04122019 - News Article - Feds say convicted ex-Portage mayor's claims about lack of evidence is a 'red herring'

Feds say convicted ex-Portage mayor's claims about lack of evidence is a 'red herring'
Chicago Tribune
April 12, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-prosecutor-response-st-0413-story.html

Prosecutors say that the conviction of a former Portage mayor should stand, and arguments to justify acquittal are a “red herring.”

Federal prosecutors on Friday filed a 48-page response to James Snyder’s post-trial motions that sought to have Judge Joseph Van Bokkelen acquit to former mayor or order a new trial. Assistant U.S. Attorney Jill Koster said despite Snyder’s claim, prosecutors presented sufficient evidence to convict the former mayor.

Koster pushed back against claims that prosecutors only presented circumstantial evidence against Snyder.

“Snyder takes aim at the government’s reliance upon circumstantial evidence to prove that he acted with corrupt intent,” Koster said, in court filings. “This is a red herring.”

During Snyder’s five-week trial, the defense asked the judge to acquit the former mayor and filed a supplemental motion.

In February, a federal jury convicted Snyder of bribery and obstructing the IRS, bringing an end to his 19-day trial. Snyder 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 owning back personal and business taxes.

Prosecutors say 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 Steve Buha.

Once those contracts were awarded, Great Lakes Peterbilt paid Snyder $13,000.

Snyder claimed he did consulting work for the dealership, justifying the $13,000 payment. Koster refuted that claim showing that Snyder changed his story about the nature of the consulting work, could not provide any proof of work performed, did not have the experience to do consulting work.

“A reasonable jury could infer that Snyder’s inconsistent claims about the type of the supposed consulting work he performed for (Great Lakes Peterbilt) demonstrated the corrupt nature of the arrangement,” Koster said.

Koster said the evidence showed that Snyder lied about the payment; lied about performing consulting work; and lied about his role in the awarding of the garbage truck bids.

“By proving Snyder’s lies, the government established his consciousness of guilt regarding his acceptance of the payment and his role in ensuring (Great Lakes Peterbilt) won the lucrative contracts,” Koster said.

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.

“At trial, the government established that Snyder’s conduct consisted of a complicated, multi-year scheme in which he submitted numerous false documents, under oath, in an attempt to convince the IRS that he could not pay his business or personal income taxes, and, when that failed, that the IRS should forgo collection efforts and allow him to make low-installment payments toward the amount he owed,” Koster said.

A jury found Snyder not guilty of allegedly soliciting a bribe to award two firms a city towing contract.