06242023 - News Article - Snyder ordered to prison in Oct. - Former Portage mayor must begin 21-month sentence

 

Snyder ordered to prison in Oct. 

Former Portage mayor must begin 21-month sentence

Post-Tribune, The (Merrillville, IN)

June 24, 2023 

https://infoweb.newsbank.com/

The saga of the federal court case against disgraced former Portage Mayor James Snyder inched closer to a conclusion when a judge on Friday ordered him to report to the federal Bureau of Prisons on Oct. 16 to begin serving his 21-month sentence on convictions for bribery and defrauding the IRS.

His sentence also includes one year on supervised release. His sentences on each conviction are to run concurrently.

After Snyder's most recent attempt at an appeal was tossed out by the 7th U.S. Circuit Court of Appeals in Chicago on June 15, federal prosecutors filed a motion on June 20 to revoke his bond and have him report to begin his sentence within seven days because he could only remain free on bond pending his appeal.

But defense attorney Andrea Gambino in a June 21 filing said that the appeals process still had some life to it and that, throughout Snyder's case, which began with his indictment in November 2016, he had never posed a flight risk or a danger to others, so he should therefore remain free on bond in the meantime.

In the end, U.S. District Judge Matthew Kennelly gave Snyder, 45, four months to turn himself in while admitting that there was the slimmest of chances he could gain some relief through the appellate courts on the bribery conviction, but not the one for the IRS charge. The ruling came during a brief telephonic conference.

Kennelly also said that it's been three years since Snyder's trial and the case has been going on for "longer than that."

Assistant U.S. Attorney Amarjeet Bhachu noted the conviction on the IRS charge and said he "can't see any reason under the sun" why an appeal on that charge would go forward.

Kennelly agreed and said the tax charge is "not something the Supreme Court is likely to take up."

In her filing requesting that Snyder's bond remain in place, Gambino said her client will be asking for a panel rehearing on both counts, and that Snyder "has received offers from several large firms with Supreme Court practices, to assist him in preparing a petition for a writ of certiorari to the United States Supreme Court," or a review by the higher court, on the bribery charge.

She added that the "offers express the view that the Supreme Court is likely to grant" review of the issue.

During Friday's hearing, Gambino reiterated that Snyder's sentence on the two convictions are to run concurrently. If he were to go into custody now and start serving his sentence on the IRS charge while his appeal of the bribery case went forward and he were to lose the appeal, he could end up serving the sentences consecutively instead.

"It would be remanded for resentencing," Kennelly said, later ruling that Snyder is to surrender to the Bureau of Prisons by 2 p.m. on the third Monday in October.

Snyder, a Republican, was first elected mayor in 2011 and was reelected in 2015. He was indicted on two bribery counts, involving garbage truck purchases and towing contracts, and one related to the IRS in November 2016.

The last year of his second term was cut short in February 2019 when a federal jury convicted him 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 from the IRS when he owed personal and business taxes.

He was acquitted on the second bribery charge involving the towing contracts, a charge that generated a guilty plea from co-defendant John Cortina.

Snyder asked for and received a new trial on the bribery conviction involving the garbage trucks, and that trial, in March 2021, also resulted in a jury conviction.

Snyder filed another appeal in October 2021 in an attempt to have both of his convictions overturned and the court granted him bond pending that appeal.

Snyder has a pending federal lawsuit against current Portage Mayor Sue Lynch and Dan Whitten, the city attorney, alleging they coached Randy Reeder, a witness in the bribery case, not to meet with Snyder or his legal team.

Lynch and Whitten have filed to have the case dismissed.

06232023 - News Article - Former GOP Portage Mayor Snyder given surrender date to begin federal bribery, tax prison sentence

 

Former GOP Portage Mayor Snyder given surrender date to begin federal bribery, tax prison sentence

Times, The (Munster, IN)

June 23, 2023 

https://infoweb.newsbank.com/

HAMMOND — A federal judge Friday ordered former GOP Portage Mayor James Snyder to surrender himself Oct. 16 to begin serving a 21-month prison term for his bribery and tax violation convictions.

Federal prosecutors sought to have 45-year-old Snyder turn himself in by Tuesday, but that request was denied by U.S. District Judge Matthew Kennelly.

