11172016 - NEWS ARTICLES - Portage Indiana Mayor James Snyder - Indicted for public corruption - PART 1 - 11172016 - 12312017
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Undercover tapes, alleged bribes and schemes: Accused Portage mayor to face jury Monday
NWI Times
January 13, 2019
https://www.nwitimes.com/news/education/undercover-tapes-alleged-bribes-and-schemes-accused-portage-mayor-to/article_b0dfddcd-a6c4-5d90-9db1-a08e15485258.html
HAMMOND — After more than five years of investigation and 26 months after he was indicted, Portage Mayor James Snyder will get his day in court Monday.
When it's done, a jury will decide whether Snyder took a loan from former co-defendant John Cortina or if that $12,000 was "juice money," as Cortina called it in undercover recordings, to have Snyder put him on the city's towing list.
Cortina, 79, owner of Kustom Auto Body, pleaded guilty Friday to paying Snyder the bribe.
Jurors also have to decide if Snyder took another $13,000 in bribes in exchange for city contracts and whether he schemed to defraud the Internal Revenue Service by manipulating his private mortgage company books.
His public corruption trial, which is estimated to last four weeks, is set to begin at 10 a.m. Monday in front of U.S. Federal Court Judge Joseph Van Bokkelen. Jury selection should begin about 11:30 a.m.
Van Bokkelen said Friday during a status hearing, he anticipates the jury to be selected by the end of Monday's court session and opening statements to begin at 9 a.m. Tuesday, followed by calling the first witnesses.
Both defense and prosecuting attorneys estimated their opening statements would take one hour.
According to court records, the investigation into Snyder's alleged wrongdoing began in 2014 when FBI agents came to Porter County, seeking Snyder's campaign finance reports from his 2011 campaign. Over the next two years, agents made frequent trips to Portage, subpoenaing records from the city's Utility Services Board over payments involving an economic development trip to Austria; records from the street department regarding the purchase of garbage trucks; meeting minutes from the local Fraternal Order of Police lodge meetings; and numerous other financial and city records.
In an indictment handed down Nov. 17, 2016, Snyder was charged on two counts of bribery and one count of tax fraud. Cortina, owner of Kustom Auto Body of Portage, was charged with one count of offering a bribe.
Indictment
Snyder was indicted on the three charges, along with Cortina, and former Lake County Sheriff John Buncich. While Buncich was convicted in August 2017 and sentenced to 188 months in prison in January 2018, Snyder's and Cortina's trials were marked by a half-dozen continuances over the past two years.
Snyder pleaded not guilty to the allegations. Cortina had pleaded not guilty until Friday's plea deal.
The first count against Snyder alleges he solicited two bank checks, in the amounts of $10,000 and $2,000, from Cortina to put Cortina on the city's towing list.
In court filings, Snyder claims the $12,000 came from Cortina as loans to pay his attorney's bills.
In transcripts of undercover recordings, Cortina refers to the money as "juice money" he paid Snyder in an effort to get on the city's towing list. During his plea hearing Friday, Cortina told the court he perceived the money to be a bribe.
The second count against Snyder also alleges he accepted $13,000 from a Portage company in exchange for favorable contracts with the city. Snyder is alleged to have solicited the $13,000 from Great Lakes Peterbilt days after the company received contracts worth more than $1.25 million for garbage trucks.
The third count against Snyder involves his private business operations with a mortgage company he previously managed. The count alleges, among other things, that Snyder, who managed the company, collected but failed to pay to the federal government employee payroll taxes. The alleged behavior dates back to 2007.
It also alleges Snyder created a company through which he funneled money in order to hide it from the IRS, failed to file appropriate tax forms, failed to pay personal income taxes and hired a friend to help "bury" income.
Twists and turns
A half-dozen continuances were granted in the cases since the indictment was issued. Many came because of issues with discovery and what both sides have said were voluminous numbers of documents expected to be introduced into evidence.
Prosecutors and Snyder's defense are expected to introduce about 120,000 pages/items into evidence, hear some 20 undercover recordings and hear from dozens of witnesses, including Snyder's brother, Jon. The mayor's sibling has been identified in court records as a confidential informant who wore an undercover wire to tape conversations with James Snyder and others for more than two years.
Jon Snyder, the Porter County assessor, pleaded guilty in federal court last year to a misdemeanor tax charge. He is expected to be sentenced in February.
Changes in the case
There were other "hiccups," a word used by Van Bokkelen during a hearing last year, referencing the delays in the case.
James Snyder hired Thomas L. Kirsch II to represent him when the investigation began in 2014. Kirsch was still his attorney when the indictment was filed.
Kirsch was tapped in 2017 to serve as U.S. attorney for Northern Indiana. Kirsch recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.
Snyder hired Jackie M. Bennett Jr., of Taft Stettinius & Hollister of Indianapolis, to represent him in the case in October 2017. Just this past week he added Neal A. Brackett of the Indianapolis firm of Barnes & Thornburg. Brackett is a member of the firm's white collar crime team.
In March of this year, Bennett filed a motion seeking the indictment be dismissed or, at the least, the present federal prosecutors be disqualified.
Snyder said his Sixth, Fifth and Fourth Amendment rights were violated, claiming investigators and prosecutors had viewed several dozen emails that should have been deemed attorney-client privilege, giving prosecutors an unfair advantage.
They also contended the "taint team" process used to review and sort the emails was flawed.
The claim came with a flurry of motions and series of predominantly closed door hearings in May 2018 on the issue.
Van Bokkelen ruled in late September against Snyder and refused to either dismiss the charges or disqualify the prosecution team. In November, Snyder asked Van Bokkelen to reconsider. Van Bokkelen has not yet ruled on that motion or others, including Snyder's request to suppress evidence involving a conversation with his brother. Those rulings likely will come Monday morning.
Portage mayor's corruption case to start Monday
Chicago Tribune
January 11, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-snyder-corruption-trial-st-0113-story.html
The federal corruption trial of Portage Mayor James Snyder has been delayed four times, but he will get his day in court beginning Monday.
Snyder’s trial could last up to four weeks. Prosecutors will lay out a case in which they allege Snyder schemed to solicit bribes from tow operators to get work from the city, and Snyder took bribes to secure a board of works contract and to skirt tax laws.
Snyder has denied the charges.
“Mr. Snyder never solicited or accepted any bribes from anyone at any time,” Snyder’s defense team said, in a Friday statement. “Mr. Snyder and his defense team look forward to exonerating Mr. Snyder during the trial that begins next Monday.”
Snyder and was indicted in November 2016 on charges of violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from John Cortina, of Kustom Auto Body, and “Individual A” and gave them a towing contract for Portage.
Snyder also was indicted for allegedly accepting $13,000 in connection with a board of works contract and obstructing internal revenue laws.
Cortina was indicted the same day as Snyder, but on Friday pleaded guilty to paying bribes to secure a contract with the city.
The charges say Cortina allegedly gave Snyder checks for $10,000 and $2,000 to get the spot on the towing list.
“At all times, I knew this $12,000 payment to Snyder was a bribe given specifically in exchange for Snyder giving me and ‘Individual A’ a part of the Portage towing,” Cortina said in a plea agreement filed Thursday night.
Snyder’s defense attorneys said Cortina’s guilty plea was “of no consequence.”
Since the indictments, Snyder’s attorneys have made repeated attempts to show that federal investigators erred in reviewing emails between the mayor and his attorneys ahead of his indictment. They argued that the communication fell under attorney-client privilege and advocated for the dismissal of prosecutors on the case and of some of the charges.
Federal prosecutors say Snyder has not presented any evidence that shows his emails were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors or dismiss any charges.
Judge Joseph Van Bokkelen issued an order in which he said, “The court finds that, as carried out in this case, the filter process worked sufficiently, even if the process itself has inherent flaws [it has a semblance of the fox guarding the hen house].”
Van Bokkelen did not see cause to remove the federal prosecutors or dismiss any of the charges, and later rebuffed a request to reconsider his ruling.
‘Juice money’
Federal prosecutors plan to introduce a series of undercover recordings made by “Individual A,” who cooperated with the FBI to gather evidence of pay-to-play towing in Northwest Indiana. The recordings chronicle the tow operator’s process of getting on Portage’s tow list, according to court filings, and document how the confidential source and Cortina each gave Snyder $6,000 by check for his campaign fund and roundtable committee.
In 2016, the source recorded conversations with Cortina where he was reportedly told to pay Snyder to get on the city’s towing list.
During one recorded conversation, Cortina reportedly said Snyder called the money “loans,” but he called it “juice money.”
At an Aug. 9, 2016, meeting, the confidential source recorded a conversation with Cortina where the two discussed the $12,000 payment and getting on Portage’s tow list, according to court documents.
“Uh, I asked the mayor last night if he needs anything. He says he doesn’t need anything,” Cortina said. “So forget it. We gave $12,000.”
“Yeah, I know,” the source said.
“We gave $12,000. I’m, I’m gonna (unintelligible),” Cortina said.
“We, and we gave $12,000 and we got nothing,” the source said.
“Yeah, I know,” Cortina said.
“Until today,” the source said.
“Well, ‘till today,” Cortina replied.
Jackie Bennett Jr., Snyder’s attorney, said the recordings in no way document how the mayor operated and do not show a conspiracy by him to solicit bribes. Cortina’s comments were only bluster, he said.
“… More than two years after indictment, the government cannot produce evidence showing Mr. Snyder made any quid-pro-quo arrangement with Mr. Cortina,” Bennett said, in a December filing. “Absent from the proffer is any evidence that Mr. Snyder knew anything about Mr. Cortina’s private puffery, all of which occurred outside Mr. Snyder’s presence.”
Federal prosecutors say a second prong of the case alleges that Snyder accepted a bank check for $13,000 for contracts approved by the Portage Board of Works, a construction project through the redevelopment commission; and “other consideration.”
Snyder’s attorneys sought to bar the “other consideration” language in the charge. They claimed they cannot prepare a defense for Snyder because the wording is too vague.
Van Bokkelen has asked prosecutors to explain the “other consideration” or risk having the language stricken from the indictment.
Snyder also faces allegations that he schemed to avoid paying federal income taxes and payroll taxes owed by his mortgage business, First Financial Trust Mortgage LLC.
UPDATE: Co-defendant pleads guilty, testifies Portage mayor took $12,000 bribe for towing contract
NWI Times
January 11, 2019
https://www.nwitimes.com/news/local/crime-and-courts/update-co-defendant-pleads-guilty-testifies-portage-mayor-took-bribe/article_2f427af3-1ecd-5421-a0e0-57be44ff280f.html
HAMMOND — After years of working on his campaign, paying for meals and playing chauffeur for Portage Mayor James Snyder, John Cortina only could get on the city's tow list after he paid Snyder a $12,000 bribe, according to testimony Friday.
Cortina, 79, pleaded guilty Friday morning to one count of bribery in Snyder's public corruption case. He will be sentenced April 22.
The plea agreement comes three days before the public corruption trial begins. The trial, now just against Snyder and with Cortina as a cooperating witness, will start Monday morning as planned.
One of Snyder's defense attorneys, Jayna Caccioppo, of Indianapolis, emailed a statement Friday prior to the start of Cortina's hearing.
"Mr. Snyder never solicited or accepted any bribes from anyone at any time. Mr. Cortina's plea is of no consequence to the defense of Mr. Snyder. The plea is unremarkable given Mr. Cortina's age. Mr. Snyder and his defense team look forward to exonerating Mr. Snyder during the trial that begins next Monday," read the statement emailed to The Times.
Accompanied by his attorney, Kevin Milner of Crown Point, Cortina stood before U.S. District Court Judge Joseph Van Bokkelen and admitted to giving Snyder two checks totaling $12,000 in return for being put on the city's tow list.
Answering most questions with a "yes," "yes, sir" or "I understand," Cortina, owner of Kustom Auto Body, laid out the scenario that led to paying the bribe.
Under questioning by Milner, Cortina told the court he had known Snyder for several years and assisted in his campaign for mayor, including driving him around and attending fundraisers. Cortina had requested consideration from Snyder several times between November 2015 and December 2016 to be placed on the tow list.
Each time Snyder brushed him off and avoided giving Cortina an answer.
In his written statement to the court, Cortina stated he initially thought he was friends with Snyder, but after having to "foot the bill" for several dinners, he felt he was being taking advantage of. Cortina stated he continued being friendly with Snyder because he wanted to do business with the city.
It was only when Snyder told Cortina he needed $12,000 to help pay his legal bills, and Cortina delivered the money, that he was put on the tow list, according to testimony.
Cortina worked with Scott Jurgenson, owner of Sampson Towing, to secure the lucrative job. Unknown to Cortina, Jurgenson was working with the FBI investigating public corruption in municipal towing contracts at the time. Jurgenson agreed to front Cortina half of what Cortina referred to as "juice money" in undercover tape recordings.
Cortina "perceived it to be a bribe," Milner said, adding when Cortina had the two checks in hand, he called Snyder and told him it was "Christmas." He met with Snyder 15 minutes later at the offices of Snyder's mortgage company and handed over the checks.
In Assistant U.S. Attorney Phil Benson's explanation of evidence federal prosecutors had against Cortina in the bribery case, he said the checks were made out to Citizens for Snyder, Snyder's campaign fund, and the mayor's roundtable where, Benson said, "they'd eat lunch with Snyder once a month at a hot dog stand."
Benson said Snyder directed Cortina how to make the payment and once he received the two cashiers checks Jan. 27, 2016, Snyder crossed out "donation" on the memo line of the $10,000 check and replaced it with the notation "loan."
Within days of the exchange, Cortina and Jurgenson were informed by Snyder they were on the city's tow list, Benson said.
Van Bokkelen questioned Cortina extensively to assure his understanding of and competency to accept the plea deal.
Van Bokkelen also told Cortina he had to make sure no one was threatening him or offering him any other enticements outside the plea deal.
"Nobody's pushing me," Cortina said, adding he fully understood the ramifications of his actions.
The bribery charges carries a maximum term not to exceed 10 years in prison, a fine of up to $250,000 or a combination of the two. It also requires three years of supervised release.
Van Bokkelen said there could be variations made to the sentencing guidelines.
Tow operator pleads guilty in bribery scheme, will cooperate against Portage mayor
Chicago Tribune
January 11, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-cortina-towing-guilty-plea-st-0112-story.html
A Portage tow operator in undercover recordings said he was “not gonna go sing.”
On Friday the tow operator changed his tune.
John Cortina, 79, of Kustom Auto Body in Portage, pleaded guilty to charges that he allegedly paid bribes to Portage Mayor James Snyder to secure a city towing contract for himself and a confidential source cooperating with the FBI. The charges say Cortina allegedly gave Snyder checks for $10,000 and $2,000 to get the spot on the city’s towing list.
“Are you pleading guilty on your own free will?” asked Judge Joseph Van Bokkelen.
“On my own free will,” Cortina said.
Van Bokkelen asked if Cortina committed the crimes described in the indictment.
“Yes, sir,” Cortina said.
Cortina’s guilty plea came days before Snyder’s public corruption trial begins in Hammond’s federal court.
“Mr. Snyder never solicited or accepted any bribes from anyone at any time,” said the mayor’s defense team, in a statement Friday morning.
“Mr. Cortina's plea is of no consequence to the defense of Mr. Snyder. The plea is unremarkable given Mr. Cortina's age,” the statement said. “Mr. Snyder and his defense team look forward to exonerating Mr. Snyder during the trial that begins next Monday.”
In the plea agreement filed Thursday night, Cortina said, “At all times, I knew this $12,000 payment to Snyder was a bribe given specifically in exchange for Snyder giving me and ‘Individual A’ a part of the Portage towing.”
Snyder has denied the charges and has said that the money was a campaign loan.
“At no time did Snyder and I discuss this $12,000 being a loan,” Cortina said, in the agreement. “The word ‘loan’ with the initials ‘JS” written on the $10,000 check were not written by me.”
Defense attorney Kevin Milner went through the elements of the crime with Cortina, and asked if the he perceived Snyder’s comments about money as requesting a bribe.
“Yes,” Cortina said.
Milner asked if Cortina considered the $12,000 payment to be a bribe.
“Yes,” Cortina said.
Assistant U.S. Attorney Philip Benson said Cortina got to know Snyder when the mayor was making his first mayoral run. Benson said Cortina gave legitimate campaign donates, organized fundraisers, put up signs, distributed literature and even drove Snyder to events.
Benson said Cortina would go to dinner with Snyder and members of his administration after City Council meetings.
“He was, in essence, the guy who got stuck paying the bill,” Benson said.
When Cortina first started asking Snyder about getting on the tow list with a new partner, Benson said, he thought the mayor kept putting him off.
In 2016, a confidential source recorded conversations with Cortina where he was told to pay Snyder to get on the city’s towing list, according to court documents.
Cortina, in court documents, said that as he talked with Snyder to get on the list, the mayor would say, “it takes time, we’ll see, let me work on it.”
“It appeared to me that Snyder kept delaying his decision whether or not to let me back on the tow list,” Cortina said, in the agreement.
By January 2016, Cortina said the situation had changed. The tow operator said as he continued to talk with Snyder, the mayor allegedly started talking about needing money for his campaign fund. Cortina and “Individual A” kicked in the $6,000 each to allegedly give Snyder $2,000 for his roundtable group and $10,000 to the mayor’s campaign committee.
After getting the money, Cortina told Snyder, in a recorded conversation, “Christmas is here.”
“Within a few days, I spoke with Snyder regarding getting on the tow list,” Cortina said in the agreement. “Snyder no longer put off the answers to my towing question.”
“Snyder now indicated that we were all good, and that we would soon be towing for Portage,” Cortina added.
Shortly after Cortina reportedly gave Snyder the $12,000, Benson said the mayor no longer put him off.
“It was you get the towing, you’re on the list – after the payment of $12,000,” Benson said.
Van Bokkelen asked if Cortina agreed with Benson’s description.
“Yes, sir,” Cortina said.
During one recorded conversation, Cortina reported said that Snyder called the money “loans” but he called it “juice money.”
Snyder’s attorneys dismissed Cortina’s comments in the recorded conversations as “private puffery,” according to court documents.
Cortina was indicted alongside Snyder in November 2016.
Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage. Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Cortina’s sentencing is tentatively set for April 22, according to court documents.
Portage Tow Truck Company Owner Pleads Guilty To Bribing Mayor James Snyder
CBS News - Chicago
January 11, 2019
https://chicago.cbslocal.com/2019/01/11/tow-truck-owner-john-cortina-guilty-plea-bribery-portage-mayor-james-snyder/
CHICAGO (CBS/AP) — A Portage tow truck company owner has pleaded guilty to paying $12,000 in bribes to Mayor James Snyder, who faces trial next week on corruption charges.
John Cortina, 79, pleaded guilty Friday to one count of federal program bribery. An indictment in November 2016 accused Cortina of giving Snyder two checks — for $10,000 and $2,000 — in exchange for the city granting a towing contract to his company, Kustom Auto Body, and another towing company owned by a person who was cooperating with a federal investigation of Snyder.
Cortina’s guilty plea comes three days before jury selection is set to begin for Snyder’s trial on corruption charges. In addition to allegedly accepting the $12,000 bribe for the towing contracts, Snyder also is accused of accepting $13,000 for other city contracts or projects from 2013 to 2014. He also faces a charge of obstructing tax laws for impeding the government’s collection of personal taxes he owed and payroll taxes owed by his mortgage business, First Financial Trust Mortgage LLC.
According to published reports, Snyder has denied taking any bribes, and said the $12,000 he received from Cortina was a loan.
However, Cortina stated in a plea agreement that the payments were a bribe.
“At no time did Snyder and I discuss this $12,000 being a loan. The word “loan” with the initials “JS” written on the $10,000 check were not written by me. I directed the teller to type the word “donation” on the memo line of the check and that is what was written on the memo line when I handed it to Snyder,” the plea agreement states.
On the same day Snyder and Cortina were charged in 2016, prosecutors also announced a separate indictment against then-Lake County Sheriff John Buncich, and several other public officials in northwest Indiana. Prosecutors alleged Buncich and his chief deputy, Timothy Downs, schemed to award towing contracts to CSA Towing in Lake Station, in exchange for more than $32,000 in bribes.
Buncich was convicted on five counts of wire fraud and one count of bribery in 2017, and later sentenced to 15 years in prison. He was removed as sheriff immediately after his conviction.
However, federal prosecutors agreed in December that Buncich should be re-sentenced, admitting there was insufficient evidence to convict him on three counts of wire fraud.
Portage tow operator plea agreement
Chicago Tribune
January 11, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-document-portage-tow-operator-plea-agreement-20190111-htmlstory.html
Federal prosecutors contend conversation between Portage mayor and his brother not confidential
NWI Times
January 09, 2019
https://www.nwitimes.com/news/local/crime-and-courts/federal-prosecutors-contend-conversation-between-portage-mayor-and-his-brother/article_8079fbbb-b2e5-556e-8353-f27b574263b0.html
HAMMOND — Federal prosecutors are continuing to argue that certain conversations between Portage Mayor James Snyder and his brother, turned informant, should not be suppressed as they head to trial next week.
James Snyder is facing two counts of bribery and one count of tax evasion. His brother, Jon Snyder, who serves as Porter County assessor, has been identified as a confidential informant for the federal government and is expected to testify during the trial.
As part of a deal, Jon Snyder pleaded guilty to a misdemeanor tax charge in federal court last year. He is expected to be sentenced in February.
In September, James Snyder asked a particular conversation with his brother be suppressed as evidence, because it included trial strategy.
Snyder's attorneys and prosecutors argued the motion during a hearing on Dec. 5 before U.S. District Court Judge Joseph Van Bokkelen. Van Bokkelen said he would rule within 10 days, but has not.
Snyder filed additional sealed supplemental information, including another conversation he believes should be suppressed, on Dec. 17.
Court documents filed Wednesday by prosecutors continue to contend that conversations between Jon and James Snyder do not contain trial strategy.
Any information in those conversations, according to prosecutors, was known "long before" the conversations occurred.
Judge tells prosecutors to fix indictment language in Snyder public corruption case or it will be removed
NWI Times
January 08, 2019
https://www.nwitimes.com/news/local/crime-and-courts/judge-tells-prosecutors-to-fix-indictment-language-in-snyder-public/article_3870ffdd-ab7e-54ed-b431-6c309ffebaf7.html
HAMMOND — Federal prosecutors will have until Friday to tweak language in the indictment against Portage Mayor James Snyder or have a three-word phrase thrown out.
In a ruling Tuesday, U.S. District Court Judge Joseph Van Bokkelen wrote prosecutors must outline what encompasses "other consideration" and introduce evidence tending to prove that conduct at the trial in Count 3 of the November 2016 indictment or remove the language. Count 3 alleges Snyder received a $13,000 bribe in consideration of city contracts.
If the language is not changed, the phrase "and other consideration" will be removed.
In September, Snyder's attorneys filed a motion asking "surplusage" language in Counts 3 and 4 be removed from the indictment.
Snyder requested the first 20 paragraphs of Count 4, which alleges tax fraud involving his personal business, be struck from the indictment, saying they were not relevant and were outside the statue of limitations.
Van Bokkelen ruled against that request, saying the paragraphs were "necessary to understand the scheme."
Portage mayor's public corruption trial could last five weeks
NWI Times
January 03, 2019
https://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-s-public-corruption-trial-could-last-five-weeks/article_5a12d35c-59a3-593e-8900-4ae3feccb532.html
HAMMOND — Portage Mayor James Snyder's public corruption trial could last up to five weeks once it begins Jan. 14, new court records indicate.
A status hearing was held Thursday morning in U.S. District Court Judge Joseph Van Bokkelen's chambers, where, according to records, Snyder's attorneys and federal prosecutors discussed subpoenas, a pending motion, the number of witnesses expected to be called and the length of the trial. None of the details of those discussions were released.
Neither the media nor public were allowed in Van Bokkelen's chambers to monitor the hearing.
Snyder was indicted in November 2016 following a multiple year investigation on two counts of bribery and one count of tax evasion. His trial will run jointly with that of co-defendant John Cortina, owner of Kustom Auto Body. Cortina is accused of bribing Snyder to get on the city's tow list.
Thursday's hearing was initially to be held in open court. However, according to court officials, it was converted to a telephonic hearing at the request of Snyder's Indianapolis-based attorneys.
Records posted following the hearing confirms attorneys are to report at 10 a.m. Jan. 14, with jury selection to begin at 11:30 a.m.
The parties anticipate the trial will last three to five weeks, according to the docket posting.
The first week will be a short week with court recessing at 4 p.m., Jan. 16 and not reconvening until 9 a.m. Jan. 22. No reason was given for the hiatus during the trial's first week. Jan. 21 is a federal holiday, Martin Luther King Jr. Day.
In addition, Van Bokkelen this week issued an order for the court to provide meals each day for jurors through the period of deliberation, citing "security and publicity reasons the jury in this case be committed to the custody of the United States Marshals, duly sworn, and furnished meals for each day of trial, including deliberation."
A telephonic status conference is scheduled for 11 a.m. Jan. 11.
Portage official: Law firm payment needs state review
Chicago Tribune
January 04, 2019
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-stormwater-challenge-st-0104-story.html
Portage City Councilman Collin Czilli has filed a formal complaint with the Indiana State Board of Accounts and asked the agency to review a payment from Portage's Stormwater Management Board to an Indianapolis law firm.
The complaint is the latest entry in a series of events involving the former Utility Services Board.
Czilli, D-5th, said Mayor James Snyder, and not the stormwater board, hired Bingham Greenbaum and Doll to sue the City Council and force the legislative body to break up the former utility board into the sanitary board and the stormwater board.
After months of hammering out details following a court order, Snyder and council members in late 2017 agreed to new board structures and the council abolished the former USB Dec. 31, 2017.
In February 2017, the city council tried firing Snyder as the USB chairman. Snyder hired Indianapolis-based law firm Fagre Baker and Daniels, which wrote a lengthy letter to the city council that stopped them from firing Snyder.
Soon after, the council took over the stormwater board, sparking another row between the council and Snyder, who then hired Bingham.
At its first meeting of 2019 on Wednesday, the stormwater board, made of three Snyder appointees, agreed to pay $231,588 to Bingham for its work last year.
Czilli said the payment was inappropriate, since Snyder hired the firm to represent his office, and the firm began its work even before the stormwater board was formed.
“The Office of the Mayor sued us, the council,” Czilli said. “Of course, it's frustrating. (Snyder) never should've sued the Common Council in the first place. He sued the Common Council because he lost power, and he doesn't like losing power.”
In a written statement, Snyder said the state board of accounts told the city to pay Bingham's legal fees through the stormwater board.
Snyder said the state board told Czilli and another city council member the council's takeover of the board was illegal.
Snyder also said hiring Bingham and passing the legal fees on to the stormwater board was appropriate.
"That's what the State Board of Accounts told us to do," he said.
Northwest Indiana pay-to-play towing investigation keeps federal courts busy in 2018
Chicago Tribune
December 29, 2018
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-federal-corruption-cases-2018-st-1227-story.html
High-profile investigations into alleged pay-to-play towing in Northwest Indiana continued to keep federal judges busy in 2018.
Former Lake County Sheriff John Buncich in January 2018 received a more than 15-year sentence for using his office to solicit bribes from tow operators. His two co-defendants, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, who cooperated with federal investigators, each received two years of probation.
Downs, Szarmach and Buncich were named in a multicount indictment in November 2016 alleging a towing scheme where the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich Boosters, according to court records.
Szarmach was later charged with filing a false tax return, and agreed to pay upward of $89,000 in restitution as a part of his sentence.
The former sheriff, who is being held in a federal prison in Springfield, Mo., received positive news on his appeal Dec. 21.
In his appeal filed with the 7th U.S. Circuit Court of Appeals in Chicago, Buncich argued successfully that there was insufficient evidence to support any of his wire fraud convictions, court records state.
“The United States concedes that it failed to introduce sufficient evidence of ‘Federal reserve payroll fund’ transfers as alleged in counts 1 through 3 of the indictment,” Assistant U.S. Attorney David Hollar wrote in the response.
“Those counts should be vacated, and the case should be remanded for resentencing on the remaining counts,” Hollar said.
The government argued, however, that there was “sufficient evidence” to convict Buncich of his two remaining wire fraud counts, the response states.
Buncich was indicted the same day as Portage Mayor James Snyder, but that case is expected to go to trial in January.
Much of 2018 was spent litigating how federal investigators handled and screened email communications between Snyder and his attorneys. Snyder argued the faulty process exposed the federal trial team to attorney client privileged information, and should warrant the recusal of those assistant U.S. attorneys or the dismissal of some of the charges.
Federal prosecutors said Snyder has not presented any evidence that shows his email communications were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors on the case or dismiss any charges against the Portage mayor.
Judge Joseph Van Bokkelen declined to remove the trial team or dismiss any of the charges.
“The court finds that, as carried out in this case, the filter process worked sufficiently, even if the process itself has inherent flaws (it has a semblance of the fox guarding the hen house),” Van Bokkelen said, in his order.
Snyder’s attorneys have asked Van Bokkelen to reconsider the order.
A former Merrillville town councilman, who federal investigators said during testimony in Buncich’s case was an early target of the towing investigation, was sentenced to 15 months in prison in June.
Tom Goralcyzk admitted he helped a tow operator secure a contract with Merrillville and accepted two used vehicles and other items to make that arrangement.
The charges said that Goralczyk “did knowingly and corruptly solicit demand, accept and agree to accept” a 2000 Jeep Grand Cherokee; a 2008 Ford Focus; four new camper tires; and free storage for a motorcycle from “Individual A” in return for a towing contract from Merrillville, according to court documents.
Goralczyk presented false bills of sale to the Indiana Bureau of Motor Vehicles for the Jeep Grand Cherokee, which he obtained for $400 though the value was in excess of $2,500, and for the Ford Focus, which he accepted for free though it was valued in excess of $5,000, according to court documents.
Lake County’s former deputy chief of police was pulled into Buncich’s case in April, when he was charged for lying to the FBI when he was interviewed by federal investigators about towing operations.
Dan Murchek, 58, of Schererville, was sentenced in September to two years of probation by federal Judge James Moody. Murchek was indicted in April for allegedly making false statements to the FBI, according to court documents, and reportedly lied to investigators during an interview about towing operations under convicted former Buncich when the former deputy chief was asked about campaign contributions he received from a tow operator.
During the fall of 2016, Murchek had announced he planned to run for sheriff during the 2018 election, as Buncich had served two consecutive terms and was prohibited by term limits from running again.
On Sept. 23, 2016, Murchek met with “Person A,” who was recording the meeting in cooperation with the FBI, and discussed how to structure a campaign donation to avoid Indiana’s limitation on business contributions, according to court documents.
The indictment said “Person A” allegedly gave Murchek a $1,000 donation from his business, which was a towing firm that did work for the Sheriff’s Department, and a personal check for $500 from one of the business’ employees. “Person A” had given an employee $500, according to the U.S. Attorney’s Office, and the employee then wrote a check to Murchek’s campaign.
During a November 2016 interview with the FBI, agents asked Murchek about contributions from “Person A,” according to the indictment, but he denied structuring the donation to skirt Indiana campaign donation limits.
Moody, during Murchek’s September sentencing, decried the former deputy’s chief’s conduct.
“You’ll be remembered as a crook,” Moody said.
“Yes, sir,” Murchek said, during sentencing.
The Porter County assessor in October was indicted on a tax charge related to his personal business, according to court documents, but is expected to cooperate against the Portage mayor, his brother.
Jon Snyder, 42, has pleaded guilty to failing to supply information to the IRS, a misdemeanor charge.
Snyder, as owner of Shoreline Appraisals Inc., allegedly failed to give the IRS an “Informational Return 1099 Form, which is a requirement for non-employees who received more than $600 in payments during a calendar year, according to court documents.
Snyder and Shoreline Appraisals allegedly failed to file the document for “Person A,” who was paid more than $5,000 in 2013, according to court documents.
The long-running case against employees at the Calumet Township Trustee’s office wound down in 2018.
Former Trustee Mary Elgin, 74, was sentenced in May to a year and a day in prison after she pleaded guilty to two counts of wire fraud, one count of conspiracy to commit wire fraud and one count of failure to file a tax return. She is being held at a federal prison in Pekin, Ill. She has a June 28 release date, according to Bureau of Prisons website.
Elgin used township employees and offices to run political campaigns and raise money for political fundraisers. “The higher the employee's salary, the more tickets employees were given and expected to purchase” for the fundraisers, court records state.
Steven Hunter, Elgin’s son who was head of the township's information systems technology department, was sentenced to a year of supervised release after also taking a plea deal.
Ethel Shelton, Elgin’s secretary, and Alex Wheeler, supervisor of the township's Job Search Works, chose to go to trial in April. The jury acquitted Wheeler, but convicted Shelton of conspiracy to commit wire fraud and conspiracy to commit honest services wire fraud.
