12312019 - News Article - Prosecutors say Portage tow operator tied to former Mayor James Snyder’s public corruption conviction should serve home detention

Prosecutors say Portage tow operator tied to former Mayor James Snyder’s public corruption conviction should serve home detention
Chicago Tribune
December 31, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-portage-cortina-sentencing-st-0101-20191231-wcwpddrnjra5zktcdbggtvredq-story.html

Federal prosecutors are recommending John Cortina, the towing operator who pleaded guilty to a bribery charge over a towing contract with former Portage Mayor James Snyder, serve probation and eight months on home detention for his role in the scheme, according to court documents.

The sentencing recommendation, filed Dec. 26 in U.S. District Court in Hammond, is a downward departure from sentencing guidelines for the crime because of Cortina’s acceptance of responsibility and cooperation with authorities.

In November 2016, Cortina, 80, and Snyder were indicted on bribery charges related to a $12,000 payment Cortina told authorities he and “Individual A” made to Snyder to get on the city’s towing list.

Cortina, according to court documents, pleaded guilty to one of the three charges against him in January 2019, for paying a bribe to a public official. Cortina, of Kustom Auto Body in Portage, agreed to cooperate with the U. S. Attorney’s Office in exchange for the plea agreement.

Cortina, according to court documents, gave Snyder two cashier checks at the former mayor’s direction, one payable to “Citizens for Snyder” for $10,000, and another for $2,000 made out to “Round Table for Snyder” to secure a spot on the city’s list of towing companies. Snyder’s defense attorneys have argued that the funds, which Cortina gave to Snyder in January 2016, were a campaign loan.

The sentencing memorandum, filed by Assistant U.S. Attorney Philip Benson, notes that Cortina agreed to testify if called as a witness at Snyder’s trial but because the government was able to introduce other evidence, it wasn’t necessary to call Cortina as a witness.

“Although not needed at trial, the proffer information provided by Cortina was useful in determining how specific writing on the cashier’s checks came to be present and that in fact, the $12,000 total payment was a bribe,” the document notes.

Evidence presented at trial included a recorded conversation between Cortina and Snyder in which Cortina said, “Christmas is here” and “I got Christmas” before Cortina gave Snyder the cashier checks.

The sentencing range for the charge against Cortina would be 18 to 24 months but the government is requesting a downward departure to a sentence of eight to 14 months. In the sentencing memorandum, the government recommends a sentence of probation with a condition of that probation being that Cortina serve eight months of home detention.

Cortina is scheduled to be sentenced sometime in January.

Snyder was found guilty in February on charges of bribery, involving the purchase of garbage trucks, and defrauding the IRS. A jury acquitted him of the charge involving Cortina.

A federal judge has granted a new trial on the bribery charge involving the garbage trucks. Prosecutors have until later in January to decide how to proceed.

12262019 - News Article - Felon ex-mayor to make old argument with new judge

Felon ex-mayor to make old argument with new judge
KPCnews.com
December 26, 2019
https://www.kpcnews.com/news/state/article_b3aeef1a-037a-576e-b8db-5fed6cefb740.html

HAMMOND — Defense lawyers seeking to clear former Portage Mayor James E. Snyder of public corruption charges are replaying some old arguments for a new federal judge.

Snyder’s legal team is asking Chief U.S. District Court Judge Theresa L. Springmann to dismiss a tax evasion conviction and the remaining bribery count still against him.

They do so less than three weeks after U.S. District Court Judge Joseph Van Bokkelen instructed them not to demand judicial reconsideration of his recent decision to uphold Snyder’s guilty verdict on a felony tax evasion conviction and granting a new trial on a count of felony bribery.

But Van Bokkelen, based in Hammond federal court, isn’t the judge of the case anymore. He left, with little explanation three weeks ago, and Springmann had to take it over.

Snyder’s lawyers are greeting the new judge with arguments they previously made to Van Bokkelen — that the charges against Snyder must be dismissed because they are tainted by prosecutors' miscues and misconduct.

The government has yet to respond, and the judge has yet to rule in favor or against the defense motions.

Federal prosecutors first charged Snyder in November 2016 with two bribery counts and one tax evasion count.

A jury heard the case against Snyder over 19 days earlier this year.

Jurors acquitted Snyder of one bribery count alleging he corruptly arranged for the city of Portage to award public vendor contracts for towing services.

Jurors found Snyder guilty Feb. 14 of the other bribery count, that he corruptly arranged for Portage to award garbage truck purchases. The jury also convicted Snyder of obstructing the Internal Revenue Service’s collection of income taxes by falsifying documents to conceal from the IRS the true financial status of his private business ventures.

Those two verdicts removed Snyder from public office.

His defense team pressed Van Bokkelen over the course of the next nine months to either acquit or grant a new trial.

The defense argued there was insufficient evidence to support the guilty verdicts and that misconduct by federal prosecutors denied Snyder a fair trial.

Van Bokkelen ruled Nov. 27 that Snyder deserves a new trial on the garbage truck bribery count.

The judge stopped short of condemning prosecutors for misconduct. But Van Bokkelen did conclude “gamesmanship” by the prosecution prevented the jury from hearing testimony from the former owners of the truck dealership, who paid Snyder $13,000.

Snyder’s defense team argues Steve and Bob Buha, owners of Great Lakes Peterbilt, would have convinced a jury, if they testified, that they didn’t pay Snyder a bribe, but rather for legitimate consulting services he had earned in working for Great Lakes.

They now argue to the new judge the prosecutorial irregularities cannot be cured by a new trial, so the bribery count must be dismissed, making a new trial unnecessary.

Federal prosecutors may choose to dismiss the bribery count on their own. They have asked for time to review that bribery count before deciding whether to proceed on it with a new jury.

Although Van Bokkelen upheld the tax count, Snyder’s lawyers argue the violations they allege against Snyder are so old, the government waited too long to bring their case to court.

Snyder’s defense lawyers made a similar argument about Snyder’s alleged tax violations being too stale last year.

Van Bokkelen ruled against them last January, stating the tax count alleges more recent violations, so federal prosecutors were still within their deadline to charge Snyder.

However, Snyder’s team now argues federal prosecutors still have a deadline problem on the tax case because the evidence at Snyder’s trial didn’t prove Snyder committed any tax violations within the last six years.

