only the sentence but the verdict and will ask that Buncich be released on bond in the meantime. If not, he has the judge to recommend to the Bureau of Prisons that Buncich serve his time at the federal prison in Yankton, South Dakota.
Meanwhile, federal prosecutors said they have formed a public corruption task force that will be working to root out public corruption in the northern district of Indiana.
UPDATE: In 'the darkest day' of his life former Sheriff John Buncich is sentenced to 188 months in prison
NWI Times
January 16, 2018
http://www.nwitimes.com/news/local/crime-and-courts/update-in-the-darkest-day-of-his-life-former-sheriff/article_469007a8-dedb-5946-84e1-53e1760b9700.html
HAMMOND — A federal judge has sentenced former Sheriff John Buncich to immediately begin serving a 188-month prison term — a little more than 15 years — for public corruption.
The man who had been the face of law enforcement in Lake County for decades appeared stunned by the pronouncement, which his lawyer, Bryan Truitt, called tantamount to a death sentence for his 72-year-old client.
U.S. District Court Judge James Moody refused the usual courtesy to public corruption figures, the freedom to report directly to his federal penitentiary at a later date.
Moody said the embarrassment Buncich caused to his police department and the harm he caused to Lake County's reputation in the state was staggering and denounced Buncich's abuse of power for self-enrichment and his "blind obedience to the political cult. Shame on you."
Buncich's voice was reduced to a whisper after learning of his sentence. He only had time to briefly look back to the court audience, which contained a number of his supporters, before court security officers led Buncich in restraints out of the court and into a holding cell.
The court also imposed a $250,000 fine on Buncich.
U.S. Attorney Thomas Kirsch II said his office requested Buncich be detained immediately for fear he would flee to avoid having to serve such a lengthy sentence. Kirsch said there was evidence of large amounts of "unexplained cash" associated with Buncich's bank accounts.
Truitt said it was ridiculous to believe a man of Buncich's age and poor finances would be able to live long on the run. Truitt said his client will appeal the conviction and sentence within weeks.
What's next?
Buncich likely would spend the next 45 to 60 days at Chicago's Metropolitan Correctional Center until he is transferred to a federal penitentiary. Truitt said Buncich preferred to spend his sentence at a federal camp in Yankton, South Dakota.
"This is the darkest day of my life," Buncich told the judge earlier in the six-hour sentencing hearing. Nevertheless, he said he was proud of his career and that he brought more minority police officers and civilian employees into the department than any previous sheriff.
The judge said he was struck by Buncich's almost complete lack of remorse, as was Kirsch, who said he is forming a new task force "to root out public corruption wherever it exists in the Northern District of Indiana."
Kirsch declined to comment on who might be indicted next, although testimony by FBI Agent Nathan Holbrook during the sentencing hearing hinted the towing investigation extended beyond the Sheriff's Department to the towns of Merrillville and Schererville.
Assistant U.S. Attorney Philip Benson reminded the court of evidence during Buncich's trial in August that the sheriff received tens of thousands of dollars in illegal payments from William Szarmach, a Lake Station towing firm owner and longtime Buncich associate, and undercover government informant Scott Jurgensen, owner of Samson's Towing of Merrillville, between 2014 and 2016.
Buncich found guilty of bribery
A jury last August found Buncich guilty of bribery counts on evidence the payments from Szarmach and Jurgensen amounted to bribes because they were made on condition Buncich provide them the choicest towing districts, and that Buncich delivered.
Prosecutors said the bribery took place under the cover of campaign fundraising. Buncich was elected sheriff in 1994, 1998, 2010 and 2014, and named chairman of the Lake County Democratic Party in 2014.
A federal grand jury indicted Buncich, Timothy Downs, Buncich's second-in-command at the time, and Szarmach in November 2016. Downs later revealed he had become a cooperating government witness, as did Szarmach eventually. Both have pleaded guilty and are awaiting sentencing themselves.
The government equipped Jurgensen with audio and video equipment that recorded payments. The evidence was used by the government to win its conviction of Buncich, who was forced from office by the guilty verdict.
Buncich told the court he worked 70-hour weeks to ensure public safety as well as rehabilitate the County Jail, which was under federal mandate to correct nearly 100 deficiencies in inmate medical and mental health care.
But Benson presented evidence that Buncich was so obsessed with receiving bribes from towing firms that he directed his gang unit to put off their regular duties to ticket more cars for towing.
Holbrook said the department was receiving complaints from the public about their cars being towed for minor infractions and costing their owners hundreds of dollars to recover their vehicles. Holbrook said the joke around the Sheriff's Department was they had become the "towing police."
Benson said Buncich's list of approved towing firms were all political contributors, and he considered those who didn't buy fundraising tickets, or who contributed to his political opponents, to be unfriendly and unworthy of county business.
Truitt argued Buncich didn't feel remorse, because he still doesn't believe he did anything wrong. He said Buncich only engaged in political fundraising like any other local elected official and had cars towed for legitimate reasons.
The guilty verdict in August forced Buncich from office. One of his political opponents, Oscar Martinez Jr., now occupies Buncich's old office. The Lake County Board of Commissioners has taken control of awarding towing contracts away from the Sheriff's Department.
Federal judge sentences former Sheriff John Buncich to 188 months in prison
NWI Times
January 16, 2018
http://www.nwitimes.com/news/local/crime-and-courts/federal-judge-sentences-former-sheriff-john-buncich-to-months-in/article_469007a8-dedb-5946-84e1-53e1760b9700.html
HAMMOND — A federal judge has sentenced former Sheriff John Buncich to 188 months, or a little more than 15 years, in prison for public corruption.
U.S. District Court Judge James Moody imposed the prison term Tuesday on the county's former top cop for soliciting and receiving bribes from towing firms competing for county police business.
Buncich appeared stunned by the judge's decision that he would be taken into custody immediately. He had said earlier that this was the darkest day of his life.
Buncich's voice was reduced to a whisper as he was asked routine questions after the sentence was read in court. One woman was sobbing in the courtroom.
The government prosecutors said Buncich received illegal payments from William Szarmach, a Lake Station towing firm owner and longtime Buncich associate, and undercover government informant Scott Jurgensen, owner of Samson's Towing of Merrillville, between 2014 and 2016.
A jury last August found Buncich guilty of bribery counts on evidence the payments from Szarmach and Jurgensen amounted to bribes because they were made on condition Buncich provide them the choicest towing districts, and that Buncich delivered.
Prosecutors said the bribery took place under the cover of campaign fundraising. Buncich was elected sheriff in 1994, 1998, 2010 and 2014, and named chairman of the Lake County's Democratic Party in 2014.
U.S. Attorney Thomas Kirsch II states Jurgensen met with the FBI in 2012 to discuss ongoing corrupt practices "in numerous Lake County municipalities."
The FBI investigation later moved to the Lake County Sheriff's Department, where Jurgensen got a towing contract through his friendship with Timothy Downs, Buncich's second-in-command. A federal grand jury indicted Buncich, Downs and Szarmach in November 2016.
The government equipped Jurgensen with audio and video equipment that recorded payments. The evidence was used by the government to win its conviction of Buncich, who was forced from office by the guilty verdict.
Ex-Lake County, Ind., sheriff John Buncich sentenced to 15 years, 8 months in bribery scheme
ABC News - Chicago
January 16, 2018
http://abc7chicago.com/ex-lake-county-ind-sheriff-john-buncich-sentenced-to-15-years-8-months-in-bribery-scheme/2952234/
HAMMOND, Ind. (WLS) -- A former Lake County, Ind. sheriff was sentenced Tuesday to 15 years and eight months in prison for his involvement in an illegal towing scheme.