Shelton’s motion for a mistrial is pending and is scheduled for a hearing in February.
Judge orders exchange of information in Portage mayor's public corruption case
NWI Times
December 12, 2018
https://www.nwitimes.com/news/local/crime-and-courts/judge-orders-exchange-of-information-in-portage-mayor-s-public/article_7c6e2824-b471-5be1-b984-827147e084ad.html
HAMMOND — Federal prosecutors in Portage Mayor James Snyder's public corruption case have been ordered to turn over all recordings to Snyder's defense team by Friday.
U.S. District Court Judge Joseph Van Bokkelen granted a motion filed by Snyder's attorneys earlier this week which asked prosecutors to not wait until the Friday before the Jan. 14 trial to turn over exhibit and witness lists.
Van Bokkelen also ordered prosecutors and Snyder to simultaneously exchange exhibit and witness lists by 5 p.m. Dec. 21, according to court records.
Van Bokkelen and attorneys from both sides held a conference call on Tuesday over scheduling issues. According to court records, Van Bokkelen reaffirmed the trial would begin Jan. 14, but added it could be a short first week with the possibility of not holding court Thursday and Friday of that week. The court filing did not disclose reasons for the scheduling issue discussion.
The trial is expected to last three weeks. Snyder was indicted in November 2016 on two counts of bribery and one count of tax evasion.
Court filings continue in Portage mayor's public corruption case
NWI Times
December 11, 2018
https://www.nwitimes.com/news/local/crime-and-courts/court-filings-continue-in-portage-mayor-s-public-corruption-case/article_99fd02a7-4088-5394-b731-546180925ec6.html
HAMMOND — With just over a month before the beginning of Portage Mayor James Snyder's public corruption trial, legal filings continue in the case.
Late Monday federal prosecutors filed their response to Snyder's request for U.S. District Court Judge Joseph Van Bokkelen to reconsider his September ruling involving whether prosecutors unfairly viewed attorney/client privileged emails. Van Bokkelen ruled against Snyder. Snyder was seeking the indictment be dismissed or, at the least, the federal trial team be disqualified.
Late last month, Snyder's attorneys filed a motion asking Van Bokkelen to reconsider his decision, citing errors.
"Defendant offers no new arguments or points of law that he has not already raised and this court correctly applied the law to the facts of this case in resolving the motion to dismiss," federal prosecutors wrote in the 24-page response.
Tuesday, Snyder's attorneys filed a third motion to compel, requesting the court to order federal prosecutors to produce witness and exhibit lists to Snyder by this Friday instead of a few days before the trial is set to begin. The motion cites the "titanic amount" of documents in the case and the need of time to review the lists likely generated by the number of documents.
Snyder was indicted Nov. 17, 2016 on two counts of bribery and one count of tax evasion. He and co-defendant John Cortina, who is charged with one count of paying a bribe, are set to go on trial Jan. 14.
Judge says court getting to 'end of' final pending motions before Portage mayor's trial
Chicago Tribune
December 05, 2018
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-motion-rulings-st-1206-story.html
A federal judge ruled on some of the Portage mayor’s final lingering motions before his public corruption trial next month but said he needed more to decide whether James Snyder’s Sixth Amendment rights were violated.
Snyder appeared Wednesday in Hammond’s U.S. District Court for a hearing on his requests to exclude some undercover recordings and information, which he claimed were protected under attorney-client privilege.
Snyder and his co-defendant, John Cortina, of Kustom Auto Body in Portage, are set to begin their three-week trial Jan. 14. The two have pleaded not guilty after they were indicted in 2016 with allegedly violating a federal bribery statute when the mayor solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder is also charged with obstructing Internal Revenue Service laws.
Judge Joseph Van Bokkelen said the January trial date was firm unless there was an extreme unforeseen circumstance that arose.
There have been dozens of motions filed in the two years since Snyder was first indicted, but Van Bokkelen said Wednesday they were finally getting to the “end of it.”
“We’re going to chip away at these things,” Van Bokkelen said.
Snyder argued that his Sixth Amendment rights were violated when a conversation he had with his brother, Jon Snyder, about his strategy with his then-attorney and now-U.S. Attorney Thomas Kirsch II was reported to investigators.
On Dec. 5, 2016, a month after he was indicted, James Snyder told his brother that Kirsch “suggested Snyder think about hiring another attorney because Kirsch’s calendar did not line up well with Snyder’s upcoming trial in January,” court records state. James Snyder said that he and Kirsch had also been “working on tax issues,” according to court records.
Jon Snyder, who pleaded guilty in October for failing to file a tax form, was an informant for the FBI at the time, attorneys said. He reported this information to FBI Agent Donald Cooley with the FBI’s Merrillville office, who wrote a report that then went to federal prosecutors, Jayna Cacioppo, one of James Snyder’s attorneys, said.
“That information should have never been allowed to get to the trial team, but it did,” Cacioppo said.
Cacioppo argued that this violated Snyder’s Sixth Amendment right and that the information should be excluded at trial.
“The information wasn’t gathered improperly,” Assistant U.S. Attorney Philip Benson said. “… There was absolutely no violation here.”
After James Snyder’s indictment, there was still an ongoing investigation whether had the mayor had improperly obtained over $90,000 from the city’s utility services board to cover attorney fees over questions about a trip he took to Austria, Cooley said.
Cooley, who has since retired from the FBI, testified that Jon Snyder was clearly instructed about the Sixth Amendment and not to solicit information from his brother about conversations he had with his attorneys.
“We told him to minimize the contact” and “don’t bring it up,” Benson said.
Jon Snyder avoided calls and texts from his brother for months, and Cooley and Benson went through some of the messages Wednesday. James Snyder sent his brother a January 2017 email with the subject line “something is up.”
“I need a friend and a brother right now…,” James Snyder wrote in the email.
But if the brothers were talking at a family gathering and James Snyder “blurts out” what he talked about with his attorney, “what are you supposed to do? Bolt out of the room?” Benson asked. Benson argued that was “unrealistic.”
Van Bokkelen said he would make a ruling on the issue in the next 10 days.
Snyder also tried to exclude some undercover recordings at trial.
In May 2014, a confidential informant met with James Snyder in the mayor’s office and recorded a conversation about which companies were on the Portage tow list, court records show.
Snyder’s attorneys argued that this recording should be excluded because it wasn’t turned over to the defense until this fall. Benson countered that the government turned over the recording as soon as prosecutors were aware of it, and that information from the recording was given to the defense in an earlier report.
Van Bokkelen ruled that the recording could be played at trial.
Snyder also asked to keep recordings made of Cortina out of the trial. His attorneys argued that the government filed its Santiago proffer — a document that essentially lays out the government’s case — late, which should keep the recordings out.
Van Bokkelen denied that motion, too.
Before the hearing ended, Van Bokkelen reminded the defense and government about civility.
“I’m a big guy on civility,” the judge said.
Attorneys can be aggressive at trial, but if the trial gets uncivil, that “will not be tolerated,” Van Bokkelen said.
“I’m talking both sides,” the judge said.
Judge in Snyder public corruption case scolds attorneys, says trial will go forward Jan. 14 'unless I drop over'
NWI Times
December 05, 2018
https://www.nwitimes.com/news/education/judge-in-snyder-public-corruption-case-scolds-attorneys-says-trial/article_9cfb6af9-fa4e-5052-941d-2aa02d1bacd2.html
HAMMOND — A rift between attorneys Wednesday during a hearing prior to Portage Mayor James Snyder's public corruption trial caused the judge to issue a warning about being civil.
During defense attorney Jackie Bennett Jr.'s cross-examination of the lone witness in the hearing, retired FBI Agent Donald Cooley, Bennett began asking Cooley about the fate of fellow FBI Agent Eric Fields, who also was involved in Snyder's investigation.
Bennett asked Cooley if he knew if Fields was transferred because of a disciplinary issue.
Cooley replied Fields was promoted and transferred.
Assistant U.S. Attorney Philip Benson objected to the questioning as not being relevant.
Bennett pressed Cooley about any disciplinary problems involving Fields; confidential informant and the mayor's brother Jon Snyder; and Jon Snyder's attorney, Christopher Buckley. Bennett asked Cooley if he knew if Fields was disciplined for trying to force Buckley to turn over records. Bennett continued asking Cooley about the alleged incident, including a meeting between Buckley and Benson.
Benson immediately objected, accusing Bennett of making up facts and telling U.S. District Court Judge Joseph Van Bokkelen he would immediately take the stand and testify under oath that Bennett was lying.
Van Bokkelen reeled the two in and redirected the testimony, but he issued a warning near the end of the two-hour hearing.
"I'm a big guy on civility," Van Bokklen said, warning both sides that if civility isn't maintained, they "will be called out."
He also told them the case, stemming from a November 2016 indictment of James Snyder on two counts of bribery and one count of tax evasion, has "had hiccups all the way along." The hiccups, he said included a change in judges along with a change in Snyder's defense team after his original attorney, Thomas Kirsch, was appointed U.S. attorney for Northern Indiana.
Despite the hiccups and any others that might come up in the next month, the trial will go forward Jan. 14 "unless I drop over," Van Bokklen said.
On Wednesday, Van Bokklen heard testimony on a defense motion to suppress evidence, claiming a Dec. 5, 2016, text between James Snyder and his brother, Jon Snyder, the Porter County assessor, was confidential.
Jon Snyder, who recently pleaded guilty to a misdemeanor tax charge in federal court, worked as a confidential source for the FBI for at least three years. He reported the conversation to investigators. Investigators then reported the conversation to prosecutors.
The conversation included trial strategy and was attorney/client privileged, said defense attorney Jayna Cacioppo, adding Jon Snyder was acting as an agent of the government.
In the text, James Snyder told his brother Kirsch suggested he hire another attorney because Kirsch's calendar did not mesh with the original trial date set in January 2017. James Snyder also told Jon Snyder the tax issues in the indictment were unfounded and work being done by the Dogan & Dogan law firm and Kirsch involved tax issues and was for James Snyder's wife.
"He should have stopped listening," Cacioppo said during her closing argument, adding it violated James Snyder's Sixth Amendment right to a fair trial.
Bennett asked that any evidence obtained by the government after Jan. 23, 2017, the date of the original trial, be suppressed during trial.
Benson disagreed, saying the information came during the investigation of James Snyder's possible attempt to defraud the city and, if it were a violation, the information contained wasn't a surprise, unexpected or helpful to the government.
Cooley, who was one of Jon Snyder's handlers during the investigation into his brother as well as other public corruption investigations within Porter County, said the FBI also was investigating whether James Snyder attempted to use some $93,000 in Portage Utility Service Board funds to pay his attorneys.
Cooley testified once James Snyder was indicted, Jon Snyder was instructed not to broach certain subjects, to ignore him as much as possible and, if James Snyder initiated a conversation, to just listen. He added they were interested in the Dec. 5, 2016, conversation because it contradicted claims James Snyder made to others regarding the $93,000 payments to attorneys from city coffers.
Cooley said he did not believe it violated James Snyder's rights because James Snyder was not under indictment for possibly defrauding the city of the funds, nor had Jon Snyder initiated the conversation.
Van Bokklen said he would issue a ruling within 10 days.
Van Bokklen did rule against the defense team on two other motions filed in the case. The motions involved requests to exclude a tape recording from evidence and punishing prosecutors for filing the 83-page proffer, which included transcripts of undercover tape recordings, after deadline.
Defendant James J. Snyder's Santiago Response
USDC--IN/ND--Case-2:16-cr-00160-JVB-JEM--Document-185--Filed-12/03/18
Portage mayor's actions were more 'naive' than criminal says defense
NWI Times
December 04, 2018
https://bloximages.chicago2.vip.townnews.com/nwitimes.com/content/tncms/assets/v3/editorial/c/24/c24b7e7e-73a6-518e-a2f0-47c091e6d30c/5c07193f1780e.pdf.pdf
Portage mayor's actions were more 'naive' than criminal, says defense
NWI Times
December 04, 2018
https://www.nwitimes.com/news/education/portage-mayor-s-actions-were-more-naive-than-criminal-says/article_6a81bc43-a2a7-5eb3-a8ab-7c5236653b3d.html
HAMMOND — Portage Mayor James Snyder's actions were more out of naivety than criminal intent, according to his defense team in the latest filing in the public corruption case.
Snyder's attorney Jackie M. Bennett Jr., of Indianapolis, filed a 22-page response to prosecutors' 83-page proffer filing last month that offered excerpts of undercover tapes between Snyder's co-defendant John Cortina and a confidential source.
"Mr. Snyder is innocent and naïve to a fault," Bennett writes, saying while Cortina and the informant spoke about a $12,000 bribe to have the informant's towing company placed on the city's tow list, Snyder always saw the exchange of money as a loan from Cortina.
"So even if Mr. Cortina, at CHS1’s (confidential human source) urging, privately play acted the role of a 79-year-old gangster, yukking it up about 'juice money,' the government’s own proffer proves Mr. Snyder had no idea what they were talking about," writes Bennett.
In two counts of the four-count federal indictment handed down in November 2016, Snyder is accused of accepting the bribe from Cortina and Cortina is accused of paying the bribe. Snyder was also indicted in two additional counts not involving Cortina, including another bribery count and tax evasion involving his personal business.
Bennett also writes that Snyder's brother, Jon Snyder, Porter County assessor, acted as a government informant, in an attempt to discredit James Snyder on his statements that the $12,000 from Cortina was a loan.
"The brother (CHS2) then went to Mr. Cortina, hoping for evidence that might contradict Mr. Snyder’s expressed belief, evidence that he and Mr. Cortina planned to call it a loan simply to cover their tracks. As CHS2 prodded, 'I wonder why then uh, I wonder why, I wonder what my brother’s doing trying to call it a loan. Like I’m wondering like does that make it legal? I don’t know. I’m not sure what his uh strategy is there.' That would have been a real smoking gun, if Mr. Cortina responded by saying that they planned to call it a loan to cover their tracks, but he said nothing of the sort. Instead he responded with an unintelligible non-sequitur," according to the filing.
Jon Snyder was later convicted in federal court on a misdemeanor tax count and is also expected to testify Wednesday during a hearing on a motion to suppress evidence by Snyder's team, among other matters.
Bennett also contends federal prosecutors left out excerpts of tapes which would have favored his client and included information which had no relevance to the case, but made Snyder look bad. He also contends Snyder had no knowledge of the conversations between Cortina and the informant and was oblivious to the conspiracy between Cortina and the informant.
"Absent from the proffer is any evidence that Mr. Snyder engaged in wrongful conduct. There is no evidence he induced, participated in, or knew of the conversations. Also absent is significant exculpatory evidence, which provides context and affirmatively proves Mr. Snyder is innocent and was not involved in any conspiracy," writes Bennett.
Bennett also writes the government sent the informant to Snyder to see if he would take bribes, but he did not. Instead, writes Bennett, Snyder was more concerned about the company helping "proverbial 'little old ladies' out of the ditches free of charge." He also contends it was 18 months later, after Cortina and the informant schemed to get Snyder to take the money, that the informant's company was added to the list.
Bennett also contends Cortina made donations to Snyder's political campaigns and his mayor's roundtable for years without any concern of illegality. He also said Cortina had previously been on the city's tow list with another towing firm and was removed without any change in status of donations.
The filing also denies Cortina provided cash to Snyder, paid for vacations, Christmas presents, fireworks, Chicago Blackhawks tickets and food, calling them "false hearsay allegations."
Snyder says undercover recordings fail to show bribery conspiracy
Chicago Tribune
December 04, 2018
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-proffer-response-st-1205-story.html
Attorneys for indicted Portage Mayor James Snyder say a series of undercover recordings fail to show a conspiracy to allegedly solicit bribes, but only showed “private puffery” on the part of a tow operator.
Defense attorney Jackie Bennett Jr. on Monday said that the undercover recordings do not prove that a conspiracy existed and a judge should bar them from being used during Snyder’s upcoming corruption trial. Federal prosecutors have asked the judge to allow them to use the undercover recordings against Snyder during trial to show that the mayor was involved in a conspiracy with tow operators.
“There is no evidence he was a conspirator,” Bennett said, in court filings. “There is no evidence he induced, participated in, or even knew of the hearsay conversation the government seeks to admit through its Santiago proffer.”
The Santiago proffer aims to demonstrate a conspiracy and looks to a judge to allow prosecutors to admit statements from other parties against a defendant.
A series of undercover recordings made by a tow operator cooperating with the FBI documented conversations with John Cortina, of Kustom Auto Body in Portage and the mayor’s co-defendant in the case; Snyder; and other officials.
Bennett said the recordings do not show that Snyder had any knowledge of a reported scheme to get towing business in Portage and it cannot be established that he was a party to any conspiracy.
In November, Assistant U.S. Attorney Philip Benson filed a document that relied on undercover recordings to show proof of an alleged conspiracy between the mayor and tow operators to solicit bribes in exchange for a spot on Portage’s tow list.
“The government’s evidence will establish that defendants Snyder and Cortina engaged in, or aided and abetted in, a conspiracy or joint venture, to commit bribery through the payment and receipt of funds disguised as campaign contributions to further the personal and political interests of the defendants,” Benson said, in court documents.
Benson said that in 2016, a confidential source, who operated a tow company, recorded conversations with Cortina where he was told to reportedly pay Snyder to get on the city’s towing list. Benson said that the source and Cortina allegedly each gave Snyder $6,000, in check form, to the Portage mayor’s campaign fund and “roundtable” committee, according to court documents.
During one recorded conversation, Cortina reportedly said that Snyder call the money “loans” but he called it “juice money.”
“…More than two years after indictment, the government cannot produce evidence showing Mr. Snyder made any quid pro quo arrangement with Mr. Cortina,” Bennett said. “Absent from the proffer is any evidence that Mr. Snyder knew anything about Mr. Cortina’s private puffery, all of which occurred outside Mr. Snyder’s presence.”
Bennett said the government’s proffer has shown in the conversations between Cortina and the confidential source that Snyder understood the payments were loans to his campaign committee.
“So even if Mr. Cortina, at CHS1’s surging, privately play acted the role of a 79-year-old gangster, yukking it up about ‘juice money,’ the government’s own proffer proves Mr. Snyder had no idea what they were talking about.”
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder allegedly accepted two checks, one for $10,000 and another for $2,000, from Cortina and “Individual A.”
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works contract.
Additional charges allege that Snyder obstructed internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
EDITORIAL: Verbal jabs won't patch pothole in Portage leadership
NWI Times
The Times Editorial Board
Nov 27, 2018 Updated Dec 3, 2018
https://www.nwitimes.com/opinion/editorial/editorial-verbal-jabs-won-t-patch-pothole-in-portage-leadership/article_d0ec1f70-f564-5ab6-834a-c137dd56df2b.html
The hits to both municipal reputation and taxpayer trust just keep coming in the city of Portage, and poor leadership is to blame.
As embattled Mayor James Snyder and Clerk-Treasurer Chris Stidham point fingers and exchange jabs, Portage residents and their infrastructure are losing out.
Times reporter Joyce Russell's Sunday article revealed Portage has been disqualified from any 2018 matching funds from the state Community Crossings program, an important means of obtaining Indiana government support for local road infrastructure projects.
It's all because Portage couldn't get its act together and pay a bill for required reimbursement to the state for previous projects.
Adding insult to injury, an incomplete road construction project may be jeopardizing the city's eligibility for the 2019 initial round of funding from the grant program.
Taken together, those follies could mean Portage will miss out on as much as $2 million in road project funds over two years.
A major genesis behind the unacceptable mishap is municipal officials failing to repay in a timely fashion some $130,000 in funds owed to the state for projects that came in under budget related to the 2016 matching grant program.
Mayor Snyder, already reeling from the embarrassment of a federal felony bribery indictment, blames elected Clerk-Treasurer Stidham for not cutting the check on time.
Stidham points the finger at Snyder, noting the city received an invoice from the Indiana Department of Transportation to pay the reimbursement in April.
He also noted reminder emails were sent to Snyder and other city officials in June and July, but the payment ended up being late.
Making matters worse, a city wheel tax charged to residents is supposed to be keeping the matching funds opportunities intact for the city.
In a weekend Facebook post regarding the overall issue, Portage City Councilman Collin Czilli rightly notes that Portage taxpayers are the ultimate losers in this mess.
"Now, because of poor execution, your tax dollars won't be matched. This is unacceptable," Czilli wrote in his post.
Let's hope a federally indicted mayor and other city officials stop verbally targeting one another long enough to sort out a solution to keep this from happening again.
It may be an order too tall for some the city's key officials.
Portage residents deserve better.
Indicted Portage mayor asks judge to reconsider decision to dismiss indictment
NWI Times
November 26, 2018
https://www.nwitimes.com/news/local/crime-and-courts/indicted-portage-mayor-asks-judge-to-reconsider-decision-to-dismiss/article_bb4ed6eb-7724-5bc0-af2b-b1cc80d8ba6b.html
HAMMOND — Attorneys for indicted Portage Mayor James Snyder are again asking for the charges against him to be dismissed, or the prosecution team be disqualified.
In a motion to reconsider filed in U.S. District Court Sunday, Snyder's lead attorney, Jackie M. Bennett Jr. of Indianapolis, writes the court erred on two aspects when it made its original ruling on Sept. 27.
U.S. District Court Judge Joseph Van Bokkelen ruled against Snyder in September over Snyder's claim that emails protected by the attorney-client privilege were viewed by prosecutors and harmed his chance to get a fair trial.
Van Bokkelen also ruled against Snyder's claim that the process to review such privileged emails was faulty.
Snyder contended in May that emails protected by attorney-client privilege got through a three-tiered taint team, and were viewed by prosecutors. A taint team is a review process created to ensure that privileged emails are not seen by prosecutors.
That claim led to several hearings, held mostly behind closed doors, where emails were reviewed and the review process was scrutinized.
Snyder was indicted in November 2016 on three counts, including bribery and tax evasion. His trial is set for Jan. 14.
In the latest motion, Bennett writes the September order was wrong in regard to the definition of work product and on a Sixth Amendment attachment issue. Citing several legal cases, Bennett writes there is no precedent to back the court's ruling. Bennett maintains the contention that emails viewed by the prosecution team should be considered protected at attorney-client privilege.
"The court’s order — adopted from the government’s erroneously narrow view — is contrary to Supreme Court precedent, 7th Circuit precedent, the rules of civil procedure, the rules of criminal procedure and every other authority bearing on the topic," Bennett wrote.
"Mr. Snyder’s argument is simple. When the government seizes the work product of a criminal defense attorney and his client pre-indictment, it makes it difficult if not impossible for that criminal defense attorney to provide effective assistance post-indictment," Bennett stated regarding the Sixth Amendment issue.
"The validity of the order depends on erasing what the work product doctrine has meant since its inception, and requires the court to be the first in the nation to find no Sixth Amendment implications in a pre-indictment attack on an attorney-client relationship with a defense attorney," wrote Bennett, renewing the call to dismiss the indictment or disqualify the trial team.
Bennett also suggests the issue be discussed during a hearing Dec. 5.
Snyder asks judge to revisit email communications ruling
Chicago Tribune
November 26, 2018
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-communication-reconsideration-st-1127-story.html
Attorneys for indicted Portage Mayor James Snyder want a federal judge to reconsider a ruling that found federal investigators did not illegally access and use attorney-client email communication.
Jackie Bennett Jr., one of Snyder’s defense attorneys, is asking that Judge Joseph Van Bokkelen reconsider a September order that affirmed a screening process used by federal investigators to review seized email communications, which found that prosecutors did not err in reviewing potentially privileged materials.
Bennett said the court should reconsider the motion now instead of during an appeal, should one be needed.
“If allowed to stand, it will make it practically impossible for white collar defense attorneys, or any defense attorneys, to practice in this district,” Bennett wrote. “Until the order is reconsidered or withdrawn, no one practicing defense work should or could feel safe communicating with their client via email – the predominant form of communication today.”
Bennett said Van Bokkelen’s order used an incorrect interpretation of work product to view the case, and how the order characterized the government’s ability to seize and use attorney-client material.
“The validity of the order depends on erasing what the work product doctrine has meant since its inception, and requires that court to be the first in the nation to find no Sixth Amendment implications in a pre-indictment attack on an attorney-client relationship with a defense attorney,” Bennett wrote in his motion.
For much of 2018, Snyder’s defense attorneys sought to establish that emails communications seized by federal investigators were mishandled and used by prosecutors to gain an advantage over the mayor’s preparations against charges filed in November 2016.
Snyder’s defense attorneys said the charges should be dismissed or trial attorney disqualified if those email communications were accessed. Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents, and the trial team accessed and used privileged communications.
Federal prosecutors said Snyder has not presented any evidence that shows his email communications were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors on the case or dismiss any charges against the Portage mayor.
Van Bokkelen declined to remove the trial team or dismiss any of the charges.
“The court finds that, as carried out in this case, the filter process worked sufficiently, even if the process itself has inherent flaws (it has a semblance of the fox guarding the hen house),” Van Bokkelen said, in his order.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Portage Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Prosecutors in Portage corruption case claim delay in materials doesn't prejudice case
NWI Times
November 23, 2018
https://www.nwitimes.com/news/local/porter/prosecutors-in-portage-corruption-case-claim-delay-in-materials-doesn/article_a4a726bb-3408-5ad9-ac3e-59065f800f7e.html
HAMMOND — In the 183rd document filed in the public corruption case against Portage Mayor James Snyder, prosecutors contend neither a recording produced late nor a missed deadline in filing a summary of evidence recently will harm the case.
Assistant U.S. Attorneys Philip Benson and Jill Koster filed a response late Wednesday in answer to two motions filed by Snyder's attorney, Jackie M. Bennett Jr., of Indianapolis, earlier this month.
On Nov. 8, Bennett filed a motion asking the court to exclude any information involving any materials federal prosecutors produced on Oct. 16, contending prosecutors have been continually late in handing over discovery in the trial slated to start Jan. 14.
On Nov. 17, Bennett filed a motion to exclude any out-of-court recordings involving Snyder's co-defendant John Cortina because the government was late in filing a summary of evidence due Nov. 16.
Snyder, indicted in November 2016, is facing two charges of bribery and one charge of tax evasion. Cortina is charged with one court of providing a bribe.
In Wednesday's filing, prosecutors wrote they have collected "over 120,000 pages/items of evidence in this complex case." One was a May 2014 recording, which, they write, was delayed because of the mid-prosecution recusal of most of their staff and a turnover of FBI agents in this case.
"Contrary to defendant's baseless and conclusory assertions, the government has not at any time purposefully held back Rule 16 from its discovery productions," states the prosecutors' response.
Prosecutors admitted they were delayed in filing the summary of evidence by 48 hours, over a weekend, but stated it was best to turn in a completed document rather than ask for an extension.
Prosecutors claim neither of the issues prejudice Snyder's case.
Release of undercover recordings renews call for Portage mayor's resignation
NWI Times
November 21, 2018
https://www.nwitimes.com/news/local/crime-and-courts/release-of-undercover-recordings-renews-call-for-portage-mayor-s/article_04b3b435-e851-5a53-8ed6-f1043b950ac7.html
PORTAGE — The release of excerpts from undercover recordings in court documents earlier this week has renewed calls for Mayor James Snyder to resign.
Portage City Council President Mark Oprisko, D-at large, in an email to Snyder, has asked for not only Snyder's resignation, but also of two unindicted co-conspirators possibly involved in an alleged bribery scheme between Snyder and his co-defendant John Cortina, owner of Kustom Auto in Portage.
Councilman Collin Czilli, D-5th, joined Oprisko in the request.
Councilman John Cannon, R-4th, the lone Republican on the City Council, also issued a statement, expressing his disappointment in the content of the transcripts, but said he is awaiting Snyder's trial in January to issue an opinion.
Snyder did not immediately return a request for comment Wednesday morning.
Federal prosecutors released an 83-page document earlier this week outlining the alleged conspiracy between Snyder, Cortina and a confidential source, identified only as Individual A, to provide Individual A with a tow contract with the city in exchange for $12,000 given to Snyder.
Two unindicted co-conspirators were identified in the court filing as Public Official 1 and Public Official 2. The two allegedly were involved in discussions and actions which ultimately resulted in Individual A receiving a tow contract with the city.
"Mayor, my sole opinion is that I truly feel it is time for you to immediately step down as the mayor of the city of Portage. On and around January of 2017 John Cannon and myself asked you to resign for the benefit of our city moving forward," Oprisko wrote to Snyder. "During that same period of time other elected officials also asked you to resign. Your leadership abilities have deteriorated to the point where it is a disgrace to the residents of the city."
Oprisko also called for Public Official 1 and Public Official 2, if still a part of Snyder's leadership team, to resign immediately.
Oprisko said the federal prosecutor's proffer filed earlier this week was "an eye-opening document that painted a negative picture of our city to all of Northwest Indiana."
"I understand you are anxious to get your trial underway; however, I cannot wait any longer due to the negative implications the past two years that has given Portage a black eye. Once again it’s time for the charade to end for the benefit of our city. Resign," Oprisko said.
"Like many others I couldn't help but shake my head in disappointment," Cannon said in a news release, adding that since Snyder's indictment in November 2016, the city has "had a series of gut punches in regards to an FBI investigation and federal corruption case."
"I am beyond disappointed that James would put himself in such a situation with a city contractor," Cannon said. "They say a picture paints a thousand words, and this is no exception. Our constituents and taxpayers deserve better."
"The latest release of transcripts of conversations regarding towing contracts is a sign that residents deserve better from those in high office," said Cannon, adding that he believes in due process and does not "want to play judge and jury."
"All of that evidence isn't in our hands, it is in the hands of the prosecutors. And soon Mayor Snyder will be on trial. Snyder deserves his day in court. I continue to pray for his family and for our great city," Cannon said.
"The cloud over our city has only become darker since I first called on Snyder to resign. I still believe that it is best he resign so we can move on and rebuild trust with Portage residents," Czilli said in a written statement Wednesday.
Transcripts: Defendant describes alleged bribes to Portage mayor as "juice money"
NWI Times
November 19, 2018
https://www.nwitimes.com/news/local/crime-and-courts/transcripts-defendant-describes-alleged-bribes-to-portage-mayor-as-juice/article_664f27e5-351c-511c-8efd-9754a006e597.html
HAMMOND — Calling it "juice money," a Portage contractor detailed how to disguise alleged bribes as campaign donations to Mayor James Snyder, transcripts of undercover recordings filed by federal prosecutors state.
Portage Mayor James Snyder's criminal defense attorney is trying to quash those undercover recordings, which federal prosecutors say link Snyder to a bribery scheme.
Transcripts of the undercover recordings of conversations among Snyder, co-defendant John Cortina, a confidential informant and others filed Sunday in U.S. Federal Court detail evidence prosecutors hope to introduce when Snyder's public corruption trial begins in January.
The 83-page document includes transcripts of secret recordings beginning May 29, 2014, and ending Nov. 10, 2016, six days before Snyder and Cortina were indicted. Cortina, owner of Kustom Auto of Portage, was charged with one count of paying a bribe. Snyder was charged with accepting that bribe.
Snyder also faces two additional charges, including another bribery charge and tax evasion involving his mortgage company. Snyder and Cortina's joint trial is scheduled to begin Jan. 14.
Snyder is hoping those undercover tapes will be thrown out before they ever reach a jury's ears.
In a motion filed Saturday by Snyder's attorney, Jackie Bennett Jr., of Indianapolis, his defense contends that prosecutors missed the Nov. 16 deadline to file the summary of evidence.
"Mr. Snyder cannot prepare a defense to a secret case," Bennett wrote, adding prosecutors have missed several deadlines.
Because prosecutors have missed deadlines, Snyder's defense team is asking the court to rule "that the government cannot introduce any of the out-of-court recordings of Mr. Cortina in a trial involving Mr. Snyder," Bennett wrote.
Bennett contends the recordings are "hearsay," and their introduction is prohibited by rules of evidence.
The tapes, according to prosecutors, provide evidence of a conspiracy in the bribery case — and that the excerpts filed in Hammond federal court may be just a tip of the iceberg when the trial begins.
"The government expressly reserves the right to offer additional statements of indicted and unindicted co-conspirators," according to the government's filing.
Who is on the tapes?
Two of the "unindicted co-conspirators" in the tapes are referred to as Public Official 1 and Public Official 2, who, according to the transcripts, acted as lead people between Snyder, Cortina and Individual A, also referred to as the Confidential Human Source. The CHS was described as a retired police officer and owner of a Northwest Indiana towing firm, who, after meeting with the FBI, agreed to cooperate with federal authorities to uncover corruption regarding the awarding of towing contracts in Northwest Indiana.
Scott Jurgensen, an FBI informant and owner of Samson's Towing in Merrillville, was a key witness in the unrelated bribery trial of former Lake County Sheriff John Buncich. Jurgensen paid a bribe to Buncich in the form of a $2,000 check for Buncich's campaign and an additional $500 in cash.