12212019 - News Article - Former Portage mayor could learn jury trial fate early next year

Former Portage mayor could learn jury trial fate early next year
NWI Times
Dec 21, 2019
https://www.nwitimes.com/news/local/crime-and-courts/former-portage-mayor-could-learn-jury-trial-fate-early-next/article_907cc546-236d-55f6-b11b-8a7a5d7f7bc5.html

HAMMOND — Former Portage Mayor James Snyder may learn before next Valentine’s Day if he faces a second jury trial on a bribery charge.

Federal court records indicate federal prosecutors told a judge they must weigh their options before deciding whether to proceed further with allegations Snyder corruptly solicited a $13,000 bribe in 2014 from a Portage truck dealership.

If they decide to drop that charge, it would be vindication for Snyder who has maintained since his indictment three years ago he didn’t sell out his office.

Snyder still would have to appeal a second guilty verdict of tax evasion stemming allegations he cheated the Internal Revenue Service by hiding income from his private mortgage business.

He could face a prison sentence of more than two years in prison on that count.

However, Snyder was able to celebrate Thanksgiving with a win against federal prosecutors.

U.S. District Court Judge Joseph S. Van Bokkelen granted Snyder a new trial Nov. 27, overturned a conviction based on allegations Snyder corruptly steered a garbage truck contract to the former owners of Great Lakes Peterbilt of Portage.

A federal jury reached that verdict Valentine’s Day this year.

Had the judge upheld the bribery verdict, Snyder would be preparing for a longer sentence.

Instead, federal prosecutors now must weigh their chances of winning a new conviction before a new jury trial in the light of evidentiary problems exposed by Snyder’s vigorous defense.

Court records indicate Assistant U.S. Attorneys Philip Benson and Jill Koster conferred by telephone Friday with Snyder’s legal team and the judge. The prosecutors asked the court to give them 45 days to review the transcripts of Snyder’s 19-day before deciding on how to proceed with the case.

Snyder’s legal team agreed to the continuance and won’t push for a speedy trial, which is Snyder’s right.

Approximately six years ago, federal investigators began looking into public contracts awarded under the administration of Snyder, a Republican businessman, served as mayor of Portage, the third largest city in Northwest Indiana from 2011 until his conviction removed him from office.

Federal prosecutors allege solicited a $13,000 bribe from Steve and Bob Buha, the former owners of Great Lakes Peterbilt of Portage in return for giving his approval to a $1.125 million contract to the Buhas to provide the city with garbage trucks.

The judge stated in his 17-page ruling there were several irregularities practiced by federal prosecutors.

He said the government tried to prove bribery against Snyder without the testimony from the Buhas, the central players in the alleged bribery scheme.

Federal prosecutors refused to call the brothers to the witness stand at trial. Assistant U.S. Attorney Koster told the judge she believed the brothers might give the jury false or conflicting testimony about their motive in giving Snyder $13,000.

The brothers then refused to testify as defense witnesses, on Snyder’s behalf either.

Snyder’s legal team said they were unable to call the Buhas as defense witnesses because federal prosecutors refused to grant the brother immunity from future prosecution if they took the witness stand.

The government had given the brother immunity earlier to testify before a grand jury investigating the bribery allegations three years ago.

Faced with the threat of future prosecution, the brothers exercised their Fifth Amendment right to remain silent.

Snyder didn’t take the witness stand either.

Judge Van Bokkelen, who served many years as a former U.S. Attorney and worked in private practice as a defense attorney, said in his ruling he couldn’t recall a case that was tried without the testimony of the giver or the receiver of the bribe or the testimony of some other direct witness of the bribery.

The judge said federal prosecutors presented too much of the government’s case against Snyder through testimony by an FBI agent who investigated the case, rather than witnesses with first-hand knowledge of the disputed acts by Snyder and others.

This tactic denied Snyder’s defense attorneys a meaningful chance to question the validity of government allegations since the agent was only reciting the comments of others who weren’t testifying under oath.

12162019 - News Article - New judge takes over Snyder public corruption case

New judge takes over Snyder public corruption case
NWI Times
December 16, 2019
https://www.nwitimes.com/news/local/crime-and-courts/new-judge-takes-over-snyder-public-corruption-case/article_589eaa68-1dcf-575b-ab83-81ce9c675044.html

HAMMOND — If former Portage Mayor James Snyder has to face a new trial on a federal bribery count, it will be before a different federal judge.

U.S. District Court Judge Joseph S. Van Bokkelen recently announced he will no longer preside over the Snyder public corruption case, after three years on the job.

Chief U.S. District Court Judge Theresa L. Springmann is taking over the matter.

Van Bokkelen gave no reason in his recusal order for removing himself from future proceedings in the Snyder case other than “for the reason of efficient administration of the docket.” It remains unclear whether there will be a new trial.

Van Bokkelen ruled late last month that Snyder deserved a new trial over allegations Snyder corruptly solicited a $13,000 bribe in 2014 from a Portage truck dealership to assure the dealership won the city of Portage’s purchase of garbage trucks.

The judge last week gave prosecutors 45 days to decide whether or not they want to proceed on the bribery count before a new jury.

Van Bokkelen had presided over the case since the U.S. attorney’s office first charged Snyder in November 2016 with bribery and tax evasion.

Snyder’s 19-day trial ended on Feb. 14 this year with a federal jury acquitting Snyder of allegations he corruptly awarded towing contracts, but found him guilty of bribery in the garbage truck contract.

The jury also convicted Snyder of obstructing the Internal Revenue Service by refusing to timely pay taxes due from his private mortgage business.

Those two convictions removed Snyder from public office, but his defense team pressed Van Bokkelen over the course of the next nine months to either acquit or grant a new trial.

The defense argued there was insufficient evidence to support the guilty verdicts and that misconduct by federal prosecutors denied Snyder a fair trial.

Van Bokkelen ruled Nov. 27 that Snyder deserves a new trial on the garbage truck bribery count.

The judge stopped short of condemning prosecutors of misconduct, but he did conclude “gamesmanship” by the prosecution prevented the jury from hearing testimony from the former owners of the truck dealership, who paid Snyder the $13,000.

Snyder’s defense team argues Steve and Bob Buha, owners of Great Lakes Peterbilt, would convince a jury they paid Snyder for legitimate consulting services and that the money wasn’t a bribe.

Van Bokkelen upheld the tax evasion count.

Although Snyder eventually paid his taxes, Van Bokkelen concluded in his Nov. 27 ruling that prosecutors proved Snyder created false documents to conceal from the IRS the true financial status of his private business ventures.