John Bunchich, 72, who was convicted in August of six counts of corruption, accepted cash bribes and donations to his campaign. He was immediately taken into custody.
Before federal Judge James Moody handed down the sentence, witnesses testified in federal court in Hammond, Ind.
Prosecutors sought between 15 and 20 years in prison.
In accordance with state law, Buncich has been removed from office because he has been convicted of a felony.
During the trial, federal prosecutors argued Buncich used his office's control over the towing program to get kickbacks and bribes from tow operators, usually in the form of campaign contributions or fundraising tickets. The prosecution also presented FBI surveillance video that they said showed Buncich accepting a bribe.
Buncich denied ever requiring towing companies to pay him in order to get business from his agency. He also accused the FBI and government informants of setting him up.
"I'm in shock, I think this is an extraordinarily harsh sentence in light of what he actually did and just ignoring his personal history," said Bryan Truitt, Buncich's attorney.
Buncich blamed sloppy bookkeeping for $7,500 he received from a towing company operator not showing up in his political campaign account.
Buncich was indicted in November 2016 alongside his second-in-command Timothy Downs and William Szarmach, owner of the Lake Station, Ind., business CSA Towing. Buncich was charged with violation of the federal bribery statute and five counts of honest services wire fraud.
Szarmach plead guilty to counts of honest services wire fraud, bribery and failure to file a tax return, and Downs plead guilty to one count of honest services wire fraud.
Former Northwest Indiana sheriff gets 15 years in prison for public corruption
Post-Tribune
January 16, 2008 - 3:57 PM
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-sentencing-hearing-st-0117-20180116-story.html
A federal judge Tuesday sentenced convicted former Lake County Sheriff John Buncich to 188 months in federal prison after Buncich was convicted of public corruption charges in August.
Judge James Moody handed down the sentence after federal prosecutors argued for a weighty prison term after the former sheriff, 72, was convicted of using his office to solicit bribes from tow truck operators. Buncich, who has maintained his innocence, sought a more lenient sentence.
A jury convicted Buncich of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony.
Buncich, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 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 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both agreed to testify against Buncich during his August trial.
Sentencings for Downs and Szarmach have not been set, according to court documents.
Former Lake County Sheriff John Buncich Sentenced To 15 Years, 8 Months
CBS News - Chicago
January 16, 2018 at 3:55 pm
http://chicago.cbslocal.com/2018/01/16/lake-county-sheriff-john-buncich-sentenced/
HAMMOND, Ind. (CBS) — Former Lake County Sheriff John Buncich was sentenced to 15 years, 8 months in prison for taking bribes from towing companies.
Federal prosecutors said Buncich schemed to award towing business in Lake County, Ind., and the city of Gary to CSA Towing in Lake Station, in exchange for bribes to Buncich.
The former sheriff was immediately taken into custody.
Buncich, 72, was accused of receiving more than $25,000 in cash and $7,000 in checks for directing towing business to CSA and another unnamed towing business.
Buncich was charged with wire fraud, honest services wire fraud and bribery. He testified on his own behalf during the trial and he was convicted on all counts.
As a result of the conviction, Buncich was immediately removed as Sheriff.
Current Chief of Police Matt Eaton will take over on an interim bases.
In a surveillance video shown in court, a government informant was shown handing over $7,500 in cash to Buncich.
Ex-Lake County, Ind., sheriff to be sentenced in bribery scheme
ABC News - Chicago
January 16, 2018
http://abc7chicago.com/ex-lake-county-ind-sheriff-to-be-sentenced-in-bribery-scheme/2952234/
HAMMOND, Ind. (WLS) -- A sentencing hearing was underway Tuesday morning for former Lake County, Ind. sheriff John Bunchich, who was involved in an illegal towing scheme.
Bunchich, who was convicted in August of six counts of corruption, is accused of accepting cash bribes and donations to his campaign.
Prosecutors were slated to present three witnesses and the defense will call one before the federal judge in Hammond, Ind., makes a decision.
Prosecutors are seeking between 15 and 20 years in prison.
In accordance with state law, Buncich has been removed from office because he has been convicted of a felony.
During the trial, federal prosecutors argued Buncich used his office's control over the towing program to get kickbacks and bribes from tow operators, usually in the form of campaign contributions or fundraising tickets. The prosecution also presented FBI surveillance video that they said showed Buncich accepting a bribe.
Buncich denied ever requiring towing companies to pay him in order to get business from his agency. He also accused the FBI and government informants of setting him up.
He blamed sloppy bookkeeping for $7,500 he received from a towing company operator not showing up in his political campaign account.
Buncich was indicted in November 2016 alongside his second-in-command Timothy Downs and William Szarmach, owner of the Lake Station, Ind., business CSA Towing. Buncich was charged with violation of the federal bribery statute and five counts of honest services wire fraud.
Szarmach plead guilty to counts of honest services wire fraud, bribery and failure to file a tax return, and Downs plead guilty to one count of honest services wire fraud.
Former Lake County sheriff to be sentenced in towing scheme
WGN News - Chicago
JANUARY 16, 2018
http://wgntv.com/2018/01/16/former-lake-county-sheriff-to-be-sentenced-in-towing-scheme/
HAMMOND, Ind. -- A former sheriff in Lake County, Indiana will be sentenced on Tuesday for his role in a bribery scheme.
72 year-old John Buncich accepted tens of thousands of dollars in bribes from tow truck companies, in exchange for getting county business.
WGN's Nancy Loo reported a statement from Buncich in court. He called this the darkest day of his life, and he feels remorse for those he hurt or let down.
His lawyer pleaded with the judge not to hand down a stiff sentence. The defense is arguing for no more than a five year prison sentence.
Prosecutors are seeking up to 20 years behind bars.
Former Sheriff John Buncich is to learn his fate Tuesday at federal sentencing
NWI Times
January 15, 2018
http://www.nwitimes.com/news/local/crime-and-courts/former-sheriff-john-buncich-is-to-learn-his-fate-tuesday/article_6111e260-fa6e-5012-a6bc-774f5d0e789d.html
CROWN POINT — A federal judge with a history of being tough on corrupt politicians will sentence former Sheriff John Buncich on Tuesday.
U.S. District Court Judge James Moody will imprison the county's former top cop for soliciting and receiving bribes from towing firms competing for county police business.
The question before Moody is for how long.
Court papers indicate the court's probation office is recommending a term of between 151 months and 188 months.
U.S. Attorney Thomas Kirsch II is arguing for a sentence as long as 235 months, and Buncich's defense lawyers, Bryant M. Truitt and Larry Rogers, are pleading for no more than 60 months.
Moody has sentenced a number of officials to prison including: former East Chicago Mayor George Pabey, former Lake Station Mayor Keith Soderquist, former County Clerk and Coroner Thomas Philpot and Michael Mokol, a former top-ranking county police officer the judge sent away for 20 years in 1990 for accepting bribes to protect illegal gambling establishments.
Buncich, elected sheriff in 1994, 1998, 2010 and 2014, and named chairman of the Lake County's Democratic Party in 2014, has spent much of his public career campaign fundraising. He testified last summer it cost $200,000 to run for sheriff. Testimony at his trial indicated he had loaned $80,000 in personal funds to his re-election efforts, and he wanted that money back.
Kirsch argues this is why Buncich pushed fundraising demands on the department's towing firms.