Buncich was indicted on the same day as Snyder and Cortina. The former sheriff was convicted in August 2017 on charges of taking bribes in a lucrative towing contract scheme.
The first name "Scott" and references to Samson's Towing are included in the transcripts of excerpts of the government's filing in the Snyder/Cortina case.
"The evidence summarized above establishes by a preponderance of the evidence that James Snyder, John Cortina, Public Official 1, and Public Official 2, conspired, and/or engaged in the scheme/joint venture as charged in Counts One and Two of the indictment, or acted as agents of Snyder in furtherance of the above described joint criminal activity," according to the government's conclusion in the filing, adding the statements made by the parties should be found admissible in court.
A tale of the tapes
According to court records, the initial recording on May 29, 2014, is between Snyder and Individual A regarding what it would take to get Individual A's tow company on the city's towing list.
The two discuss Cortina and possibly having him remove the towing company with which he was then partnering and taking on Individual 1's company, transcripts state.
The next recording is on Jan. 26, 2016, between Cortina and Individual A regarding getting Individual A on the list of towing contractors doing business with the city, court records state.
During the conversation, Cortina is quoted as telling Individual A that he is "tight" with Snyder's brother, who "lets me know everything." Cortina also is quoted as saying he already had lent the mayor about $20,000, including money for his personal business. Cortina tells Individual A that Snyder never has paid him back but that he continues to help out Snyder and his family.
"I've always helped their kids at Christmastime and what have ya," Cortina is quoted in transcripts as saying.
The transcripts continue from conversations taped on 16 different dates, centering on Individual A getting on the city's tow list. According to the transcripts, Cortina and Individual A each gave Snyder $6,000, for a total of $12,000 to be put on the city's tow list. Individual A's company eventually was put on the tow list after work by Public Official 1 and Public Official 2.
On Feb. 1, 2016, Cortina called Snyder, according to transcripts.
"Hey, uh Christmas is here," Cortina is quoted as telling the mayor, arranging to meet Snyder 15 minutes later at Snyder's private company office with the money.
In the tapes, Cortina, often using vulgar language, also discusses with Individual A how to disguise the alleged bribe as a donation and later calls the money "juice money."
"He ... he called it (expletive) loans. He calls it loans," Cortina said.
"You call it juice money," responds Individual A.
"I call it (expletive) juice. I call it what it is. What the (expletive). ... Call it juice money," Cortina is quoted as responding.
Cortina also allegedly told Individual A in several conversations that Cortina is like a family member to Snyder, had paid for vacations for the family, been with Snyder in Las Vegas and bought the mayor's children "thousands" of dollars of fireworks every year.
Conversations documented in the transcripts also centered on Cortina's business repairing the car of Public Official 1's wife for no charge.
Recordings: Alleged payments to Portage mayor 'juice' for towing contract
Chicago Tribune
November 19, 2018
https://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-trial-undercover-recordings-st-1120-story.html
Federal prosecutors aim to use a series of undercover recordings during trial to prove how Portage Mayor James Snyder allegedly solicited bribes to award a city towing contract.
Assistant U.S. Attorney Philip Benson on Monday filed an 83-page document in federal court asking a judge to allow them to use recordings between a tow operator cooperating with the FBI and John Cortina, of Kustom Auto Body in Portage, who is Snyder’s co-defendant in the corruption case, to show the conspiracy to solicit bribes.
Snyder’s defense attorney, Jackie Bennett, two days before, had already asked a judge to block the admission of those recordings after federal prosecutors failed to meet a deadline to file the request.
“The government’s evidence will establish that defendants Snyder and Cortina engaged in, or aided and abetted in, a conspiracy or joint venture, to commit bribery through the payment and receipt of funds disguised as campaign contributions to further the personal and political interests of the defendants,” Benson said, in court documents.
Benson said that in 2016, a confidential source, who operated a tow company, recorded conversations with Cortina where he was told to reportedly pay Snyder to get on the city’s towing list. Benson said that the source and Cortina allegedly each gave Snyder $6,000, in check form, to the Portage mayor’s campaign fund and “roundtable committee,” according to court documents.
During one recorded conversation, Cortina reportedly said that Snyder call the money “loans” but he called it “juice money.”
During an Aug. 9, 2016 meeting, the confidential source recorded a conversation with Cortina where the two discussed the $12,000 payment and getting on Portage’s tow list, according to court documents.
“Uh, I asked the mayor last night if he needs anything. He says he doesn’t need anything,” Cortina said, on the Aug. 9 recording. “So forget it. We gave $12,000.”
“Yeah, I know,” the source said.
“We gave $12,000. I’m, I’m gonna (unintelligible),” Cortina said.
“We, and we gave $12,000 and we got nothing,” the source said.
“Yeah, I know,” Cortina said.
“Until today,” the source said.
“Well, ‘til today,” Cortina replied.
On Saturday, Bennett asked a judge to bar prosecutors from using the recordings during the trial because the filing was not submitted by the deadline. Prosecutors had asked a judge to file the proffer on Nov. 16, according to court records, but did not file the document until Nov. 19.
“Mr. Snyder believes the court’s deadlines matter, particularly where the government sets a deadline for itself, representing it will meet the deadline,” Bennett wrote. “Mr. Snyder does not believe deadlines are meek suggestions. If deadlines matter, it is now too late...”
Bennett said the missed deadline should deem the recordings of Cortina inadmissible.
As preparations for the trial continue, Bennett said the continued delay by the prosecutors with filing the proffer, which is supposed to describe their theory of the case. has complicated their work.
Bennett said, as of Saturday, that the government’s theory “remains a secret.”
“Mr. Snyder cannot prepare a defense to a secret case,” Bennett said. “He cannot finalize preparing cross-examination questions, expert disclosures, witness lists, exhibit lists, discovery production, or any other element of trial preparation, against a secret case.”
Snyder’s trial is set to begin in January, according to court records.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder allegedly accepted two checks, one for $10,000 and another for $2,000, from Cortina and “Individual A.”
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Portage Board of Works contract.
Additional charges allege that Snyder obstructed Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Vulgar language may be out, Kirsch's name is in at Snyder corruption trial
NWI Times
October 13, 2018
UPDATED: November 08, 2018
https://www.nwitimes.com/news/local/porter/vulgar-language-may-be-out-kirsch-s-name-is-in/article_18d98223-2de9-5c78-822b-0f1a54621d39.html
HAMMOND — While Portage Mayor James Snyder's public corruption case isn't scheduled to begin until January, the federal judge hearing the case ruled this week on some of the evidence that will and will not be included in the trial.
U.S. District Judge Joseph Van Bokkelen ruled this week on both Snyder's and federal prosecutors' motions in limine filed last month. The motions asked for certain evidence to be excluded from trial.
"Vulgar" language may or may not be part of the evidence in court in January.
Snyder had asked that undercover recordings of his co-defendant John Cortina be redacted because of Cortina's use of vulgar language. Snyder said he feared the jury would be prejudiced by the offensive language. Prosecutors said they would keep it out unless it is relative to the issues in the case. They also agreed to provide Snyder with experts of the recordings in case he wanted to object.
Van Bokkelen agreed with the arrangement, ordering prosecutors to have the tapes to Snyder by Nov. 30 for review.
Prosecutors wanted to exclude any mention of Thomas Kirsch during testimony. Kirsch, the current U.S. Attorney for the Northern District, was hired by Snyder as his attorney in 2014 and remained in the job until taking the new position last year.
Snyder can use Kirsch's name, wrote Van Bokkelen, as long as it is not gratuitous, "akin to name dropping."
Of the 18 items in the two motions the judge was asked to rule on, he sided with Snyder on some, prosecutors on others, took several others under advisement and some requests, Van Bokkelen deemed "overbroad."
Evidence will be introduced regarding allegations that Snyder failed to pay taxes related to the mortgage company he once owned. Snyder had requested evidence be introduced regarding his failure to pay his personal taxes, saying the tax evasion charge against him regarded his personal taxes.
Van Bokkelen also ruled that information about Snyder's wife employment be excluded, but will allow evidence the government obtained investigating other city employees.
Portage mayor requests late arriving evidence be excluded from trial
NWI Times
November 08, 2018
https://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-requests-late-arriving-evidence-to-excluded-from-trial/article_8bf63a34-c430-5ced-9215-c0cf1c0c6628.html
HAMMOND — Attorneys for Portage Mayor James Snyder have asked the court to exclude any discovery materials produced last month, saying prosecutors are introducing late and irrelevant materials.
According to a motion filed Thursday in U.S. federal court in Hammond, Snyder's attorney, Jackie M. Bennett Jr., of Indianapolis, writes that discovery produced on Oct. 16, 2018, comes 200 days after the court ordered prosecutors to complete its discovery, and 32 days after prosecutors had said the discovery process was completed.
"This newly produced material was not generated or acquired recently," reads the motion. It contends it includes the transcript of an undercover recording between Snyder and a confidential source from May 29, 2014, and "ridiculous hearsay allegations" from two anonymous city employees to the FBI in September 2013.
Snyder, who is facing bribery and tax evasion charges, was indicted two years ago. His trial is set for Jan. 14, 2019. It has been continued multiple times.
However, that trial date may be in jeopardy, Bennett writes, because he cannot prepare for trial when the "government's case keeps shifting every two or three months when it feels like doing another discovery dump."
Bennett said Snyder does not want yet another continuance but may need it to deal with the material, which he said is not incriminating but might "bolster his defense."
Porter County assessor pleads guilty to federal tax charge
NWI Times - Steve Garrison
Kokomo Perspective
October 30, 2018
http://kokomoperspective.com/politics/indiana/porter-county-assessor-pleads-guilty-to-federal-tax-charge/article_51900084-f903-52bd-81a1-be69f87240ca.html
HAMMOND — Porter County Assessor Jon M. Snyder pleaded guilty Tuesday to a misdemeanor tax charge in U.S. District Court, clearing the way for his cooperation with federal officials prosecuting his brother, Portage Mayor James Snyder, in an unrelated corruption case.
Jon Snyder, 42, was read and waived his trial rights before admitting his private company, Shoreline Appraisals Inc., failed to file a tax form informing the IRS he paid $6,000 to an independent contractor in 2013 to provide his company services.
The assessor was required under federal law to file an Informational Return 1099 Form by Feb. 28, 2014, informing the IRS he hired the independent contractor and how much the contractor was paid.
"Guilty, your honor," Jon Snyder told Magistrate Judge John E. Martin, when asked how he pleaded to willful failure to supply information to the IRS.
Snyder said he had a college degree and suffered no mental illness or addiction, which would impair his ability to understand Tuesday's proceeding. The assessor said he was born in Charleston, West Virginia.
Jon Snyder was arraigned Oct. 19 on the misdemeanor charge. Under the terms of a plea agreement filed later that day, he agreed to “cooperate fully, truthfully and candidly” with the U.S. attorney's office in unspecified criminal investigations.
Matthew Fech, defense attorney for Jon Snyder, previously confirmed his client was a cooperating witness against James Snyder, who is awaiting trial on felony bribery and extortion charges related to Portage towing vendors and public works contracts, as well as tax evasion charges related to his private business.
Fech said Tuesday Jon Snyder accepted responsibility for his actions as it related to his private business. Fech said Snyder's offense was unrelated to his work as Porter County assessor, and his client had no plans to resign from office.
Fech said, personally, he hoped any elected official that committed criminal acts while in office would accept responsibility for their actions.
Snyder is scheduled to be sentenced Feb. 27, though he agreed the U.S. attorney could defer his sentencing hearing until his cooperation is complete.
Willful failure to supply information to the IRS carries a maximum sentence of one-year incarceration and a fine of $100,000. The government agreed it would recommend the judge sentence Snyder to the minimum allowed under federal guidelines, though the judge is not required to follow the recommendation.
Prosecutors also agreed Snyder would face no further criminal tax charges for the 2008 through 2013 tax years.
Porter County Assessor Jon Snyder, arraigned on tax charge, will cooperate with feds in corruption case against brother, Portage Mayor James Snyder
NWI Times
October 19, 2018
https://www.nwitimes.com/news/local/crime-and-courts/portage-county-assessor-jon-snyder-arraigned-in-federal-court-on/article_2dd97213-58ad-5a43-bd86-6b38a8b87ea3.html
HAMMOND — Porter County Assessor Jon M. Snyder will cooperate with federal authorities in the corruption case against his brother, Portage Mayor James Snyder, as part of a plea agreement in an unrelated tax case, his attorney said.
Jon Snyder, dressed in a blue suit with brown loafers, was arraigned Friday morning in the U.S. District Court of Hammond on allegations he failed to supply information to the IRS, a Class A misdemeanor. The parties agreed Snyder would be released from federal custody on a $20,000 unsecured appearance bond until a plea hearing scheduled for Oct. 30.
Jon Snyder admitted in a plea agreement filed Friday afternoon that as owner of Shoreline Appraisals Inc., his private business, he failed to file tax forms with the IRS for an independent contractor his company hired in 2013.
He agreed to plead guilty to the misdemeanor charge and will face no new criminal tax charges for the 2008 through 2013 tax years, the agreement states.
As part of the agreement, Jon Snyder also agreed to “cooperate fully, truthfully and candidly” with federal authorities regarding his “knowledge of or involvement in, any violation of federal or state law.”
Matthew Fech, defense attorney for Jon Snyder, confirmed Friday afternoon his client was a cooperating witness against James Snyder, who was charged in November 2016 with felony bribery and extortion charges related to Portage towing vendor and public works contracts, as well as tax evasion charges related to his private business.
Fech said his client's case was unrelated to the corruption case.
“His case stands apart from his brother's case,” Fech said. “There is no allegation that my client was involved in a pay-to-play scheme.”
The defense attorney declined to comment on whether Jon Snyder had recorded conversations with his brother as part of the federal investigation.
Fech said outside the courthouse Friday morning Jon Snyder had accepted responsibility for the tax offense, which resulted from a “filing error” related to his private appraisal business. He said Snyder's business hired an independent contractor to perform services, but then failed to file tax forms alerting the IRS of the contractor's work.
Fech said Jon Snyder had no intention to resign as Porter County assessor. He said the allegations had nothing to do with his client's work as county assessor. He said Jon Snyder was married with 10 children, and at the time of his mistake, he had “a lot going on” with his private business and family.
“To be clear, Mr. Snyder is accepting responsibility for errors related to his appraisal business,” Fech said.
Vulgar language may be out, Kirsch's name is in at Snyder corruption trial
NWI Times
October 13, 2018
UPDATED: November 08, 2018
https://www.nwitimes.com/news/local/porter/vulgar-language-may-be-out-kirsch-s-name-is-in/article_18d98223-2de9-5c78-822b-0f1a54621d39.html
HAMMOND — While Portage Mayor James Snyder's public corruption case isn't scheduled to begin until January, the federal judge hearing the case ruled this week on some of the evidence that will and will not be included in the trial.
U.S. District Judge Joseph Van Bokkelen ruled this week on both Snyder's and federal prosecutors' motions in limine filed last month. The motions asked for certain evidence to be excluded from trial.
"Vulgar" language may or may not be part of the evidence in court in January.
Snyder had asked that undercover recordings of his co-defendant John Cortina be redacted because of Cortina's use of vulgar language. Snyder said he feared the jury would be prejudiced by the offensive language. Prosecutors said they would keep it out unless it is relative to the issues in the case. They also agreed to provide Snyder with experts of the recordings in case he wanted to object.
Van Bokkelen agreed with the arrangement, ordering prosecutors to have the tapes to Snyder by Nov. 30 for review.
Prosecutors wanted to exclude any mention of Thomas Kirsch during testimony. Kirsch, the current U.S. Attorney for the Northern District, was hired by Snyder as his attorney in 2014 and remained in the job until taking the new position last year.
Snyder can use Kirsch's name, wrote Van Bokkelen, as long as it is not gratuitous, "akin to name dropping."
Of the 18 items in the two motions the judge was asked to rule on, he sided with Snyder on some, prosecutors on others, took several others under advisement and some requests, Van Bokkelen deemed "overbroad."
Evidence will be introduced regarding allegations that Snyder failed to pay taxes related to the mortgage company he once owned. Snyder had requested evidence be introduced regarding his failure to pay his personal taxes, saying the tax evasion charge against him regarded his personal taxes.
Van Bokkelen also ruled that information about Snyder's wife employment be excluded, but will allow evidence the government obtained investigating other city employees.
Portage mayor's corruption trial continued until Jan. 14
NWI Times
October 05, 2018
https://www.nwitimes.com/news/local/porter/portage-mayor-s-corruption-trial-continued-until-jan/article_2f81b705-cbab-5d89-bb68-140a654738b4.html
HAMMOND — Portage Mayor James Snyder will have to wait a little longer to have his day in court.
In an open court session Friday afternoon, U.S. Court Judge Joseph Van Bokkelen announced his decision to a motion filed a week earlier by Snyder's co-defendant John Cortina.
"In the interest of justice, it is best to begin Jan. 14," Van Bokkelen said.
Cortina's attorney Kevin Milner filed a motion Sept. 28 requesting either a continuance of the joint trial or a severing of the two cases. The motion stated Milner's child was to undergo open heart surgery on Oct. 16 and the trial was expected to last three weeks.
Federal prosecutors favored a continuance in their response to the motion. Snyder asked his trial move forward Oct. 9 as planned.
Snyder's local attorney, Tom Dogan, of Merrillville, objected to the ruling, reading a statement.
"Your honor, for the record, I ask that it be noted that this continuance was granted over my client's objections," said Dogan, adding that Snyder is anxious to go to trial "to clear his good name in the community."
"For greater than 10 percent of his life, the mayor has been living under an unfair continual dark cloud, with the meritless charges that have been leveled against him. His family, friends and the staff of the City of Portage suffer," said Dogan.
A telephonic hearing was held Tuesday in closed court to discuss the matter.
Van Bokkelen said the hearing was held outside of the public and media because some "health issues" arose that he felt should be discussed behind closed doors. Those issues, he added, had no baring on the case.
He added that Friday's ruling announcement would have normally been a post on the court's document, but decided to have an open court session to announce the ruling because there have been several hearings in the case held outside of the public's view. Several hearings were closed to the public and media in May as the sides argued over what may or may not be attorney-client privilege emails and the process used to review those emails.
This is the seventh continuance granted in the case.
Van Bokkelen said he received the case late, but initially thought it could have been tried last year. Circumstances made him realize that would not be possible and he set the October date, he said, thinking all parties would have sufficient time to prepare.
Van Bokkelen said he decided not to sever the two cases because of "other things that came up that make a difference."
When looking to reschedule the trial, he added that "putting a three to four week trial somewhere is not an easy thing to do" and settled on the January date. Deadlines for additional filing were set and a status conference will be held Jan. 3.
Snyder and Cortina were indicted in November 2016. Snyder has been under investigation by the FBI since early 2014. Snyder was charged with two counts of accepting bribes and one count of tax evasion Cortina, owner of Kustom Auto Body in Portage, was charged with one count of bribery.
Judge pushes Portage mayor's corruption trial to January
Chicago Tribune
October 05, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-trial-start-st-1006-story.html
A federal judge on Friday delayed the corruption case against Mayor James Snyder and a Portage tow operator that was initially set to start Tuesday.
Judge Joseph Van Bokkelen decided to push the trial of Synder and John Cortina, of Kustom Auto Body in Portage, to January. The judge said he thought it was best to move the trial instead of splitting the case in two.
Van Bokkelen said a two- to three-month delay was appropriate.
“Based on the history of this case, it’s not a long period of time,” Van Bokkelen said.
Kevin Milner, Cortina’s defense attorney, asked the judge to either push the start of the case against the two men or sever his client and schedule that trial at a later date, citing personal medical reasons.
Snyder’s defense attorneys pushed the judge to keep the trial on track, saying they were “ready.”
“Mayor Snyder is anxious to get to trial in this matter, to clear his good name in the community, and he was looking forward to the Oct. 9 trial date as the court knows,” defense attorney Thomas Dogan said Friday.
Dogan said Snyder wanted to note on the record that he objected to the delay.
“For greater than 10 percent of his life, the mayor has been living under an unfair continual dark cloud, with the meritless charges that have been leveled against him,” Dogan said. “His family, friends and the staff of the City of Portage suffer.”
Van Bokkelen said he his cognizant of the amount of time the case has been pending and appreciates Snyder’s desire for the trial to start.
“I understand what you’re saying,” Van Bokkelen said.
Federal prosecutors sought to keep the two defendants together, and agreed Van Bokkelen should shift the trial date.
“The interests of convenience, economy and efficient administration of justice dictate that Snyder and Cortina, joined in the same indictment, be tried together,” Assistant U.S. Attorney Philip Benson wrote, in court documents.
Benson also cited pending motions that Van Bokkelen must rule on and recent material turned over to prosecutors that must be reviewed as reasons to bump the trial.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Decision on whether Portage mayor goes on trial next week will be announced Friday
NWI Times
October 03, 2018
https://www.nwitimes.com/news/local/crime-and-courts/decision-on-whether-portage-mayor-goes-on-trial-next-week/article_9dd3f3b7-8a2e-5c76-8b46-7c0d2ba66c1f.html
HAMMOND — The decision as to whether Portage Mayor James Snyder's public corruption trial moves forward next week will be announced Friday afternoon.
U.S. District Court Judge Joseph Van Bokkelen announced Wednesday he will hold a hearing on his ruling at 3 p.m. Friday.
The ruling comes after Snyder's co-defendant John Cortina, owner of Kustom Auto Body in Portage, filed a motion late last week asking to either sever his trial from Snyder's or to continue the joint trial to another date.
The request was made by Cortina's attorney, Kevin Milner, whose child is undergoing surgery Oct. 16.
In responses to Cortina's motion, federal prosecutors have requested the trial be continued to a later date; Snyder, in his response, argued he wants his trial to move forward as planned on Oct. 9.
Van Bokkelen held a telephonic closed door hearing on the motion Tuesday morning.
Cortina is charged with one count of offering a bribe, alleging he gave Snyder $12,000 to put a towing company associated with Cortina on the city's tow list. Snyder, in one of the three counts in the indictment issued in November 2016, is charged with soliciting and accepting the bribe.
Ruling to come later this week on fate of Portage mayor's upcoming trial
NWI Times
October 02, 2018
https://www.nwitimes.com/news/local/crime-and-courts/ruling-to-come-later-this-week-on-fate-of-portage/article_b8a78551-2a6c-5d53-96d5-beb27eae24df.html
HAMMOND — Whether or not Portage Mayor James Snyder's public corruption trial begins next week will be announced later this week.
U.S. Federal Court Judge Joseph Van Bokklen held a hearing Tuesday morning to consider a motion from Snyder's co-defendant John Cortina to sever his trial from Snyder's or to continue the planned joint trial to a later date. The request was made by Cortina's attorney, Kevin Milner, who's child is undergoing surgery on Oct. 16.
In responses to Cortina's motion, federal prosecutors have requested the trial be continued to a later date while Snyder, in his response, wants the trial to move forward as planned on Oct. 9.
According to court records posted after Tuesday's hearing was completed, Van Bokklen will issue his ruling in open court on a date agreed to by attorneys.
Cortina is charged with one count of offering a bribe, alleging he gave Snyder $12,000 to put a towing company associated with Cortina, owner of Kustom Auto Body in Portage, on the city's tow list. Snyder, in one of the three counts in the indictment issued in November 2016, is charged with soliciting and accepting the bribe.
Van Bokklen did issue a ruling Tuesday regarding Snyder's request last month to dismiss the two bribery charges brought against him, contending prosecutors had failed to establish a crime was committed, arguing over the legal terminology meaning of "bribes," "rewards" and "gratuities" and under which term he was being prosecuted. If under "gratuities," Snyder claimed, the two charges should be dropped.
In his ruling Van Bokklen sided with federal prosecutors, who objected to Snyder's claims, and denied Snyder's motion to dismiss.
Portage mayor 'eager' to keep trial date as government asks to postpone with co-defendant
Chicago Tribune
October 01, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-cortina-trial-st-1002-story.html
Portage Mayor James Snyder is “eager and ready” to go to trial this month, but prosecutors said his trial should be postponed with his co-defendant’s who asked for a continuance, court records show.
Last week, John Cortina, of Kustom Auto Body in Portage, and his lawyer, Kevin Milner, asked for a continuance due to a medical procedure during the time of the trial for one of Milner’s family members.
Snyder and Cortina are scheduled for trial Oct. 9 in Hammond’s federal court. The two were charged in November 2016 with violating a federal bribery statute. Federal prosecutors said the mayor solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder also was indicted for allegedly accepting $13,000 in connection with a Portage Board of Works contract and for allegedly obstructing IRS laws, court documents say.
Snyder and Cortina have pleaded not guilty to the charges, according to court documents.
Milner suggested that either Cortina have his trial separated from Snyder’s and Snyder still go to trial this month, or to have both of their dates pushed back again.
A telephonic hearing was scheduled for Tuesday in Hammond’s federal court to address the issue.
The government argued that Cortina’s and Snyder’s cases should remain together and “the joint trial be held at a later date,” court records show.
“The bribery charges against Cortina and Snyder will be proved by substantially the same evidence and with the same witnesses,” prosecutors said in a response filed in court records. “The interests of convenience, economy and efficient administration of justice dictate that Snyder and Cortina, joined in same indictment, be tried together.”
Before Cortina’s current request for a continuance, “no severance was requested by either party,” the government said.
Prosecutors also said that “in the last 14 days, counsel for Snyder has tendered over 6,000 pages of discovery and filed numerous motions.” While some of those were “standard trial motions associated with normal pretrial filings,” many of the motions were “more complex,” the response states. The government asked to have until Oct. 4 to file its responses.
“Snyder vehemently objects to a request to continue his trial, pending now for nearly two years, beyond the October date currently set,” Jackie Bennett Jr., Snyder’s attorney, wrote in a response. “This case has been pending for too long already.”
The four-count indictment alleges three counts against Snyder and one count against Cortina, so “it makes sense to sever the trial so that Cortina and Mr. Milner do not need to sit through a trial that is 75 percent not even about them,” the response states.
“Changing the date now would cause Snyder and his counsel to suffer massive prejudice,” Bennett said.
The defense said the government should be able to respond to pending motions as prosecutors prepare for trial.
“(The government) affirmatively wants to delay Snyder’s trial because — more than five years after its all-encompassing investigation began, and two years after it filed the indictment — the government still is not ready to go to trial,” the response states.
Bennett said, “Enough is enough. Snyder’s trial should proceed.”
“The best solution — frankly, the only solution — is to sever Cortina’s trial from Snyder’s so that (1) Snyder can get this case over with an (2) so that Mr. Milner can be with his child. No other solution accomplishes both; no other solution should be considered,” Bennett said.
Snyder's co-defendant requests delay in trial; hearing scheduled for Tuesday
NWI Times
October 01, 2018
https://www.nwitimes.com/news/local/crime-and-courts/snyder-s-co-defendant-requests-delay-in-trial-hearing-scheduled/article_266543bc-cb8c-5104-bddf-2f5cfbcf189e.html
HAMMOND — With just a week before the start of Portage Mayor's James Snyder's public corruption trial is scheduled to begin, his co-defendant has thrown a wrench into the wheel.
A hearing scheduled Tuesday morning could determine whether or not the trial moves forward as planned.
Late last week John Cortina, owner of Kustom Auto Body of Portage, requested U.S. Federal Court Judge Joseph Van Bokkelen to either continue the trial date or to sever his case from that of Snyder's. Cortina is accused of giving Snyder $12,000 to be placed on the city's towing company list.
According to a filing by his attorney Kevin Milner of Crown Point, Cortina's child is scheduled to undergo open heart surgery on Oct. 16, a week after the trial is scheduled to begin. Efforts to reschedule the surgery were thwarted by insurance issues, according to the filing.
A response by federal prosecutors, indicate they do not favor severing the two trials and favor continuing the joint trial to a later date.
"Snyder and Cortina where engaged in a joint criminal conduct, the illegal payment of funds in exchange for towing rights in the City of Portage. Cortina and Snyder acted in concert to secure towing for a company working with Cortina, Company A. After the payment of $12,000, hand delivered by Cortina to Snyder, Company A was put on the City of Portage tow list," according to the filing by Assistant U.S. Attorney Phil Benson.
"The series of undercover recordings the government intends to play at trial contain not only Cortina discussing this plan, but also Defendant Snyder. The bribery charges against Cortina and Snyder will be proved by substantially the same evidence and with the same witnesses. The interests of convenience, economy, and efficient administration of justice dictate that Snyder and Cortina, joined in same indictment, be tried together," Benson argued in the response as to why the two should be tried together.
"Snyder is eager and ready to go to trial on October 9, 2018," according to Snyder's attorney, Jackie M. Bennett of Indianapolis in a formal response to Cortina's motion. Bennett writes that severing the two cases would be "a total solution."
"Snyder vehemently objects to a request to continue his trial, pending now for nearly two years, beyond the October date currently sent. This case has been pending for too long already. He is eager to go to trial now to clear his name," writes Bennett.
Snyder was indicted for two counts of bribery and one of tax evasion in November 2016. The trial was initially scheduled to begin in January 2017, but several continuances have been granted.
In the response, Bennett agrees that Snyder moved for continuances, but blamed prosecutors and "the government's voluntary choice to slowly trickle discovery productions."
"Enough is enough. Snyder's trial should proceed," according to Bennett.
Bennett also alleged in the filing that prosecutors agree to the continuance because they are not ready to move forward.
During a final pre-trial conference held last month, attorneys for Snyder, Cortina and the government all agreed to move forward with the trial beginning Oct. 9.
Van Bokkelen will hold a telephonic hearing at 11:30 a.m. Tuesday on the matter.
Tow operater asks for continuance in October trial with Portage mayor
Chicago Tribune
September 28, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-cortina-snyder-trial-st-0929-story.html
A tow operator is asking to either have his trial separated from Portage Mayor James Snyder’s or to have both of their dates pushed back again.
John Cortina, of Kustom Auto Body in Portage, and Snyder are currently set to begin their jury trial on Oct. 9 in Hammond’s federal court.
Cortina, 79, and his attorney, Kevin Milner, filed a motion Friday asking for a continuance.
The motion cites a medical procedure that has been scheduled Oct. 16 for one of Milner’s family members.
“Efforts to schedule the surgery at an earlier date were curtailed by issues regarding insurance coverage,” the document said.
The government and Milner “agree that the trial is likely to extend past” Oct. 16, according to the motion.
Cortina and Snyder were charged in November 2016 with violating a federal bribery statute. Federal prosecutors said the mayor solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder also was indicted for allegedly accepting $13,000 in connection with a Portage Board of Works contract and for allegedly obstructing IRS laws.
Snyder and Cortina have pleaded not guilty to the charges, according to court documents.
Cortina “does not wish to inconvenience the court, the government or defendant Snyder,” so Milner “is requesting that either his case be severed from defendant Snyder’s and continued for trial or that both defendants remained joined with the trial, again, being continued,” according to the motion.
Snyder’s and his attorney’s positions on the continuance or whether to separate their trials “has not been learned,” the motion states.
A ruling on Milner’s request had not been made as of Friday afternoon, court records show.
The trial was initially scheduled to begin in January 2017. It was pushed back to give attorneys time to go over the evidence and to file their motions.
Snyder requested one continuance after he hired a new attorney, Jackie Bennett Jr., of Taft Stettinius and Hollister in Indianapolis, when his previous attorney Thomas Kirsch II was appointed U.S. Attorney for the Northern District of Indiana.
Snyder asked for the continuance to October partly due to issues over emails obtained by the government that the defense argued were privileged.
On Thursday, Judge Joseph Van Bokkelen denied Snyder’s motion to dismiss the indictment or to disqualify the government’s trial team over the emails. But the judge said that one exhibit containing emails with financial records could not be used, according to the order.
Court filings continue to flow days before Portage mayor's corruption trial scheduled to begin
News-Press Now
September 28, 2018
http://www.newspressnow.com/news/national/court-filings-continue-to-flow-days-before-portage-mayor-s/article_76620370-2cf0-5cc0-ae62-7cb92452e99d.html
HAMMOND — With less than two weeks before Portage Mayor James Snyder's public corruption trial is scheduled to begin, both sides continue to file motions and responses in the case, working to meet deadlines set by the court.
Snyder, who was indicted on charges of bribery and tax evasion in November 2016, is scheduled to go on trial with co-defendant John Cortina, of Portage, on Oct. 9.
In a court filing late Tuesday, federal prosecutors said a recent motion filed by Snyder's attorneys to dismiss two of the three charges "seeks to lead this court down a rabbit hole."
Last week, Snyder's attorney Jackie M. Bennett, of Indianapolis, filed a motion to dismiss the two bribery charges, saying evidence presented by federal prosecutors during discovery fails to establish a crime.