12092019 - News Article - Prosecutors have 45 days to move forward in new trial for former Portage Mayor James Snyde

Prosecutors have 45 days to move forward in new trial for former Portage Mayor James Snyder
Chicago Tribune
December 09, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-snyder-case-govt-45-days-st-1210-20191209-kjebsuk7tze3baxkxxdhhpwflu-story.html

Prosecutors have a month and a half to determine how to move forward after a judge granted a new trial on one of the counts against former Portage Mayor James Snyder, who was found guilty of bribery and obstructing the IRS in February.

On Nov. 27, U.S. District Court Judge Joseph Van Bokkelen denied Snyder’s motion for acquittal to both charges of the purchase of garbage trucks and corruptly interfering with the administration of the Internal Revenue laws, according to the court order.

Van Bokkelen denied a motion for a new trial for the corruptly interfering with the administration of the Internal Revenue laws charge, but he granted the motion for a new trial on the purchase of garbage trucks charge, according to the order.

Following the ruling, Snyder’s sentencing dates of Dec. 6 and Dec. 17 were vacated. A new sentencing date has not yet been set.

In a teleconference on Dec. 6, Van Bokkelen granted a motion from prosecutors “for a 45 day continuance” on the purchase of garbage trucks count to “review the transcripts” to decide how to move forward, according to court records.

Snyder, 41, was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city and using a shell company to hide income assets from the IRS while owning back personal and business taxes. The jury acquitted Snyder of a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

Snyder has agreed to forfeit $13,000 to the federal government, documents said.

The U.S. Attorney’s Office for the Northern District of Illinois, which oversaw the prosecution, said that Snyder could face up to 10 years in prison on the bribery charge, and up to three years in prison on the obstruction charge.

The U.S. Attorney’s Office for the Northern District of Indiana was recused from the case, absent two prosecutors, as U.S. Attorney Thomas Kirsch II previously represented Snyder.

Snyder, a Republican, was indicted in November 2016 and charged with allegedly violating a federal bribery statute and obstruction or impeding the IRS.

Prosecutors said that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbuilt, which was then owned by Robert and Stephen Buha.

Defense attorneys say that Snyder used his experience in offering health insurance to city employees through the Affordable Care Act, and making technology upgrades to advice Great Lakes Peterbilt about making similar changes.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

In September, Snyder’s sentencing date had been pushed back a second time from Sept. 24 to two days in December “to allow time to rule on the pending post-trial motions,” according to court records.

Federal prosecutors said Snyder allegedly solicited money from co-defendant John Cortina, of Kustom Auto Body in Portage, and “Individual A” and gave them a towing contract for Portage.

Cortina, 80, in January pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina did not testify during the trial, invoking his Fifth Amendment right to not incriminate himself, according to court documents.

Snyder has maintained his innocence during the more than two years since he was indicted.

Following Snyder’s sentencing delay, Cortina, who was indicted alongside the mayor, requested his sentencing be reset to Jan. 9.

11292019 - News Article - Former mayor getting new trial in 1 of 2 counts

Former mayor getting new trial in 1 of 2 counts
Dubois County Herald
November 29, 2019
https://duboiscountyherald.com/b/former-mayor-getting-new-trial-in-1-of-2-counts

HAMMOND — A federal judge has denied a motion for acquittal by a former northwestern Indiana mayor who was convicted by a jury in February of bribery and tax obstruction but he granted a new trial on one of the counts.

The ruling is a partial victory for former Portage Mayor James Snyder, who argued that he should be acquitted because of prosecutorial conduct and insufficient evidence. Snyder didn’t get the acquittals but the (Northwest Indiana ) Post-Tribune reports that U.S. District Judge Joseph Van Bokkelen granted him a new trial on the charge that he accepted a $13,000 bribe in exchange for contracts to sell garbage trucks to the city.

The judge let stand the conviction on the charge that he hid income and assets from the Internal Revenue Service.

11272019 - News Article - Former Portage Mayor Snyder to get new trial on bribery charge

Former Portage Mayor Snyder to get new trial on bribery charge
NWI Times
November 27, 2019
https://www.nwitimes.com/news/local/crime-and-courts/former-portage-mayor-snyder-to-get-new-trial-on-bribery/article_6f134dd7-7942-59ab-9b21-0fa1e99c5629.html

HAMMOND — Former Portage Mayor James E. Snyder has won a new trial on a bribery charge.

U.S. District Court Judge Joseph S. Van Bokkelen ruled Wednesday afternoon there were enough irregularities in the government’s prosecution to warrant a new trial by a new jury on whether Snyder solicited a bribe from former owners of a Portage truck sales firm.

Snyder, a Republican businessman, served as mayor of Portage from 2011 until his conviction Feb. 14 by a federal jury on felony counts of bribery solicitation and tax evasion following a 19-day trial.

The judge’s ruling Wednesday means the bribery conviction is now null and void.

The judge did rule in favor of federal prosecutors and denied defense requests to either acquit Snyder or grant Snyder a new trial on the tax evasion charge.

The split decision represents a victory for Snyder and his legal team, led by Indianapolis attorney Jackie M. Bennett Jr. and a rare loss for federal prosecutors.

Bennett staked Snyder’s defense following the guilty verdicts on accusations of prosecutorial misconduct and a prosecutorial failure to submit sufficient evidence to convict Snyder of wrongdoing.

Had Wednesday’s ruling had completely gone against the former mayor, Snyder could have faced years in prison.

The judge has canceled Snyder’s sentencing for now and has yet to schedule a date for a new trial.

Neither Snyder, his defense attorneys nor a spokesman for the U.S. attorney’s office in Chicago handling the federal prosecution could be reached for comment.

As the case stands, federal prosecutors must now prove to a new jury he solicited a $13,000 bribe in 2014 from the former owners of Great Lakes Peterbilt of Portage in return for steering a $1.125 million contract to firm's owners to provide the city with garbage trucks.

Snyder is pleading not guilty to the charge.

The judge stated in his 17-page ruling Wednesday the Feb. 14 bribery verdict against Snyder had to be overturned because of several irregularities practiced by federal prosecutors.

He said the government tried to prove bribery against Snyder without the testimony of the central players — Steve and Bob Buha, former owners of Great Lakes Peterbilt, who made the $13,000 payment to Snyder five years ago.

Federal prosecutors refused to call the brothers to the witness stand at trial.

Assistant U.S. Attorney Jill R. Koster told the judge she believed the brothers might give the jury false or conflicting testimony about their motive in giving Snyder $13,000.

The brothers then refused to testify as defense witnesses, on Snyder’s behalf, either.