Timothy Downs, Buncich's former second-in-command, pleaded guilty to selling Buncich's fundraising tickets on public time, and William Szarmach, a Lake Station towing firm owner and longtime Buncich associate, pleaded guilty to paying bribes.
Testimony during the 14-day trial in August to a U.S. District Court jury established that Szarmach and undercover government informant Scott Jurgensen, owner of Samson's Towing of Merrillville, paid Buncich tens of thousands between 2014 and 2016.
Federal prosecutors argued successfully the payments from Szarmach and Jurgensen amounted to bribes, because they were made on condition Buncich provide them the choicest towing districts, and that Buncich delivered.
The investigation of Buncich began with the frustration of Jurgensen, who started his towing business almost a decade ago, but couldn't get a towing contract in the town of Merrillville despite being a retired 22-year veteran of the Merrillville Police Department.
Kirsch states Jurgensen met with the FBI in 2012 to discuss ongoing corrupt practices "in numerous Lake County municipalities."
The FBI investigation later moved to the Lake County Sheriff's Department where Jurgensen got a towing contract through his friendship with Downs. A federal grand jury indicted Buncich, Downs and Szarmach in November 2016.
Downs and Szarmach admitted their guilt in the scheme, while Buncich chose to go to trial where federal prosecutors presented FBI video of:
* 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 on 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.
Buncich's lawyers argue he "resolutely maintains his innocence" and "on the whole, the citizens of Lake County are far better off because of John Buncich, regardless of how one views his conduct herein."
They argue county and municipal police have legitimate reasons for having vehicles towed, and Buncich had a legitimate right to solicit campaign contributions. "Buncich is simply guilty of what every politician is guilty of," they said. The defense lawyers argue the towing contributors got nothing from Buncich in return.
They acknowledge Buncich's campaign finance reports failed to reflect many of the payments in question, but it wasn't done with criminal intent. They indicate they will appeal the conviction.
MARC CHASE: Elected apologists absent among Buncich letters?
NWI Times
January 11, 2018
http://www.nwitimes.com/news/opinion/columnists/marc-chase/marc-chase-elected-apologists-absent-among-buncich-letters/article_fcb47c70-e1b7-57ad-8ea0-8bb4fc61f99d.html
Wisdom may finally be prevailing in a Region political system often defined by elected leaders standing up for their wayward — even criminal — colleagues.
But that same wisdom may not have rubbed off on attorneys trying to mitigate a high-profile client's felony prison sentence with at least two letters of support from unsavory sources.
Defense attorneys for former Lake County sheriff, and now convicted felon, John Buncich filed 30 letters of support in Hammond federal court Wednesday, all of which essentially seek leniency when Buncich is sentenced next week for bribery convictions.
In August, I promised to reveal the names and letters of any elected officeholders, public officials or other community leaders who wrote letters to the court seeking leniency for Buncich, who according to court documents could face up to 19-plus years in prison.
I did so because of a repugnant culture in Northwest Indiana in which some politicians have valued friendships with convicted felons over the taxpayer victims of the crimes.
In the August column, I argued it was time for elected officeholders to break the culture of acceptance for corruption by turning their backs on Buncich and others who would commit crimes under the guise of their public offices.
I made the very same call in a column published three years ago today when I pointed out the dozens of politically connected names — including several elected officeholders — who sought court leniency for former Lake County Surveyor George Van Til. Van Til was convicted of essentially stealing from taxpayers and was sentenced to 18 months in prison in February 2015.
It appears would-be apologists for corruption are beginning to get the message.
Out of the 30 letters of support filed Wednesday for Buncich, none appear to be elected officeholders, though the signed name on at least one letter is illegible and another is written by an unnamed "concerned citizen." PDF copies of those letters are attached to this column online an nwi.com/opinion.
Buncich defense attorney Brian Truitt also said he has been told the judge in the case may have received a few letters directly, and probation officers received four or five that he didn't obtain to file in the case.
But it could be a step in the right direction for both wisdom and morality.
However, political patronage — and good, old-fashioned bad judgment by Buncich and his attorneys — thrives in the letters that were filed.
A number of past employees of Buncich, who worked in both the Lake County Jail and sheriff's office, came to the disgraced former sheriff's defense.
Disgraced former warden
One is former Jail Warden Jeffery Kumorek, who asks U.S. District Court Judge James Moody to consider his former boss' "countless hours" in volunteer service to a Lake County anti-drug organization.
Including a character testimonial from Kumorek is shortsighted, considering Kumorek resigned his position as jail administrator in disgrace in 2012.
Buncich put then-warden Kumorek on sick leave on March 7, 2012, amid allegations that Kumorek had responded to a hit-and-run accident scene while intoxicated the day before he was put on leave.
Several jail officers had been jogging near the Lake County Government Center when a vehicle hit them and then kept on going.
Jail officer Britney Meux, 25, was killed.
Kumorek, who didn't return my calls seeking comment Wednesday, allegedly responded to the 2012 accident scene in a county police car that struck a curb as he arrived.
My former Times colleague and columnist, Mark Kiesling, reported that Kumorek allegedly fell when getting out of his squad car and verbally threatened a county chief of detectives when the chief refused to allow Kumorek to enter the scene.
Kumorek resigned later that month.
A testimonial from a warden who resigned in the wake of questionable circumstances isn't exactly a ringing endorsement.
Carol Ann Seaton
Buncich defense attorney Truitt apparently liked a letter of support from Gary resident Carol Ann Seaton enough to file it twice, under two different court exhibit numbers, on behalf of Buncich.
That apparent clerical error aside, Truitt should have thought better of including even one copy of the letter in the court file.
Regular Times readers will remember Seaton as the failed Democratic candidate for Lake County assessor in 2010.
It was noteworthy at the time because she was defeated by a Republican — the first time a GOP candidate had won a countywide office in 50 years.
Though he was a good man, victorious Republican Hank Adams defeated Seaton more because of her scandal-ridden candidacy than because of a change in political winds. Seaton couldn't be reached for comment Wednesday.
At the time, Seaton was embroiled in controversy for allegedly dodging Indiana vehicle registration laws and fees by claiming she resided in Michigan while also claiming a Gary address when running for the office. She also has been implicated in the past of being delinquent on property taxes.
So it's hard to see how her letter of "humble words" imploring the judge to "see another facet of a good man" can help Buncich.
Good people
To be fair, some upstanding members of the Region community wrote some of the letters on Buncich's behalf.
Sister Maria Giuseppe, of St. Joseph's Carmelite Home for Girls, noted Buncich "was never less then a gentleman" when providing gifts and kindness to the residents of her East Chicago children's shelter.
I know Giuseppe by her reputation as being an ardent champion for some of the most vulnerable people in our Region.
But just because Buncich put a good foot forward in the eyes of some doesn't absolve him of the crimes of which he has been convicted.
A chief county lawman who accepts bribes in exchange for awarding towing work — the crux of the crime of which Buncich was convicted — brought disgrace on the county and the overall Region police profession.
We can expect Moody to consider that at Buncich's Tuesday sentencing hearing in Hammond federal court.
And we can be thankful, for once, that sitting elected officials don't appear to be among the letter-writing apologists.