Federal prosecutors also answered a motion filed by Bennett last week asking certain testimony or evidence be excluded from the trial, including recordings in which Cortina allegedly uses "vulgar language," Snyder's wife's employment, his mortgage company, evidence involving other city employees, disputed email materials and how Snyder has paid his attorney's fees.
Prosecutors agreed to some of the issues, such as his wife's employment record. They also agreed to not introduce evidence about Snyder's "improper attempt to have the citizens of Portage pay his attorney's fees," a reference to Snyder's attempt to pay a combined $93,000 from the city's utility department funds to two of his defense attorneys. But federal prosecutors disputed other items.
Prosecutors also pointed out the issue regarding the disputed emails and Snyder's claim that his Sixth Amendment rights to a fair trial have been violated has not been ruled upon by the court. Snyder claims the taint team process, which filters emails, failed, allowing prosecutors to view emails he believes are attorney/client privilege.
Bennett filed two additional documents Wednesday, saying they intend to reply to the prosecutors' response within 48 hours.
Judge rules Portage mayor's bribery case can proceed, despite privileged information in emails
Chicago Tribune
September 27, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-email-ruling-st-0928-story.html
A few of Portage Mayor James Snyder’s emails contained privileged information, but a federal judge said Thursday that his federal bribery case can proceed to trial Oct. 9.
Judge Joseph Van Bokkelen issued his ruling over questions about prosecutors use of emails obtained from Snyder’s email account at his upcoming trial.
In his order, Van Bokkelen denied Snyder’s motion to dismiss the indictment or to disqualify the government’s trial team. But the judge said that one exhibit containing emails with financial records could not be used, according to the order.
“The court finds that as carried out in this case, the filter process worked sufficiently, even if the process itself has inherent flaws,” Van Bokkelen said, adding it had “semblance of the fox guarding the hen house.”
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with violating a federal bribery statute. Federal prosecutors said the mayor solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder also was indicted for allegedly accepting $13,000 in connection with a Portage Board of Works contract and for allegedly obstructing IRS laws.
Snyder and Cortina have pleaded not guilty to the charges, according to court documents.
Leading up to trial, attorneys filed a series of briefs and discussed emails in the case in in closed-door hearings.
The defense argued that the emails seized in 2015 were put through a faulty screening process, and that the trial team accessed and used privileged communications, court records show.
Prosecutors said Snyder has not presented any evidence that shows his email communications were used in an improper way during the investigation, according to court records.
“Through it all, what has become clear is that, with the exception emails containing QuickBooks data, the government trial team is not in possession of privileged materials and that the privileged financial data has not unduly prejudiced Mr. Snyder,” the order states.
Before he was appointed U.S. Attorney for the Northern District of Indiana, Thomas Kirsch II, was Snyder’s defense attorney. Kirsch previously “directed Mr. Snyder to generate QuickBooks financial records for various entities associated with Mr. Snyder because his financial records were in disarray,” the order states.
Kirsch has recused himself from handling the Snyder case, according to court documents, and it is now being managed by the U.S. Attorney for the Northern District of Illinois.
Snyder used Intuit online software to email himself the records, which contained financial data in the body of the emails, according to the order. Snyder would forward these to his attorneys, the order states.
“The emails from Intuit to Snyder (generated by Snyder) slipped through the government’s filter process, and the government now cedes that those documents should not have been made available to the prosecution team because they constitute attorney work-product,” the order states. “However, the same data that was forwarded to the attorneys was quarantined.”
While Snyder “suffered some prejudice in that the disorganized financial data may have been more difficult for the government to analyze,” Kirsch had made some of this information to the government, the order states. This information “is factual in nature and does not reflect Kirsch’s legal opinions or strategies,” according to the order.
Van Bokkelen said, though, that the government “is not precluded from using the information it received from Kirsch even if that information is identical” to set of QuickBooks documents that the judge ruled on.
Van Bokkelen went over summaries of the emails in question in his order. The judge decided that “only three sets of documents contain privileged materials that the government’s trial team has in its possession,” including the QuickBooks documents.
The other two items, while privileged, did not cause Snyder to “suffer prejudice from the trial team obtaining” them, the order states.
Both of those items were between Snyder and a personal attorney over drafts for a consulting agreement sent to Snyder’s City of Portage email account, according to the order. Van Bokkelen said these emails contained legal advice, which made them privileged, the order states.
“In both instances, the government had obtained the agreements long before the emails were seized” and receiving the same document later did lead to “no new revelations,” according to the order.
The government had a three-tiered process to sift through the emails, narrowing down 8,600 that were quarantined to some 300 deemed privileged and that were made not available to the prosecution team, according to the order.
The QuickBooks files and the emails with the personal attorney were “missed,” the order states.
While “the court agrees with Mr. Snyder that the government could have cooperated with Kirsch to the filter out privileged communications, at least in the last stage of the review” the judge said “it was not legally required.
“To be sure, there’s nothing to suggest that the agents involved in the case improperly handled Mr. Snyder’s emails or that the agent in charge of peeking behind the curtain of the privilege. However, any process that leaves government agents unchecked is problematic,” the order states.
Van Bokkelen began his order with a Bible verse.
“Writing to Corinthians, Apostle Paul cautioned: ‘“Everything is lawful,” but not everything is beneficial. “Everything is lawful,” but not everything builds up,’” the order states.
Van Bokkelen added, “What the government did, it could do: the law is in its favor, even if the prudence of its actions can be questioned.”
Federal judge rules against Portage mayor over email, 'taint team' issue
NWI Times
September 27, 2018
https://www.nwitimes.com/news/local/crime-and-courts/federal-judge-rules-against-portage-mayor-over-email-taint-team/article_592db4ca-fc0d-5485-9ccb-4dd1653ee600.html
HAMMOND — U.S. District Court Judge Joseph Van Bokkelen has ruled against Portage Mayor James Snyder over Snyder's claim that emails protected by the attorney-client privilege were viewed by prosecutors and thus harmed his chance to get a fair trial.
Van Bokkelen also ruled against Snyder's claim that the process to review such privileged emails was faulty.
Snyder contended in May that emails protected by attorney-client privilege got through a three-tiered taint team, and were viewed by prosecutors. A taint team is a review process created to ensure that privileged emails are not seen by prosecutors.
That claim led to several hearings, held mostly behind closed doors, where emails were reviewed and the review process was scrutinized.
Snyder was indicted in November 2016 on three counts, including bribery and tax evasion. His trial is set for Oct. 9.
Earlier this year, Snyder's defense attorney, Jackie Bennett, of Indianapolis, filed a motion seeking either to have Snyder's indictment dismissed, or to have the federal prosecutors disqualified due to what Snyder claimed was a violation of his Fourth, Fifth and Sixth Amendment rights to a fair trial.
In Thursday's ruling, Van Bokkelen wrote that only one of more than 40 emails involved in Snyder's claim will be excluded from being entered as evidence at his trial. That email was between Snyder and his then-attorney, Thomas Kirsch, who now is the chief federal prosecutor.
Kirsch removed himself as Snyder's defense attorney when he was appointed to the U.S. Attorney's Office for the Northern District of Indiana earlier this year. Kirsch recused himself from the case but was called in May to testify during a closed hearing on the issue.
Bennett told The Times on Thursday, "Mr. Snyder has been anxious to go to trial for two years, to address the false charges against him and to clear his good name. We look forward to doing so beginning Oct. 9."
Van Bokkelen ruled that two other emails, while considered privileged, did not cause Snyder to "suffer prejudice from the trial team" seeing them because prosecutors already had received information on their content before seeing the emails.
In all other instances of the emails in question, Van Bokkelen ruled they were not privileged for various reasons, including that they had included third parties or did not involve legal advice.
"Through it all, what has become clear is that, with the exception of emails containing QuickBooks data, the government trial team is not in possession of privileged materials and that the privileged financial data has not unduly prejudiced Mr. Snyder," Van Bokkelen wrote in his 18-page ruling.
"Thus, while the Court finds no fault with the taint team process, even if the process had been faulty as Mr. Snyder argues, no error has been introduced that would necessitate either dismissal of this case or recusal of the trial team," Van Bokkelen wrote.
Indicted Portage mayor says feds' use of confidential source ‘tantamount to cheating’
Chicago Tribune
September 21, 20018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-pre-trial-motions-st-0922-story.html
Attorneys for indicted Portage Mayor James Snyder say federal investigators used a confidential source for the purpose of “invading the defense camp.”
In a brief filed Friday, Jackie Bennett Jr., one of Snyder’s defense attorneys, said that investigators got information from a confidential source who reportedly knew about discussions between the Portage mayor and his attorneys, showing that the defense wouldn’t be ready for a January 2017 trial. Bennett said federal investigators used that information to continue their investigation, and want a judge to limit their ability to use any information they obtained after January 2017.
“The government, post indictment, permitted an informant to inquire as to Snyder’s legal strategy and legal advice, there by invading the defense camp,” Bennett said. “Thereafter the government made use of the improperly obtained strategic information.”
“To be blunt, this is tantamount to cheating,” Bennett added.
The U.S. Attorney’s Office has not filed a response to Snyder’s motion and does not comment on pending cases.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Portage Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina have both pleaded not guilty to the charges, according to court documents.
The trial is set to start Oct. 9.
The motion included a confidential human source report from the FBI where the person reported that Thomas Kirsch II, Snyder’s former defense attorney who is now the U.S. Attorney for the Northern District of Indiana, suggested the mayor hire another attorney in order to ready for a January 2017 trial.
The report documents what the FBI was told by the confidential source on Dec. 6, 2016, less than a month after Snyder and Cortina were indicted.
Kirsch has recused himself from handling the Snyder case, according to court documents, and it is now being managed by the U.S. Attorney for the Northern District of Illinois.
“The government’s knowledge that Mr. Kirsch suggested Snyder may need to consider hiring another lawyer was obviously a benefit to the government, as it let them know they had additional time to investigate their case, which they have continued to do post January 2017,” Bennett said.
Bennett said investigators’ use of the confidential source to learn about the defense bolsters arguments that charges against Snyder should be dismissed or federal prosecutors removed from the case for mishandling reportedly attorney-client privileged emails.
Snyder’s defense attorneys say the charges should be dismissed or trial attorney disqualified if those email communications were accessed. Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents, and the trial team accessed and used privileged communications.
Federal prosecutors say Snyder has not presented any evidence that shows his emails communications were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors on the case or dismiss any charges against the Portage mayor.
Judge Joseph Van Bokkelen has not ruled on the request to dismiss or disqualify the trial team.
The motion to suppress the information gained from the confidential human source was one of a series of motions Snyder’s defense team filed Friday.
Portage mayor's federal public corruption trial to move forward Oct. 9
NWI Times
September 14, 2018
https://www.nwitimes.com/news/local/porter/portage-mayor-s-federal-public-corruption-trial-to-move-forward/article_e79a9172-ec19-5930-9fc2-e6ec6820e214.html
HAMMOND — Barring any unforeseen circumstances the federal public corruption trial of Portage Mayor James Snyder will begin at 10 a.m. Oct. 9.
During a less than 30 minute final pre-trial conference in U.S District Court Friday morning, Snyder's attorney, as well as that of his co-defendant John Cortina and federal prosecutors agreed they are ready to begin the trial.
Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts. He has pleaded not guilty. Cortina, a Portage towing company owner, was charged with one count of bribery, alleging he gave Snyder $12,000 to be put on the city's tow list.
The conference was held by Magistrate Judge John Martin.
Martin quickly went through a laundry list of details, from producing witness lists to final discovery, and set deadlines for both sides to file any additional materials or motions in the case.
The two sides must put together a list of agreed upon questions for prospective jurors, jury instructions and witness lists prior to the trial.
Martin set an Oct. 1 deadline for a possible plea agreement.
"That deadline won't matter," said U.S. Assistant Attorney Phil Benson.
The possible wrench in the case, however, is that U.S. District Court Judge Joseph Van Bokkelen has not ruled on whether Snyder's Sixth Amendment rights had been violated over the possibility federal prosecutors saw attorney/client privileged emails during the "taint team" or view process.
Snyder contends federal prosecutors unfairly saw emails and work product that should have been considered attorney/client privilege. He is asking the court to either dismiss the indictment or disqualify the prosecuting team.
The emails in question were between Snyder and now U.S. Attorney Thomas Kirsch and were seized via a search warrant in 2015.
Snyder hired Kirsch in 2014. The government last year named Kirsch as U.S. attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.
Snyder's defense team contends the federal "taint team" failed in its job to review emails, separating out those that could be considered attorney/client privilege.
A series of hearings were held earlier this year, primarily behind closed doors, with final briefs filed on the matter late last month.
Assistant U.S. Attorney Jill Koster asked Martin if he had any idea when Van Bokkelen might make a ruling on the issue. Koster said pending a ruling on the motion, there is some information Benson has not seen and may need to see.
Martin said he did not and directed her to ask Van Bokkelen.
"It is a fluid situation that may change some dynamics," Martin said.
"We reserve the right, depending on the ruling, to respond or file a new motion," Benson said.
When discussing exhibits, Benson also told the judge there are "massive amounts of documents" prosecutors are going through. Koster added there will be "so much material" placed on the exhibit list.
Portage mayor's corruption trial to start in October
Chicago Tribune
September 14, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-pre-trial-hearing-st-0915-story.html
Snyder--02
The federal corruption trial for Portage Mayor James Snyder and a tow operator in the city is ready to start on Oct. 9.
Magistrate Judge John Martin on Friday set the schedule for pre-trial filings as attorneys for Snyder and John Cortina, of Kustom Auto Body, and federal prosecutors ready to seat a jury and begin arguments on Oct. 9. Snyder’s case has been pending since November 2016, and been continued four times.
Martin asked the attorneysfor the government and Snyder and Cortina if they are ready for trial.
“Yes,” said Assistant U.S. Attorney Jill Koster.
Jackie Bennett Jr., one of Snyder’s attorneys, and Kevin Milner, Cortina’s attorney, agreed they are ready.
While Martin prepped the schedule for pre-trial filings, Judge Joseph Van Bokkelen is still weighing a motion to dismiss some of the charges or disqualify federal prosecutors handling the case.
Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents, and the trial team accessed and used privileged communications. Snyder’s defense attorneys say the charges should be dismissed or the trial attorney disqualified if some email communications were accessed that shouldn’t have been.
Federal prosecutors say Snyder has not presented any evidence that shows his email communications were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors on the case or dismiss any charges against the Portage mayor.
Koster asked if Martin had any sense of when that ruling may be issued.
“That obviously creates problems when preparing for trial,” Koster said.
“I do not,” Martin said. “I’m not dealing with those issues.”
Snyder and Cortina were charged with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Portage Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Martin asked when the prosecution and defense would have their trial exhibit lists ready.
Koster asked to submit that to the court on Oct. 5.
“There’s tons and tons of documents,” said Assistant U.S. Attorney Philip Benson.
Martin said any plea agreement must be reached five days before trial.
“That deadline won’t matter,” Benson said.
Prosecutors defend process used to screen indicted Portage mayor's emails
Chicago Tribune
June 25, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-prosecutor-brief-st-0623-story.html
In a Friday filing, federal prosecutors said indicted Portage Mayor James Snyder has offered no proof that potentially privileged material reviewed by the trial team affected its corruption probe.
Assistant U.S. Attorney Jill Koster said that Snyder has not presented any evidence that shows his email communications were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors on the case or dismiss any charges against the Portage mayor.
“Defendant has failed to establish that the 38 disputed emails are privileged or that he has suffered any actual prejudice resulting from the government’s taint team procedure,” Koster said. “Defendant’s motion should therefore be denied.”
Snyder’s defense attorneys say the charges should be dismissed or trial attorneys disqualified if those email communications were accessed. Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents, and the trial team accessed and used privileged communications.
“In keeping with his other filings in the aptly described ‘months-long detour,’ defendant’s brief attempts to unnecessarily complicate the issues,” Koster said.
Koster said the judge only needs to consider two things: if any of the contested emails were privileged attorney-client communication or work product, and if they are, whether the disclosure to the trial team created any prejudice toward Snyder’s case.
“If the answer to either question is no, defendant’s motion must be denied,” Koster said.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Since February, Snyder’s defense team has filed motions accusing federal investigators of setting up a faulty screening process to review seized emails, and Judge Joseph Van Bokkelen heard evidence during three days of closed-door hearings on the issue.
“The court can and should assume that defendant has chosen to cast aspersions on the investigation into his criminal conduct instead of addressing the legal issues raised by his motion because he knows the latter lack merit,” Koster said.
Jackie Bennett Jr., Snyder’s defense attorney, said the flawed screening process warrants the recusal of the trial team who was potentially exposed to attorney-client privileged material, according to court documents filed Friday.
Bennett said the procedure used by federal investigators was designed give broader access to the communications to the government, according to court documents, and limit protections for privileged communications between Snyder and his attorneys.
“Nothing forced the government to adopt the procedure used here. Instead of adopting a procedure utilized in previous cases, or one recommended by the U.S. Attorney’s Manual, the government designed a procedure that maximized its own convenience — a procedure whose benefits accrue solely to the government and whose costs accrue solely to Snyder and similarly situated defendants.”
Bennett said the process used in the Snyder case failed to use comprehensive search terms during the first phase to better filter the communication; used FBI agents without law degrees to screen for privileged material; and finally duplicate communications were flagged as privileged and non-privileged during the third stage and were passed to the trial team.
“The notion that there were three layers of protection for Snyder is categorically false,” Bennett wrote.
Koster said out of the 109,000 emails seized and screened, the defense team has taken issue with the classification of 38 communications.
None of the testimony presented has shown that the disclosure of those 38 emails prejudiced Snyder, Koster said.
“The content of the messages contained neither requests for, no the provision of, legal advice, much less any discussion of trial strategy,” Koster said.
Koster said several communications were tagged “not privileged” during earlier stages of review but later tagged “privileged” during the third phase. Koster said none of those emails were privileged because they did not contain a request for, or the provision of, legal advice or anything about trial strategy.
“The government admits that its filter review was not perfectly executed; copies of a handful of the same or similar emails were inconsistently tagged,” Koster said.
Feds offer latest volley in battle over Mayor Snyder's emails
NWI Times
June 25, 2018
https://www.nwitimes.com/news/local/crime-and-courts/feds-offer-latest-volley-in-battle-over-mayor-snyder-s/article_b56478a1-d02a-5f38-8a21-c8545e9fef38.html
The U.S. attorney's office in Hammond has filed the latest in a flurry of legal briefs in U.S. District Court over whether any of indicted Portage Mayor James Snyder's subpoenaed emails improperly influenced the legal case against him.
"The Court can and should assume that Defendant has chosen to cast aspersions on the investigation into his criminal conduct instead of addressing the legal issues raised by his motion because he knows the latter lack merit," the U.S. attorney's office brief filed Friday said.
Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts, which can carry long prison terms if he is convicted. He has pleaded not guilty.
Snyder was represented by Thomas L. Kirsch II before the latter was named U.S. attorney for northern Indiana. Snyder's current counsel, Jackie M. Bennett of Indianapolis, contends the "taint team" set up by federal investigators to make sure email shared with prosecutors doesn't violate attorney-client privilege, failed to protect Snyder.
The federal prosecutors' brief filed Friday explained the three-step process to protect Snyder's rights. FBI Supervisory Special Agent Eric Field, who interviewed all potential witnesses, didn't have access to the quarantined files identified in the first round of review, and only two FBI employees had access to the winnowed messages. Field told them to be "overly cautious" during their review, prosecutors said.
"The government admits that its filter review was not perfectly executed; copies of a handful of the same or similar emails were inconsistently tagged," but none of the six emails contained legal advice or "anything remotely approaching trial strategy," prosecutors said.
Snyder's defense took issue with 38 emails shared with prosecutors.
"Simply put, there is no 'there' there; nothing in or about the 38 contested emails provided insight into Defendant's defense," prosecutors said.
Snyder's defense has sought the disqualification of the prosecution team or dismissal of the case against him. Prosecutors contend the contested emails don't contain any information that would prejudice the case against him.
Snyder declined the opportunity to speak publicly Monday about this latest brief.
Portage Mayor Snyder's defense team claims even better email review processes -- including one proposed in Trump attorney Michael Cohen's case -- rejected by the courts
NWI Times
June 11, 2018
https://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-snyder-s-defense-team-claims-even-better-email/article_0538f867-75af-5b05-905f-f575c35edaf2.html
HAMMOND — Indicted Portage Mayor James Snyder's defense team contends that even better email review processes than used in his case have been rejected by courts.
That includes, according to a 37-page brief filed in U.S. District Court late Friday, a procedure proposed to review and vet privileged communications between President Donald Trump's personal attorney Michael Cohen and his clients.
"Compared with the haphazard methods employed by the government in the Snyder case, the careful approach proposed by prosecutors involved in the Cohen search is notable and telling," reads the brief, which was filed in response to public testimony held May 24. "Whatever else one may think about the Michael Cohen raid, at a minimum the parties demonstrated a seriousness of purpose in protecting privileged materials, standing in stark contrast to the slapdash process used for Snyder."
The district court in New York rejected that email review process, notes the document, saying a retired federal judge was appointed as a special master.
The latest brief is in response to the testimony of FBI supervisory special agent Eric Field and Jesse Rodgers, a litigation technology specialist for the U.S. district attorney’s office held in open court May 24. At that hearing, the two explained the "taint team" or email review process used to determine which of Snyder's emails with his former attorney were privileged.
Snyder contends that prosecutors read emails seized by a search warrant in 2015 between himself and his former attorney, now U.S. District Attorney Thomas Kirsch II. He claims those emails contained attorney/client privilege information and work product and that his constitutional rights have been violated. Snyder asked that the three-count public corruption indictment against him be dismissed or that the current prosecution team be disqualified.
The issue has been argued for some four months through briefs filed in court as well as open and closed court hearings.
The filing by Snyder's present attorney, Jackie M. Bennett of Indianapolis, contends the entire "taint team" process was tilted in favor of federal prosecutors.
Among several issues raised in the brief, the filing questions why Field would have eliminated certain "protective" keywords from an initial search of the emails.
"The record leaves open Field's motivation behind erasing these more protective terms when executing a privilege search of Snyder's personal email account, but nothing suggests it was an accident," the brief reads.
It also criticizes using two FBI agents during the second phase of the process who were not attorneys nor had participating in such a process previously and only being given a verbal explanation of what attorney/client privilege meant.
"There was no procedure in place to guard against these non-lawyers mistakenly marking a document 'non-privileged' when it was actually 'privileged'," the brief continues.
The brief also contends the utilized review process provided "absolutely no safeguard or protection against 'Type II' errors," which it defines as something "actually privileged but was mistakenly marked as non-privileged" and "would severely impact Snyder."
Prosecutors have until June 22 to respond to the latest defense brief.
Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts. He has pleaded not guilty. His trial is set for Oct. 9, however, deadlines for additional briefs to be filed by both the defense and prosecution teams extend until Aug. 13. Many of those briefs are expected to be sealed from the public as they will address testimony given in closed court.
Indicted Portage mayor continues push to disqualify federal prosecutors from corruption case
Chicago Tribune
June 11, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-prosecutor-brief-st-0612-story.html
Attorneys for indicted Portage Mayor James Snyder say a flawed filter process used to screen his seized emails justifies disqualifying federal prosecutors from his corruption case.
Jackie Bennett Jr., Snyder’s defense attorney, said the screening process warrants the recusal of the trial team who was potentially exposed to attorney-client privileged material, according to court documents filed Friday. Snyder’s defense attorneys are seeking to not only disqualify the trial team but also get the charges dismissed because federal authorities reviewed the sensitive communications.
Bennett said the procedure used by federal investigators was designed give broader access to the communications to the government, according to court documents, and limit protections for privileged communications between Snyder and his attorneys.
“Nothing forced the government to adopt the procedure used here. Instead of adopting a procedure utilized in previous cases, or one recommended by the U.S. Attorney’s Manual, the government designed a procedure that maximized its own convenience – a procedure whose benefits accrue solely to the government and whose costs accrue solely to Snyder and similarly situated defendants.”
Snyder’s defense attorneys say the charges should be dismissed or trial attorney disqualified if those email communications were accessed. Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents.
Snyder’s brief follows three days of closed-door hearings in May when Judge Joseph Van Bokkelen heard arguments and testimony on the email issue.
The U.S. Attorney’s Office does not comment on pending cases.
Bennett, in court documents, said the three-stage screening process was flawed at each step.
In court filings, Assistant U.S. Attorney Jill Koster said investigators screened the emails using a three-stage process, which first started by flagging emails using a system at FBI headquarters in Washington, D.C.; then another team of FBI employees filtered any emails flagged by the system; and finally an assistant U.S. attorney not involved in the case reviewed to ensure no privileged communication survived the quarantine process.
“The notion that there were three layers of protection for Snyder is categorically false,” Bennett wrote.
Bennett said the process used in the Snyder case failed to use comprehensive search terms during the first phase to better filter the communication; used FBI agents without law degrees to screen for privileged material; and finally duplicate communications were flagged as privileged and non-privileged during the third stage and were passed to the trial team.
Bennett drew comparison between Snyder’s case and that against New York attorney Michael Cohen, who worked for President Donald Trump and had his information seized by government officials.
In Cohen’s case, Bennett said government investigators used assistant U.S. attorneys to review the seized documents; any potentially privileged material was set aside until defense representation or a judicial officer reviewed the material; defense counsel aided in the filter process; and a special master was appointed to conduct the privilege review.
“Compared with the haphazard methods employed by the government in the Snyder case, the careful approach proposed by prosecutors involved in the Cohen search is notable and telling,” Bennett said.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
“The facts regarding the government’s taint team, in and of themselves, justify Snyder’s request that the trial team be recused,” Bennett wrote.
Potential privileged emails in Portage mayor's corruption case complicated, expert says
Chicago Tribune
June 01, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-email-issue-st-0603-story.html
A federal judge will soon determine how the public corruption case against Portage Mayor James Snyder will move forward, but issues about seized email communications has left the judge with numerous briefs and hours of testimony to consider.
A former federal prosecutor says wading through these issues is complicated.
Attorneys for Snyder and federal prosecutors have, for months, argued about access to potentially attorney-client privileged emails, and Judge Joseph Van Bokkelen has held four hearings on the matter, including several days spent behind closed doors.
Snyder’s defense attorneys say the charges should be dismissed or the government’s trial attorney disqualified if those email communications were accessed. Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents, and the trial team accessed and used privileged communications.
Tim Morrison, who spent 23 years with the U.S. Attorney’s Office for the Southern District of Indiana, including time as interim U.S. attorney, said the issue is often litigated because privilege is not always set in clear lines.
People often think attorney-client privilege is broader, said Morrison, now an adjunct professor at Indiana University’s Maurer School of Law in Bloomington.
“There’s all kinds of little tests,” he said.
Jackie Bennett Jr., Snyder’s defense attorney, has said, in court documents, that the government took a narrow view of privilege and did not adequately comb through seized emails to parse out that material.
Morrison said there’s three ways that seized communications are screened: by the court; by a “special master” appointed by the court; or by government agents known as a “taint team.”
In Synder’s case, federal investigators set up a three-phase review of the seized emails. Snyder’s emails were first screened by agents in Washington, D.C., then by two agents in the FBI’s Merrillville field office, and finally by an assistant U.S. attorney who wasn’t involved in the case.
Snyder’s defense attorneys have sought to show that he “taint team” process didn’t adequately screen out privileged communications and the trial team accessed those communications.
Morrison said if that happens, it depends on what federal prosecutors make of the information.
“It’s not good to have that but it’s not the end of the game,” Morrison said.
The discussions have focused on more than 30 emails that went to the trial team, according to court documents, but Bennett has said those should have not made it through the screening process.
Bennett, in court documents, said one of those communications was between Snyder, two city employees and copied to Kirsch about the bidding process used ahead of awarding a contract to Great Lakes Peterbilt, which is the subject on one of charges against the Portage mayor.
The defense says that information was prepared to aid in Snyder’s defense and should have been considered privileged.
Assistant U.S. Attorney Jill Koster refuted that description, according to court documents, and said the information in that email would otherwise be publicly available.
Another email discussed in court documents contains information from a prospective witness in the case against Snyder.
Cassandra Teesdale, a former employee of Snyder’s at First Financial Trust Mortgage, said after being interviewed by federal agents in 2014 she spoke with Kirsch about questions posed during that questioning, according to an affidavit, and was then asked to put her answers in writing.
Teesdale said, in the affidavit, she sent those answers to Snyder, who would have passed that document to Kirsch.
Prosecutors say that a disputed email was used during the grand jury phase of the case to question a witness.
“The witness’ testimony differed from the account she had given defendant in the email so the government showed the witness the document and inquired about the witness’ changed recollection,” Koster said in court document. “Other than that, the government does not recall making investigative use of any of the other disputed emails.”
Context is important in exploring these questions, Morrison said, and communications that look mundane could mean more when looked at in a whole strategy.
Morrison said if a client emails an attorney, discussing litigation, and mentions a potentially damaging statement made to a person asking what to do, noting the government might be aware of that potential witness, that would be privileged.
That email communication then comes into the possession of the government. Morrison said if the government already knew about that potential witness, the email would have little effect.
“It’s not really adversely affecting anybody,” Morrison said.
If the government did not know about that potential witness, Morrison said, and an investigator goes to interview that person, the email communication had more consequence.
“That is something that would be important,” Morrison said.
What distinguishes those situations is if the government gleans information from potentially privileged communication that it didn’t have independently.
“Then there’s trouble,” Morrison said.
U.S. Attorney Kirsch testifies behind closed doors during Portage mayor's hearing in public corruption trial
NWI Times
May 30, 2018
http://www.nwitimes.com/news/local/crime-and-courts/u-s-attorney-kirsch-testifies-behind-closed-doors-during-portage/article_c9bab462-c41d-5f7c-8c4c-1d5441474623.html
HAMMOND — U.S. Attorney Thomas Kirsch II testified behind closed doors Wednesday during a hearing in the public corruption trial of Portage Mayor James Snyder.
The hearing is the fourth since March to determine whether Snyder's Sixth Amendment rights to a fair trial have been violated. Snyder, who did not attend Wednesday's hearing, contends federal prosecutors unfairly saw emails and work product that should have been considered attorney/client privilege. He is asking the court to either dismiss the indictment or disqualify the prosecuting team.
Snyder hired Kirsch in 2014. The government last year named Kirsch as U.S. attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.
The emails in question were between Snyder and Kirsch and were seized via a search warrant in 2015.
Snyder's defense team contends the federal "taint team" failed in its job to review emails, separating out those that could be considered attorney/client privilege.
At a hearing May 24, FBI agent Eric Field explained the three-step process in which first a computer, then a two-member FBI team and finally an assistant U.S. attorney not associated with the investigation reviewed the emails and the steps taken to make sure federal prosecutors did not see any potential privileged emails.
Snyder's team, led by Indianapolis attorney Jackie M. Bennett, claims the process failed.
U.S. District Court Judge Joseph Van Bokkelen cleared the courtroom Wednesday morning, saying Kirsch would be testifying "en camera," meaning any government attorney on the trial team would also be asked to leave the courtroom. Assistant U.S. Attorney Jill Koster was not present. The prosecution's team was led by Timothy Chapman from the U.S. attorney's office of the Northern District of Illinois in Chicago.
Van Bokkelen also said, before closing the courtroom doors, that he "feels badly" because of a decision he made and that "my first reaction was not the best reaction." He continued to say his second reaction would be the right one. He did not explain his comments further.
"I have not been through a hearing quite like this one," Van Bokkelen said.
Shortly after the courtroom was closed, Kirsch entered and remained inside for about an hour before leaving. About an hour later, he returned, entered the courtroom and stayed for about another hour. The court was adjourned shortly after Kirsch left the second time.
A set of deadlines was set for the filing of briefs. The deadline for Snyder's defense team to file a compilation brief is June 29, with the government's response due by July 27. Snyder's team was then given a deadline of Aug. 13 to file a response to that brief.
Snyder was indicted in November 2016 on three counts, including bribery and tax evasion. He has pleaded not guilty. His trial is set for Oct. 9.
UPDATE: After open testimony about review process, judge shuts doors for afternoon during hearing on James Snyder email claim
NWI Times
Updated May 30, 2018
http://www.nwitimes.com/news/local/crime-and-courts/update-after-open-testimony-about-review-process-judge-shuts-doors/article_98a16192-9b0b-5875-ada9-3b3b2750985b.html
HAMMOND — Arguments continued Thursday over whether or not indicted Portage Mayor James Snyder's Sixth Amendment right to a fair trial have been violated.
Half of Thursday's session was in open court as two witnesses testified about the email review process and about what protections are in place to prevent prosecutors from viewing documents deemed attorney/client privilege. The afternoon session was held in closed court.
There was no ruling at the close of Thursday's session in U.S. District Court before Judge Joseph Van Bokkelen.