Snyder’s legal team said they were unable to call the Buhas as defense witnesses because federal prosecutors refused to grant the brothers immunity from future prosecution.

The government had given the brothers immunity earlier to testify before a grand jury investigating the bribery allegations three years ago.

Faced with the threat of future prosecution, the brothers exercised their Fifth Amendment right to remain silent.

Snyder didn’t take the witness stand either.

Van Bokkelen stated in a footnote of his ruling, “From years of experience on every side of litigation, (Van Bokkelen) cannot recall a case that was tried without the testimony of the giver or the receiver of the bribe or the testimony of some other direct witness of the bribery."

The judge also criticized federal prosecutors for alleging the corrupt award of reconstruction work of Willowcreek Road, a major traffic thoroughfare in Portage and then failing to present any evidence to support that allegation.

The judge said the government failure to go forward on the Willowcreek road construction allegation unfairly caused Snyder’s lawyers to waste time preparing to defend against allegations the jury never heard.

The judge said another irregularity involved federal prosecutors presenting evidence at trial they hadn’t previously disclosed to Snyder’s attorneys.

The judge said the effect was to unfairly deny Snyder’s lawyers the chance to better prepare against the surprise evidence.

The judge said federal prosecutors presented too much of the government’s case against Snyder through testimony by an FBI agent who investigated the case, rather than witnesses with first-hand knowledge of the disputed acts by Snyder and others.

This tactic denied Snyder’s defense attorneys a meaningful chance to question the validity of government allegations. Defense efforts to interrogate the FBI agent were stymied by federal prosecutors objections.

The judge did find the government met its burden to prove Snyder obstructed the U.S. Internal Revenue Service efforts to collect taxes from a private mortgage firm Snyder managed, beginning in 2010.

11272019 - News Article - Judge denies acquittal for former Portage Mayor James

Judge denies acquittal for former Portage Mayor James
Chicago Tribune
November 27, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-snyder-order-st-1128-20191127-dniixcjzpbgb7jnomkbk3yfueu-story.html

A federal judge denied former Portage Mayor James Snyder, who was found guilty of bribery and obstructing the IRS, a motion for acquittal on two counts on Wednesday, but granted a new trial on one of the counts.

U.S. District Court Judge Joseph Van Bokkelen denied Snyder’s motion for acquittal to both charges of the purchase of garbage trucks and corruptly interfering with the administration of the Internal Revenue laws, according to the court order.

Van Bokkelen denied a motion for a new trial for the corruptly interfering with the administration of the Internal Revenue laws charge, but he granted the motion for a new trial on the purchase of garbage trucks charge, according to the order.

With the most recent ruling, Snyder’s sentencing dates of Dec. 6 and Dec. 17 were vacated. A new sentencing date has not yet been set.

In February, Snyder, 41, was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city and using a shell company to hide income and assets from the IRS while owing back personal and business taxes. The jury acquitted Snyder of a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

Snyder has agreed to forfeit $13,000 to the federal government, documents said.

The U.S. Attorney’s Office for the Northern District of Illinois, which oversaw the prosecution, said that Snyder could face up to 10 years in prison on the bribery charge, and up to three years in prison on the obstruction charge.

The U.S. Attorney’s Office for the Northern District of Indiana was recused from the case, absent two prosecutors, as U.S. Attorney Thomas Kirsch II previously represented Snyder.

Snyder, a Republican, was indicted in November 2016 and charged with allegedly violating a federal bribery statute and obstruction or impeding the IRS.

Prosecutors said that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt, which was then owned by Robert and Stephen Buha.

Defense attorneys say that Snyder used his experience in offering health insurance to city employees through the Affordable Care Act, and making technology upgrades to advice Great Lakes Peterbilt about making similar changes.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

In September, Snyder’s sentencing date had been pushed back a second time from Sept. 24 to two days in December “to allow time to rule on the pending post-trial motions,” according to court records.

Federal prosecutors said Snyder allegedly solicited money from co-defendant John Cortina, of Kustom Auto Body in Portage, and “Individual A” and gave them a towing contract for Portage.

Cortina, 80, in January pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina did not testify during the trial, invoking his Fifth Amendment right to not incriminate himself, according to court documents.

Snyder has maintained his innocence during the more than two years since he was indicted.

Following Snyder’s sentencing delay, Cortina, who was indicted alongside the mayor, requested his sentencing be reset to Jan. 10.

11222019 - News Article - Prosecutors: Former Portage Mayor James Snyder, found guilty of bribery, should spend 46 months in prison

Prosecutors: Former Portage Mayor James Snyder, found guilty of bribery, should spend 46 months in prison
Chicago Tribune
November 22, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-snyder-sentencing-memorandum-st-1123-20191122-y4m2tv2uvnd7hlus4zhhtd4osm-story.html

Prosecutors recommend former Portage Mayor James Snyder, who was found guilty of bribery and obstructing the IRS, spend just under 4 years behind bars, according to a federal sentencing memorandum.

In total, prosecutors believe a sentence of 46 months in prison followed by one year of supervised release “is fair and reasonable based on the nature and seriousness of Snyder’s offense conduct,” according to the sentencing the sentencing memorandum, filed Nov. 20.

In response, Jackie Bennett Jr., Snyder’s attorney, filed a motion to strike the sentencing memorandum arguing that the prosecutors filed the sentencing memorandum too late. The sentencing memorandum is due 14 days before the hearing and no later than 21 days before the hearing, Bennett said.

Snyder’s sentencing hearing is scheduled to start Dec. 6, a day to present final evidence and additional arguments regarding objections to the pre-sentence report, according to court records. On Dec. 17, the court will issue a ruling and sentence, according to court records.

“The government did not file its mandatory filing on November 15 (21 days before Dec. 6). Instead they filed it late, on Nov. 20, leaving Mr. Snyder with two days to file his response in compliance with the dates ordered by the court,” according to Bennett’s response.

Bennett requested that the prosecutor’s sentencing memo “should be struck” and for guidance from the court “regarding when he should file a sentencing memorandum," according the response.

Prosecutors argued that three weeks prior to Dec. 17, Snyder’s sentencing, is Nov. 26, and they planned to file the sentencing memorandum that day.

“However, earlier today defense counsel contacted the government claiming its memorandum was overdue and should have been filed on Nov. 15,” according to the sentencing memorandum. “Although the government disagrees with defense counsel ... it nonetheless agreed to file its sentencing memorandum (Nov. 20).”