During the Friday morning telephonic hearing, Kennelly referred to defense hopes of a successful appeal, specifically on the bribery charge, but said it remains a longshot.

"This is a really old case," he said.

In arguing for a delay in Snyder's surrender, defense attorney Andréa E. Gambino said, "We're not finished with the appeals process."

Snyder intends to seek another appellate hearing, as well as potentially seek to have the case heard by the Supreme Court, she said in a filing before the court.

"Mr. Snyder has received offers from several large firms with Supreme Court practices, to assist him in preparing a petition for a writ of certiorari to the United States Supreme Court," according to the defense. "These offers express the view that the Supreme Court is likely to grant certiorari on the issue."

The action in the case comes just more than a week after the U.S. Court of Appeals for the 7th Circuit rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," Amarjeet Bhachu, special attorney for the United States, had written in his request for a more immediate surrender.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

The sentence, passed down Kennelly in October 2021, was well below the recommended sentencing guideline of 46 to 57 months on Snyder's federal bribery and tax violation convictions.

Kennelly then in December 2021 granted Snyder's request to remain out on bond while appealing his convictions, one of which had been affirmed during two different trials.

Snyder was found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorneys moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

06212023 - News Article - Feds want Snyder to surrender himself

 

Feds want Snyder to surrender himself

June 21, 2023 

Times, The (Munster, IN)

https://infoweb.newsbank.com/

HAMMOND — Federal prosecutors are seeking to have former Republican Portage Mayor James Snyder surrender himself in no more than a week to begin serving a 21-month prison sentence on his bribery and tax violation convictions.

The request, which was filed Tuesday, comes in the wake of Thursday's ruling by the U.S. Court of Appeals for the 7th Circuit that rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," according to Amarjeet Bhachu, special attorney for the United States.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

Snyder's defense attorney had not filed a response by early Tuesday afternoon.

Snyder, 45, was found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

06212023 - News Article - Friday hearing set on request for former GOP Portage Mayor Snyder's prison surrender

 

Friday hearing set on request for former GOP Portage Mayor Snyder's prison surrender

June 21, 2023 

Times, The (Munster, IN)

https://infoweb.newsbank.com/

HAMMOND — Former GOP Portage Mayor James Snyder could find out Friday morning if he will be required to surrender himself by Tuesday as requested by federal prosecutors to begin serving a 21-month prison term.

U.S. District Judge Matthew Kennelly, who had sentenced Snyder in October 2021, announced Wednesday morning his intention to hold a telephonic meeting to address the surrender date.

The sentence was well below the recommended sentencing guideline of 46 to 57 months on Snyder's federal bribery and tax violation convictions.

Federal prosecutors filed a request Tuesday for the prompt surrender date following Thursday's ruling by the U.S. Court of Appeals for the 7th Circuit that rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," according to Amarjeet Bhachu, special attorney for the United States.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

Snyder's defense attorney had not filed a response by late Wednesday morning.

Snyder, 45, was found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

06212023 - Feds seek to revoke Snyder's bond - Prosecutors ask that former Portage mayor be ordered to report to prison within week

 

Feds seek to revoke Snyder's bond 

Prosecutors ask that former Portage mayor be ordered to report to prison within week

Post-Tribune, The (Merrillville, IN)

June 21, 2023 

https://infoweb.newsbank.com/

Having failed at his most recent attempt to have his federal convictions for bribery and obstructing the IRS overturned, former Portage Mayor James Snyder now faces revocation of his bond and being ordered to surrender to the custody of the Federal Bureau of Prisons within the week.

A Tuesday filing by federal prosecutors in the U.S. District Court in Hammond asks Judge Matthew F. Kennelly to revoke Snyder's bond and order Snyder to surrender.

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," according to the filing.

The 7th U.S. Circuit Court of Appeals in Chicago rejected Snyder's bid to have his convictions dismissed in a June 15 ruling. First indicted in November 2016, his case has dragged on with two trials and convictions on two of the three charges he faced.