Snyder contends that prosecutors read emails seized by a search warrant in 2015 between himself and his former attorney, now U.S. District Attorney Thomas Kirsch II. He claims those emails contained attorney/client privilege information and work product. Snyder asked that the three-count indictment against him be dismissed or that the current prosecution team be disqualified.
Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts. He has pleaded not guilty.
Under questioning by Assistant U.S. District Attorney Jill Koster on Thursday morning, FBI supervisory special agent Eric Field testified about the review process. Field told the court the investigation against Snyder was opened in September 2013, and in September 2015 search warrants were issued for both Snyder's city and personal email accounts along with emails from Snyder's administrative assistant and the city's assistant street superintendent.
Field explained that initially the seized emails went through a keyword search to filter out any that might have privileged information. From there, a two-person FBI team reviewed about 900 potentially privileged emails. Those they felt were possibly privileged were forwarded to Assistant U.S. District Attorney Maria Lerner for the third step of the review process.
Field said at no time did he see any of the documents in questions prior to them being deemed not privileged. In addition, he said, neither the other two FBI agents or Lerner had anything to do with the Snyder investigation.
Field said he told the two agents to be "overly cautious" in the review process.
Snyder defense attorney Jayna M. Cacioppo, of Taft Stettinius & Hollister of Indianapolis, questioned Field under cross examination as to what keywords were used in the text search, saying they did not include the words "attorney," "Kirsch" or "legal." She also questioned him as to why he didn't communicate with Kirsch before conducting the review to determine what keywords might be used or if Kirsch might have an alternative email address that was used in communication with Snyder.
Cacioppo also questioned Field about how he and others knew what might be considered privileged documents, citing none of the FBI agents involved were attorneys.
Field said he had been given verbal directions on what to look for regarding privileged emails and had passed on that information to the other two agents.
Field also said the process had looked at emails and had not heard of an issue regarding work product until a hearing on the same issue May 10.
Jesse Rodgers, a litigation technology specialist for the U.S. district attorney’s office, testified on the protection involved to prevent the prosecution team from accessing potentially privileged emails.
He explained the use of encryption and the firewall used to prevent the access of the prosecution team of any potentially privileged information.
Cacioppo also questioned Rodgers how one email could have ended up in both the privileged and non-privileged folders during the review process and if that was an indication the firewall failed during the review process.
Rodgers said it is possible a duplicate email could have gotten through the system, but was not an indication of a failure of the firewall.
Following a lunch break, Van Bokkelen closed the courtroom as he did two weeks ago to take testimony on individual emails. On May 10, nearly six hours of testimony was taken behind closed doors on the issue.
According to court documents also filed Thursday, the next hearing in the case will be held at 10:30 a.m. Wednesday. However the document does not say if the hearing pertains to this or another matter in the case as since the May 10 hearing, several documents have been filed by both sides, but sealed as to their content. The filing also set a June 8 deadline or Snyder's team to file a brief on an unnamed matter with the government to respond by June 22.
US attorney testifies about indicted Portage mayor's emails
Chicago Tribune
May 30, 2008
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-hearing-kirsch-st-0531-story.html
Northern Indiana’s U.S. attorney testified Wednesday about emails between him and indicted Portage Mayor James Snyder as a judge weighs whether prosecutors accessed privileged communications.
Judge Joseph Van Bokkelen continued hearing evidence during the ongoing dispute between Snyder’s defense attorneys and federal prosecutors over whether the mayor’s attorney-client privileged emails were exposed to the trial team. Snyder’s defense attorneys say the charges should be dismissed or trial attorney disqualified if those email communications were accessed.
Van Bokkelen allowed “limited” questioning of U.S. Attorney Thomas Kirsch II, who represented Snyder prior to being appointed to his current office, during a closed hearing.
Kirsch has recused himself from Snyder’s case, according to court documents, and the U.S. attorney for the Northern District of Illinois has overseen and managed local prosecutors handling the case.
Wednesday’s hearing was the third closed-door session Van Bokkelen has held on the email issue.
While the courtroom was briefly open Wednesday, Van Bokkelen said he’s gone back and forth on the issue.
“I’ve not been through a hearing quite like this one,” the judge said.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Kirsch that were seized in 2015 were read by the government’s trial team, according to court documents.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for allegedly accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina have both pleaded not guilty to the charges, according to court documents.
Van Bokkelen moved the start of Snyder and Cortina’s trial to October, according to court documents.
UPDATE: After open testimony about review process, judge shuts doors for afternoon during hearing on James Snyder email claim
NWI Times
May 24, 2018
http://www.nwitimes.com/news/local/crime-and-courts/update-after-open-testimony-about-review-process-judge-shuts-doors/article_98a16192-9b0b-5875-ada9-3b3b2750985b.html
HAMMOND — Arguments continued Thursday over whether or not indicted Portage Mayor James Snyder's Sixth Amendment right to a fair trial have been violated.
Half of Thursday's session was in open court as two witnesses testified about the email review process and about what protections are in place to prevent prosecutors from viewing documents deemed attorney/client privilege. The afternoon session was held in closed court.
There was no ruling at the close of Thursday's session in U.S. District Court before Judge Joseph Van Bokkelen.
Snyder contends that prosecutors read emails seized by a search warrant in 2015 between himself and his former attorney, now U.S. District Attorney Thomas Kirsch II. He claims those emails contained attorney/client privilege information and work product. Snyder asked that the three-count indictment against him be dismissed or that the current prosecution team be disqualified.
Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts. He has pleaded not guilty.
Under questioning by Assistant U.S. District Attorney Jill Koster on Thursday morning, FBI supervisory special agent Eric Field testified about the review process. Field told the court the investigation against Snyder was opened in September 2013, and in September 2015 search warrants were issued for both Snyder's city and personal email accounts along with emails from Snyder's administrative assistant and the city's assistant street superintendent.
Field explained that initially the seized emails went through a keyword search to filter out any that might have privileged information. From there, a two-person FBI team reviewed about 900 potentially privileged emails. Those they felt were possibly privileged were forwarded to Assistant U.S. District Attorney Maria Lerner for the third step of the review process.
Field said at no time did he see any of the documents in questions prior to them being deemed not privileged. In addition, he said, neither the other two FBI agents or Lerner had anything to do with the Snyder investigation.
Field said he told the two agents to be "overly cautious" in the review process.
Snyder defense attorney Jayna M. Cacioppo, of Taft Stettinius & Hollister of Indianapolis, questioned Field under cross examination as to what keywords were used in the text search, saying they did not include the words "attorney," "Kirsch" or "legal." She also questioned him as to why he didn't communicate with Kirsch before conducting the review to determine what keywords might be used or if Kirsch might have an alternative email address that was used in communication with Snyder.
Cacioppo also questioned Field about how he and others knew what might be considered privileged documents, citing none of the FBI agents involved were attorneys.
Field said he had been given verbal directions on what to look for regarding privileged emails and had passed on that information to the other two agents.
Field also said the process had looked at emails and had not heard of an issue regarding work product until a hearing on the same issue May 10.
Jesse Rodgers, a litigation technology specialist for the U.S. district attorney’s office, testified on the protection involved to prevent the prosecution team from accessing potentially privileged emails.
He explained the use of encryption and the firewall used to prevent the access of the prosecution team of any potentially privileged information.
Cacioppo also questioned Rodgers how one email could have ended up in both the privileged and non-privileged folders during the review process and if that was an indication the firewall failed during the review process.
Rodgers said it is possible a duplicate email could have gotten through the system, but was not an indication of a failure of the firewall.
Following a lunch break, Van Bokkelen closed the courtroom as he did two weeks ago to take testimony on individual emails. On May 10, nearly six hours of testimony was taken behind closed doors on the issue.
According to court documents also filed Thursday, the next hearing in the case will be held at 10:30 a.m. Wednesday. However the document does not say if the hearing pertains to this or another matter in the case as since the May 10 hearing, several documents have been filed by both sides, but sealed as to their content. The filing also set a June 8 deadline or Snyder's team to file a brief on an unnamed matter with the government to respond by June 22.
Portage mayor back in federal court as a judge reviews whether prosecutors accessed privileged communication
Chicago Tribune
May 24, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-evidence-hearing-st-0525-story.html
Witnesses walked a federal judge through the process used to filter out potentially privileged emails between indicted Portage Mayor James Snyder and his attorneys.
Two witnesses testified Thursday in Hammond’s federal court about precautions taken to ensure potentially privileged communications between Snyder and his attorneys did not reach federal prosecutors after the communications were seized in 2015. Snyder’s defense attorneys argue the filter process failed and should warrant either the charges being dismissed or prosecutors disqualified from the case.
Thursday’s hearing continued vetting an issue that attorneys argued in a closed-door session earlier this month. Judge Joseph Van Bokkelen sealed the prior day-long hearing since arguments presented could reference attorney-client material. No decision was reached Thursday. A new hearing has been set for 10:30 a.m. Wednesday.
Eric Field, an FBI supervisory special agent, said investigators set up a three-stage review of emails seized. The emails were first screened by agents at FBI headquarters in Washington, D.C.; then by two agents in Indiana; and finally by an assistant U.S. attorney in Hammond, Field said.
Assistant U.S. Attorney Jill Koster asked about the terms used during the first screening process and if it included names of Snyder’s then defense attorney and variations of names of attorneys representing other people in the investigation.
Field said those terms were on the list of screening terms given to agents in Washington.
Once that was done, Field testified the files were given to agents in the Merrillville field office for review. Field said he did not look at any of the emails.
“I told them to be overly cautious with how they were doing the review process,” Field said.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Thomas Kirsch II, who was then the mayor’s defense attorney before being appointed as U.S. attorney, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder’s case, according to court documents, and U.S. attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
Defense attorney Jayna Cacioppo asked about the search terms initially used during the first stage of review and if it was only limited to what Field told programmers to use.
“The term attorney was not included?” Cacioppo asked.
“That is correct,” Field said.
Cacioppo asked if “Kirsch,” “legal” or “Winston Strawn” were not used.
“That is correct,” Field said.
Koster said Field testified he knew Kirsch was then Snyder’s attorney and that the search terms included both Kirsch’s work email and the domain name for his former firm, Winston Strawn.
“Correct,” Field said.
Jesse Rodgers, a litigation technology specialist with the U.S. Attorney’s Office, said he handled setting up a digital workspace for the assistant U.S. attorney who continued the email screening process. Rodgers said only that single attorney could access the potentially privileged emails during her review.
Koster asked if any of the prosecutors could access the same workspace as that attorney.
“That would obviously defeat the purpose,” Rodgers said.
After the morning’s round of testimony, Van Bokkelen again sealed court proceedings. Attorneys continued discussing the potentially privileged material, and Van Bokkelen said he’d allow limited questioning of Kirsch, if necessary.
“In this case, I think caution requires closing of the courtroom,” Van Bokkelen said.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for allegedly accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Van Bokkelen moved the start of Snyder and Cortina’s trial to October, according to court documents.
Judge hears testimony on issues over emails in Portage mayor's corruption case
Chicago Tribune
May 24, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-evidence-hearing-st-0525-story.html
Witnesses walked a federal judge through the process used to filter out potentially privileged emails between indicted Portage Mayor James Snyder and his attorneys.
Two witnesses testified Thursday in Hammond’s federal court about precautions taken to ensure potentially privileged communications between Snyder and his attorneys did not reach federal prosecutors after the communications were seized in 2015. Snyder’s defense attorneys argue the filter process failed and should warrant either the charges being dismissed or prosecutors disqualified from the case.
Thursday’s hearing continued vetting an issue that attorneys argued in a closed-door session earlier this month. Judge Joseph Van Bokkelen sealed the prior day-long hearing since arguments presented could reference attorney-client material. No decision was reached Thursday. A new hearing weas set for 10:30 a.m. Wednesday.
Eric Field, an FBI supervisory special agent, said investigators set up a three-stage review of emails seized. The emails were first screened by agents at FBI headquarters in Washington, D.C.; then by two agents in Indiana; and finally by an assistant U.S. attorney in Hammond, Field said.
Assistant U.S. Attorney Jill Koster asked about the terms used during the first screening process and if it included names of Snyder’s then defense attorney and variations of names of attorneys representing other people in the investigation.
Field said those terms were on the list of screening terms given to agents in Washington.
Once that was done, Field testified the files were given to agents in the Merrillville field office for review. Field said he did not look at any of the emails.
“I told them to be overly cautious with how they were doing the review process,” Field said.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Thomas Kirsch II, who was then the mayor’s defense attorney before being appointed as U.S. attorney, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder’s case, according to court documents, and U.S. attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
Defense attorney Jayna Cacioppo asked about the search terms initially used during the first stage of review and if it was only limited to what Field told programmers to use.
“The term attorney was not included?” Cacioppo asked.
“That is correct,” Field said.
Cacioppo asked if “Kirsch,” “legal” or “Winston Strawn” were not used.
“That is correct,” Field said.
Koster said Field testified he knew Kirsch was then Snyder’s attorney and that the search terms included both Kirsch’s work email and the domain name for his former firm, Winston Strawn.
“Correct,” Field said.
Jesse Rodgers, a litigation technology specialist with the U.S. Attorney’s Office, said he handled setting up a digital workspace for the assistant U.S. attorney who continued the email screening process. Rodgers said only that single attorney could access the potentially privileged emails during her review.
Koster asked if any of the prosecutors could access the same workspace as that attorney.
“That would obviously defeat the purpose,” Rodgers said.
After the morning’s round of testimony, Van Bokkelen again sealed court proceedings. Attorneys continued discussing the potentially privileged material, and Van Bokkelen said he’d allow limited questioning of Kirsch, if necessary.
“In this case, I think caution requires closing of the courtroom,” Van Bokkelen said.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for allegedly accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Van Bokkelen moved the start of Snyder and Cortina’s trial to October, according to court documents.
FBI agent testifies about emails in hearing on Mayor Snyder's public corruption case
NWI Times
May 24, 2018
http://www.nwitimes.com/news/local/crime-and-courts/fbi-agent-testifies-about-emails-in-hearing-on-mayor-snyder/article_98a16192-9b0b-5875-ada9-3b3b2750985b.html
HAMMOND — FBI Special Agent Eric Field spent most of Thursday morning testifying about the taint team that reviewed more than 109,000 emails in the Portage Mayor James Snyder public corruption investigation to determine which emails might be covered by attorney-client privilege.
Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts, which carry long prison terms if he is convicted. He has pleaded not guilty.
Field explained the three-step process, which included using search terms to determine an initial base of potentially privileged emails, an additional step which involved the review by other FBI agents and an assistant district attorney not involved in the investigation.
Jesse Rodgers, a litigation technology specialist for the U.S. district attorney’s office, testified on the protection involved to prevent the prosecution team from accessing potentially privileged emails.
He explained the use of encryptions and the firewall used to prevent the access of the prosecution team of any potentially privileged information.
Field told the court that he told the FBI agents involved in viewing the emails with the potentially privileged information to be “overly cautious in their review.”
Field said the investigation into Snyder's was opened in September 2013 and that the emails in question were obtained through search warrents issued in September 2015 and came from Snyder’s and two other city employees’ city email accounts and Snyder’s and another employee’s personal email accounts.
The initial hearing on Snyder's emails and whether federal prosecutors violated his Sixth Amendment Rights was held May 10.
Six hours of closed-door testimony and arguments were held in U.S. District Court before federal Judge Joseph Van Bokkelen.
At issue is the contention that federal prosecutors may have violated Snyder's rights to a fair trial by having read emails and work product that were considered attorney/client privilege. If they had viewed the emails, which included the discussion of legal strategy, Snyder's defense believes his case has been prejudiced.
Snyder has asked that the three-count indictment against him be dropped, or that the current prosecution team be dismissed.
The trial on bribery and tax evasion charges is currently set to go before a jury on Oct. 9.
The hearing will continue later this afternoon.
Portage Mayor James Snyder's trial reset for Oct. 9
NWI Times
May 15, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-james-snyder-s-trial-reset-for-oct/article_e4a0e327-d5e4-54b5-9e19-bc4a044c37d5.html
HAMMOND — Indicted Portage Mayor James Snyder's public corruption trial has been reset for Oct. 9.
U.S. District Court Magistrate Judge John E. Martin issued an order Tuesday morning setting the final pre-trial conference for Sept. 14, at 9:45 a.m. before himself and the trial for Oct. 9, at 11:30 a.m. before District Court Judge Joseph S. Van Bokkelen.
Snyder, who was indicted in November 2016 on two counts of bribery and one count of tax evasion, had filed a motion last week asking the trial be continued until October. Van Bokkelen vacated the June 4 trial date last week.
The trial has been delayed this time because of a continuing court battle between Snyder's defense team and federal prosecutors over emails. Snyder contends that federal prosecutors and investigators reviewed privileged emails that violate his Sixth Amendment rights to a fair trial.
Van Bokkelen held a six-hour closed door hearing last week to take testimony and evidence on the status of the emails. That hearing is to continue at 10:30 a.m. Thursday, May 24.
Snyder's attorney, Jackie M. Bennett Jr., of Indianapolis, also contended the defense received a substantial number of documents through discovery on April 24 and would be unable to review them in time for the June 4 trial date.
Portage mayor's public corruption trial push back to undetermined date
NWI Times
May 11, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-s-public-corruption-trial-push-back-to-undetermined/article_065d1b55-8c89-5ab3-988f-850fac8a78c0.html
HAMMOND — The public corruption trial of Portage Mayor James Snyder has been pushed back again.
In a filing Friday morning, the June 4 trial date has been vacated and will be reset by a separate order, according to documents. Snyder's defense attorney, Jackie M. Bennett Jr., of Indianapolis, had filed a motion on Wednesday asking for a continuance of the trial to no earlier than Oct. 1.
U.S. District Court Judge Joseph S. Van Bokkelen also issued an order to continue a hearing which began Thursday to 10:30 a.m. Thursday, May 24.
On Thursday, defense and prosecutors spent nearly six hours behind closed doors giving testimony about emails Snyder contends are attorney/client privilege and work product between himself and his former defense attorney Thomas Kirsch II, now the U.S. district attorney for the Northern District of Indiana.
In a motion filed by Snyder in February, he contends that prosecutors read those emails and that action has prejudiced his right to a fair trial, violating his Sixth Amendment rights. He has asked the court to either dismiss the three-count indictment brought in November 2016 or disqualify the prosecuting team.
Van Bokkelen closed the hearing on Thursday after both prosecuting and defense attorneys argued it would be in the best interest of the case not to allow prosecutors who had not previously viewed the emails or the general public, including media, to view them at this point in the process. No decision was made at that hearing, which will ultimately decide if Snyder's rights were violated.
Judge hears arguments on dismissing corruption case against Portage mayor
Chicago Tribune
May 10, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-hearings-corruption-case-st-0511-story.html
A federal judge Thursday held a closed door hearing on whether emails viewed by prosecutors jeopardized the corruption case against Portage Mayor James Snyder.
The hours-long closed hearing gave Judge Joseph Van Bokkelen time to review series of email communications between Snyder and his attorneys that were used by federal investigators. Whether the emails contained privileged information, Van Bokkelen would need to rule on a request to either dismiss the corruption charges against the mayor or disqualify the U.S. Attorney’s Office’s trial team.
In April, Snyder’s attorneys filed a motion to dismiss the corruption case saying the emails reviewed by prosecutors violated the mayor’s constitutional rights.
The email issue was barely discussed Thursday before the judge decided to seal the court.
Defense attorney Jackie Bennett Jr. said because the matters discussed would include privileged attorney-client communication, allowing the public and press to remain in the courtroom could prejudice the case against Snyder. Bennett said an open hearing would prohibit the defense from talking about the substance of the questioned emails.
Assistant U.S. Attorney Philip Benson said he’d agree with closing the court, but said prosecutors still maintain that the emails up for discussion do not contain privileged communication.
“We respect their request,” Benson said.
Van Bokkelen said closing a court is a “very serious decision” and that some emails are already out in public.
“This is not a preferred procedure,” Van Bokkelen said.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan and Thomas Kirsch II, who was then the mayor’s defense attorney before being appointed as U.S. Attorney for the Northern District of Indiana, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder’s case, according to court documents, and U.S. Attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
Hearing on Portage mayor's email status held in closed federal court
NWI Times
May 10, 2018
http://www.nwitimes.com/news/local/crime-and-courts/hearing-on-portage-mayor-s-email-status-held-in-closed/article_7d792654-d8e0-5603-ace3-ca82d8396c42.html
HAMMOND — Six hours of closed-door testimony and arguments over indicted Portage Mayor James Snyder's emails ended without an answer Thursday.
Just after the hearing began in U.S. District Court, federal Judge Joseph Van Bokkelen agreed to shut the doors on the hearing.
U.S. Assistant District Attorney Phil Benson told the judge that he and Snyder's defense attorney Jackie M. Bennett, of Indianapolis, agreed people who have not seen the emails in question should not be present in the hearing. That included Benson himself, the media and others who had gathered to hear the arguments.
"A decision to close the courtroom is very serious," Van Bokkelen said. "I am not a big fan of closing courts. The public has the right to know what is going on."
However, there are cases in which the courtroom should be closed, including this one, "out of an abundance of caution," he said.
At issue is the contention that federal prosecutors may have violated Snyder's Sixth Amendment rights to a fair trial by having read emails and work product that were considered attorney/client privilege.
If they had viewed the emails, which included the discussion of legal strategy, Snyder's defense believes his case has been prejudiced. Snyder has asked that the three-count indictment against him be dropped, or that the current prosecution team be dismissed.
Those who had seen at least some of the emails in question, including attorneys and investigators, were allowed to remain. The hearing continued for nearly six hours with only two short breaks. There was no resolution nor a date set for a continuance.
In addition, Bennett filed a motion to continue the trial to Oct. 1, or later, this year. The trial had been set to begin June 4. The motion, filed late Wednesday, cites the lack of resolution in the email issue and a large amount of discovery just turned over last month.
"In short, a trial on the merits cannot occur until the propriety of the government’s email seizure is decided — this inquiry is necessarily complex, as neither the propriety of email account seizures nor the use of tainted teams as applied by government agents in this investigation, have been settled by the Seventh Circuit," the latest motion reads.
"But even if the government shows that it did nothing wrong, a continuance is still necessary because of the time it will take to review and organize the mass of financial information, the number of witnesses, and the complexity of the issues involved in this matter. Those complexities also necessitate an adjustment to the Court’s current schedule for pretrial disclosures," the motion continues.
Judge in James Snyder's public corruption case will decide on necessity of witnesses at Thursday hearing
NWI Times
May 09, 2018
http://www.nwitimes.com/news/local/crime-and-courts/judge-in-james-snyder-s-public-corruption-case-will-decide/article_4921acb4-386f-5387-b78c-9bf568325ee9.html
HAMMOND — Whether Portage Mayor James Snyder is allowed to call witnesses at his hearing Thursday will be decided at the hearing.
In an order issued Wednesday by U.S. District Court Judge Joseph S. Van Bokkelen, Van Bokkelen writes that the court will hold an oral argument regarding disputed emails, giving Snyder a chance to explain why "a violation warranting sanctions against the government occurred." Prosecutors will also have a chance to respond.
It is only then that Van Bokkelen will allow argument by both sides and decide if an evidentiary hearing will be held regarding Snyder's allegations that federal prosecutors unfairly saw emails that should be considered privileged. If the judge decides to hold an evidentiary hearing, witnesses may be called, according to the order.
At issue is whether prosecutors read emails that could be considered privileged, include work product between Snyder and his former attorney Thomas Kirsch II, now U.S. District Attorney. Snyder contends they were read and his Sixth Amendment rights to a fair trial were violated. He is asking the indictment be dismissed or the prosecution team be disqualified.
Prosecutors on Tuesday asked for clarification from the court on whether or not up to a dozen witnesses could be called by Snyder's defense attorney Jackie M. Bennett Jr., of Indianapolis. The witnesses include Kirsch, along with FBI and IRS agents. Prosecutors contend it is unnecessary to call the witnesses and accused Snyder's defense of embarking on a "fishing expedition."
The hearing will be held at 10:30 a.m. Thursday in the federal courthouse in Hammond.
UPDATE: Indicted Portage mayor calls federal prosecutors' latest filing in case 'baffling'
NWI Times
May 08, 2018
Updated - May 09, 2018
http://www.nwitimes.com/news/local/crime-and-courts/update-indicted-portage-mayor-calls-federal-prosecutors-latest-filing-in/article_2a84f98f-cd99-5d58-a4f4-1a0efc14049b.html
HAMMOND — Federal prosecutors and indicted Portage Mayor James Snyder continued to take shots at each other Tuesday in filings in federal court.
Prosecutors accused Snyder of going on another "fishing expedition," this time by planning to call up to a dozen witnesses at Thursday's hearing, including Snyder's former attorney and now U.S. District Attorney Thomas L. Kirsch II.
Snyder called the government's claim "baffling" and questioned why they are just now objecting to information they were aware of for more than a week.
In a filing Tuesday afternoon, prosecutors asked for either a status conference or "further direction" from the court prior to the 10:30 a.m. hearing Thursday, which should determine whether federal prosecutors and investigators violated Snyder's Sixth Amendment rights by reading privileged emails.
Snyder is asking for the indictment to be dismissed, or that the prosecution team be disqualified if the judge finds his rights were violated.
That filing comes a day after Magistrate Judge John E. Martin ruled against Snyder's request for additional information ahead of the Thursday hearing.
According to documents filed in U.S. District Court on Monday, Martin wrote that Snyder's request for additional information regarding whether prosecutors had access to privileged emails was not relevant.
"None of the information being sought by defendant in the instant motion appears relevant to that question, and, as described above, he has not specifically described how any of the materials he seeks would prove his case," Martin wrote.
"It may be that Judge (Joseph) Van Bokkelen will determine that he needs more information to reach a decision about the constitutional question raised by defendant, and, if so, will order specific discovery at that time. But defendant has not explained in these briefs exactly what discovery he is still seeking from the government, or how those materials both fall within the scope of discoverable material and support his claim of constitutional violation."
Defense slates dozen witnesses for Thursday hearing
In Tuesday's filing, prosecutors said they have learned that Snyder's attorney, Jackie M. Bennett Jr., intends to call up to a dozen witnesses at Thursday's hearing, including Kirsch, two FBI agents, two assistant U.S. attorneys, two IRS agents, "a confidential human source," and four others, in response to Monday's ruling.
"Based on the above information, it appears to the government that defendant intends to attempt to accomplish through witness testimony what Magistrate Judge Martin denied him the opportunity to do via Rule 16 discovery: embark on a wide-ranging fishing expedition into areas that have no bearing on defendant’s guilt or innocence as to the crimes charged, and, as will be shown below, also have no legal relevance to the resolution of defendant’s motion to disqualify government counsel," Tuesday's filing by the U.S. attorney's office reads.
Bennett struck back in the later filing Tuesday afternoon, saying the government "now two days before that hearing seeks to drastically limit the hearing's scope. The government's tactic of having Snyder prepare for one hearing and then seeking to limit that hearing two days before is yet another illegitimate procedural tactic."
Bennett also accused the government of withholding information and releasing it in a "trickle," and attempting to "keep its conduct secret."
Prosecutors seek to clarify witnesses' testimony
Prosecutors also are asking for clarification before Thursday's hearing on whether the 12 witnesses will be called "to explore issues not germane to the court's ruling on the pending motion." Prosecutors contend that defense attorneys should not be allowed to question "the filter team members' deliberative process."
Bennett said he, too, would like to have a status conference, but wants the court to confirm that the hearing "is actually going to be an evidentiary hearing with the witnesses the government has already agreed to subpoena."
The document also reveals of the initial 35 emails in question, only three are relevant to issues likely to arise at the trial slated to begin June 4, and that only one of those will be added to the government's exhibit list. That email, according to a footnote on the filing, was retrieved from Assistant Street Superintendent Randy Reeder's personal email.
"A process entailing the review of tens of thousands of email messages that resulted in dispute as to only 35, only one of which the government may seek to use at trial, cannot, in any logical way, be branded as outrageous government conduct. Thus, any inquiry by the defense into the filter team members’ deliberative process (i.e., their legal analysis of any particular email) would be meaningless and should not be allowed," government prosecutors wrote.
UPDATE: Indicted Portage mayor calls federal prosecutors' latest filing in case 'baffling'
NWI Times
May 08, 2018
http://www.nwitimes.com/news/local/crime-and-courts/update-indicted-portage-mayor-calls-federal-prosecutors-latest-filing-in/article_2a84f98f-cd99-5d58-a4f4-1a0efc14049b.html
HAMMOND — Federal prosecutors and indicted Portage Mayor James Snyder continued to take shots at each other Tuesday in filings in federal court.
Prosecutors accused Snyder of going on another "fishing expedition," this time by planning to call up to a dozen witnesses at Thursday's hearing, including Snyder's former attorney and now U.S. District Attorney Thomas L. Kirsch II.
Snyder called the government's claim "baffling" and questioned why they are just now objecting to information they were aware of for more than a week.
In a filing Tuesday afternoon, prosecutors asked for either a status conference or "further direction" from the court prior to the 10:30 a.m. hearing Thursday, which should determine whether federal prosecutors and investigators violated Snyder's Sixth Amendment rights by reading privileged emails.
Snyder is asking for the indictment to be dismissed, or that the prosecution team be disqualified if the judge finds his rights were violated.
That filing comes a day after Magistrate Judge John E. Martin ruled against Snyder's request for additional information ahead of the Thursday hearing.
According to documents filed in U.S. District Court on Monday, Martin wrote that Snyder's request for additional information regarding whether prosecutors had access to privileged emails was not relevant.
"None of the information being sought by defendant in the instant motion appears relevant to that question, and, as described above, he has not specifically described how any of the materials he seeks would prove his case," Martin wrote.
"It may be that Judge (Joseph) Van Bokkelen will determine that he needs more information to reach a decision about the constitutional question raised by defendant, and, if so, will order specific discovery at that time. But defendant has not explained in these briefs exactly what discovery he is still seeking from the government, or how those materials both fall within the scope of discoverable material and support his claim of constitutional violation."
Defense slates dozen witnesses for Thursday hearing
In Tuesday's filing, prosecutors said they have learned that Snyder's attorney, Jackie M. Bennett Jr., intends to call up to a dozen witnesses at Thursday's hearing, including Kirsch, two FBI agents, two assistant U.S. attorneys, two IRS agents, "a confidential human source," and four others, in response to Monday's ruling.
"Based on the above information, it appears to the government that defendant intends to attempt to accomplish through witness testimony what Magistrate Judge Martin denied him the opportunity to do via Rule 16 discovery: embark on a wide-ranging fishing expedition into areas that have no bearing on defendant’s guilt or innocence as to the crimes charged, and, as will be shown below, also have no legal relevance to the resolution of defendant’s motion to disqualify government counsel," Tuesday's filing by the U.S. attorney's office reads.
Bennett struck back in the later filing Tuesday afternoon, saying the government "now two days before that hearing seeks to drastically limit the hearing's scope. The government's tactic of having Snyder prepare for one hearing and then seeking to limit that hearing two days before is yet another illegitimate procedural tactic."
Bennett also accused the government of withholding information and releasing it in a "trickle," and attempting to "keep its conduct secret."
Prosecutors seek to clarify witnesses' testimony
Prosecutors also are asking for clarification before Thursday's hearing on whether the 12 witnesses will be called "to explore issues not germane to the court's ruling on the pending motion." Prosecutors contend that defense attorneys should not be allowed to question "the filter team members' deliberative process."
Bennett said he, too, would like to have a status conference, but wants the court to confirm that the hearing "is actually going to be an evidentiary hearing with the witnesses the government has already agreed to subpoena."
The document also reveals of the initial 35 emails in question, only three are relevant to issues likely to arise at the trial slated to begin June 4, and that only one of those will be added to the government's exhibit list. That email, according to a footnote on the filing, was retrieved from Assistant Street Superintendent Randy Reeder's personal email.
"A process entailing the review of tens of thousands of email messages that resulted in dispute as to only 35, only one of which the government may seek to use at trial, cannot, in any logical way, be branded as outrageous government conduct. Thus, any inquiry by the defense into the filter team members’ deliberative process (i.e., their legal analysis of any particular email) would be meaningless and should not be allowed," government prosecutors wrote.
Judge rules against Portage mayor in motion to compel discovery
NWI Times
May 07, 2018
http://www.nwitimes.com/news/local/crime-and-courts/judge-rules-against-portage-mayor-in-motion-to-compel-discovery/article_2a84f98f-cd99-5d58-a4f4-1a0efc14049b.html
HAMMOND — A federal magistrate has ruled against indicted Portage Mayor James Snyder's request for additional information ahead of a Thursday hearing that could determine whether or not Snyder's rights were violated.
According to documents filed in U.S. District Court on Monday, Magistrate Judge John E. Martin wrote that Snyder's request for additional information regarding whether or not prosecutors had access to privileged emails was not relevant.