In February, Snyder, 41, was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city and using a shell company to hide income and assets from the IRS while owing back personal and business taxes. The jury acquitted Snyder of a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

Snyder has agreed to forfeit $13,000 to the federal government, documents said.

The U.S. Attorney’s Office for the Northern District of Illinois, which oversaw the prosecution, said that Snyder could face up to 10 years in prison on the bribery charge, and up to three years in prison on the obstruction charge.

The U.S. Attorney’s Office for the Northern District of Indiana was recused from the case, absent two prosecutors, as U.S. Attorney Thomas Kirsch II previously represented Snyder.

Snyder, a Republican, was indicted in November 2016 and charged with allegedly violating a federal bribery statute and obstruction or impeding the IRS.

Prosecutors said that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt, which was then owned by Robert and Stephen Buha.

Defense attorneys say that Snyder used his experience in offering health insurance to city employees through the Affordable Care Act, and making technology upgrades to advice Great Lakes Peterbilt about making similar changes.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

In September, Snyder’s sentencing date had been pushed back a second time from Sept. 24 to two days in December “to allow time to rule on the pending post-trial motions,” according to court records.

On Dec. 6, the court will give the parties an opportunity to present evidence and any additional arguments regarding their objections to the pre-sentence report and sentencing factors, according to a court order.

On Dec. 17, the court will issue a ruling regarding the objections to the pre-sentence report and will announce Snyder’s sentence, according to the court order.

Federal prosecutors said Snyder allegedly solicited money from co-defendant John Cortina, of Kustom Auto Body in Portage, and “Individual A” and gave them a towing contract for Portage.

Cortina, 80, in January pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina did not testify during the trial, invoking his Fifth Amendment right to not incriminate himself, according to court documents.

Snyder has maintained his innocence during the more than two years since he was indicted.

Following Snyder’s sentencing delay, Cortina, who was indicted alongside the mayor, requested his sentencing be reset to Jan. 10.

11222019 - News Article - Prosecutors ask for 47-month prison term for ex-Portage mayor

Prosecutors ask for 47-month prison term for ex-Portage mayor
NWI Times
November 22, 2019
https://www.nwitimes.com/news/local/crime-and-courts/prosecutors-ask-for--month-prison-term-for-ex-portage/article_959c8c25-eb56-54b8-a5e2-00c67510c856.html

HAMMOND — Federal prosecutors want former Portage Mayor James E. Snyder in prison for 47 months for public corruption.

Assistant U.S. attorneys submitted arguments earlier this week in a court memorandum with their recommendation for Snyder’s sentence, now scheduled to be announced Dec. 17.

They argue justice demands his imprisonment to deter other elected officials from public corruption.

But it remains unclear whether Snyder will be punished at all since his defense teams vigorously contest his guilty verdicts and are demanding that U.S. District Court Judge Joseph S. Van Bokkelen order the former mayor acquitted of all wrongdoing.

The defense claims the government’s case was so lacking in credible evidence jurors could only have based their guilty findings on improper speculation.

Snyder’s legal team also contends prosecutorial misconduct hobbled the former mayor’s effort to cast doubt on the charges against him.

Van Bokkelen has yet to rule on defense motions for acquittal and a new trial.

Snyder served as mayor of Portage from 2011 until his conviction Feb. 14 by a federal jury on felony counts of bribery solicitation and tax evasion following a 19-day trial.

Federal prosecutors said in their memo they presented damning evidence that Snyder accepted a $13,000 bribe in 2014 in return for steering a $1.125 million garbage collection contract to the Buhas Great Lakes Peterbilt firm.

They said Snyder actively sought to award those contracts to Great Lakes Peterbilt, a truck sales firm in Portage, by rigging the specifications for garbage trucks the city was buying to give Great Lakes an unfair advantage.

Prosecutors said Great Lakes gave Snyder $13,000 within weeks of Great Lakes winning the contracts.

The government also presented evidence Snyder obstructed the Internal Revenue Service’s efforts to collect unpaid taxes on his personal income as well as taxes on a private mortgage company he ran.

Snyder’s legal team haven’t responded to the government’s sentencing recommendation, but did make their case to the judge for an acquittal during a post-trial hearing earlier this month.

At that hearing, the judge expressed concern about the propriety of federal prosecutors refusing to grant immunity to potential witnesses Steve and Bob Buha, the former owners of a Portage trucking sale firm, who paid Snyder $13,000.

The Buhas' testimony could have been a pivotal moment in Snyder’s trial earlier this year, but federal prosecutors refused to call the brothers to the stand.

Assistant U.S. Attorney Jill R. Koster told the judge the government believed the brothers might give the jury false or conflicting testimony about their motive in giving Snyder $13,000.

And the brothers then refused to testify as defense witnesses on Snyder’s behalf. The brothers' attorney said he advised them to remain silent.

Snyder’s defense team argues the jury should have heard the Buhas deny bribing the mayor.

Defense attorneys argue the $13,000 was legitimate pay Snyder earned as a consultant, advising the brothers on matters of how their business could save money on employee health insurance and information technology.

Snyder didn’t take the witness stand in his own defense.

Jackie M. Bennett Jr., a member of Snyder's team of defense attorneys, made a written request late Thursday asking the court to disregard the government's sentencing memo on grounds it was filed too late for the defense to respond to it under the court's deadlines.

Bennett asked the court to set new deadlines for the parties to file their final arguments on the case. He also renewed his argument to acquit Snyder on grounds of prosecutorial misconduct and that there is insufficient evidence to convict.

11082019 - News Article - Lawyers for former Portage Mayor James Snyder, found guilty of bribery, argue two witnesses would have proved his innocence

Lawyers for former Portage Mayor James Snyder, found guilty of bribery, argue two witnesses would have proved his innocence
Chicago Tribune
November 08, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-snyder-mistrial-hearing-st-1109-20191109-kyxievwd5ncwdhxlvcxd34e5ue-story.html

The legal team for former Portage Mayor James Snyder, who was found guilty of bribery and obstructing the IRS, made its case Friday for why two key witnesses should’ve testified before the jury, but prosecutors stated the witnesses weren’t called because it was likely they would’ve lied.

Snyder’s attorneys argued that during trial, the prosecutors presented the jury with a “gap” in evidence and that “the government’s case was merely speculative.”

Jackie Bennett Jr., Snyder’s attorney, stated the prosecutors blocked the former owners of Great Lakes Peterbilt, Robert and Steve Buha, from testifying.