Letters of support for Buncich -- batch 1
Marc Chase
NWI Times
January 10, 2008
Letters of support for Buncich -- batch 2
Marc Chase
NWI Times
January 10, 2008
Letters of support for Buncich -- batch 3
Marc Chase
NWI Times
January 10, 2008
Letters of support for Buncich -- batch 4
Marc Chase
NWI Times
January 10, 2018
Letters of support for Buncich -- batch 5
Marc Chase
NWI Times
January 10, 2008
Post-Tribune
January 10, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-defense-sentencing-recommendation-st-0111-20180110-story.html
Attorneys for convicted former Lake County Sheriff John Buncich rejected a federal prosecutor's argument for a 15- to 20-year sentencing, instead asking for a maximum of 4.25 years, according to court documents filed Wednesday.
Defense attorney Bryan Truitt filed a sentencing memorandum on behalf of Buncich, 72, according to court documents, and argued that the prison term proposed by assistant U.S. Attorney Philip Benson was too severe.
"The sentence requested by the government is outrageous in its length and severity," Truitt wrote.
Truitt said based on Buncich's age, a 60-month proposed sentence would represent almost half of the former sheriff's anticipated remaining life.
Truitt said Social Security actuarial tables put Buncich at a life expectancy of another 13 years, according to court documents.
"A sentence that the government argues for, based on its calculation of the guidelines, in this case would be a life sentence," Truitt wrote.
Benson, in a sentence memorandum filed Sunday, argued a higher sentence is warranted because of the nature of Buncich's offenses and raised other issues that should affect the length of a prison term.
"The damage caused by Buncich's conscience (sic) disregard and abandonment of the trust placed in him by the citizens of Lake County is severe and so should be his sentence," Benson wrote.
The U.S. attorney's office does not comment on matters pending before the court.
Truitt, in the sentencing memorandum, said the former sheriff maintains his innocence.
"Buncich recognizes and appreciates that for the purposes of sentencing the court must accept the verdicts of the jury," Truitt wrote. "At the same time, he adamantly and resolutely maintains his innocence. Buncich will speak further at sentencing, but he knows in his heart that he did not sell his office or defraud the citizens of Lake County."
A jury convicted Buncich of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony.
Buncich, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 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 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both agreed to testify against Buncich during his August trial.
"Not once did he (Buncich) ever ask for money," Truitt wrote. "Timothy Downs, acting on behalf of the campaign, sold fundraising tickets, but there is nothing illegal or unusual about that. Jurgenson and Szarmach were foisting money unto Buncich."
Buncich never sought anything from the tow operators, Truitt said in court filings, and the former sheriff was not involved in any "scheming conversations." Truitt said Buncich was doing legitimate campaign fundraising.
"Buncich is simply guilty of what every politician is guilty of," Truitt wrote.
Truitt said a 15- to 20-year sentence would be extreme and other Lake County politicians convicted on corruption charges have had more lenient prison terms.
•Jewell Harris Sr., was sentenced to six years for double billing Gary for $1.5 million.
•Former East Chicago Mayor George Pabey was sentenced to five years for taking $14,000 from the city.
•Former Calumet Township Trustee Dozier Allen was sentenced to 18 months for stealing $143,000 from the township.
•Former East Chicago Controller Edwaurdo Maldonado was sentenced to more than eight years for stealing $25 million from the city.
•Robert Cantrell was sentenced to six and one half years for stealing $68,000 from North Township, tax fraud and insurance fraud.
•Former County Clerk and Coroner Thomas Philpot was sentenced to 18 months for stealing from the county.
•Roosevelt Powell, a Gary-based consultant, was sentenced to three years and one month for $207,000 in fraud.
•Former Lake Station Mayor Keith Soderquist was sentenced to four years for theft.
Benson, in his sentencing memorandum, said Buncich posed a flight risk based on the severity of the sentence and that his law enforcement training could realistically make it easy for him to flee undetected.
Benson asked the judge to immediately remand Buncich into custody at his Jan. 16 sentencing hearing.
Buncich, through Facebook, has been in contact with Frank Kollintzas, who fled to Greece and is still wanted by federal authorities, both prior to and after the former sheriff's conviction, according to court documents.
Kollintzas, a former East Chicago city councilman, was indicted in 2003 as a part of the "sidewalks for votes" scandal. The night before his 2005 sentencing Kollintzas fled to Greece and was later sentenced in abstentia.
"Buncich is not comparable to Frank Kollintzas," Truitt said.
Kollintzas had dual citizenship with Greece, Truitt said, but Buncich only has his American citizenship. Truitt said Buncich lacks the assets to flee and his law enforcement training would not enable him to escape detection.
"It is nearly impossible to hide oneself in today's world of ATMs, EasyPasses, cellphones, GPS … etc," Truitt said.
Prosecutor seeks stiff sentence for Buncich
Request to judge asks for 15 to 20 years for former Lake sheriff
Post-Tribune (IN)
January 9, 2018
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/16951CA154C30C58?p=AWNB
Federal prosecutors are seeking a 15- to 20-year sentence for convicted former Lake County Sheriff John Buncich, saying in court documents the severity of the charges warrants a significant prison term.
Assistant U.S. Attorney Philip Benson filed a memorandum Sunday asking Judge James Moody to impose a high sentence for Buncich, and have the former sheriff taken into custody immediately following a Jan. 16 sentencing hearing.
Benson, in the memorandum, raised new allegations that Buncich attempted to use a protected intelligence database to dig up information on three men poised to testify against him and could potentially pose a flight risk.
"The damage caused by Buncich's conscience (sic) disregard and abandonment of the trust placed in him by the citizens of Lake County is severe and so should be his sentence," Benson wrote.
Bryan Truitt, one of Buncich's defense attorneys, did not respond to a request for comment.
A jury convicted Buncich, 72, of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony. Buncich's attorneys plan to appeal the conviction.
Buncich, former Lake County police Chief Timothy Downs, and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 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 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both agreed to testify against Buncich during his August trial.
"As revealed at trial, Buncich accepted bribes from Szarmach even before taking office in 2011," Benson wrote. "It is not surprising that this similar pattern of illegal conduct continued throughout Buncich's entire reign as sheriff."
"Buncich's conduct is not a single isolated incident of poor decision making, but rather a calculated abuse of power over a prolonged period of time for personal enrichment," Benson added.
The U.S. attorney's office does not comment on matters pending before the court.
Benson said Buncich presented himself as a public official who sought to fight public corruption, according to court documents, and condemned other officials who broke the law.
"Buncich's hypocrisy is overwhelming," Benson wrote. "The false image he projected the entire time he himself was violating the law is disgusting and despicable."
A presentencing report indicated that the level of the offenses Buncich committed qualified for a 12- to 15-year sentence, according to the memorandum, but Benson argued to increase the range.
"The government believes that a sentence of at least the high-end of the applicable guideline is necessary to promote respect for the law and to attempt to deter others from engaging in similar criminal conduct," Benson wrote in the memorandum. "Buncich's criminal conduct spans several years, involved other high-ranking Lake County public officials, and resulted in incredible damage and embarrassment to the Lake County Sheriff's Department and the Lake County Democratic Party."
Benson said in court documents that an immediate remand is needed because of the length of the sentence Buncich is facing; the former sheriff's access to cash assets; alleged violation of bond conditions; his training and experience as a law enforcement officer; and contact with a federal fugitive.
"Given Buncich's age, a sentence imposed at this level raises serious doubts as to Buncich's desire to appear to serve out this sentence," Benson said.
Benson said it appears that Buncich had access to large amounts of cash, according to court documents, and his law enforcement training could realistically make it easy for him to flee undetected.
