Friday, March 25, 1988

03251988 - News Article - Spann gets 20 years for taking bribes





Spann gets 20 years for taking bribes
Post-Tribune (IN) 
March 25, 1988
U.S. District Court Judge James T. Moody sentenced former Lake County Commissioner Atterson Spann to 20 years in prison Thursday - the maximum he could have received after pleading guilty to accepting bribes.

Because he pleaded guilty to racketeering, Spann is expected to serve as much as two-thirds of the sentence. Moody also fined Spann $25,000 and ordered him to forfeit $29,615 he received in kickbacks from two janitorial firms that had contracts to clean the Lake County Government Center in Crown Point.

It is the stiffest sentence in a public corruption case since former Lake County Court bailiff John Marine was given a 20-year term by Moody in 1985.

Moody also sentenced Rudy Byron, Spann's lifelong friend and accomplice, to a maximum term of nine years in prison on three counts of filing false tax returns. Byron also was fined $15,000.

Moody, who has a reputation for tough sentences in public corruption cases, ordered the two into custody immediately. They were transferred to the Metropolitan Correctional Center in Chicago, where they will be held until assignment to a prison.

Spann, 49, of East Chicago, waved to a couple of the 50 friends in attendance as he was whisked from the courtroom immediately after the hearing. Byron, 51, of Gary, hugged tearful relatives before being led away.

U.S. Attorney James G. Richmond said after the hearing that the government may not be finished with Spann.

"There are other investigations Mr. Spann may have knowledge of," Richmond said, adding that plans are indefinite on whether Spann will be called before a grand jury.

"I would like to humbly apologize to the court for my behavior," Spann said before sentencing. "There were many people who supported me over the years and I let them down. I hope my family at some point will forgive me."

Richmond had no comment on the sentence although he had called for a substantial period of incarceration.

Merrillville lawyer J. Michael Katz, Spann's attorney, said , "Today Ivan Boesky commenced serving a three-year sentence for defrauding people out of hundreds of millions of dollars. Today Atterson Spann commenced a 20-year sentence for taking $29,000."

Katz acknowledged Spann's wrongdoing but attempted to minimize it. He said Spann didn't solicit any money and blamed former Lake County sheriff and commissioner Rudy Bartolomei.

Bartolomei is in the federal witness protection program after pleading guilty to extortion. He would have been the government's key witness against Spann.

Katz said he has evidence that Bartolomei withdrew $550,000 from his accounts in Lake County financial institutions just before pleading guilty.

"Public corruption will continue until those who offer bribes realize they can't walk away scot-free," Katz said.

Richmond responded, "As long as there are public officials who take bribes and sell their offices, nothing will change."

Both Spann and Byron turned down plea agreements. Spann was offered an 18- year maximum prison term but would have had to cooperate with federal authorities in its Operation Lights Out investigation into corruption in county government.

Byron turned down a three-year maximum sentence that also required cooperation.

Spann advanced quickly to become one of the most powerful politicians in county government. He was selling men's clothing in an Indiana Harbor store when he went to work for East Chicago Mayor Robert A. Pastrick in the early 1970s. He was elected to the first of three terms as commissioner in 1974. He lost his bid for a fourth term in the 1986 Democratic primary.

Byron, who was Spann's campaign manager, worked for the commissioners and also owned Kleen Maintenance Co. Inc. Earlier this week Byron lost a suit against county commissioners alleging he was fired in January 1987 for political reasons.

Byron pleaded guilty to failing to report $63,199 in income he received from General Maintenance Co. of Highland and Kleen Maintenance between 1983 and 1985.

Spann took money from Johnny Garmon, vice president of Professional Building Maintenance Inc. of Gary, and from Larry Crowel, co-owner of General Maintenace, the government said. Garmon and Crowel are unindicted co- conspirators.