Both brothers denied the bribery and payment for garbage trucks in grand jury testimony, and stated that they paid Snyder $13,000 for consultant work, Bennett said. Both brothers also stated that Snyder was in a financial bind and needed money, but was willing to work for it, Bennett said.

Ultimately, Bennett said, Snyder provided health insurance and information technology consultants, and referred the brothers to a lawyer.

“(Snyder) was, in a word, innocent,” Bennett said. “We have not found, and the government hasn’t shown, any evidence contrary to the Buha grand jury testimony.”

Federal prosecutors said “ideally, it would be nice” to have the Buha brother’s testify, but that the prosecution did not believe their story because of inconsistencies in what they told law enforcement and their grand jury testimony.

Additionally, prosecutors said, based on the Buhas grand jury testimony, their statements wouldn’t have helped Snyder. But, prosecutors said, had his defense lawyers wanted the brothers’ side of the story presented to the jury, the attorneys could’ve presented the transcript of their grand jury testimony to the jury.

Judge Joseph S. Van Bokkelen will consider the information before Snyder’s December sentencing.

In February, Snyder, 41, was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city and using a shell company to hide income and assets from the IRS while owing back personal and business taxes. The jury acquitted Snyder of a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

Snyder has agreed to forfeit $13,000 to the federal government, documents said.

The U.S. Attorney’s Office for the Northern District of Illinois, which oversaw the prosecution, said that Snyder could face up to 10 years in prison on the bribery charge, and up to three years in prison on the obstruction charge.

The U.S. Attorney’s Office for the Northern District of Indiana was recused from the case, absent two prosecutors, as U.S. Attorney Thomas Kirsch II previously represented Snyder.

Snyder, a Republican, was indicted in November 2016 and charged with allegedly violating a federal bribery statute and obstruction or impeding the IRS.

Prosecutors said that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt, which was then owned by the Buhas.

Defense attorneys say that Snyder used his experience in offering health insurance to city employees through the Affordable Care Act, and making technology upgrades to advice Great Lakes Peterbilt about making similar changes.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

In September, Snyder’s sentencing date had been pushed back a second time from Sept. 24 to two days in December “to allow time to rule on the pending post-trial motions,” according to court records.

On Dec. 6, the court will give the parties an opportunity to present evidence and any additional arguments regarding their objections to the pre-sentence report and sentencing factors, according to a court order.

On Dec. 17, the court will issue a ruling regarding the objections to the pre-sentence report and will announce Snyder’s sentence, according to the court order. Federal prosecutors said Snyder allegedly solicited money from co-defendant John Cortina, of Kustom Auto Body in Portage, and “Individual A” and gave them a towing contract for Portage.

Cortina, 80, in January pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina did not testify during the trial, invoking his Fifth Amendment right to not incriminate himself, according to court documents.

Snyder has maintained his innocence during the more than two years since he was indicted.

Following Snyder’s sentencing delay, Cortina, who was indicted alongside the mayor, requested his sentencing be reset to Jan. 10.

11082019 - News Article - Debate over Snyder’s guilt rages on months after guilty verdicts

Debate over Snyder’s guilt rages on months after guilty verdicts
NWI Times
November 08, 2019
https://www.nwitimes.com/news/local/porter/portage/debate-over-snyder-s-guilt-rages-on-months-after-guilty/article_b6d0dbb8-23c8-5419-a2de-a414f16e8293.html

HAMMOND — Federal prosecutors and defense attorneys still are arguing about whether former Mayor James E. Snyder is guilty of public corruption nine months after a jury convicted him of two felony counts.

Allegations of prosecutorial misconduct most concerned U.S. District Court Judge Joseph Van Bokkelen, who ordered Snyder and lawyers on both sides of the dispute into his courtroom Friday afternoon for their final words on the matter.

Dozens of Snyder’s supporters were in the courtroom. Snyder smiled through most of the hearing, even when he was accused of lying repeatedly to government investigators.

The judge heard three hours or argument and counterargument without signaling who’s right. He has promised to issue his verdict as early as Dec. 17, when the judge stated he intends to announce Snyder’s sentence.

Snyder, a Republican businessman, served as mayor of Portage, the third-largest city in Northwest Indiana, from 2011 until his conviction and removal from office on two felony counts of bribery and tax evasion Feb. 14 following a 19-day trial.

Snyder’s legal team, which includes Indianapolis attorney Jackie Bennett, argued Friday and for months that the verdicts should be overturned on grounds of prosecutorial misconduct and insufficient evidence to support any conviction.

Assistant U.S. Attorneys Philip Benson and Jill Koster rehashed the evidence and their argument that Snyder’s guilt was overwhelming and nothing in their conduct of the case warrants a new trial or his acquittal.

The judge expressed the most doubt and concern he has about whether prosecutors improperly silenced two crucial witnesses, Steve and Bob Buha, the former owners of a Portage trucking sale firm, who paid Snyder $13,000.

Prosecutors said the money was a bribe Snyder demanded in return for steering $1.125 million in city business to the benefit of the brothers.

Defense attorneys argue the money was legitimate pay Snyder earned as a consultant, advising the brothers on matters of how their business could save money on employee health insurance and information technology.

Snyder didn’t take the witness stand in his own defense.

Nor did the Buhas. They refused to testify after Koster warned they had no immunity from self-incrimination.

Federal prosecutors gave the Buhas immunity three years earlier in the hope they would give testimony to a federal grand jury bolstering the case against Snyder.

Koster said the Buhas have contradictory stories, at one time claiming Snyder was a legitimate consultant and later saying they felt they had to pay the mayor’s demand for money.

Koster informed the Buhas’ attorney she wouldn’t call them as government witnesses and warned they would not have immunity if they testified as defense witnesses.

Without immunity, the brothers took the Fifth and wouldn’t testify at all.

Bennett said the Buhas would have denied bribing the mayor. “All of the evidence of his innocence never reached the jury," Bennett said. "The government blocked it, and (Koster) abused her immunization authority.”

Koster said it would have been unethical for her to let the Buhas testify under immunity when she thought they would lie.

The judge took issue with Koster on whether withdrawing the brothers’ immunity was correct in a heated exchange with her. At one point the judge apologized for rolling his eyes in disbelief at Koster’s arguments.

Snyder’s defense team argued prosecutors fooled jurors into believing the former mayor guilty based on arguments and “gut feelings” that didn’t add up to proof of guilt.

Benson responded Friday that the defense’s message was, “The government didn’t know what it was doing, and the jury didn’t know what it was doing. Only (the defense) knew.”