Buncich, through Facebook, was in contact with Frank Kollintzas, the former East Chicago councilman who fled to Greece after being convicted in the 2003 "sidewalks for votes" scandal in 2005.
He is still wanted by federal authorities and was in contact with Buncich both before and after the former sheriff's conviction, according to court documents.
Kollintzas fled to Greece and was later sentenced in absentia.
Beyond the circumstances federal prosecutors say justify immediately remanding the former sheriff to federal custody at the sentencing hearing, Benson raised new allegations of possible criminal conduct to buttress his case.
Benson alleged the former sheriff violated the conditions of his bond by committing perjury during his August trial.
"The audacity of his incredulously false statements is only a reflection of the immense hollowness of his character," Benson wrote. "Given the preposterous nature of this claim, the jury correctly determined Buncich's guilt."
Benson said, in court documents, that the alleged perjury could justify the revocation of bond.
"Perhaps even more pertinent, Buncich's attempted use of the countywide law enforcement intelligence database against government witnesses is as repugnant as it is concerning," Benson wrote.
Buncich allegedly asked a police commander to give him access to an intelligence database in an effort to get information on Downs, Szarmach and a confidential federal source, according to court documents, but the officer rebuffed the requests.
"It is clear that this conduct, on at least two occasions, placed high-ranking lifelong police officers in the difficult position of stopping their boss from further obstruction of justice conduct," Benson added. "Additionally, this conduct caused the entire computer database to be shut down so that no law enforcement officers could access it."
Benson said Buncich's conviction is just the latest in a string of corrupt officials in Northwest Indiana.
"Buncich continues this abysmal saga of corrupt politicians in Lake County, except in this case, the damage is exponentially increased," Benson wrote. "Buncich held not only the highest political position in Lake County, Democratic Party chairman, but also the county's highest and most trusted law enforcement position, elected sheriff."
Government wants 15-plus years for former Sheriff John Buncich
NWI Times
Jan 8, 2018
http://www.nwitimes.com/news/local/government-wants--plus-years-for-former-sheriff-john-buncich/article_281d0463-8663-580b-a917-17f321447524.html
CROWN POINT — The U.S. attorney's office is asking a judge to impose what could become a life sentence on former Sheriff John Buncich next week.
Assistant U.S. Attorney Philip Benson is asking U.S. District Court Judge James Moody to impose a prison term of between 15 and 20 years on the 72-year-old veteran of Lake County Democratic politics for accepting tens of thousands of dollars in bribes from towing firms doing business with county government.
Benson is asking the judge to put Buncich in chains immediately after the sentencing hearing, now scheduled to take place Jan. 16, because "given Buncich's age, a sentence imposed at this level raises serious doubts as to Buncich's desire to appear to serve out this sentence."
Benson adds Buncich is Facebook friends with Frank Kollintzas, a former East Chicago city councilman who fled the country 13 years ago to avoid a lengthy federal prison sentence for his role in East Chicago's sidewalks corruption case. Kollintzas has been living safely in Greece, which has no extradition treaty with the United States.
Benson also reveals in a new court filing Buncich attempted to use the power of his office to locate potential government witnesses against him, but was stopped by "more virtuous and courageous members of the Lake County Sheriff's Department."
A federal grand jury indicted Buncich, Timothy Downs, the sheriff's former second-in-command at the Sheriff's Department, and William Szarmach, a Lake Station towing firm owner, in November 2016 on bribery and fraud charges.
The government alleged Szarmach and an undercover government informant, later identified as Scott Jurgensen, owner of Samson's Towing of Merrillville, paid Buncich more than $35,000 from 2014 to 2016 to secure the most lucrative towing work the Sheriff's Department provided.
Downs pleaded guilty a month later, and admitted he collected much of that money on behalf of the sheriff. Szarmach followed last July, and both testified as government witnesses against Buncich.
Benson states that shortly after Downs' guilty plea, Buncich called Dennis Matthew Eaton, one of his top five department commanders, into his office and asked Eaton to look up Downs', Jurgensen's and Szamrach's names in the department's "CP clear system."
County Police Chief William Paterson said Monday the department uses the CP clear system to locate criminal suspects through utility billings and the cellphone records as well as suspects' family, and past and present associates.
Benson said the CP clear system also contains financial and other data on members of the public.
Benson said Eaton refused to do it on grounds it would be illegal witness-tampering and warned others in the department with access to the system not to run the names, either.
Eaton had this and a second database shut down to avoid their illegal use by Buncich, despite the fact it slowed the work of legitimate investigations.
Benson argues the former sheriff also deserves a longer prison term for violating state campaign funding laws by refusing to report cash paid to his Buncich Boosters election committee and for holding himself out as a moral authority.
"Buncich's hypocrisy is overwhelming," Benson said. "The false image he projected the entire time he was himself violating the law is disgusting and despicable. Buncich not only lied to the very people who elected him sheriff, the citizens of Lake County, but also to his fellow law enforcement officers and in all likelihood, even himself."
'A calculated abuse of power': Prosecutors seek 15-20 years for ex-sheriff convicted of corruption
Post-Tribune
January 08, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-sentencing-memorandum-st-0109-20180108-story.html
Federal prosecutors are seeking a 15- to 20-year sentence for convicted former Lake County Sheriff John Buncich, saying in court documents the severity of the charges warrants a significant prison term.
Assistant U.S. Attorney Philip Benson filed a memorandum Sunday asking Judge James Moody to impose a high sentence for Buncich, and have the former sheriff taken into custody immediately following a Jan. 16 sentencing hearing.
Benson, in the memorandum, raised new allegations that Buncich attempted to use a protected intelligence database to dig up information on three men poised to testify against him and could potentially pose a flight risk.
"The damage caused by Buncich's conscience (sic) disregard and abandonment of the trust placed in him by the citizens of Lake County is severe and so should be his sentence," Benson wrote.
Bryan Truitt, one of Buncich's defense attorneys, did not respond to a request for comment.
A jury convicted Buncich, 72, of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony. Buncich's attorneys plan to appeal the conviction.
Buncich, former Lake County PoliceChief Timothy Downs, and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 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 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both agreed to testify against Buncich during his August trial.
"As revealed at trial, Buncich accepted bribes from Szarmach even before taking office in 2011," Benson wrote. "It is not surprising that this similar pattern of illegal conduct continued throughout Buncich's entire reign as sheriff."
"Buncich's conduct is not a single isolated incident of poor decision making, but rather a calculated abuse of power over a prolonged period of time for personal enrichment," Benson added.
The U.S. attorney's office does not comment on matters pending before the court.
Benson said Buncich presented himself as a public official who sought to fight public corruption, according to court documents, and condemned other officials who broke the law.
"Buncich's hypocrisy is overwhelming," Benson wrote. "The false image he projected the entire time he himself was violating the law is disgusting and despicable."
A pre-sentencing report indicated that the level of the offenses Buncich committed qualified for a 12- to 15-year sentence, according to the memorandum, but Benson argued to increase the range.
"The government believes that a sentence of at least the high-end of the applicable guideline is necessary to promote respect for the law and to attempt to deter others from engaging in similar criminal conduct," Benson wrote in the memorandum. "Buncich's criminal conduct spans several years, involved other high-ranking Lake County public officials, and resulted in incredible damage and embarrassment to the Lake County Sheriff's Department and the Lake County Democratic Party."
Benson said in court documents that an immediate remand is needed because of the length of the sentence Buncich is facing; the former sheriff's access to cash assets; alleged violation of bond conditions; his training and experience as a law enforcement officer; and contact with a federal fugitive.