"None of the information being sought by defendant in the instant motion appears relevant to that question, and, as described above, he has not specifically described how any of the materials he seeks would prove his case," Martin wrote. "It may be that Judge (Joseph) Van Bokkelen will determine that he needs more information to reach a decision about the constitutional question raised by defendant, and, if so, will order specific discovery at that time, but defendant has not explained in these briefs exactly what discovery he is still seeking from the government or how those materials both fall within the scope of discoverable material and support his claim of constitutional violation."
In late February, Snyder's defense attorney Jackie M. Bennett Jr., of Indianapolis, filed a motion seeking to disqualify prosecutors in the case or dismiss the indictment entirely, contending privileged emails had been read by prosecutors and that had violated attorney-client privilege, a violation of Snyder's Sixth Amendment rights to a fair trial.
While an initial motion to provide discovery was granted, Bennett filed the second motion to compel last month.
In the filing Monday, Martin wrote: "Indeed, none of Defendant’s briefs actually describe what specific documents he is requesting or make any arguments about how particular documents are material to his defense."
A hearing is set for 10:30 a.m. Thursday in Van Bokkelen's courtroom to determine whether or not the federal privilege review process failed and if Snyder's rights have been violated.
Snyder's public corruption trial is set for June 4.
Portage Mayor Snyder co-defendant, potential government witnesses waive possible attorney conflicts
NWI Times
May 03, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-snyder-co-defendant-potential-government-witnesses-waive-possible/article_85156f65-c643-506c-971a-1e22ab645fea.html
HAMMOND — Portage Mayor James Snyder's co-defendant John Cortina waived any concerns his attorney may have regarding conflicts of interest heading into his and Snyder's public corruption trial next month.
During a hearing Thursday in front of U.S. District Court Magistrate Judge John E. Martin, Cortina was questioned along with six potential government witnesses regarding their understanding of conflict of interest issues related to Cortina's attorney Kevin Milner.
Cortina was indicted along with Snyder in November 2016. He was charged with one count of bribery, alleging he gave Snyder $12,000 to be put on the city's tow list. They are both set to stand trial June 4. Snyder has also been charged with a second count of bribery and a count of tax evasion regarding his private mortgage business.
Martin explained to Cortina that Milner will not be able to cross examine the six potential government witnesses because they previously were clients of Milner's. Milner also is not allowed to use information he may have gained about those witnesses when he represented them.
The six were Randy Reeder, assistant street superintendent; Amanda Lakie, Snyder's administrative assistant; Steve and Robert Buha, former owners of Great Lakes Peterbilt; and Brett Searle and Scott McIntyre, employees of that company.
The second bribery count against Snyder alleges he solicited $13,000 from the trucking company in return for city contracts.
"You have a right to a conflict-free trial," Martin told Cortina, adding maintaining Milner as his attorney would mean that neither Cortina nor Milner could ask the witnesses questions during the trial.
"You have no voice to ask questions," Martin said. "I cannot determine if that will be significant or not. If it is, you can't use it on appeal. You are giving up your right to a conflict-free counsel regarding those six witnesses."
Cortina told the judge he wanted to continue with Milner as his attorney.
The judge also asked questions of the six potential witnesses, telling them another defense attorney from Snyder's legal team would have to cross examine them if called as witnesses by the government. He also said they would have to hire different attorneys if they sought legal counsel. None had any objections. McIntyre joined the hearing by telephone, something, Martin said, was unusual, but allowed in this case because of McIntyre's work obligations.
Tow operator in Portage corruption case sticks with attorney after conflict issue probed
Chicago Tribune
May 03, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-cortina-attorney-conflict-st-0504-story.html
A tow operator indicted with Portage Mayor James Snyder in November 2016 waived his ability to question witnesses who could testify against the mayor.
Federal Magistrate John Martin held a hearing Thursday to remove any concern that John Cortina, of Kustom Auto Body in Portage, would not get adequate legal representation from Kevin Milner because Milner also represented Portage city staffers who were called before a federal grand jury.
Martin said that if Cortina retained Milner, the defense attorney’s prior representation of several potential witnesses, would preclude him from questioning those people during the tow operator’s trial. Martin said Milner will also not be able to use any information he knows about the witnesses to aid Cortina’s defense.
“You will not have a voice to ask that question,” Martin said.
“I understand,” Cortina said.
Assistant U.S. Attorney Philip Benson said he wanted it to be clear that if one of those six potential witnesses says anything derogatory or detrimental about Cortina, that he will be unable to question them.
“That may or may not happen,” Benson said. “Probably not going to happen.”
“Mr. Cortina, do you understand what Mr. Benson is saying?” Martin asked.
“Yes,” Cortina said.
Milner previously represented several Portage employees and the former owners and employees at Great Lake Peterbilt, according to the motion, and federal prosecutors may call one or more of those people as witnesses during the trial.
Prosecutors say Snyder arranged for Milner to represent the city employees, and the city eventually paid for those legal costs.
Martin questioned Milner’s prior clients: Randy Reeder, Portage’s assistant street superintendent; Amanda Lakie, Synder’s administrative assistant; Robert and Steven Buha, former owners of Great Lakes Peterbilt; and Brett Searle and Scott McIntyre, of Great Lakes Peterbilt.
“Mr. Milner will not be able to share any information he has about you six,” Martin said.
Milner said two of the six are represented by another attorney and the other four already have that information.
“They will have an attorney available should they want one,” Milner said.
None of the six raised any issue with needing another lawyer since Milner is representing Cortina.
The motion said Milner’s prior representation of potential witnesses could affect Cortina’s right to an attorney free of conflicts, according to court documents, but the defendant could file a waiver with the court.
Martin said he’d found that Cortina understood what he was waiving.
Snyder and Cortina were charged with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for allegedly accepting $13,000 in connection with a Board of Works contract, and another count for allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
The trial for Snyder and Cortina is tentatively set to start in June, according to court documents.
Snyder continues to push for information on feds' email review
Chicago Tribune
April 30, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-trial-discovery-push-st-0501-story.html
Having already questioned federal investigators’ access to Portage Mayor James Snyder’s email, his defense team is continuing its push to find out how those emails were screened.
Defense attorney Jackie Bennett Jr. and federal prosecutors have exchanged a series of court filings as Snyder’s team tries to force the release of documentation of how investigators were told to screen the mayor’s email communication, according to documents filed Monday.
Bennett said asked to court to compel federal investigators to release “documentary materials regarding its privilege filter” showing how Snyder’s seized email communications were screened, but Assistant U.S. Attorney Jill Koster said, in court filings, what the defense is seeking “are not things which can be inspected or copied like books or documents.”
Snyder argued that the government has not produced any evidence that it maintained a privilege filter during its investigation into the case, according to court filings, and prosecutors now say that information is not subject to discovery as it is work product.
“When Snyder now seeks confirmation that the government did not have a mechanism to recognize and quarantine from the trial team such work product, the government responds that information regarding its purported privilege filter is protected as its own work product,” Bennett wrote in court documents. “Apart from its self-serving rhetorical tautology, however, this argument should be denied for its sheer chutzpah.”
Koster said “the defendant’s interrogatories seek answers, not things” but then recast its request for material the defense would not have access to.
“What takes chutzpah is misrepresenting the holding of a Supreme Court case to support one’s request for discovery which is specifically prohibited by a black-letter rule of federal criminal procedure,” Koster wrote.
The documentation on the “taint team” procedures sought by Snyder’s attorneys follows accusations that the trial team had access to privileged emails between the mayor and his defense attorneys, according to court documents, and warrants a judge to require new prosecutors handle the case and could rise to the dismissal of several charges.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Thomas Kirsch II, who was then the mayor’s defense attorney before being appointed as U.S. attorney, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder’s case, according to court documents, and U.S. attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
Judge Joseph Van Bokkelen has set a May 10 hearing to review the motion to disqualify the trial team and potentially dismiss some of the charges against Snyder.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
NWI Times
April 30, 2018
http://www.nwitimes.com/news/local/crime-and-courts/prosecutors-defense-continue-to-argue-over-documents-and-information-in/article_0e4a2b3f-3f6e-5874-809b-ca3d08f98ec3.html
HAMMOND — Prosecutors and defense in Portage Mayor James Snyder's public corruption case continue to battle over the release of information by federal investigators.
At issue is Snyder's motion to compel federal prosecutors to turn over additional discovery regarding the procedures used to cull through hundreds of emails to determine which, if any, qualified for attorney-client privilege.
Snyder's defense team filed an initial motion to compel on March 20. A second motion to compel was filed April 16.
While Snyder's team contends the information requested is necessary to defend their position that federal investigators and prosecutors saw and used emails that should have been considered attorney/client privilege, the U.S. attorney's office is claiming that Snyder is not entitled to that information for a variety of reasons.
During a phone conference on April 23, both sides agreed that sufficient information had been presented to the court via the filing of multiple briefs by both sides to make a decision and that a hearing on Snyder's motions to compel was not necessary for the judge to rule.
However, the U.S. attorney's office filed another reply in opposition to Snyder's arguments on Friday. That reply continues to contend that the prosecution does not have to turn over the requested information or documents because they aren't relevant to Snyder's case.
Snyder's attorney, Jackie M. Bennett Jr., of Indianapolis, on Monday filed yet another argument on the issue, saying prosecutors are wrong on the issue and that filing yet another brief after an agreement had been made not to hold a hearing is not an "appropriate procedural tactic."
No date has been set as to when U.S. District Court Judge Joseph Van Bokklen may rule on the issue. Snyder has asked that the prosecution turn over the information by Thursday in anticipation of a May 10 hearing in the case. The May 10 hearing will hear evidence as to whether Snyder's Sixth Amendment rights to a fair trial were violated by prosecutors, who Snyder contends unfairly reviewed privileged communications between himself and his former attorney Thomas Kirsch II, now U.S. attorney for the Northern District of Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.
Snyder has asked that his indictment be dismissed or that the current prosecuting team be disqualified.
Snyder was indicted in November 2016 on counts of bribery and tax evasion. His trial has been set for June 4.
NWI Times
April 26, 2018
http://www.nwitimes.com/news/local/crime-and-courts/hearing-set-on-portage-mayor-s-claims-his-rights-were/article_95ace816-1f6b-53c6-a753-1aadadf4a276.html
HAMMOND — A hearing to determine whether indicted Portage Mayor James Snyder's rights have been violated will be held May 10.
U.S. District Court Judge Joseph Van Bokkelen set the in-person hearing for 10:30 a.m. in his courtroom.
In a motion filed by Snyder's defense team on Feb. 28, they claimed that federal investigators and prosecutors unfairly reviewed emails that should be considered attorney/client privilege.
The motion claims those emails contained several confidential communications between Snyder and his former defense attorney Thomas Kirsch II, now U.S. attorney for the Northern District of Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.
A practice known as a "taint team," made up of prosecutors and law enforcement agents, was put in place to screen the communications to protect Snyder's rights and determine which of the documents should not be viewed by the prosecution.
Snyder contends the process failed and the failure to keep the alleged attorney/client privilege emails out of view of investigators and prosecutors violated his Sixth Amendment rights to a fair trial.
Van Bokkelen held a hearing on the issue March 15. The judge said he didn't see a "smoking gun" in the emails the defense is complaining about, but he is too unfamiliar with the 4-year-old investigation to determine what information is and isn't important. He directed both sides to file additional briefs to prove their case.
The filing of those briefs led to additional claims by Snyder's defense attorney, Jackie M. Bennett, of Indianapolis, that prosecutors had not been forthcoming in providing information on the email review process. Bennett filed a motion requesting the courts to compel the prosecution to provide that information. The court has not yet ruled on that motion.
Snyder was indicted in November 2016 on counts of bribery and tax evasion. His trial has been set for June 4.
NWI Times
April 23, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-accuses-government-of-lying-hiding-facts-in-latest/article_ab74fe96-f0bb-5d33-b589-acb8af5e16ea.html
HAMMOND — Portage Mayor James Snyder's defense team is accusing the U.S. attorney's office of lying and keeping secret information necessary for his defense.
In a filing in Snyder's public corruption case on Sunday in U.S. District Court in Hammond, Snyder's lead attorney, Jackie M. Bennett of Indianapolis, argues federal prosecutors have "repeatedly misrepresented material facts" regarding the issue of whether prosecutors have viewed attorney/client privileged emails and whether viewing those emails have prejudiced Snyder.
The issue over Snyder's email and his contentions that his rights have been violated will be decided without a hearing. According to court documents filed Monday, "all parties" agreed during a teleconference Monday that no hearing will be necessary to decide the motion regarding the email.
The response filed Sunday defends Snyder's second motion to compel discovery last week, which contends prosecutors have not provided requested information regarding the email review process.
Bennett contends the process to filter the emails failed and, not only have prosecutors viewed confidential emails, but also have changed their stories several times regarding that process and whether the emails have been viewed.
Snyder claims both his Sixth and Fourth Amendment rights have been violated and seeks either the indictment against him be dismissed or the current prosecution team be disqualified.
"Snyder's attempt to understand the government's privilege filter has been hampered not only by the government's reticence regarding what procedures it had in place to protect Snyder's constitutional rights, but also the government's ever-changing description of the filter process," according to the latest filing.
"These changing representations bear directly upon fundamental matters of whether some agents have viewed or been exposed to every email," the filing continues, adding "the government's story never improves; instead, in each case the emended representation shows or suggests that the problems previously identified by Snyder are worse than originally known."
Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, along with tax evasion charges related to his private business.
NWI Times
April 20, 2018
http://www.nwitimes.com/news/local/govt-and-politics/portage-mayor-city-council-reach-agreement-over-fate-of-utility/article_f36bee0b-9773-5599-8870-87b76ee62dda.html
PORTAGE — The City Council and Mayor James Snyder have reached an agreement on how to end their dispute over the legality of the Utility Service Board.
The stipulated agreement was approved by the City Council late Friday afternoon and will be entered into the courts, canceling a hearing scheduled for Monday morning.
Snyder brought a lawsuit against the City Council about two months ago, claiming they were acting in opposition to state law and the USB was improperly formed.
The City Council, which took over the USB just over a year ago, claiming Snyder was inappropriately using funds from the utility department to lease cars and attempted to spend $93,000 of the department's money to pay his personal legal fees, believed the board was acting properly.
In essence, the agreement calls for the council to create separate stormwater and sanitary sewer boards, which operated in the city prior to 2010 when the two boards were combined into one Utility Service Board.
The council will likely create those boards at its May 1 meeting, said City Council Attorney Ken Elwood, adding the board will not have any authority until the process is completed to dismantle the USB.
"They will begin the process to discuss how to unwind the USB and go back to the two boards," Elwood said, adding it must be done in a "reasonable" amount of time.
Once the negotiations on how to dismantle the USB are completed, Elwood said, the council will vote on the final package and transfer authority to the re-created Sanitary Board and Storm Water Management Board.
The agreement also states that the USB will not take any actions outside the day-to-day operation, current stormwater fees will be collected and increased revenue from those fees will be impounded until the USB is dissolved.
Elwood said if negotiations break down and an agreement cannot be reached in that reasonable time, the matter will return to the courts.
The agreement, Elwood said, does not say who is right or who is wrong.
"We still believe our position is correct," Elwood said.
"It is what we have been trying to do since Dec. 5," said Snyder, contacted after the meeting. "The agreed order gets the City Council to follow the law. It is good for Portage."
"I think this is in the best interest of all the parties," said City Council President Mark Oprisko, adding a continued legal battle would be costly with taxpayers paying for both sides. "I think the people who are going to benefit are the taxpayers of Portage."
NWI Times
April 20, 2018
http://www.nwitimes.com/news/local/crime-and-courts/hearings-will-be-held-on-two-matters-in-snyder-corruption/article_375491fc-11ed-5ac1-8ac7-ef401e16fff3.html
HAMMOND — Hearings will be held in two matters pertaining to Portage Mayor James Snyder's public corruption case.
The date of the hearings will be set during a teleconference with all parties on Tuesday, according to U.S. District Court documents.
The court has agreed to hold a hearing on the potential conflict of interest issue regarding Kevin Milner, the attorney representing Snyder's co-defendant on one of the charges, John Cortina of Portage. Milner asked for the hearing as he also represented other potential witnesses in the Snyder case.
A hearing will also be held on Snyder's motion to compel federal prosecutors to turn over information requested in an April 12 letter. Snyder's defense has requested information on the "taint team" procedure used to cull through hundreds of emails to declare whether or not the emails are attorney/client privilege.
Snyder has requested the charges be dropped or the prosecution team be dismissed because he contends prosecutors viewed privileged emails and violated his Sixth Amendment rights to a fair trial.
Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, along with tax evasion charges related to his private business. Cortina was indicted for allegedly paying Snyder $12,000 to be put on the city's tow list.
The trial is set for June 4.
NWI Times
April 19, 2018
http://www.nwitimes.com/news/local/crime-and-courts/battle-over-portage-mayor-s-emails-continues-in-federal-court/article_755ce058-ec8b-5d70-85b7-c0f743c103ac.html
HAMMOND — Federal prosecutors in the public corruption case of Portage Mayor James Snyder say information Snyder is seeking is "not relevant" for a judge to determine if a group of emails are attorney/client privilege.
In the third filing in the case this week, federal prosecutors answered a motion filed Monday by Snyder's defense team.
Snyder's motion asks the U.S. District Court to compel prosecutors to turn over information requested from the assistant district attorney in an April 12 letter regarding the government's review process of Snyder's emails.
"The information Defendant seeks is not relevant to any defense or other admissible issue at trial, however. As already explained, it also is not relevant or essential to the Court’s determination of his pending motion. To the extent Defendant seeks the information because he believes it will help him challenge the propriety of the email search warrants, the government has addressed that argument, too. Simply put, Defendant has failed to establish that he is entitled to the information he seeks and, accordingly, Defendant’s motion to compel should be denied," reads the response to Snyder's motion.
Snyder has asked the indictments be dropped or the prosecution team be dismissed because of the alleged violation involving the emails.
Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, along with tax evasion charges related to his private business. His trial is set for June 4.
Chicago Daily Herald
April 18, 2018
http://www.dailyherald.com/article/20180418/news/304189906/
PORTAGE, Ind. -- An indicted northwest Indiana mayor hasn't proved that the handling of case-related emails warrant dismissing his corruption charges, according to a federal prosecutor.
Portage Mayor James Snyder recently filed a motion to have bribery and tax evasion charges dismissed because trial attorneys saw emails he said were protected by attorney-client privilege and contained information about work product and legal strategy. Snyder also previously asked for the prosecution team's dismissal.
Snyder and his attorney haven't illustrated how the email situation infringes on Snyder's constitutional right to a fair trial, said Jill Koster, assistant U.S. attorney. She said there's no evidence the emails were privileged and the defense hasn't shown any resulting prejudice.
"Even if defendant were able to meet his burden, he cites no support for the proposition that indictments ought to be dismissed or prosecution teams disqualified when attorney work-product is revealed," Koster said.
Snyder's lawyer, Jackie M. Bennett Jr., filed a motion Monday asking the U.S. District Court to compel prosecutors to turn over information about the government's review process of the emails.
The government filed a response that same day alleging the defense is starting a "fishing expedition" with such information inquiries.
Snyder was indicted in November 2016. He pleaded not guilty last year to bribery related to city towing vendor and public works contracts, and tax evasion charges related to Snyder's private business. His trial is scheduled for June 4.
Snyder is a Republican who was elected to his second term as Portage mayor in 2015.
The Democratic former sheriff of neighboring Lake County, John Buncich, was sentenced in January to more than 15 years in prison for a related case of accepting tens of thousands of dollars in bribes from towing businesses.
Indiana Lawyer
April 18, 2018
https://www.theindianalawyer.com/articles/46750-prosecutor-opposes-portage-mayors-bid-to-dismiss-charges
A federal prosecutor says an indicted northwest Indiana mayor hasn’t proven his corruption charges should be dismissed because of how case-related emails were handled.
Portage Mayor James Snyder recently filed a motion to have bribery and tax evasion charges dismissed because trial attorneys saw emails he says were protected by attorney-client privilege. Snyder had also previously asked that the prosecution team be dismissed.
Assistant U.S. Attorney Jill Koster said Snyder and his attorney haven’t illustrated how the email situation infringes on Snyder’s constitutional rights. She said there’s no evidence the emails were privileged, and the defense hasn’t shown any resulting prejudice.
Snyder’s lawyer filed a motion Monday asking the U.S. District Court to compel prosecutors to turn over information about the government’s review of the emails.
NWI Times
April 17, 2018
http://www.nwitimes.com/news/local/crime-and-courts/indicted-portage-mayor-responds-in-latest-volley-of-briefs-in/article_bf873d1c-f9d6-5a94-82d9-cdfe20b34277.html
HAMMOND — Attorneys for indicted Portage Mayor James Snyder say despite the federal government issuing 120 subpoenas, having investigated every aspect of his life and "aggressive employment" of wired surveillance, they still aren't answering questions crucial to his defense.
Late Monday, Jackie M. Bennett Jr., of Indianapolis, filed yet another motion in the public corruption case.
The motion asks the U.S. District Court here to compel prosecutors to turn over information Bennett requested from the assistant district attorney in an April 12 letter regarding the government's review process of Snyder's emails.
Snyder's response is the latest filing in the battle between Snyder's defense team and the U.S. attorney's office over whether two to three dozen emails seized by the government during the investigation are covered by attorney/client privilege. Snyder has claimed the emails they consider deal with work product and/or legal strategy slipped through the prosecution's review process and were unfairly seen by investigators and prosecutors, violating Snyder's Sixth Amendment right to a fair trial.
Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, along with tax evasion charges related to his private business. His trial is set for June 4.
Snyder has asked the indictments be dropped because of the alleged violation or that the present prosecuting team be dismissed.
Government prosecutors have countered Snyder's claims, saying the emails in question are not attorney/client privileged and, even if they were, they do not unfairly prejudice his case.
In the government's latest filing, also on Monday, prosecutors also accused the defense of a going on a "fishing expedition" in regards to the inquiries.
"The government is wrong; the information sought is directly related to a topic the Court has instructed the parties to brief, and Snyder cannot fairly be expected to brief or explain that issue while the government keeps it conduct in secret," according to the brief filed by Bennett.
The motion goes on to outline the history of the requests and of the battle over the email issue. It requests the court to order prosecutors to answer Snyder's questions by Wednesday.
April 17, 2018
Post-Tribune
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-motion-dismiss-response-st-0418-story.html
A federal prosecutor is arguing that indicted Portage Mayor James Snyder has not proved that the handling of emails warrants the dismissal of the corruption charges he faces or the disqualification of the trial team.
Assistant U.S. Attorney Jill Koster on Monday said Snyder and his defense attorney, Jackie Bennett Jr., have failed to show how emails they say were subject to attorney-client privilege but seen by trial attorneys is grounds to dismiss the charges against the Portage mayor for infringing on his constitutional rights.
“… Even if defendant were able to meet his burden, he cites no support for the proposition that indictments ought to be dismissed or prosecution teams disqualified when attorney work-product is revealed,” Koster said in her response.
Koster said there’s been no evidence that the emails in question were privileged, according to court documents, and that the defense has not shown any prejudice as a result of those communications being viewed by the trial team.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Thomas Kirsch II, who was then the mayor’s defense attorney before being appointed as U.S. attorney, were seized in 2015, according to court documents.
Judge Joseph Van Bokkelen has not ruled on the email issue, and during a march hearing said it did not appear any of the communications looked like a “smoking gun.”
Kirsch has recused himself from Snyder’s case, according to court documents, and U.S. attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges, according to court documents.
During the discovery process for Snyder’s trial, Bennett said it was found that documents reviewed by the prosecutors contained confidential attorney-client material, according to court documents. Bennett said federal investigators used a “taint team” to review the email communication seized, according to court documents, but that review failed to shield all privileged communications from the trial team.
Bennett said when the defense received the emails quarantined by federal investigators for being privileged, several of those were also found in possession of the trial team.
“It is now beyond dispute, the government’s trial team has admitted it viewed communications that the taint team had previously deemed confidential,” Bennett wrote. “Worse, the subject matter of those privileged communication relates directly to core allegations charged in the indictment.”
Koster said it appears that versions of those documents were marked as both privileged and non-privileged, according to the motion, but those discrepancies do not change the fact those communications should not be shielded.
“…Any such errors by the government do not rise to the level of a violation of the defendant’s constitutional rights and certainly not a violation that warrants dismissal of the indictment, especially where defendant still has not explained how he has been prejudiced by the government’s actions,” Koster wrote.
NWI Times
April 16, 2018
http://www.nwitimes.com/news/local/crime-and-courts/prosecution-in-snyder-corruption-case-pushes-for-answers-on-emails/article_2e895cc5-c533-5035-bcc0-6519ddeb026d.html
HAMMOND — The prosecutors in Portage Mayor James Snyder's federal corruption case say in their latest filing that the court has sufficient information to make a decision to move the case forward.
In the filing Monday in U.S. District Court, they also accuse Snyder of a "fishing expedition" serving no relevant purpose in demanding the government answer numerous questions regarding the email review process.
The government response is the latest filing in the battle between Snyder's defense team and the U.S. attorney's office over whether two to three dozen emails seized by the government during the investigation are covered by attorney/client privilege. Snyder's attorney, Indianapolis-based Jackie M. Bennett, has claimed the emails they consider deal with work product and/or legal strategy slipped through the prosecution's review process and were unfairly seen by investigators and prosecutors, violating Snyder's Sixth Amendment right to a fair trial.
Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, along with tax evasion charges related to his private business. His trial is set for June 4.
Snyder has asked the indictments be dropped because of the alleged violation or that the present prosecuting team be dismissed.
"Critically, defendant's new claims do not change the two questions this court need answer to resolve the defendant's motion," reads the latest filing, adding those questions are whether the emails are privileged and, even if they are, has Snyder been sufficiently prejudiced to warrant his requested dismissal.
"Defendant has failed to show that any of the disputed documents reveal defense counsel's thoughts or strategies," according to the brief.
"Defendant filed versions of these exhibits publicly, raising the question whether he has waived any privilege and protection he previously contended they deserve," the prosecution continues.
The brief also contends that Snyder has "repeated his demand that the government answer numerous interrogatories regarding its review process." That, prosecutors say, is a "fishing expedition."
At a hearing in March, a federal judge said he needed more information to decide whether government investigators mishandled email evidence seized from Snyder. At that time, the judge said he did not see a "smoking gun" in Snyder's claims. Since then, both sides have filed briefs supporting their claims.
Post-Tribune
April 11, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-cortina-corruption-conflicts-motion-st-0412-story.html
A federal judge may have to decide if any potential conflicts of interest exist that could affect the case against a tow operator indicted alongside Portage Mayor James Snyder.
Defense attorney Kevin Milner and Assistant U.S. Attorney Jill Koster filed a motion Tuesday asking Judge Joseph Van Bokkelen to set a hearing to decide on whether precautions should be taken since John Cortina, of Kustom Auto Body in Portage, is represented by an attorney who previously worked for witnesses that could testify in the corruption case.
The motion said Milner’s prior representation of potential witnesses could affect Cortina’s right to an attorney free of conflicts, according to court documents, but the defendant could file a waiver with the court.
Milner previously represented several Portage municipal employees and the former owners and employees at Great Lake Peterbilt, according to the motion, and federal prosecutors may call one or more of those people as witnesses during the trial.
“The government has since communicated with Mr. Milner about this issue and Mr. Milner has informed the government that, after reviewing this case completely, he has determined that there is no reason he will need to cross-examine any of his prior clients,” the motion said.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
The trial for Snyder and Cortina is tentatively set to start in June, according to court documents.
On Monday, Snyder filed a motion to dismiss the charges against him, saying that the case was compromised after prosecutors were able to view privileged communication between the mayor and his defense attorneys.
NWI Times
April 11, 2018
http://www.nwitimes.com/news/local/crime-and-courts/hearing-on-attorney-conflict-of-interest-requested-in-portage-public/article_4bf87c57-a031-5f04-9adb-37294ba9afda.html
HAMMOND — Both prosecutors and the defense in one of the federal Portage public corruption cases involving Mayor James Snyder are asking for a hearing to determine whether an attorney has a potential conflict of interest.
John Cortina, owner of Kustom Auto Body, 5409 U.S. 6, Portage, was indicted along with Snyder in November 2016, charged with giving Snyder $12,000 in return for being put on the city's list of towing companies.
In a filing late Tuesday in U.S. District Court here, Cortina's attorney, Kevin Milner, of Crown Point, and the U.S. District Attorney's Office have asked that a hearing be set prior to April 20 to determine potential conflict of interest on Milner's part under the Indiana Rules of Professional Conduct.
The motion requests a hearing by April 20 so not to delay the start of the trial, scheduled for June 4.
According to the motion, Milner also represented individuals who were questioned by the government and are likely to be witnesses in a different federal charge against Snyder involving his allegedly accepting $13,000 in exchange for awarding contracts for garbage trucks. The filing also states that Milner has worked closely with Snyder's defense team.
The motion raises the concern of violating the Indiana Rules of Professional Conduct for attorneys, as well as affecting Cortina's Sixth Amendment right to an attorney free of potential or actual conflict of interest.
Cortina may waive his right to conflict-free counsel, and Milner's prior clients also may provide written waivers, according to the filing.
However, the two sides are requesting a hearing "out of an abundance of caution," so that Milner's previous clients provide the court with the waivers to be entered into the record. Those clients include Portage Assistant Street Superintendent Randy Reeder; Snyder's administrative assistant Amanda Lakie; former owners of Great Lakes Peterbilt Robert and Steven Buha; and GLP employees Brett Searle and Scott McIntyre, and Cortina. It also would allow those individuals to testify under oath, according to the document.
WLFI News - West Lafayette, IN
April 11, 2018
http://www.wlfi.com/content/news/Portage-mayor-seeks-dismissal-of-federal-corruption-probe-479429253.html
Portage Mayor James Snyder filed a motion Monday requesting the dismissal of his three-count indictment from 2016. He pleaded not guilty last year to bribery and tax evasion charges.
The request alleges there are at least 35 emails between Snyder and his defense attorneys that should've been quarantined and not viewed by prosecutors. The motion also alleges Snyder's Fourth Amendment rights were violated when his email accounts were seized.
Snyder had previously asked for the prosecution team's dismissal. A judge hasn't yet ruled on whether new prosecutors should take over the case.
Snyder's trial is set for June 4.
Kansas City Star
April 11, 2018
http://www.kansascity.com/news/business/technology/article208566844.html
PORTAGE, IND. - An indicted northwest Indiana mayor has asked a federal judge to dismiss his corruption case because prosecutors viewed dozens of what should have been confidential attorney-client emails.
Portage Mayor James Snyder filed a motion Monday requesting the dismissal of his three-count indictment from 2016. He pleaded not guilty last year to bribery related to city towing vendor and public works contracts, and tax evasion charges related to Snyder's private business.
The request alleges there are at least 35 emails between Snyder and his defense attorneys that should have been quarantined and not viewed by prosecutors. The motion also alleges Snyder's Fourth Amendment rights were violated when his email accounts were seized.
"It is now beyond dispute, the government's trial team has admitted it viewed communications that the taint team had previously deemed confidential," said Jackie Bennett Jr., Snyder's attorney. "Worse, the subject matter of those privileged communication relates directly to core allegations charged in the indictment."
The process used to differentiate between privileged emails was "either a failure by the government to endeavor in good faith to analyze whether certain communications were constitutionally protected, or a negligent or incompetent failure to have done so," the filing said.
Snyder had previously asked for the prosecution team's dismissal. Judge Joseph Van Bokkelen hasn't yet ruled on whether new prosecutors should take over the case.
Van Bokkelen said at a March hearing that the emails looked routine and none appeared to be privileged.
"There's no smoking guns," Van Bokkelen said.
Snyder's trial is set for June 4.
Snyder is a Republican who was elected to his second term as Portage mayor in 2015.
The Democratic former sheriff of neighboring Lake County, John Buncich, was sentenced in January to more than 15 years in prison for a related case of accepting tens of thousands of dollars in bribes from towing businesses.
Apr 10, 2018 - Updated 6:45PM
http://www.nwitimes.com/news/local/crime-and-courts/update-portage-mayor-files-motion-to-dismiss-public-corruption-probe/article_369bded0-efe7-5927-b5a1-e61c6e9d0f77.html
HAMMOND — In the most recent brief filed in the public corruption case of Portage Mayor James Snyder, Snyder is claiming the violation of his Sixth Amendment right to a fair trial is worse than he initially believed.
Snyder, who asked the present prosecution team be dismissed because they had viewed what should have been attorney-client privileged emails, is now asking the court to dismiss his three-count indictment entirely.
According to the motion filed Monday, Snyder knew only that roughly three dozen emails sent between him and his former attorney, Thomas Kirsch II — including several in which they discussed sensitive aspects of their legal defense strategy — came into the possession of the trial team.