He said the government presented documentary evidence and testimony Snyder accepted a $13,000 bribe in 2014 in return for steering a $1.125 million garbage collection contract to the Buhas' Great Lakes Peterbilt firm.

They said Snyder actively sought to award those contracts to Great Lakes Peterbilt, a truck sales firm in Portage, by rigging the specifications for garbage trucks the city was buying to give Great Lakes an unfair advantage.

Prosecutors said Great Lakes gave Snyder $13,000 within weeks of Great Lakes winning the contracts in the form of a check made out to SRC Consulting, which prosecutors said was a non-existent company. They said the money eventually found its way to Snyder’s personal bank account.

The government also argued and presented evidence Snyder obstructed the Internal Revenue Service’s efforts to collect unpaid business and personal taxes he owed by hiding his taxable income.

Defense lawyers argued there was no evidence Snyder was knowledgeable about tax matters and intended to defraud the Internal Revenue Service. They said the IRS eventually collected all overdue taxes.

Benson said Snyder is still guilty of falsely underreporting his income from private business sources and delaying tax collections by more than six years.

Although jurors convicted Snyder on two felony counts, they acquitted Snyder of another bribery count alleging he steered contracts to towing firms seeking city business.

11052019 - News Article - Democrat Sue Lynch unseats incumbent Mayor John Cannon in Portage - Veach: Portage Park Board

Democrat Sue Lynch unseats incumbent Mayor John Cannon in Portage nail-biter
NWI Times
November 05, 2019
https://www.nwitimes.com/news/local/govt-and-politics/democrat-sue-lynch-unseats-incumbent-mayor-john-cannon-in-portage/article_cde2065a-2186-54fb-b6f5-c04aebaf2603.html

PORTAGE — Democrat Sue Lynch pulled ahead late in a tight race Tuesday night to unseat Republican Mayor John Cannon.

It will be a return to the office for Lynch, who had served as mayor for a couple of weeks following former Republican Mayor James Snyder's federal conviction in February on bribery and tax obstruction charges.

Lynch had taken over the city's top job by virtue of her position as city council president.

"We both worked very hard to win our race," Lynch said.

She said her edge came in remaining focused and having a strong team.

Her victory was part of a Democratic sweep in the city, including all seven seats on the city council and the clerk-treasurer's office.

"It'a great day for Portage Democrats," she said.

"I am running for mayor because it is time to bring fiscal responsibility, honesty, integrity and transparency back to our city," Lynch had said. "It is time to put politics aside and work for all citizens. Now more than ever we need a person with leadership skills and experience working with our business community, our schools, our employees and our citizens. After eight long years of negative headlines it is time to move forward and create a positive image for our city."

Lynch was replaced as mayor at the start of March by Cannon, who was voted in by Republican precinct officials to finish Snyder's term.

Lynch said her top goals include getting the city's finances in order in the wake of "living 'paycheck to paycheck,' spending money that was not budgeted for, and running our city into debt."

She also intends to focus on downtown development by updating the city's 11-year-old master plan to create a "new, shared vision."

Infrastructure improvements are also a priority, including "the west side of our city, a plan we develop and stick to, without going over budget," she said.

Lynch is a retired office manager from Calumet Park Cemetery and had served as executive director of the nonprofit environmental organization People Against Hazardous Landfill Sites.

She has served on the Portage City Council since 2008 and had held other local elected offices.

Lynch also is a member of the Portage Historical Society, several veterans groups, the Indiana Sheriff's Association and the Police Memorial Fund that assists widows of fallen officers.

She is chairwoman of the Mayor's Senior Advisory Committee and the Porter County Recycling and Waste Reduction Board. Lynch is an active member of St. Peter Lutheran Church.

Lych said what sets her apart from her opponent is her 12 years on the city council. 

"I am able to converse and communicate well with our business community, our county officials and our state legislators," she said. "I know how to manage people and budgets."

"I am a consensus builder and believe there is no 'I' in team," Lynch said. "There will be no room for politics in my administration."

10252019 - News Article - Portage Board of Works seeks to recoup surety bond on Clerk-Treasurer

Portage Board of Works seeks to recoup surety bond on Clerk-Treasurer
Chicago Tribune
October 25, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-stidham-surety-bond-st-1027-20191025-3xirglak3naf7hfvxcgeujt2iq-story.html
The Portage Board of Works, made of mayoral appointees, on Tuesday approved a resolution calling on Mayor John Cannon to try to recover money from the insurance company holding a surety bond Clerk-Treasurer Chris Stidham.

It was the next move in a months-long campaign by Cannon and an “executive investigative committee” that alleged Stidham inappropriately paid nearly $60,000 in contracts without getting board of works approval between 2015 and 2016.

“We believe these funds were not approved,” Cannon said. “We know they were never on a docket. They were never approved by the board of works.”

The investigative committee also was made of Cannon appointees. Stidham said the move was “purely political, a way for (Cannon) to distract people from problems in his own administration.”

The resolution calls for Cannon to try to get Liberty Mutual to pay the city the almost $60,000 out of a $300,000 bond the insurance company holds on the elected clerk-treasurer. If Cannon is successful, and, Liberty Mutual pays the money to the city, the insurance company can seek to recoup its losses from Stidham.

“The board of works wants their money back,” Cannon said. “They believe the board never approved the payments. Their objective has been, I believe, to get the money back.”

Governmental entities, like cities and towns, get bonds on elected officials and others as insurance policies. If the public official does something to harm the entities they represent, those entities can try to recover any financial losses from the agencies holding the bonds.

The Indiana State Board of Accounts, or SBOA, and a special prosecutor, with investigative help form the Indiana State Police, have been investigating to determine if Stidham did anything inappropriate.

Stidham acknowledged the SBOA is still reviewing the matter, though he said an initial report from the SBOA indicated there have been problems with the board of works’ accounting for years.

“(Cannon) keeps jumping to conclusions because he’s trying to score political points,” said Stidham, who is not running for any office. “He won’t let the state process play out.”

Stidham lost a bid for the mayor’s office in the May primary and will leave the clerk-treasurer’s office at the end of December.

10072019 - News Article - Facebook post referencing Holocaust museums used to explain why portrait of disgraced Portage mayor still hangs in city hall

Facebook post referencing Holocaust museums used to explain why portrait of disgraced Portage mayor still hangs in city hall
POST-TRIBUNE
OCT 07, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-portage-snyder-portrait-st-1008-20191007-7m5xdqcz5baazhz4tklng34xvm-story.html

Portage Mayor John Cannon is defending both his decision to restore the portrait of disgraced former Mayor James Snyder in City Hall, and recent comments on his campaign Facebook page referencing Holocaust museums in his decision to repost the portrait.