"Given Buncich's age, a sentence imposed at this level raises serious doubts as to Buncich's desire to appear to serve out this sentence," Benson said.
Benson said it appears that Buncich had access to large amounts of cash, according to court documents, and his law enforcement training could realistically make it easy for him to flee undetected.
Buncich, through Facebook, was in contact with Frank Kollintzas, the former East Chicago councilman who fled to Greece after being convicted in the 2003 "sidewalks for votes" scandal in 2005. He is still wanted by federal authorities and was in contact with Buncich both before and after the former sheriff's conviction, according to court documents.
Kollintzas fled to Greece and was later sentenced in absentia.
Beyond the circumstances federal prosecutors say justify immediately remanding the former sheriff to federal custody at the sentencing hearing, Benson raised new allegations of possible criminal conduct to buttress his case.
Benson alleged the former sheriff violated the conditions of his bond by committing perjury during his August trial.
"The audacity of his incredulously false statements is only a reflection of the immense hollowness of his character," Benson wrote. "Given the preposterous nature of this claim, the jury correctly determined Buncich's guilt."
Benson said, in court documents, that the alleged perjury could justify the revocation of bond.
"Perhaps even more pertinent, Buncich's attempted use of the countywide law enforcement intelligence database against government witnesses is as repugnant as it is concerning," Benson wrote.
Buncich allegedly asked a police commander to give him access to an intelligence database in an effort to get information on Downs, Szarmach and a confidential federal source, according to court documents, but the officer rebuffed the requests.
"It is clear that this conduct, on at least two occasions, placed high-ranking lifelong police officers in the difficult position of stopping their boss from further obstruction of justice conduct," Benson added. "Additionally, this conduct caused the entire computer database to be shut down so that no law enforcement officers could access it."
Benson said Buncich's conviction is just the latest in a string of corrupt officials in Northwest Indiana.
"Buncich continues this abysmal saga of corrupt politicians in Lake County, except in this case, the damage is exponentially increased," Benson wrote. "Buncich held not only the highest political position in Lake County, Democratic Party chairman, but also the county's highest and most trusted law enforcement position, elected sheriff."
Ex-Indiana sheriff's bribery sentencing moved to January
NWI Times
Updated Dec 4, 2017
http://www.nwitimes.com/news/state-and-regional/indiana/ex-indiana-sheriff-s-bribery-sentencing-moved-to-january/article_eeedaff0-47e3-5a53-bfc0-4edfae812735.html
HAMMOND, Ind. (AP) — The sentencing of a former northwest Indiana sheriff convicted of federal bribery and wire fraud charges has been moved to mid-January.
Former Lake County Sheriff John Buncich's sentencing had been set for Wednesday on the charges stemming from an illegal car-towing scheme. But The Post-Tribune reports that a federal judge last week moved his sentencing to Jan. 16.
A federal jury convicted Buncich in August of bribery, wire fraud and honest services wire fraud. Buncich, a Democrat, was immediately removed from the elected sheriff's post in Indiana's second most-populous county. He had been elected in 2015 to his fourth term as sheriff.
Federal prosecutors told jurors that Buncich abused his elected position to solicit bribes from towing operators. He has denied all wrongdoing.
Former Sheriff John Buncich's sentencing is reset to Jan. 16
NWI Times
12032017
http://www.nwitimes.com/news/local/crime-and-courts/former-sheriff-john-buncich-s-sentencing-is-reset-to-jan/article_83a7f229-9177-58c4-a2ee-f93acd3d83d7.html
HAMMOND — A federal judge has reset the sentencing of former Lake County Sheriff John Buncich to take place Jan. 16.
U.S. District Judge James T. Moody ordered postponement of the sentence, which initially had been set to take place Wednesday, at the request of the former sheriff's defense team for more preparation time.
Bryan Truitt, one of Buncich's defense attorneys, complained last week that government prosecutors have hinted at new information they intend to use to lengthen any prison term the 71-year-old law enforcement veteran could receive for his bribery and fraud convictions.
He stated last week in a court memo he has yet to see any documents to support the government's new allegations, which haven't yet been made public.
A U.S. District Court jury found Buncich guilty Aug. 25 on six counts of wire fraud, honest services wire fraud and bribery.
The U.S. attorney's office presented evidence at Buncich's federal trial in August that Buncich solicited and accepted bribes from Scott Jurgensen, a former Merrillville police officer, towing firm owner and undercover informant for the FBI, and William "Willie" Szarmach, a Lake Station towing firm owner who was charged with Buncich, and then took a plea deal to testify against the former sheriff.
Jurgensen and Szarmach said they bribed the former sheriff to receive more lucrative towing assignments from county police. Timothy Downs, the sheriff's former second-in-command, said he sold Buncich's political fundraising tickets on public time to them and other county towing vendors, who Buncich had the power to hire and terminate.
Buncich took the witness stand over three days to deny wrongdoing, saying he never promised nor delivered favors for political donations.
Ex-Lake County, Ind., Sheriff John Buncich to be sentenced in January on bribery, wire fraud conviction
Post-Tribune
December 02, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-new-john-buncich-sentencing-date-st-1202-20171201-story.html
A federal judge on Friday set a new sentencing date for former Lake County Sheriff John Buncich, pushing the hearing to January.
On Thursday, Judge James Moody agreed to push back the sentencing, which was first set for Dec. 6, saying he'd reset the hearing for either later in December or January, according to court documents. Moody set the hearing at 9 a.m. Jan. 16.
Buncich, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 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.
A jury convicted Buncich of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony.
Federal prosecutors, during closing arguments, told jurors Buncich abused his elected position to solicit bribes from tow operators, but defense attorneys say it was the FBI that paid an informant to make a crime happen.
Downs pleaded guilty in December 2016 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 testified against Buncich during the trial.
Sentencings for Downs and Szarmach have not been set.
Bryan Truitt, one of Buncich's defense attorneys, on Wednesday filed a motion to push back the sentencing date citing that more time was needed to prepare since it appeared prosecuting attorneys raised new allegations in the pre-sentencing report and will present new witnesses.
"The government makes numerous new allegations against the defendant concerning possible arguments against a downward variance for the defendants," Truitt wrote in his motion. "The government alleges these were learned by it shortly before trial yet the defense has received no documentation ... involving the same."
Given the new information prosecutors plan to present, Truitt said the defense needed additional time to prepare its response and interview witnesses to rebut the claims, according to court documents.
Truitt said the deadline schedule for filings prior to a Dec. 6 sentencing would not allow for adequate review.
The U.S. Attorney's office does not comment on matters pending before the court.
Former Sheriff Buncich wants to push back sentencing to prepare to challenge new allegations of wrongdoing
NWI Times
Nov 29, 2017
http://www.nwitimes.com/news/local/crime-and-courts/former-sheriff-buncich-wants-to-push-back-sentencing-to-prepare/article_85a9b5f8-eb46-5070-8a96-19b99e2ad835.html
HAMMOND — Lawyers for former Lake County Sheriff John Buncich said Wednesday the government has new allegations of wrongdoing it plans to reveal at his Dec. 6 sentencing.
Valparaiso attorney Bryan M. Truitt asked U.S. District Court Judge James Moody, in a memo made public Wednesday night, to delay the proceedings "a week or two" to better prepare for such a broadside.
Truitt doesn't detail the government's new allegations, which Truitt said federal prosecutors intend to use to oppose any leniency for the 71-year-old law enforcement veteran, now facing a lengthy prison term.