Snyder did not return a request for comment. He had been sentenced to 21 months in federal prison and one year of supervised release but was allowed to remain free as his appeal made its way to a conclusion.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," the four-page filing notes, adding that permitting bond during a pending appeal appears only "when appeal presents a 'substantial question of law' likely to result in reversal or new trial.' "

Snyder received neither of those things in his most recent attempt at an appeal.

Snyder, a Republican, was first elected mayor in 2011 and was reelected in 2015. He was indicted on two bribery counts, involving garbage truck purchases and towing contracts, and one related to the IRS in November 2016.

The last year of his second term was cut short in February 2019 when a federal jury convicted him 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 from the IRS when he owed personal and business taxes.

He was acquitted on the second bribery charge involving the towing contracts, a charge that generated a guilty plea from co-defendant John Cortina.

Snyder asked for and received a new trial on the bribery conviction involving the garbage trucks, and that trial, in March 2021, also resulted in a jury conviction.

Snyder filed another appeal in October 2021 in an attempt to have both of his convictions overturned and the court granted him bond pending that appeal.

In the bribery case, Snyder argued that his right to a speedy trial was being violated; that the bribe he received for a garbage truck contract was in fact payment for services he provided to Great Lakes Peterbilt, the firm that sold the city the garbage trucks; and that there was insufficient evidence for a conviction.

"Given irregularities in the bidding process, Snyder's contemporaneous contacts with the Buhas (unique among bidders), the timing of the $13,000 payment, the dubious explanations offered for the payment, and the lack of corroborating evidence for Snyder's claim that he was paid for consulting, a reasonable jury could conclude that Snyder accepted the check as a bribe or gratuity for steering the contracts to GLPB," the appellate judges noted.

As far as the IRS case, based on the government's argument that Snyder purposefully hid assets and income from the IRS after failing to pay personal and payroll taxes in a timely fashion by setting up a second business to funnel income without reporting it, the appellate court ruled that "sufficient evidence supported the jury's verdict."

Snyder had argued that the statute of limitations had passed on the IRS charges and that there was insufficient evidence for a jury to convict him.

Snyder has a pending federal lawsuit against current Portage Mayor Sue Lynch and Dan Whitten, the city attorney, alleging they coached Randy Reeder, a witness in the bribery case, not to meet with Snyder or his legal team.

06202023 - News Article - Feds want former GOP Portage Mayor Snyder to begin serving prison term within a week

 

Feds want former GOP Portage Mayor Snyder to begin serving prison term within a week

Times, The (Munster, IN)

June 20, 2023 

https://infoweb.newsbank.com/

HAMMOND — Federal prosecutors are seeking to have former Republican Portage Mayor James Snyder surrender himself in no more than a week to begin serving a 21-month prison sentence on his bribery and tax violation convictions.

The request, which was filed Tuesday, comes in the wake of Thursday's ruling by the U.S. Court of Appeals for the 7th Circuit that rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," according to Amarjeet Bhachu, special attorney for the United States.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

Snyder's defense attorney had not filed a response by early Tuesday afternoon.

Snyder, 45, was found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

06172023 - News Article - Former mayor's convictions stand - Federal appeals court denies Portage's Snyder's request to dismiss decisions

 

Former mayor's convictions stand 

Federal appeals court denies Portage's Snyder's request to dismiss decisions

Post-Tribune, The (Merrillville, IN)

June 17, 2023 

https://infoweb.newsbank.com/

Former Portage Mayor James Snyder's bid to have his federal convictions dismissed for a $13,000 bribe for a garbage truck contract and hiding income from the IRS with his mortgage business have come to an end as an appeals court ruled Thursday that the convictions will stand.

"Snyder has appealed, challenging his convictions on several grounds. We affirm," begins the 42-page filing with the 7th U.S. Circuit Court of Appeals in Chicago.

Snyder did not return a request for comment. He had been sentenced to 21 months in federal prison and one year of supervised release but was allowed to remain free as his appeal made its way to a conclusion.

It is not immediately clear from the online court docket when Snyder might report to federal prison or what other avenues he might have going forward.

Snyder was indicted on two bribery counts and one related to the IRS in November 2016. While another federal indictment also was filed in U.S. District Court in Hammond that day involving another elected official, former Lake County Sheriff John Buncich, Snyder's case dragged on long after Buncich's case came to a conclusion.