Cannon, a former city councilman who was selected by caucus to complete Snyder’s term and is running for mayor on the Republican ticket in the general election, said the picture, taken down in mid-February when Snyder was convicted on federal corruption charges, went back up sometime in May.

“It’s part of the historical record. The man was elected twice as mayor,” he said.

On a post to Cannon’s campaign Facebook page last month, someone asked why Snyder’s picture was still hanging in City Hall.

“If we have learned one thing in history is if we forget it we are doomed to repeat it. That is why there are holocaust museums,” part of the campaign Facebook response said. “Snyder’s photo will hang there until the end of time. His story, will be etched in Portage’s history, hopefully not ever repeat itself.”

Council President Sue Lynch, D-At large, who is running against Cannon for mayor, said after the picture went up again, she got several calls complaining that it was back.

“He’s a disgraced mayor. He shouldn’t be up there with those who didn’t disgrace the city,” she said, adding she found the mention of Holocaust museums “outrageous.”

Cannon said that comment wasn’t meant to compare the portrait to Holocaust museums, but to note knowing about history so it’s not repeated.

“In this case, the history of what happened to James Snyder is so a mayor won’t do it again,” he said.

Councilman Collin Czilli, D-5th, who said he took the portrait down the night of Snyder’s conviction in mid-February on two of three federal corruption charges with Cannon’s assistance, found Cannon’s comment about Holocaust museums “despicable.”

“There is no situation in which the Holocaust is comparable to any other situation in history unless it’s a genocide of the same magnitude,” Czilli said, adding Holocaust museums are meant to remember those who were murdered under the Nazi regime. “It’s just insane to me that anyone would make that comparison in the first place.”

He, Cannon and Lynch were in the lobby of City Hall and noticed Snyder’s picture the night Snyder was convicted. Cannon, Czilli said, held a chair still while Czilli took down the picture.

“He was there,” Czilli said, and was OK with taking the picture down. “He did not indicate otherwise."

Czilli said he does not feel that Snyder’s picture should be hanging with those of mayors who weren’t convicted while they were in office.

“It’s not erasing history. We’re not going to forget he was mayor,” Czilli said, adding Snyder’s name is on building plaques throughout the city that will remain.

Cannon, who admitted Snyder’s time as mayor ended “badly,” said that other communities with leaders who were convicted while in office have not erased their names or their former presence.

Lake Station officials are considering just that, though they haven’t made a decision yet.

In August, some city leaders said they wanted to remove former Democrat Mayor Keith Soderquist’s name removed from commemorative plaques and the city’s trash and recycling cans before his March release after serving a four-year sentence in federal prison for public corruption.

09302019 - News Article - Former Portage mayor who was convicted of bribery challenges immunity of two witnesses in trial

Former Portage mayor who was convicted of bribery challenges immunity of two witnesses in trial
Chicago Tribune
September 30, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-snyder-clarification-motion-st-1001-20190930-ykuukl4heretfcte2wlop7dctq-story.html

The legal team for former Portage Mayor James Snyder, who was found guilty of bribery and obstructing the IRS, filed a motion Friday for clarification on the immunity status of two witnesses in his case.

In the motion, Snyder’s attorney, Jackie Bennett Jr., requests a clarification “regarding the status of the immunity” of the former owners of Great Lakes Peterbilt, Robert and Steve Buha, “in determining which witnesses to arrange for the upcoming Dec. 6, 2019, sentencing hearing.”

According to the motion, the Buhas “never had immunity to testify at trial, and only would have had immunity if the prosecutors had requested that their immunity be renewed.”

The brothers were granted immunity for their grand jury testimony.

“Since the Buhas received formal immunity, the immunity would have continued unless government counsel revoked it. It simply cannot simultaneously be true that they did not have immunity, but also that the prosecutor did not revoke their immunity,” Bennett wrote in the motion.

The motion seeks clarification regarding the discrepancies between the prosecutor’s in-court description of the mechanics of formal immunity and the Department of Justice policy, “which says the opposite," and between the in-trial statements of prosecutors that the Buhas did not have immunity.

A request was made for an order from the court ruling “that if the government does not reinstate the Buhas’ immunity, that the government cannot also seek enhancements to Mr. Snyder’s sentence on issues the Buhas could elucidate, since the government would also be depriving Mr. Snyder of witnesses useful if not necessary to rebutting those proposed enhancements," according to the motion.

Bennett could not be immediately reached for comment Monday.

In February, Snyder, 41, was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city, and using a shell company to hide income and assets from the IRS while owing back personal and business taxes. The jury acquitted Snyder of a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

Snyder has agreed to forfeit $13,000 to the federal governments, documents said.

The U.S. Attorney’s Office for the Northern District of Illinois, which oversaw the prosecution, said that Snyder could face up to 10 years in prison on the bribery charge, and up to three years in prison on the obstruction charge.

The U.S. Attorney’s Office for the Northern District of Indiana was recused from the case, absent two prosecutors, as U.S. Attorney Thomas Kirsch II previously represented Snyder.

Snyder, a Republican, was indicted in November 2016 and charged with allegedly violating a federal bribery statute and obstruction or impeding the IRS.

Prosecutors said that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt.

Defense attorneys say that Snyder used his experience in offering health insurance to city employees through the Affordable Care Act, and making technology upgrades to advice Great Lakes Peterbilt about making similar changes.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

In September, Snyder’s sentencing date had been pushed back a second time from Sept. 24 to two days in December “to allow time to rule on the pending post-trial motions,” according to court records.

On Dec. 6, the court will give the parties an opportunity to present evidence and any additional arguments regarding their objections to the pre-sentence report and sentencing factors, according to a court order.

On Dec. 17, the court will issue a ruling regarding the objections to the pre-sentence report and will announce Snyder’s sentence, according to the court order.


Following Snyder’s sentencing delay, John Cortina, who was indicted alongside the mayor, requested his sentencing be reset to Jan. 10.

Federal prosecutors said Snyder allegedly solicited money from Cortina, of Kustom Auto Body in Portage, and “Individual A” and gave them a towing contract for Portage.

Cortina, 80, in January pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina did not testify during the trial, invoking his Fifth Amendment right to not incriminate himself, according to court documents.

Snyder has maintained his innocence during the more than two years since he was indicted.