A U.S. District Court jury found Buncich guilty Aug. 25 of six counts of wire fraud, honest services wire fraud and bribery.
The government presented evidence over a 14-day trial that Buncich solicited and accepted bribes from two towing firm owners — Scott Jurgensen, a former Merrillville police officer, towing firm owner and undercover informant for the FBI, and William "Willie" Szarmach, a Lake Station towing firm owner who was charged with Buncich and then took a deal to testify against the former sheriff.
It included their testimony, the testimony of the sheriff's former second-in-command, Timothy Downs, and hours of FBI video and audio recordings.
Jurgensen and Szarmach said they bribed the sheriff to receive more lucrative towing assignments from county police. Downs said he sold Buncich's political fundraising tickets on public time to them and other county towing vendors, who Buncich had the power to hire and terminate.
The sheriff took the witness stand over three days to deny wrongdoing, saying he never promised nor delivered favors for political donations.
Truitt states he only learned Nov. 14 that "the government makes numerous new allegations against the defendant ... yet the defense has received no documentation or (FBI reports)," and "the government has indicated it intends to call several witnesses at sentencing to support the allegations."
Truitt said he has received dozens of letters in support of leniency for Buncich, "despite the intimidation of the NWI Times to prevent the same."
That is a reference to an Aug. 26 column by Times columnist Marc Chase promising the paper would publish the names and positions of public officials or other community leaders "who carry water for Buncich by petitioning the court for leniency."
Neither the U.S. attorney's office nor Moody has responded to Truitt. Moody earlier declined a defense request for more time to prepare for Buncich's trial.
NWI Times
Updated Dec 4, 2017
http://www.nwitimes.com/news/state-and-regional/indiana/ex-indiana-sheriff-s-bribery-sentencing-moved-to-january/article_eeedaff0-47e3-5a53-bfc0-4edfae812735.html
HAMMOND, Ind. (AP) — The sentencing of a former northwest Indiana sheriff convicted of federal bribery and wire fraud charges has been moved to mid-January.
Former Lake County Sheriff John Buncich's sentencing had been set for Wednesday on the charges stemming from an illegal car-towing scheme. But The Post-Tribune reports that a federal judge last week moved his sentencing to Jan. 16.
A federal jury convicted Buncich in August of bribery, wire fraud and honest services wire fraud. Buncich, a Democrat, was immediately removed from the elected sheriff's post in Indiana's second most-populous county. He had been elected in 2015 to his fourth term as sheriff.
Federal prosecutors told jurors that Buncich abused his elected position to solicit bribes from towing operators. He has denied all wrongdoing.
Former Sheriff John Buncich's sentencing is reset to Jan. 16
NWI Times
12032017
http://www.nwitimes.com/news/local/crime-and-courts/former-sheriff-john-buncich-s-sentencing-is-reset-to-jan/article_83a7f229-9177-58c4-a2ee-f93acd3d83d7.html
HAMMOND — A federal judge has reset the sentencing of former Lake County Sheriff John Buncich to take place Jan. 16.
U.S. District Judge James T. Moody ordered postponement of the sentence, which initially had been set to take place Wednesday, at the request of the former sheriff's defense team for more preparation time.
Bryan Truitt, one of Buncich's defense attorneys, complained last week that government prosecutors have hinted at new information they intend to use to lengthen any prison term the 71-year-old law enforcement veteran could receive for his bribery and fraud convictions.
He stated last week in a court memo he has yet to see any documents to support the government's new allegations, which haven't yet been made public.
A U.S. District Court jury found Buncich guilty Aug. 25 on six counts of wire fraud, honest services wire fraud and bribery.
The U.S. attorney's office presented evidence at Buncich's federal trial in August that Buncich solicited and accepted bribes from Scott Jurgensen, a former Merrillville police officer, towing firm owner and undercover informant for the FBI, and William "Willie" Szarmach, a Lake Station towing firm owner who was charged with Buncich, and then took a plea deal to testify against the former sheriff.
Jurgensen and Szarmach said they bribed the former sheriff to receive more lucrative towing assignments from county police. Timothy Downs, the sheriff's former second-in-command, said he sold Buncich's political fundraising tickets on public time to them and other county towing vendors, who Buncich had the power to hire and terminate.
Buncich took the witness stand over three days to deny wrongdoing, saying he never promised nor delivered favors for political donations.
Ex-Lake County, Ind., Sheriff John Buncich to be sentenced in January on bribery, wire fraud conviction
Post-Tribune
December 02, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-new-john-buncich-sentencing-date-st-1202-20171201-story.html
A federal judge on Friday set a new sentencing date for former Lake County Sheriff John Buncich, pushing the hearing to January.
On Thursday, Judge James Moody agreed to push back the sentencing, which was first set for Dec. 6, saying he'd reset the hearing for either later in December or January, according to court documents. Moody set the hearing at 9 a.m. Jan. 16.
Buncich, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 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.
A jury convicted Buncich of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony.
Federal prosecutors, during closing arguments, told jurors Buncich abused his elected position to solicit bribes from tow operators, but defense attorneys say it was the FBI that paid an informant to make a crime happen.
Downs pleaded guilty in December 2016 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 testified against Buncich during the trial.
Sentencings for Downs and Szarmach have not been set.
Bryan Truitt, one of Buncich's defense attorneys, on Wednesday filed a motion to push back the sentencing date citing that more time was needed to prepare since it appeared prosecuting attorneys raised new allegations in the pre-sentencing report and will present new witnesses.
"The government makes numerous new allegations against the defendant concerning possible arguments against a downward variance for the defendants," Truitt wrote in his motion. "The government alleges these were learned by it shortly before trial yet the defense has received no documentation ... involving the same."
Given the new information prosecutors plan to present, Truitt said the defense needed additional time to prepare its response and interview witnesses to rebut the claims, according to court documents.
Truitt said the deadline schedule for filings prior to a Dec. 6 sentencing would not allow for adequate review.
The U.S. Attorney's office does not comment on matters pending before the court.
Federal judge grants former Sheriff John Buncich's lawyers more time to prepare for his sentencing
NWI Times
Updated Dec 1, 2017
http://www.nwitimes.com/news/local/crime-and-courts/federal-judge-grants-former-sheriff-john-buncich-s-lawyers-more/article_9afd1a64-f750-5332-808f-1b45177124e1.html
HAMMOND — A federal judge is postponing next week's sentencing of former Sheriff John Buncich, giving his legal team a chance to better prepare for new allegations of his wrongdoing.
U.S. District Judge James T. Moody issued an order Thursday afternoon granting an urgent request for more time by Valparaiso attorney Bryan Truitt.
Truitt complained Wednesday he was being blindsided by government prosecutors who have hinted at new information they intend to use to lengthen any prison term the 71-year-old law enforcement veteran could receive for his bribery and fraud convictions.
Truitt hasn't described what the new allegations are, but stated he first learned of them Nov. 14 in a government document that hasn't been made public. He states the government has yet to document the allegations or say which witnesses prosecutors will call at sentencing.
A U.S. District Court jury found Buncich guilty Aug. 25 on six counts of wire fraud, honest services wire fraud and bribery.
Moody didn't pick a new sentencing date Thursday, but said it would fall some time between late December and the third week in January. He said he would look with disfavor on any future requests for delay.
Truitt responded Thursday afternoon, "John Buncich is happy that he will get to present his entire body of life’s work and the specific details of his actions for the judge’s consideration. And he respects that the government gets to do the same, and each gets to respond."