A jury convicted Buncich of bribery and wire fraud, among other charges, for soliciting bribes from county tow operators. Buncich, now 77, has a scheduled release date of Oct. 5, 2027, according to online records from the federal Bureau of Prisons. He is being housed at a secured federal medical facility in Springfield, Missouri.

Initially sentenced to 15 years and 8 months in prison, a judge reduced that by 37 months after an appeal by Buncich resulted in some of his convictions getting tossed out.

The appellate court ruling in Snyder's case provides a point-by-point refutation of Snyder's attempt to have his two convictions overturned. A jury in Snyder's first trial found him not guilty on a second bribery charge involving tow truck contracts.

A second jury reaffirmed his conviction on the bribery charge from the first trial.

In the bribery case, Snyder argued that his right to a speedy trial was being violated; that the bribe he received for a garbage truck contract was in fact payment for services he provided to Great Lakes Peterbilt, the firm that sold the city the garbage trucks; and that there was insufficient evidence for a conviction.

"Given irregularities in the bidding process, Snyder's contemporaneous contacts with the Buhas (unique among bidders), the timing of the $13,000 payment, the dubious explanations offered for the payment, and the lack of corroborating evidence for Snyder's claim that he was paid for consulting, a reasonable jury could conclude that Snyder accepted the check as a bribe or gratuity for steering the contracts to GLPB," the appellate judges noted.

As far as the IRS case, based on the government's argument that Snyder purposefully hid assets and income from the IRS after failing to pay personal and payroll taxes in a timely fashion by setting up a second business to funnel income without reporting it, the appellate court ruled that "sufficient evidence supported the jury's verdict."

Snyder had argued that the statute of limitations had passed on the IRS charges and that there was insufficient evidence for a jury to convict him.

Snyder has a pending federal lawsuit against current Portage Mayor Sue Lynch and Dan Whitten, the city attorney, alleging they coached Randy Reeder, a witness in the bribery case, not to meet with Snyder or his legal team.

06162023 - News Article - Judges: Ex-mayor won't get appeal

 

Judges: Ex-mayor won't get appeal

Times, The (Munster, IN)

June 16, 2023 

https://infoweb.newsbank.com/

CHICAGO — The U.S. Court of Appeals for the 7th Circuit has denied former Portage Mayor James Snyder's appeal of his 2021 convictions of bribery and tax violations.

In a 42page document filed Thursday, Judges David F. Hamilton, Candance Jackson-Akiwumi and John Z. Lee determined that none of Snyder's Fourth and Sixth Amendment rights were violated during the course of the investigation into his conduct, despite arguments made by his attorneys.

Snyder, 45, was found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case. The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

His team argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten. In the federal lawsuit, Snyder accuses the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial. Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

While Snyder was permitted to remain out of prison during the appeal, a 21-month sentence looms.

06152023 - US Court Of Appeals Opinion - US v James Snyder - Case No. 21‐2986. OPINION: Conviction Affirmed

 

US v James Snyder - Case No. 21‐2986

Opinion: Conviction Affirmed

US Court Of Appeals

June 15, 2023

https://www.ca7.uscourts.gov/

US v James Snyder - Case No. 21‐2986. OPINION: Conviction Affirmed

06152023 - News Article - Former Portage mayor denied appeal on bribery and tax obstruction charges

 

Former Portage mayor denied appeal on bribery and tax obstruction charges

Times, The (Munster, IN)

June 15, 2023 

https://infoweb.newsbank.com/

CHICAGO — The U.S. Court of Appeals for the 7th Circuit has denied former Portage Mayor James Snyder's appeal of his 2021 convictions of bribery and tax violations.

In a 42-page document filed Thursday, Judges David F. Hamilton, Candance Jackson-Akiwumi and John Z. Lee determined that none of Snyder's Fourth and Sixth Amendment rights were violated during the course of the investigation into his conduct, despite arguments made by his attorneys.

Snyder, 45, was found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case. The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

His team argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten. In the federal lawsuit, Snyder accuses the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial. Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

While Snyder was permitted to remain out of prison during the appeal, a 21-month sentence looms.