According to the motion, more recent court-compelled discovery disclosures have confirmed Snyder’s suspicion that "the government’s left hand had no idea what its right hand was doing."
Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, and tax evasion charges related to his private business. His trial is set for June 4.
The 25-page brief filed in U.S. District Court by Snyder's Indianapolis-based attorney Jackie M. Bennett Jr. alleges four emails that earlier had been determined to be privileged also appeared in a group that were not considered privileged.
"... the government's taint team had designated as privileged certain Snyder emails that inexplicably were then passed, or otherwise made their way, to the government's trial team," and were used as evidence for over two years, according to the brief.
In another example cited by Bennett, other emails, which the defense believed had been determined as privileged, were used during grand jury testimony in an attempt to impeach a witness, one of Snyder's former employees in his private mortgage company.
In addition, the newest brief argues some emails that included other city employees are privileged, despite the prosecution's claim a third party recipient disqualifies the emails for that designation. Bennett argues the city employees included in those emails had played an "integral role" in developing the bidding procedure for the purchase of garbage trucks, which is at the center of one of the indictments.
The brief now contends there are at least 35 emails in question that are client-attorney work product and should have been quarantined and not viewed by the federal prosecution team.
The filing also goes on to allege the entire process the government team used to filter out potentially privileged emails was "either a failure by the government to endeavor in good faith to analyze whether certain communications were constitutionally protected, or a negligent or incompetent failure to have done so."
Bennett also claims Snyder's Fourth Amendment rights were violated in the seizure of his multiple email accounts.
At a hearing in March, a federal judge said he needed more information to decide whether government investigators mishandled email evidence seized from Snyder.
U.S. District Court Judge Joseph Van Bokkelen said then he did not see obvious indications the government took an impermissible look into Snyder's defense strategies. Prosecutors filed their briefs on the matter March 26 with Snyder's response being filed Monday.
Post-Tribune
April 10, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-corruption-motion-dismissal-st-0411-story.html
Indicted Portage Mayor James Snyder has asked a federal judge to dismiss his corruption case, according to court documents.
Snyder’s attorney, Jackie Bennett Jr., filed a motion Monday to dismiss the charges saying that federal prosecutors had access to privileged communications between the mayor and his defense attorneys despite a screening process by investigators that reportedly weeded out those emails, according to court documents.
“More recent court-compelled discovery productions have only confirmed Snyder’s suspicion that ‘the government’s left hand had no idea what its right hand was doing,’” Bennett said in the motion. “Most notably, communications that were deemed by the government’s taint team to be privileged – and thereafter supposedly ‘quarantined’ from the trial team – are among the documents it now admits it has freely accessed and used for two years.”
The U.S. Attorney’s Office does not comment on pending cases.
During the discovery process for Snyder’s trial, Bennett said it was found that documents reviewed by the prosecutors contained confidential attorney-client material, according to court documents. Bennett said federal investigators used a “taint team” to review the email communication seized, according to court documents, but that review failed to shield all privileged communications from the trial team.
Bennett said when the defense received the emails quarantined by federal investigators for being privileged, several of those were also found in possession of the trial team.
“It is now beyond dispute, the government’s trial team has admitted it viewed communications that the taint team had previously deemed confidential,” Bennett wrote. “Worse, the subject matter of those privileged communication relates directly to core allegations charged in the indictment.”
The motion to dismiss centers on issues related to emails screened by the federal trial team that contained privileged information, but Judge Joseph Van Bokkelen has not yet ruled on whether new prosecutors should handle the case.
The emails looked routine, Van Bokkelen said during a March hearing, and none of the documents that went through the screening appeared privileged.
“There’s no smoking guns,” Van Bokkelen said.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Thomas Kirsch II, who was then the mayor’s defense attorney before being appointed as U.S. attorney, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder’s case, according to court documents, and U.S. attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and “Individual A” and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for allegedly accepting $13,000 in connection with a Board of Works contract, and allegedly obstructing Internal Revenue Service laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
The trial for Snyder and Cortina is tentatively set to start in June, according to court documents.
Chicago Tribune
April 2, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-union-demostrate-st-0403-20180402-story.html
Dozens of union carpenters demonstrated outside of the Portage's highest profile development Friday, claiming two subcontractors working there are breaking state and federal laws.
The carpenters placed giant inflatables of a rat and one called "Fat Cat" in the shadow of the Promenade at Founders Square, a large, mixed-use development in the city's burgeoning, new downtown area.
Local leaders of the Indiana-Kentucky-Ohio Regional Council of Carpenters said Holladay Properties, the developer and general contractor behind the Promenade and the AmeriPlex complex on the city's north side, have known about complaints with the two subcontractors since last November but have failed to act.
Union leaders said they called for the public demonstration before Holladay could begin the second phase of the development.
Union leaders also said they have reached out to the Porter County Prosecutor's office to seek legal remedy but have not heard back.
Holladay Properties officials did not return calls seeking comment, nor did a man listed as an official with one of the subcontractors. A call to the other subcontractor went unanswered.
Union official Ron Necco, who also sits on the Portage Board of Public Works, which is chaired by Mayor James Snyder, was careful to describe the Friday event as a public demonstration and said the dispute is not "a union, non-union issue."
"It's an economic issue for the city," Necco said.
No workers could be seen on the site Friday morning.
Necco said Snyder is "behind us on this," but Snyder did not return a voicemail or text messages seeking comment.
NWI Times
March 30, 2018 - 1:00pm
http://www.nwitimes.com/news/local/crime-and-courts/prosecution-in-portage-mayor-james-snyder-s-corruption-case-says/article_fd0b893a-6233-5e4d-927d-b34ab4dc2474.html
HAMMOND — Federal prosecutors in the public corruption case against Portage Mayor James Snyder laid out their side in the dispute over 23 emails in a brief filed in federal court Friday.
In the government's response to Snyder's contention that federal prosecutors unfairly accessed 23 emails that should be considered attorney-client privilege, prosecutors ask the court to deny Snyder's request that the prosecution team be disqualified or the indictment be dismissed, saying the emails in question are not confidential and "do not reflect the solicitation or offering of legal advise."
Snyder, who was indicted in November 2016, is pleading not guilty to bribery charges related to city towing vendor and public works contracts, and tax evasion charges related to his private business. His trial is set for June 4.
At the center of some of the dispute is a batch of emails shared with city employees and Snyder's then counsel Thomas Kirsch II. Snyder hired Kirsch in 2014. The federal government last year named Kirsch as U.S. Attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. attorney's office in Chicago.
Many of those emails deal with Snyder allegedly soliciting $13,000 from Great Lakes Peterbilt days after the company received contracts worth over $1.125 million. Some are in regards to others and their questioning by FBI investigators during the investigation.
"Defendant has failed to establish that the 23 emails now in dispute are deserving of protection," reads the filing, adding even if the court disagrees, Snyder "did not suffer any actual prejudice as a result of their viewing by some members of the prosecution team."
The defense has until April 9 to file its own brief in the matter.
NWI Times
March 26, 2018
http://www.nwitimes.com/news/local/porter/court-orders-prosecutors-to-turn-over-documents-by-friday-in/article_495cf8b1-204d-57ab-9503-0bc86b5d7cda.html
HAMMOND — Prosecutors in the federal corruption case against Portage Mayor James Snyder have been ordered to turn over by Friday all remaining documents and materials in the prosecution's public corruption case against Snyder.
The ruling is the latest volley between the two sides.
Snyder contends prosecutors read privileged communications between himself and his former attorney — now U.S. Attorney — Thomas Kirsch II. Those private communications, he contends, would reveal his defense strategy and violate attorney-client privilege.
Kirsch, whom Snyder hired as his defense lawyer in 2014, was named U.S. attorney for the Northern District of Indiana in 2017. Kirsch has recused himself from Snyder's case, which now is being managed by the U.S. attorney's office in Chicago.
Snyder ultimately is asking the current prosecution team be discharged, or that the three-count indictment against him be dismissed because of what he believes are violations of attorney-client privilege.
Snyder's Indianapolis attorney, Jackie M. Bennett Jr., filed that motion March 20. Federal prosecutors answered the motion with one of their own, saying the government had turned over all emails seized by the FBI, including 300 that were truly privileged and never reviewed by the federal prosecution team.
Monday's court order called for the federal prosecutors to submit materials used in the discovery process to help the defense prepare its case.
Snyder is pleading not guilty to bribery charges related to city towing vendor and public works contracts, and tax evasion charges related to his private business. His trial is set for June 4.
NWI Times
March 23, 2018
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-jame-snyder-s-defense-lawyer-continues-to-hammer/article_182e98d1-e257-55c4-9ea0-0f2d0a917e75.html
HAMMOND — Federal prosecutors and Portage Mayor James Snyder's defense attorney continued to skirmish in pre-trial motions over emails the FBI seized from Portage City Hall computers.
Indianapolis attorney Jackie M. Bennett Jr. asked the court this week to make the government turn over all remaining evidence it intends to use against the mayor in a public corruption trial now scheduled to begin the week of June 4.
He said it is likely the government could be holding more private discussions of Snyder's defense strategy — in violation of the attorney-client privilege — during a bulk collection of electronic communications between Snyder and his former defense lawyer, Thomas Kirsch II.
Snyder hired Kirsch in 2014. The government last year named Kirsch as U.S. Attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. Attorney's office in Chicago.
Assistant U.S. Attorney Jill Koster replied this week that the government has turned over all emails seized by the FBI, including 300 that were truly privileged and never reviewed by the federal prosecution team.
She said last week experienced government lawyers filtered out privileged emails. Bennett argues that process failed to quarantine 23 emails the government shouldn't have seen. Koster said those 23 weren't truly privileged.
The judge said he didn't see a "smoking gun" in the emails the defense is complaining about but expects both sides to make their final arguments on the email issue by early next week.
Snyder is pleading not guilty to bribery charges related to city towing vendor and public works contracts, and tax evasion charges related to his private business.
NWI Times
March 21, 2018
http://www.nwitimes.com/news/local/porter/hearing-set-in-lawsuit-between-portage-mayor-and-city-council/article_7aaee32a-201a-5d6f-8a71-cbf7813645af.html
PORTAGE — A hearing has been set in the lawsuit filed by Mayor James Snyder against the City Council and the control of the city's Utility Services Department.
Snyder filed the lawsuit in Porter Superior Court on March 1 against the council and Clerk-Treasurer Chris Stidham.
Snyder is asking the court for both immediate and permanent action to declare the board's operations illegal and rule the recently passed stormwater fees void and unenforceable. The hearing on the request is set for 10 a.m. April 23 in Judge Mary Harper's courtroom.
The lawsuit contends that, under state law, the USB, which was created by combining separate stormwater and sanitary sewer boards in 2010, violates state code. In addition, Snyder contends the ordinance that put the City Council at the helm of the USB is also in violation of state law. Because those two ordinances are in violation of state law, the suit also contends, an ordinance that gave the council a salary for running the USB and the ordinance establishing the use of impervious surface measurements to charge stormwater fees for nonresidential customers are illegal.
Lawyers for the City Council dispute the mayor's claims.
Embattled Portage mayor takes aim at U.S. attorney's top guns
NWI Times
March 15, 2018
http://www.nwitimes.com/news/local/crime-and-courts/embattled-portage-mayor-takes-aim-at-u-s-attorney-s/article_422662f8-134a-5697-9d7b-61870fa90fe1.html
HAMMOND — Lawyers for Portage Mayor James Snyder aim to remove some of the most veteran and successful trial lawyers from the government team seeking to convict him of public corruption.
Snyder's defense attorneys are scheduled to argue Thursday before U.S. District Court Judge Joseph Van Bokkelen that the government's prosecution team is guilty of effectively infiltrating the mayor's defense camp.
They argue this occurred when federal investigators seized the mayor's email communications, including those with his former defense lawyer, Thomas Kirsch III, in violation of Snyder's attorney-client privilege, which protects the privacy of his defense strategies. The mayor hired Kirsch in 2014.
The government last year named Kirsch as U.S. Attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. Attorney's office in Chicago.
Snyder's defense lawyers suggest the disclosure of defense secrets is so severe the judge should consider barring the current team of federal prosecutors from leading the case against Snyder at trial, now scheduled to begin June 4.
If successful, the defense would be denying the government some of ifs most veteran trial attorneys: Assistant U.S. Attorneys Philip C. Benson and Jill R. Koster have appeared in hundreds of criminal cases for the government in the last two decades.
Koster won the conviction of former Hammond megachurch Pastor Jack Schaap for his sexual relationship with a 17-year-old parish girl. Schaap was sentenced in March 2013 to 12 years in prison for transporting the teen he was counseling to Illinois and Michigan for sex.
Forcing out Benson would deny the government an attorney who has won a number of public corruption cases, many of them at trial in recent years. That includes:
* Former Merrillville Town Councilman Thomas "Tommy" Goralczyk, for bribery in awarding towing for that town's police.
* Former Lake County Sheriff John Buncich for bribery in awarding towing for county police.
* Vahan Kelerchian, a Pennsylvania gun dealer, and former county police officers Edward Kabella, Ronald Slusser and Joseph Kumstar for conspiring to buy guns and laser sights, intended solely for the military or law enforcement, and selling the parts online.
* Former Lake Station Mayor Keith Soderquist and his wife for fraudulently using his campaign and the city's food pantry funds to gamble at area casinos.
* Former Lake County Surveyor George Van Til for making his public employees do his campaign work on county time.
* Former Calumet Township Trustee Mary Elgin and her son, Steven Hunter, for extorting campaign contributions and work from township employees.
* Former Lake County Clerk and Coroner Thomas Philpot for stealing thousands in federal dollars earmarked to improve the collection of court-ordered child support payments.
* Former Calumet Township Trustee Dozier T. Allen Jr. and two deputies for defrauding taxpayers by pocketing federal funds meant to provide the federal government with data on poverty.
* Former Lake County Councilman Will Smith Jr., former county government tax collector Roosevelt Powell and former attorney Willie Harris for a real estate deal that defrauded a public charity, county government and the IRS.
Federal prosecutor Koster argues in court papers that a separate team of government prosecutors has gone through the email collection and filtered out all of Snyder's privileged material, so any other material Benson and Koster have seen in their trial preparations is fair game.
Federal Bureau of Investigation and Internal Revenue Service agents began in July 2014 questioning the mayor about criminal matters. The mayor hired Kirsch in late 2014.
The government began in the fall of 2015 seizing Snyder's emails under a court-ordered warrant, and a federal grand jury Nov. 18, 2016, indicted Snyder on bribery charges related to a city towing vendor and public works contracts and tax evasion charges related to Snyder's private business.
Although Kirsch, who now is the federal government's top prosecutor in northern Indiana, has recused himself, Benson and Koster remain on the case.
Indianapolis attorney Jackie M. Bennett Jr., who represents Snyder, argues these two trial lawyers have seen "multiple privileged communications you had no right to see" and have undermined Snyder's confidence that he can confidentially communicate with his present counsel.
"The appropriate remedy may be recusal of the entire prosecutorial team and case agents or even, potentially, dismissal of the indictment," Bennett claims in federal court papers.
NWI Times
March 15, 2018
http://www.nwitimes.com/news/local/lake/lake-newsletter/lake-news/judge-isn-t-ready-to-rule-on-defense-request-to/article_23db0648-8355-50e3-88b1-a35b75eeaf96.html
HAMMOND — A federal judge said he needs more information to decide whether government investigators mishandled email evidence seized from Portage Mayor James Snyder in their public corruption probe of his administration.
U.S. District Court Judge Joseph Van Bokkelen said Thursday he hasn't seen obvious indications the government took an impermissible look into Snyder's defense strategies, but will give defense and government lawyers until April 9 to provide him additional evidence and arguments.
The judge said he wants to settle this matter quickly to ensure Snyder's bribery trial remains on track for jury selection to begin the week of June 4.
Indianapolis attorney Jackie M. Bennett Jr., who is defending the mayor, argued Thursday morning that government lawyers obtained private discussions of Snyder's strategy — in violation of the attorney-client privilege — during a bulk collection of electronic communications between Snyder and his former defense lawyer, Thomas Kirsch III.
Snyder hired Kirsch in 2014. The government last year named Kirsch as U.S. Attorney for Northern Indiana. Kirsch has recused himself from the case, which now is being managed by the U.S. Attorney's office in Chicago.
"I don't want to accuse anyone of initial misconduct. The government made a mistake ... they don't want to acknowledge. It was highly prejudicial. It is of constitutional dimension," Bennett said.
He has suggested the judge dismiss the indictment against Snyder, or bar local federal prosecutors who have seen the emails from participating any further in the case.
Assistant U.S. Attorney Jill Koster replied that the defense has failed to meet its burden. "There is no harm here of constitutional dimensions."
She argued the U.S. Justice Department filtered out any truly privileged emails through an elaborate three-stage process involving experienced government lawyers familiar with attorney-client privilege, and determined that no privilege protects about 23 emails the defense claims never should have been seen by the government. He previously said 35 emails were at issue.
Bennett said one of the emails now in dispute involves Portage's procedures to purchase automated garbage trucks from Great Lakes Peterbilt, also located in Portage. The FBI subpoenaed all bid packages received by the city for garbage trucks purchased from 2012 to the present.
Bennett said the government is alleging Snyder was steering business to Great Lakes before he was aware of federal interest in the contracts, and then steered business away from Great Lakes afterward to put investigators off his trail.
"The truth was (Great Lakes) was not the low bidder," Bennett said.
Bennett said Snyder is a victim of the government's latest ability to collect a target's electronic communications in bulk, without safeguards that prevent the government from trampling on a person's right to speak privately to his or her defense lawyer.
In the past, when evidence was on printed paper that took more time for investigators to find and collect, a defense lawyer had time to quarantine privileged documents away from the prying eyes of government prosecutors.
"Under the new process the government goes to Google or Yahoo and scoops up everything," Bennett said.
The judge said he didn't see a "smoking gun" in the emails the defense is complaining about, but he is too unfamiliar with the 4-year-old investigation to determine what information is and isn't important. He said he may submit the disputed evidence to a federal magistrate to perform an independent review.
Snyder is pleading not guilty to bribery charges related to city towing vendor and public works contracts, and tax evasion charges related to his private business.
Chicago Tribune
March 15, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-hearing-prosecutors-emails-st-0316-20180315-story.html
A federal judge wants more context before he decides if potentially privileged emails between indicted Portage Mayor James Snyder and his defense attorneys viewed by prosecutors would warrant them being disqualified from the case.
Judge Joseph Van Bokkelen is seeking more information from Snyder's defense team and federal prosecutors before deciding if emails containing privileged communication, saying he lacked enough context to determine if the messages should have been shielded.
The emails looked routine, Van Bokkelen said, and none of the documents that went through the screening appeared privileged.
"There's no smoking guns," Van Bokkelen said.
Jackie Bennett Jr., Synder's defense attorney, appealed to the judge saying the prosecutors handling the mayor's corruption trial were able to view privileged communications. Prosecutors have said the emails in question did not contain any privileged information.
Van Bokkelen said the more information he was able to view would give context to what the emails mean to the defense and if they contain any privileged material. The judge said it's possible that emails that appear innocuous could have significant meaning in the context of the defense strategy.
"It could be a big deal," Van Bokkelen said.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
The trial for Snyder and Cortina is tentatively set to start in June, according to court documents.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Thomas Kirsch II, who was then the mayor's defense attorney before being appointed as U.S. attorney, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder's case, according to court documents, and U.S. attorney for the Northern District of Illinois would oversee and manage local prosecutors handling the case.
During the discovery process for Snyder's trial, Bennett said it was found that documents reviewed by the prosecutors contained confidential attorney-client material, according to court documents. Bennett said federal investigators used a "taint team" to review the email communication seized, according to court documents, but that review failed to shield all privileged communications from the trial team.
"We think they made a mistake and they don't want to acknowledge they made a mistake," Bennett said.
Assistant U.S. Attorney Jill Koster said, in court filings, investigators screened the emails using a three-stage process, which first started by flagging emails using a system at FBI headquarters in Washington, D.C.; then another team of FBI employees filtered any emails flagged by the system; and finally an assistant U.S. attorney not involved in the case reviewed to ensure no privileged communication survived the quarantine process.
In February 2018, an attorney from the Northern District of Illinois reviewed the contested emails and concluded they did not meet the legal standard for attorney-client privilege, according to Koster.
Bennett said federal investigators did not inquire if there was a coordinated defense or any other common interest between parties in the emails.
"In none of those stages did they ask that question broadly enough," Bennett said.
Koster said investigators took a lot of steps to make sure privileged material was screened out.
"There is no harm here of constitutional dimension to the defendant," Koster said.
Just because the emails contain Snyder's defense attorney's name, it does not mean they are privileged communications, Koster said.
"It is the defense's burden to prove these emails are privileged," Koster said.
The judge asked the prosecutors and defense attorneys to submit additional material that would help him determine if privileged communication between Synder and his attorneys were exposed.
Absent more information, Van Bokkelen said he can't connect the dots to see if the emails are what the defense claims.
"That's all I'm looking for is the dots," Van Bokkelen said.
NWI Times
March 11, 2018
http://www.nwitimes.com/news/local/porter/three-businesses-file-formal-appeals-over-excessive-increases-in-portage/article_2aa42199-a4bc-5156-8b25-4e8575f27993.html
PORTAGE — Three businesses have filed appeals claiming the city's new stormwater fees charged to businesses are excessive.
Allen Bridges, vice president and manager of Doyne's Marina, said the marina's fees increased 9,400 percent with the new system.
Bridges told the Utility Services Board during an appeal hearing that prior to October 2017, the 8-acre marina did not pay any stormwater fees at all. In October, they were charged $11.75 a month. Bridges said they didn't appeal the fee then because marina ownership didn't feel it was worth the time.
In January, he said, the bill went to $12 per month. In February, it climbed to $1,140 per month.
"Imagine our surprise to be billed $1,140, a 9,400 percent increase, with no notice. Upon inquiring as to the drastic increase in fees, I was told that the city had changed the formula as to how businesses are charged. One would think that a cost increase of this magnitude would come with a more detailed explanation than just the city changed its method of calculation," Bridges said.
The Utility Services Board adopted the new fee schedule in November. Previously, businesses had been charged stormwater fees based on the size of their water meters. The new system charges fees based on the amount of impervious surface on their property. Residential fees were unchanged.
The fees initially were to be charged beginning in January, but were delayed because of concerns of a potential lawsuit against the board. At its February meeting, the board directed the fees to be charged effective with the February billing. A lawsuit was filed March 1 by Mayor James Snyder against the City Council, which also serves as the USB, challenging the legality of the board and the validity of the ordinance creating the new fee structure. At its March 6 meeting, the USB approved holding all incoming fees based on the new system in an escrow account pending the outcome of the lawsuit.
Brian Gurgeon, who owns property at 5440 E. Melton Road, said his bill increased from $25 per month to $240 per month.
"Why so much, why such a dramatic increase? I'm trying to sell the property, and this is going to make it more difficult," Gurgeon said.
A third appeal was filed by James Pawlicki, owner of A1-U-Stor-It, 6094 Melton Road. Pawlicki told the board that his bill went from nothing to $1,140 per month.
Pawlicki asked the board to reconsider including his stone driveways in the impervious surface measurements. His business is located on sand, he said, which still allows drainage.
"I propose that not all rock surfaces are alike. Rock laid on a sand base could be considered to be pervious, which allows the water to percolate through the said," Pawlicki said.
Chris Scott, owner of commercial property on Douglas Drive, also questioned the new fee structure, but has not filed a formal appeal as outlined in the ordinance. Scott said his company's fees went from $24 per month to $240 per month for "absolutely no reason."
"For whatever reason, if the building didn’t have city sewer service or Indiana-American Water service, we didn’t bill them for stormwater. This dates back to the initial fee in 2010," Clerk-Treasurer Chris Stidham said as to why some businesses weren't being charged stormwater fees, even at the old rate, prior to the new system.
"As part of the impervious surface study work from Wessler Engineering, they identified those properties that should be assessed a stormwater fee, but weren’t being billed. There’s about 120 or so of them," Stidham said.
In addition, Stidham said, a flyer was sent to everyone about the new impervious system in October, which provided some information, but did not provide the rates that were finalized in November.
While the board discussed sending notifications to businesses that would see large increases, Stidham said the notices were never sent because of the potential of a lawsuit and the delay in sending out the new billings. Once it was decided at a Feb. 6 USB meeting to begin charging the fees that month, it gave his office little time to prepare the bills, so no advanced notification was sent.
"It certainly would have been our preference to send out such a notice if we could have," Stidham said.
The appeals were taken under advisement by the board. Chairman Scott Williams said the appeals will be reviewed by the city and will be considered only on the calculations of square footage used to determine the fees for each company.
Old and new issues crop up at Portage council
Chicago Tribune
March 09, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-council-meet-st-0311-20180310-story.html
Portage City Council members welcomed a new, job-creating business and tackled tax abatement requests before debating the takeover of the Utility Service Board and the need for a police officer outside the clerk-treasurer's office.
The council approved a five-year tax abatement on $12.85 million in property for Voestalpine, an Austrian company that produces rods, wires and other equipment for welding, at 6797 Fronius Drive, in the AmeriPlex complex. The company will hire 25 workers in the first year, adding 25 more over the next three years, said Eddie Peinhopf, a managing director with Voestalpine.
"We want to come here," Peinhopf said. "We want to be part of the community here."
Portage Economic Development Director Andy Maletta said Voestalpine is "another international company that's looked at Portage and decided to call it home."
The council rejected two tax abatement requests from Marina Shores at Dunes Harbor, an upscale housing community on the city's north side. Marina Director David Bresnahan wants to build two model homes to "help prime the pump to get more construction going. It's easier to sell rooftops than to sell dirt."
While the council in November 2016 approved tax abatements for an 18-month period, which expires next month, Bresnahan's request was denied. Council members said the abatements were meant for homeowners, not the developer.
Following a moment of silence for Portage Police Det. Jeff Podgorski, who died of complications related to cancer March 5, council members, primarily Council President Mark Oprisko (D-At Large), and Mayor James Snyder spent the remainder of the meeting debating a number of issues.
The council's takeover of the Utility Service Board, or USB, last March remains a sticking point, though Snyder signed the ordinance approving the move. Since, though, Snyder hired Indianapolis-based law firm Bingham Greene and Doll, which found in December the council takeover of the USB was not legal.
The council responded with hiring another law firm to defend its move. The actions already have cost tax payers at least $50,000.
Councilman John Cannon, R-4th, moved to order the law firms to meet and discuss a resolution, but, following council attorney Ken Elwood's advice, the motion died for lack of a second.
There were other testy moments, including exchanges between Elwood and Cannon, and, later Oprisko and Police Chief Troy Williams regarding an officer stationed outside of the clerk-treasurer's office since late February.
Williams said the action was taken following a security assessment of city hall, which he shared with the council.
Williams also listed the extensive credentials of police officers who are working on an active shooter training seminar. Williams' comments came after he was called out in an e-mail blitz from council members on several issues.
Prosecutors challenge alleged email violations in Portage Mayor James Snyder's federal criminal case
NWI Times
Mar 7, 2018
http://www.nwitimes.com/news/local/porter/prosecutors-challenge-alleged-email-violations-in-portage-mayor-james-snyder/article_b62db74f-9cf1-5668-a1ad-1b0e071938e0.html
HAMMOND — Federal prosecutors in Portage Mayor James Snyder's public corruption case say his claims of constitutional rights violations are unfounded.
Snyder's defense team filed a motion in U.S. District Court last week claiming a "taint test" to review emails for potential attorney-client privilege had failed, allowing prosecutors to read certain privileged emails. The failure, the motion claimed, had violated Snyder's Sixth Amendment rights to a fair trial. The motion asked for the government's trial team to be dismissed and/or that the federal case against him be dropped.
Snyder was indicted Nov. 18, 2016, on two counts of bribery and one count of tax evasion.
A hearing on the matter has been set for 10:30 a.m. March 15 in Hammond federal court. His trial is scheduled for June 4.
Federal prosecutors Wednesday filed a response asking for the court to rule against Snyder's motion without a hearing. A spokesman for the U.S. Attorney's Office declined further comment on the filing.
Snyder's defense attorney, Jackie M. Bennett of Indianapolis, did not immediately return a request for comment.
According to the court documents, the FBI began investigating Snyder in 2013. Snyder was questioned by FBI and IRS agents in July 2014. He soon hired Thomas L. Kirsch II as his defense attorney. The emails seized by a warrant in September 2015 went through a "three-stage filter" process by the FBI and U.S. Attorney's Office to determine whether the content would be considered for attorney-client privilege.
Kirsch, who was appointed U.S. attorney for the Northern District in November 2017, recused himself from Snyder's case.
The review was "to be conducted by individuals with no prior (or subsequent) involvement in the investigation to ensure the prosecution team was not exposed to privileged attorney-client communications," according to the filing, which detailed the filter process. Of the about 900 emails and attachments examined, 573 were designated "not privileged." Those included the 35 emails under dispute.
An FBI special field agent, who was a member of the prosecution team at the time, reviewed some of the emails in question in spring 2016, but was transferred to Washington, D.C., in May 2016, months prior to the November 2016 indictment against Snyder. Acting U.S. Attorney John R. Lausch Jr. also reviewed all of the emails in late 2017 and early 2018.
After the prosecution team was informed of Snyder's concerns that the 35 emails had been inappropriately viewed, the emails went through another review that concluded "the 35 disputed emails did not constitute privileged attorney-client communications."
Prosecutors outlined eight specific reasons why the 35 emails were not considered attorney-client privilege. Reasons included some were forwarded to third parties or copied to third parties; some were inquiries from the media that did not include any comments seeking legal advice; some included information or attachments from third parties; did not include comments seeking or giving legal advice; were answered with information available publicly or dealt with administrative tasks.
The emails, according to the filing, were taken before Snyder was indicted and "lack any discussion between lawyer and client that can be reasonably be described as 'trial strategy.' The timing of the messages underscores this point. The emails were all sent or received by Defendant prior to September 2015 — over a year before he was charged."
NWI Times
March 03, 2018
http://www.nwitimes.com/news/local/porter/portage-mayor-council-butting-heads-over-need-for-security-at/article_e505fe72-d4aa-51f0-affa-c5105108ffd8.html
PORTAGE — Stationing a police officer at City Hall last week was another volley in the battle between Mayor James Snyder and some City Council members.
City Council President Mark Oprisko, D-at large, said Snyder authorized posting an officer, who is getting paid overtime, in the lobby because of concerns over utility department bills being paid at the clerk-treasurer's office.
"The reason for the officer, according to the mayor, is due to the utility department receiving money, and possible irate customers. There is no difference from the old utility building across the street and the clerk-treasurer’s office," said Oprisko, who called on Snyder to put the officer back on the street.
Snyder did not return requests for comment.
"The logic used by the administration is that businesses pay with cash and large amounts of money is being taken to City Hall for utility payments. This is nothing but a joke. I would venture to say that 100 percent of businesses in Portage pay by check or online," Oprisko said, adding he believes the mayor is "out of control with what he is doing with taxpayer dollars."
Council member John Cannon, R-4th, disagrees and said he supports Snyder's decision.
"Until our clerk-treasurer can get his office redesigned, handling the increased traffic of residents and the amount of money that is now being handled in that office is very unsafe for our city's employees," Cannon said.
Clerk-Treasurer Chris Stidham said his office is safe. He said he has $30,000 to redesign his office for utility personnel to move in, but was delayed because State Board of Accounts auditors have been in his office for multiple weeks conducting an audit. They just recently completed their work, he said.
"This was just as much of a surprise to me as it was to the council. My office wasn’t consulted before the officer was posted. We started receiving utility payments at our office in November and haven’t had any issues since that time. To my knowledge, an officer was never posted across the street when they received payments there," Stidham said.
"Forever and ever this office has collected money, including the six years when he's (Snyder) been upstairs," Stidham said, adding the majority of people are paying with a check or online. He said it is no different from funds being taken in at the parks department or marina, neither of which have security.
Police Chief Troy Williams said he has some concerns about security at the building and has conducted a safety review.
"There are some very public facts that anyone who used to go to the old utilities office and now comes to City Hall can plainly see. The former utility service building, where payments had been made, contained a bulletproof drive-thru window to make it easier for residents and safer for employees. Inside the building, the employees were also behind locked doors and bulletproof glass," Williams said. "This proves that at some time in the past, there was an urgent sense of a need for security where the utilities payments were being made."
Stidham said he's not in favor of adding bulletproof glass to his office.
That, along with the stationing of an officer at City Hall, "sends a terrible message to the public," Stidham said.
"The front entrance to City Hall is freely accessible, and the clerk-treasurer’s office layout with regards to security is currently limited due to its antiquated design," Williams said, adding they will provide suggestions on security and will maintain the officer until they feel the building is safe.