When Buncich does face sentencing he will not do so alone.
Truitt said Thursday he will present the court with dozens of letters written in support of Buncich, whose law enforcement and political career stretches back 46 years.
Controversy has swirled around the letters and their writers.
Truitt said he was still receiving new testimonials for Buncich "despite the intimidation of the NWI Times," a reference to an Aug. 26 column by The Times' Marc Chase, who promised to publish the names and positions of public officials or other community leaders "who carry water for Buncich by petitioning the court for leniency."
Truitt and Merrillville attorneys Geoffrey Giorgi and Adam Sedia have criticized Chase's stand on social media and in a recent publication of TheIndianaLawyer.com.
Sedia, president of the Lake County Bar Association, has issued a public statement that, "It is the height of hypocrisy for a news outlet to discourage individual citizens from exercising their rights to make their voices heard for fear of being publicly shamed ...
"The proper role of the media in judicial proceedings is to report and opine on them, not to attempt to influence their outcome," Sedia said.
Chase told TheIndianaLawyer.com such letters only reinforce the culture of acceptance of public corruption in Northwest Indiana.
At Buncich's federal trial in August, the government presented evidence Buncich solicited and accepted bribes from Scott Jurgensen, a former Merrillville police officer, towing firm owner and undercover informant for the FBI, and William "Willie" Szarmach, a Lake Station towing firm owner who was charged with Buncich, and then took a plea deal to testify against the former sheriff.
Jurgensen and Szarmach said they bribed the sheriff to receive more lucrative towing assignments from county police. Timothy Downs, the sheriff's former second-in-command, said he sold Buncich's political fundraising tickets on public time to them and other county towing vendors, who Buncich had the power to hire and terminate.
The sheriff took the witness stand over three days to deny wrongdoing, saying he never promised nor delivered favors for political donations.
NWI Times
Updated Dec 1, 2017
http://www.nwitimes.com/news/local/crime-and-courts/federal-judge-grants-former-sheriff-john-buncich-s-lawyers-more/article_9afd1a64-f750-5332-808f-1b45177124e1.html
HAMMOND — A federal judge is postponing next week's sentencing of former Sheriff John Buncich, giving his legal team a chance to better prepare for new allegations of his wrongdoing.
U.S. District Judge James T. Moody issued an order Thursday afternoon granting an urgent request for more time by Valparaiso attorney Bryan Truitt.
Truitt complained Wednesday he was being blindsided by government prosecutors who have hinted at new information they intend to use to lengthen any prison term the 71-year-old law enforcement veteran could receive for his bribery and fraud convictions.
Truitt hasn't described what the new allegations are, but stated he first learned of them Nov. 14 in a government document that hasn't been made public. He states the government has yet to document the allegations or say which witnesses prosecutors will call at sentencing.
A U.S. District Court jury found Buncich guilty Aug. 25 on six counts of wire fraud, honest services wire fraud and bribery.
Moody didn't pick a new sentencing date Thursday, but said it would fall some time between late December and the third week in January. He said he would look with disfavor on any future requests for delay.
Truitt responded Thursday afternoon, "John Buncich is happy that he will get to present his entire body of life’s work and the specific details of his actions for the judge’s consideration. And he respects that the government gets to do the same, and each gets to respond."
When Buncich does face sentencing he will not do so alone.
Truitt said Thursday he will present the court with dozens of letters written in support of Buncich, whose law enforcement and political career stretches back 46 years.
Controversy has swirled around the letters and their writers.
Truitt said he was still receiving new testimonials for Buncich "despite the intimidation of the NWI Times," a reference to an Aug. 26 column by The Times' Marc Chase, who promised to publish the names and positions of public officials or other community leaders "who carry water for Buncich by petitioning the court for leniency."
Truitt and Merrillville attorneys Geoffrey Giorgi and Adam Sedia have criticized Chase's stand on social media and in a recent publication of TheIndianaLawyer.com.
Sedia, president of the Lake County Bar Association, has issued a public statement that, "It is the height of hypocrisy for a news outlet to discourage individual citizens from exercising their rights to make their voices heard for fear of being publicly shamed ...
"The proper role of the media in judicial proceedings is to report and opine on them, not to attempt to influence their outcome," Sedia said.
Chase told TheIndianaLawyer.com such letters only reinforce the culture of acceptance of public corruption in Northwest Indiana.
At Buncich's federal trial in August, the government presented evidence Buncich solicited and accepted bribes from Scott Jurgensen, a former Merrillville police officer, towing firm owner and undercover informant for the FBI, and William "Willie" Szarmach, a Lake Station towing firm owner who was charged with Buncich, and then took a plea deal to testify against the former sheriff.
Jurgensen and Szarmach said they bribed the sheriff to receive more lucrative towing assignments from county police. Timothy Downs, the sheriff's former second-in-command, said he sold Buncich's political fundraising tickets on public time to them and other county towing vendors, who Buncich had the power to hire and terminate.
The sheriff took the witness stand over three days to deny wrongdoing, saying he never promised nor delivered favors for political donations.
Former Sheriff Buncich wants to push back sentencing to prepare to challenge new allegations of wrongdoing
NWI Times
Nov 29, 2017
http://www.nwitimes.com/news/local/crime-and-courts/former-sheriff-buncich-wants-to-push-back-sentencing-to-prepare/article_85a9b5f8-eb46-5070-8a96-19b99e2ad835.html
HAMMOND — Lawyers for former Lake County Sheriff John Buncich said Wednesday the government has new allegations of wrongdoing it plans to reveal at his Dec. 6 sentencing.
Valparaiso attorney Bryan M. Truitt asked U.S. District Court Judge James Moody, in a memo made public Wednesday night, to delay the proceedings "a week or two" to better prepare for such a broadside.
Truitt doesn't detail the government's new allegations, which Truitt said federal prosecutors intend to use to oppose any leniency for the 71-year-old law enforcement veteran, now facing a lengthy prison term.
A U.S. District Court jury found Buncich guilty Aug. 25 of six counts of wire fraud, honest services wire fraud and bribery.
The government presented evidence over a 14-day trial that Buncich solicited and accepted bribes from two towing firm owners — Scott Jurgensen, a former Merrillville police officer, towing firm owner and undercover informant for the FBI, and William "Willie" Szarmach, a Lake Station towing firm owner who was charged with Buncich and then took a deal to testify against the former sheriff.
It included their testimony, the testimony of the sheriff's former second-in-command, Timothy Downs, and hours of FBI video and audio recordings.
Jurgensen and Szarmach said they bribed the sheriff to receive more lucrative towing assignments from county police. Downs said he sold Buncich's political fundraising tickets on public time to them and other county towing vendors, who Buncich had the power to hire and terminate.
The sheriff took the witness stand over three days to deny wrongdoing, saying he never promised nor delivered favors for political donations.
Truitt states he only learned Nov. 14 that "the government makes numerous new allegations against the defendant ... yet the defense has received no documentation or (FBI reports)," and "the government has indicated it intends to call several witnesses at sentencing to support the allegations."
Truitt said he has received dozens of letters in support of leniency for Buncich, "despite the intimidation of the NWI Times to prevent the same."
That is a reference to an Aug. 26 column by Times columnist Marc Chase promising the paper would publish the names and positions of public officials or other community leaders "who carry water for Buncich by petitioning the court for leniency."
Neither the U.S. attorney's office nor Moody has responded to Truitt. Moody earlier declined a defense request for more time to prepare for Buncich's trial.
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