NWI Times
Mar 2, 2018
http://www.nwitimes.com/news/local/porter/portage-mayor-files-lawsuit-against-city-council-clerk-treasurer-over/article_1cc14d69-6d63-584a-9e21-46cbea56a26b.html
PORTAGE — Mayor James Snyder has filed a lawsuit against the City Council and clerk-treasurer over the council's operation of the Utility Service Board.
Snyder, represented by Indianapolis law firm Bingham Greenbaum Doll, is asking the court for both immediate and permanent action to declare the board's operations illegal and rule the recently passed stormwater fees void and unenforceable.
The lawsuit was filed Thursday in Porter Superior Court. The suit specifically names council members Elizabeth Modesto, D-1st; Pat Clem, D-2nd; Scott Williams, D-3rd; John Cannon, R-4th; Collin Czilli, D-5th; Sue Lynch, D-at-large; Mark Oprisko, D-at-large, and clerk-treasurer Chris Stidham.
The lawsuit is the latest volley in a battle between Snyder and the City Council since the council took over operations of the Utility Service Board just over a year ago.
"After nearly 90 days of no written response from the City Council attorneys, my staff and the city Board of Works felt this was the best, most efficient and most cost-effective way to remedy the potential legal and financial risk the city has been put in by two ordinances that I signed that we have been informed by other mayors and legal experts are not legally valid," Snyder stated Friday in a written statement.
"We look forward to a speedy declaratory judgment and final resolution to the matter so residents know who to call when an issue arises. It is my job to enforce all city ordinances, and when being informed one is not valid or is potentially illegal, it is my duty to seek speedy remedy," Snyder said. "It is not a matter of the council’s convenience, it is a matter of doing what is right. We have had enough meetings; the residents deserve corrections and collaboration, and I truly believe a majority of the council wants this as well."
The council adopted an ordinance in February 2017 to take control of the Utility Service Board after wrangling with Snyder over his spending of USB funds.
City Council Attorney Ken Elwood said Snyder forced the council to take that action because of "spending money for his own benefit," including attempting to pay $93,000 for attorney fees to defend his federal corruption indictment and spending utility funds to lease "$60,000 to $70,000" vehicles for his own use.
The lawsuit contends that, under state law, the USB, which was created by combining separate stormwater and sanitary sewer boards in 2010, violates state code. In addition, he contends the ordinance that put the City Council at the helm of the USB is also in violation of state law. Because those two ordinances are in violation of state law, the suit also contends, an ordinance that gave the council a salary for running the USB and the ordinance establishing the use of impervious surface measurements to charge stormwater fees for nonresidential customers are illegal.
Snyder sought advice from Bingham Greenbaum Doll last year on the issue. The law firm produced a memo stating the USB was illegally created.
Elwood said the lawsuit came as a surprise to the council, which has hired its own Indianapolis-based law firm, Clark Quinn, for advice and representation. Clark Quinn issued an advocacy memo, Elwood said, which stated the laws are vague and there are "many arguments" on both sides.
Elwood said he has been working with City Attorney Gregg Sobkowski in attempts to work out the differences and had hoped the two Indianapolis-based firms could meet to negotiate an agreement.
"Instead, he's wanting to spend thousands of dollars to settle this. This will stop projects because we don't know how much money we will be spending on legal fees," Elwood said.
Michael Griffiths, an attorney with Bingham Greenbaum Doll, disputed Elwood, saying his firm has reached out to the council's firm to seek a resolution prior to going to court.
"We did reach out to them a few times and tried to resolve this. Our goal was to try and stop this before it went to this action," Griffiths said.
Elwood said he also questions Snyder's standing in filing the lawsuit and finds the action illogical.
"He was chairman of the Utility Service Board for six years and has taken all kinds of action," Elwood said, adding those actions could now come into question. "Where's the logic in that?"
"When the mayor took office, that structure was in place, and he had no reason to question it," Griffiths said.
While named as a defendant in the lawsuit, council member Cannon is defending the lawsuit and believes Elwood should be replaced as the council and USB attorney.
"For months now, Mayor Snyder has been transparent and open with the City Council about his concerns with the USB and fees. If this fee is not legal, it will cost us hundreds of thousands of dollars to litigate. If we are entering into contracts unlawfully all of us should pause and seek correction," Cannon said in a written statement.
"My request to Council President Oprisko is to get us new legal counsel that is not financially or ethically conflicted in this matter. The entire council is confused when Clerk-Treasurer Stidham, who is also an attorney at Rhame and Elwood, speaks on the matter. Neither Stidham nor Ken Elwood have written us an opinion for review despite repeated requests. It has been 90 days since the mayor informed us of this problem," Cannon said, adding he hopes this can be resolved outside of the courtroom.
"It is a sad day for Portage when one branch of government is suing the other two. This is a loss to the city of Portage, which will be paying for the legal fees," said Stidham, adding he could not comment on the specifics of the lawsuit, but called the action "bizarre" in that Snyder had signed both the ordinances to change the composition of the USB and for the use of the impervious surface fee system.
Oprisko, the council's president, declined comment.
Take a look back at corruption in the Region:
Corruption in the Region: Former Lake County Commissioner Steve C. Corey pleads guilty to lying and obstructing a federal investigation
Name: Steve C. Corey
Office held: Lake County Commissioner
Dates in office: 1983 to 1992
The crime: He lied to a U.S. District Court grand jury investigating bribery in Lake County Government.
Corey was a successful businessman who built a thriving Hobart bakery, once from the ground up in 1954 and again from the ashes of a fire that gutted the business in 1974.
He found time after making the doughnuts to become politically active. He served on the Hobart City Council in the 1960s and was elected to the Lake County Council in 1978 and 1982.
Corey became a county commissioner in December 1983, when Democratic precinct committeemen named him to replace Rudy Bartolomei, better known as Rudy Bart, who took over that year as sheriff.
Federal authorities soon charged Bartolomei with misconduct ranging from making county employees work on his political campaigns and work on a summer cottage on Lake Michigan as well as paying his housemaid with public money and extorting political contributions from county employees.
Bartolomei pleaded guilty to two felony counts and within weeks began cooperating with federal investigators and a grand jury on the web of public corruption over which he and his fellow county officials had presided.
Bartolomei had spent his time on the county board of commissioners cleaning up — so to speak — by awarding inflated janitorial contracts to vendors who paid kickbacks to him and other commissioners.
Authorities subpoenaed thousands of pages of documents, including minutes of commissioners meetings, payment vouchers in a probe called "Operation Lights Out," that resulted in a number of indictments, including that of Corey in 1993 on perjury and obstruction charges charges.
The government alleged Corey lied in July 1989 to a federal grand jury investigating whether Corey had accepted $30,000 from his long-time friend, East Chicago power broker Vincent Kirrin, to steer a lucrative government cleaning contract to a company Kirrin secretly owned and operated.
Corey denied wrongdoing and insisted the money was a business loan to his struggling bakery. But Corey pleaded guilty in February 1994 to lying and obstructing the federal investigation.
Former U.S. Attorney David Capp, who coordinated the federal investigation, said at the time the perjury conviction was "particularly important" because it revealed how contracts were awarded, not through independent assessment of their merits, but on cronyism.
A federal judge sentenced Corey to probation. Corey, who was suffering from a heart condition, died less than a year later.
Corruption in the Region: Corruption was spelled GUEA a decade ago
Name: Gary Urban Enterprise Association
Those involved: Jojuana Meeks, former Lake County Councilman Will Smith, former Gary attorney Willie Harris, former county tax collector Roosevelt Powell
The crime: Gary Urban Enterprise Association or GUEA came into existence in 1985 under a state law permitting U.S. Steel and other Gary businesses to reduce their property taxes by making charitable donations of more than $15 million to the association between 2000 and 2003.
The donations were supposed to improve the quality of life of the poor by redeveloping the nearly 3-square-mile area of Gary's Emerson neighborhood.
However, a Times investigation in 2004 found that former GUEA Director Jojuana L. Meeks and other in GUEA embezzling about $1 million through perks like her Jaguar sports car, a new, rehabilitated home and overpayments to herself and other GUEA officials.
The nonprofit collapsed in 2007 after being declared a corrupt business venture. Meeks pleaded guilty to conspiracy, mail fraud and tax evasion. She and other GUEA officials were convicted in U.S. District Court in Hammond.
Federal prosecutors also charged political insiders Roosevelt Powell, Willie Harris and Will Smith with conspiring with GUEA to further bleed it, the Gary Historical Society and Lake County government through an elaborate real estate scheme involving the abandoned Ralph's Grocery store in Gary's Miller section.
Smith learned of that through his political connections that its owners wanted to donate it as a tax write off. Smith conspired with Harris, an attorney for the Historical Society, take over the property.
They had Powell, a county tax collector, to use his influence to induce Meeks, to buy the store for $200,000 on the same day that Powell told a Lake County judge to wipe out $58,000 in back taxes on the building because it couldn't be sold.
The men pocketed significant profits without ever legally owning the building. Their defense lawyers argued the deal was legitimate, but a federal jury convicted them in September 2007.
Corruption in the Region: Former East Chicago city councilman Frank Kollintzas, infamous for sidewalks-for-votes scandal, remains at large after fleeing to Greece in 2005
Name: Frank Kollintzas
Office held: East Chicago city councilman
Dates in office: 1979 to 2005
The crime: A U.S. District Court jury in South Bend in November 2004 convicted then city councilman Frank Kollintzas as well as East Chicago Councilman Je De LaCruz and City Controller Edwardo Maldonado of misappropriating millions of dollars in concrete they gave to residents in the form of free driveways, sidewalks and patios to ensure the city administration's 1999 re-election.
Jurors also convicted Kollintzas of lying to the FBI, which investigated the so-called sidewalks scandal.
Kollintzas would have been forced to serve a prison term of 11 years and four months if he hadn't fled the county days before his sentencing in February 2005.
U.S. Customs and Border Protection reported Swissair sold a ticket from Chicago's O'Hare International Airport to Zurich, Switzerland, to a man who presented a non-American, possibly Greek, passport to the airline in the name of Fotios Kollintzas.
Authorities believe Kollintzas, who was 62 when he bolted, fled to Greece, a nation that doesn't return American fugitives who receive Greek citizenship.
Kollintzas is a native-born American, but his parents emigrated from Greece and settled in East Chicago where they operated a family diner.
Just before his flight, he sent a letter to a federal court judge saying he couldn't face growing old or dying in prison. He conceded in the letter. "I know what I did. The concrete was poured, and I tried to make sure the people in my district got the work done at their property."
The man who fell from grace had a bachelor's degree from Indiana State University, a master's degrees in elementary education and in physical education from Indiana University and an advanced degree in administration and supervision from Indiana State University.
Kollintzas taught and also was director of athletics at East Chicago Central High School. Kollintzas also had a political career tied to Mayor Robert Pastrick, who was facing a troubling challenge in the 1999 municipal elections from Stephen R. "Bob" Stiglich.
Pastrick, Kollintzas and others in the city administration were worried enough about Stiglich to launch a giveaway of acres of free concrete to entice voters into supporting their re-election in the week leading up to that year's election.
Kollintzas, among others directed and paid contractors to pour concrete, initially just for public sidewalks and curbs, but eventually residents' private driveways, patios and walkways as well as free tree trimming on private property.
Pastrick won the spring primary that year and the concrete paving ended abruptly, sometime before individual jobs were competed, because the city had run out of cash.
Public complaints about shoddy concrete work prompted a Times investigation as well as the attention of then U.S. Attorney Joseph Van Bokkelen and his assistant David Capp. They directed a federal investigation that resulted in 2003 indictments that eventually led to the convictions of seven elected officials, a number of private contractors.
Pastrick never faced criminal charges, but a federal judge did brand Pastrick’s administration as corrupt and ordered Pastrick and former political allies to pay $108 million in damages in 2011, forcing Pastrick into bankruptcy.
The courts issued a warrant for Kollintzas' arrest 13 years ago. He remains at large.
Corruption in the Region: Peter Benjamin
Name: Peter Benjamin, formerly of Hobart
Offices held and dates: He served as Lake County assessor from 1987-94, as Lake County auditor from 1999-02 and operated a lucrative law practice on the side.
The crime: A federal grand jury indicted him in 2002 on racketeering and money laundering allegations that included: defrauding clients, lying on tax returns to cover thousands of dollars he spent on prostitutes and police officers who supplied him with drugs and bribing former Lake County Council member Troy Montgomery, of Gary.
He also lied about attending continuing education courses the state requires for lawyers, instructed a prostitute to lie to a federal grand jury about Benjamin's wrongdoing and embezzled real estate from his ex-wife's family and dissipated a small fortune, $1.2 million and a promising political and law career during his crime spree.
Benjamin pleaded guilty in 2003 to providing Montgomery with cash and dining room furniture in exchange for Montgomery using his county government connections to steer lucrative business to Benjamin's law firm. Montgomery served a one-year federal prison term for accepting the bribe.
Benjamin agreed to cooperate with federal investigators and publicly promised to bring down as many people in local government as possible, but the quality of Benjamin's cooperation and the evidence he provided the government never appeared to have much impact on future federal prosecutions.
He later told the court he met about 20 times with FBI, IRS and other law enforcement agents in his eagerness to cooperate with their investigations, but he also was suicidal, heavily medicated, "physically, emotionally and psychologically exhausted."
Benjamin publicly laid out his faults in a 2005 letter to the court.
"I clearly bribed an elected official with expectation that I would be awarded a contract and committed other unlawful acts....I broke the law and have dishonored my family, the legal profession my community and myself. As a result, I have lost everything, my former wife, my law license, my career, assets, pension and self respect. I am only a shell of the person that I once was."
He served a 27-month prison term. Court documents indicate he was working a consultant in New York in 2010. He was still paying restitution the court ordered he must to Lake County, the Internal Revenue Service and his former wife's family.
Corruption in the Region: John Buncich
Name: John Buncich
Office held: Lake County sheriff
Dates in office: 1995 to 2002 and again 2011 to Aug. 24 of this year.
The crime: Bribery, wire fraud and honest service wire fraud.
A U.S. District Court jury convicted the former sheriff Aug. 25, following a 14 day trial, of accepting tens of thousands of dollars in cash from two towing firm owners in return for giving them more lucrative town work from the sheriff's department.
Buncich said it costs about $200,000 to run for sheriff. He showered political fund-raising tickets on towing firm owners, including Scott Jurgensen, a former Merrillville Police Department officer and confidential FBI informant, and William "Willie" Szarmach, who became cooperating government witness.
They in turn plied him with cash and requests for lucrative towing assignments and they said he delivered.
Buncich denied all wrongdoing during three days of testimony, saying his conduct was unchallenged and "All candidates do this."
Assistant U.S. Attorney Philip Benson, who presented evidence against Buncich replied, "It's being challenged now isn't it?"
Benson provided jurors with video and photographic evidence that Buncich used his campaign fundraising as cover for a scheme to solicit kickbacks.
Defense lawyers argued, to no avail, that Buncich has had a spotless reputation for honesty during his more than four decades as a county police officer and the government was staging bribery scenes for their undercover cameras, including one involving Buncich's former second in command, Timothy Downs delivering $7,500 to Buncich inside the sheriff's office in 2015 after Downs began cooperating with the FBI.
An FBI video surveillance recording of Buncich leaning into Szarmach's tow truck and Jurgensen giving Buncich $2,500 April 22, 2016, in the parking lot outside of Delta Restaurant in Merrillville.
An FBI video surveillance recording of Jurgensen giving Buncich $2,500 on July 21, 2016, in the parking lot outside of Delta Restaurant in Merrillville.
He awaits sentence now scheduled to take place Dec. 6.
Take a look at this gallery featuring corrupt politicians caught by former U.S. Attorney David Capp:
Gallery: Corrupt politicians caught by former U.S. Attorney David Capp reminisces
NWI Times
Mar 1, 2018
http://www.nwitimes.com/news/local/porter/indicted-portage-mayor-james-snyder-claims-constitutional-rights-violated-in/article_8087d7d7-a47b-530e-a3b9-158804abe7c0.html
HAMMOND — Portage Mayor James Snyder is claiming his Sixth Amendment rights have been violated in his federal corruption case.
The remedy, according to a motion filed Wednesday, would be to either disqualify the entire federal prosecution team or dismiss the indictment entirely. He is asking for an emergency status conference to determine the validity of the alleged improprieties and for the court to consider a remedy.
Department of Justice spokesman Ryan Holmes said department policy would not allow him to comment on pending litigation. Attorneys for Snyder did not immediately return requests for comment.
Snyder's defense team, headed up by Indianapolis-based Jackie M. Bennett Jr., is claiming federal prosecutors have unfairly gained access to a number of "privileged and confidential attorney-client communications" in the form of email accounts seized prior to his indictment.
The 9-page motion claims that when Snyder was represented by Thomas Kirsch II, now U.S. attorney for the Northern District of Indiana, a number of emails were seized from Snyder's city and private email accounts. Kirsch resigned as Snyder's attorney last fall when he was tapped as the new district attorney.
The motion claims those emails contained several confidential communications between Snyder and Kirsch. A practice known as a "taint team," made up of prosecutors and law enforcement agents, was put in place to screen the communications to protect Snyder's rights and determine which of the documents should not be viewed by the prosecution.
However, according to the motion, the taint review process failed and allowed the trial team, including federal investigative agents, to have free access to the communications regarding trial strategy between Snyder and his former attorney.
"This amounts to an 'intrusion into the defense camp' and a violation of Snyder's sixth amendment rights," according to the motion.
In addition, according to the motion, Assistant U.S. Attorney Jill Koster, who is listed as a lead prosecuting attorney on the case, allegedly acknowledged she and others had reviewed the documents and had taken a "narrow view" of what would be considered privileged.
This, according to the motion, allowed the government to "infiltrate the defense camp."
The defense raised the issue on Feb. 1 with the assistant U.S. attorneys, but no action has yet been determined, according to the filing, causing Snyder to seek the court's intervention. The motion also contends that with a final pretrial conference set for May 18 and trial on June 4, Snyder has not received all discovery previously promised by the federal prosecutors.
Indicted Portage mayor wants to remove federal prosecutors handling his corruption case
Chicago Tribune
March 01, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-motion-prosecutors-emails-st-0302-20180301-story.html
Indicted Portage Mayor James Snyder is asking a federal judge to remove the prosecutors handling his corruption case.
Snyder, through his attorney Jackie Bennett, filed a motion asking a judge to disqualify two federal prosecutors from handling his case saying the two reviewed privileged attorney-client material seized from an email account, an alleged infringement on the mayor's Sixth Amendment rights. Bennett has asked a judge to set an emergency hearing on the matter.
"… For more than two years its entire trial team has had access to and made impermissible use of a number of privileged and confidential attorney-client communications that were seized from Snyder's email accounts before the indictment of this case," Bennett wrote in the motion.
Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
The trial for Snyder and Cortina is tentatively set to start in June, according to court documents.
The allegations against the prosecutors say email communications between Snyder, defense attorney Thomas Dogan, and Thomas Kirsch II, who was then the mayor's defense attorney before being appointed as U.S. attorney, were seized in 2015, according to court documents.
Kirsch has recused himself from Snyder's case, according to court documents, and U.S. attorney for the Northern District of Indiana would oversee and manage local prosecutors handling the case.
During the discovery process for Snyder's trial, Bennett said it was found that documents reviewed by the prosecutors contained confidential attorney-client material, according to court documents. Bennett said federal investigators used a "taint team" to review the email communication seized, according to court documents, but that review failed to shield all privileged communications from the trial team.
"Quite clearly, the taint review process employed by the government in this case failed," Bennett wrote. "Any competent review of the documents seized pursuant to the September 2015 search warrants would have identified and embargoed from the trial team all communications between Snyder and his lawyers."
Bennett said in conversations with the prosecutors, no remedy to the review of the privileged material has been proposed.
"Where the taint team procedures fail, and therefore the prosecution grants itself access to attorney-client privileged communications, the prejudice experienced by the defendant is extreme," Bennett wrote.
Bennett said Snyder and his attorneys had cooperated with government investigators, according to court documents, and other methods to obtain the communications could have been used besides the 2015 search warrant.
"If the government had requested Snyder's emails through less intrusive investigative methods rather than via a search warrant, he and his lawyers still would have produced such documents – but only after first conducting a privilege review," Bennett wrote.
02152018 - Portage Mayor James Snyder's 2018 State of the City Address
Portage mayor touts staff, accomplishments
NWI Times
Feb 15, 2018
http://www.nwitimes.com/portage-mayor-touts-staff-accomplishments/pdf_a1d5022c-0d3a-5b9b-9d4b-e64c6e4f7250.html
NWI Times
Feb 15, 2018
http://www.nwitimes.com/news/local/porter/portage-mayor-touts-staff-accomplishments-says-moving-into-year-of/article_3536d0cf-8759-5612-9eff-fe77fd6bdc56.html
PORTAGE — Mayor James Snyder touted the accomplishments of his administration, praised his staff for their work and took subtle digs at other elected city officials during his State of the City address Thursday.
Snyder also told the crowd at Woodland Park that 2018 would be the "year of courage." The luncheon was sponsored by the Greater Portage Chamber of Commerce.
"Portage and its people have a way of working through struggles, seeing the very best in people and always coming out on top. 2018, the year of courage, will be another year that these successes take place," he said.
Snyder said the past year saw private business projects, such as the Holiday Inn Express, Hooters and Promenade at Founders Square, getting "sticks in the ground."
He praised state Sen. Karen Tallian, D-Ogden Dunes, for her "ingenious" sand replenishment legislation aimed at helping battling erosion at the Portage Lakefront and Riverwalk and announced the upcoming addition of Dombey Lake into the city's park system to provide critical infrastructure to attract "new, good, young families" to the city.
Snyder said the project he's most excited about is the Central Avenue West Project to be kicked off this year, which will be "a mini caricature of Meridian Road north of Indianapolis" with a lighted trail.
He also praised Mike and Mary Martinez for their efforts in raising money for the construction of Hannah's Hope Playground at Founders Square Park, named after their daughter.
"Because of your tragedy, because of your commitment, because of your courage and because of your Hannah, you have made Portage a better place," he said.
He also recognized mother/daughter duo Rosemary and Jessica Garneski who, last month, tackled a suspect in the theft of Jessica Garneski's car earlier in the day.
"There are just some cases we couldn't solve without the courage and tenacity of the Portage people," he said.
He called Portage High School student Kaylee Adams a "Portage star and pioneer," introducing her to the group. Adams won the first women's state wrestling championship.
"Kaylee, Portage is proud of you, your courage and your pioneer spirit," he said.
Snyder's speech was also peppered with subtle remarks about his continuing battle with the Democrat-dominant City Council/Utility Services Board.
Snyder told the audience his team will lead and "has looked past the derision and divisiveness." Speaking about the creation of a general services department, he told the group that inclusion of the utility department was "stalled because of the council take over of the USB."
He also told them the city will have the "courage to see past petty politics."
Chicago Tribune
Feb 15, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-state-of-city-st-0216-20180215-story.html
Portage Mayor James Snyder delivered his sixth State of the City address Thursday and insisted his future as head of the city is bright and clear.
"I plan to be here again next year," Snyder said after his speech. "We've been saying all along I've done nothing wrong."
In November 2016, Snyder was indicted on multiple federal corruption charges. His trial has been continued twice, with a new date set for this June. Since the indictment, Snyder's first attorney, Thomas Kirsch Jr., has been appointed U.S. Attorney for the Northern District of Indiana, and Snyder was forced to find new counsel.
Several audience members said they appreciated Snyder's 2017 wrap-up and his plans for the coming year even if their forecasts were not as clear as the mayor's.
"I think the mayor did a great job recapping the successes of 2017 and laying out his vision for 2018 and recognizing all the achievements of the people who are providing services to the residents," said Ryan Smiley, president and CEO of the Boys and Girls Clubs of Greater Northwest Indiana. "But, I think (the trial) causes everybody a bit of concern, just because of the uncertainty of the situation."
Retired steelworker John Arroyo, president of the Portage Athletic Boosters Club, said he was not aware of the details of Snyder's legal woes, "but, I'm absolutely concerned. I think (Snyder's) been pretty transparent about it, and he now has a new attorney, but we don't know where this is going to go.
"We wish (Snyder) well and hold him and all the other public leaders in prayer to do the right thing."
There were no city council members at the event. Clerk-Treasurer Chris Stidham, who, like Councilman John Cannon, D-4th, is eyeing the mayor's spot in the 2019 election cycle, also skipped the speech.
Unlike last year, when Snyder made brief comments before turning the podium over to his department heads, the mayor listed a number of business and social successes, like the development of Hannah's Hope Playground, what local officials have called the "first, truly all-inclusive playground for children of all abilities."
Snyder also spoke of the Promenade at Founders Square, a mixed-use retail and residential development towering over an area city leaders have been promoting as Portage's first real downtown center.
Snyder also touted the Central Avenue West project, a multi-stage remake of one of the city's main drags. Beginning at Willowcreek Road, the plan will upgrade the infrastructure, add roundabouts and add a lighted trail to the city's west side.
The mayor began and ended his comments by describing 2018 as the city's "year of courage."
"Portage is courage," Snyder said. "I, my staff, and the people serving you will make sure that this year is, again, one of the most successful years Portage has seen, and we will stand and be strong no matter what is thrown at us."
NWI Times
February 01, 2018
http://www.nwitimes.com/news/local/porter/portage-mayor-james-snyder-campaign-committee-expenses-include-k-to/article_820e59ed-8465-5a1d-b8f0-a2396506fd14.html
PORTAGE — Mayor James Snyder raised and spent just over $102,000 last year, according to his campaign finance report filed this week.
Of that, $41,000 went to two attorneys, Thomas Kirsch II, of Chicago, and Jackie Bennett, of Indianapolis, who have been defending him in his federal public corruption case. Kirsch gave up his private practice when he was nominated to become U.S. attorney for northern Indiana.
"I and my city team are very grateful to the people and business who give to my campaign," Snyder said in a written statement. "The federal government is not infallible, but they do have unlimited resources and the media. My campaign funds being spent to protect me and my family pale in comparison to the tax dollars that are being spent to slander someone who has done nothing unlawful or wrong."
Another $15,000 went to his wife for office work.
Snyder said 20 percent of the funds raised through his campaign committee were spent on city functions such as the Christmas parade, Hannah's Playground, other events and "even taking City Council members to dinner."
He also repaid $2,000 of his $10,000 debt to John Cortina, his co-defendant in the federal case. The loan was detailed in Snyder's 2016 finance report.
Snyder's campaign treasurer, Kenard Taylor of Valparaiso, said Cortina routinely contributed $2,000 to Snyder each year to be a part of the mayor's roundtable. However, in 2017, Cortina forgave $2,000 of the $10,000 loan he gave Snyder in 2016 to retain his membership.
The mayor's roundtable, Taylor said, is a group of individuals and businesses who donate $2,000 annually to Snyder's campaign committee in exchange for attending four exclusive events in which they hear a report from Snyder and have a chance to give him input on the city's future.
Brian Howey, publisher of Howey Politics Indiana, said Snyder's financial report seemed a bit unusual.
"There are two levels of scrutiny. One is the donors, if they want their money used to pay his wife or attorneys; the other is the voters, the taxpayers," he said. "If it is legal, I guess it is up to the voters to determine if it is unseemly."
Snyder's committee received donations of $2,000 or more from 26 donors in 2017.
Snyder also received multiple donations from some business owners. John and Paul Marshall, of Crown Point, are principals in both Marshall II Enterprises and Midnight Blue Towing, according to the Indiana secretary of state's website. Together the companies donated a total of $3,000 to Snyder's committee. Similarly, Thomas Collins, of Hobart, is the principal in both Apple Core LLC and Luke Land LLC of Hobart. Donations of $2,000 from each company, or $4,000 in total, were received from Collins through his companies.
Taylor said contribution limitations are only on unions and corporations, adding LLCs have no donation limits.
Chicago Tribune
January 31, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-campaign-report-st-0201-20180131-story.html
In an off year for municipal elections, Portage Mayor James Snyder raised and spent about $102,000, according to his 2017 campaign finance report.
The 32-page report, filed Monday and on the Porter County government website Tuesday after a preliminary form was filed two weeks ago to meet a filing deadline, shows $41,000 in legal fees to two attorneys related to his November 2016 federal indictment, as well as $15,000 in payments to his wife for office work.
The form also reflects a $10,000 loan from John Cortina, Snyder's co-defendant in his criminal case and the fact that $2,000 of that loan has been forgiven.
Snyder and Cortina, owner of Kustom Auto Body in Portage, were both indicted in November 2016 on bribery charges. Authorities said Snyder allegedly solicited money from Cortina and an unnamed individual and gave them a towing contract for the city.
The two have pleaded not guilty. Their trials are scheduled for June.
"I believe my campaign finance reports are the most transparent in the region, and they demonstrate that myself, my campaign and my staff – we do things right," Snyder said.
The legal fees have appeared on Snyder's campaign finance reports for the past few years because he was being investigated before he was charged, he said.
The 2017 form reflects $21,000 in fees paid to Thomas Kirsch, who was Snyder's attorney before he was named as U.S. Attorney for the Northern District of Indiana in October, and $20,000 for his current attorney, Jackie Bennett Jr. of Indianapolis.
"I have been under investigation and there were legal fees to Thomas Kirsch" in 2015, 2016 and 2017, Snyder said, "and you've written about it each year so it's nothing new."
Kenard Taylor, Snyder's treasurer and the person who prepared the report, admitted the legal fees were "a lot of money."
The fees are justifiable as a campaign expense, Taylor said, because Snyder is defending himself against charges related to his job as mayor. If Snyder is found not guilty, he added, the mayor could ask the city to reimburse him for the legal expenses.
Under Indiana Code and the state's manual on campaign finance, which mirrors the code, campaign funds can be used for "activity related to service in an elected office."
Whether legal fees fall under that category is unclear.
"Some things are judgment calls. If I were giving advice, I would probably advise against it," said Dale Simmons, co-general counsel for the election division of the Indiana Secretary of State's Office, adding his perspective might be different if a defendant was acquitted.
Misuse of campaign funds is a Class A infraction, Simmons said, a civil penalty that could result of a fine of up to $1,000, though that would be up to a local election board.
Snyder said his wife Deborah made more in 2017 than in past years working for him than she has in previous years, something Taylor confirmed. Snyder's 2016 form reflects $12,000 in payments to Deborah Snyder.
Snyder's office staff from his previous employer used to handle some of those tasks, Taylor said, and Snyder's wife is now doing that work.
The work, Snyder and Taylor said, involves the mayor's roundtable donors, for whom he schedules events with quarterly. Those donors, who include Cortina and make up a large portion of his campaign funds, donated $2,000 each year.
"You can imagine there's a lot of work to what we do," Snyder said.
Campaigns often hire workers, Simmons said, and there is no nepotism clause in the state statute that prevents those running for office from hiring relatives.
"But I know how people look at that," he said. "People raise an eyebrow. Some of those things are made campaign issues."
Some of Snyder's campaign funds were used for lunches and other details for city employees, according to the form, and also include $790, spent on Dec. 2, for carriage rides for the city's Christmas festival.
In the past, Snyder said the lion's share of what he's raised has gone back to city employees and fundraising, though that's changed since the indictment.
"Now because of the situation we have, it's less," he said. "A lot of expenditures outside of legal are for fundraising and to take care of the city because a lot of mayors have promotional budgets, and I don't."
January 27, 2018
http://www.porterco.org/ArchiveCenter/ViewFile/Item/2797
NWI Times
Jan 21, 2018
http://www.nwitimes.com/news/local/porter/portage-mayor-questions-legality-of-utility-services-board/article_6861312b-b263-51cd-9a9b-dd2b76a2feac.html
PORTAGE — The discord between Mayor James Snyder and members of the City Council over the operation of the Utility Services Board is continuing.
Snyder recently sought an opinion from an Indianapolis law firm on the legality of the operation of the Utility Services Board, in particular since its control was taken from his hands by the City Council last March.
A memorandum from Bingham Greenebaum Doll, made public last week, concludes the present USB has no authority to supervise and control the city's sanitary sewer utility. Because a utility service board only has the authority to control "municipally owned utilities," it is governed by a different state code than under which the board was formed in 2009, and the present USB was improperly created and fails to comply with the correct state code, according to the memo.
Traditionally, the mayor has served as the chairman of the USB. However, citing concerns about Snyder's spending habits, including attempting to use $93,000 of USB funds to pay his personal legal bills involving his federal public corruption indictment, the City Council moved early last year to take over control of the USB, which includes both the city's sanitary sewer and stormwater departments. The present USB was formed in 2009, consolidating previously separate boards that individually controlled the two departments. Even before the consolidation, the mayor was the traditional head of the sanitary sewer board.
City Attorney Gregg Sobkowski said Snyder sought the opinion after talking to several people who indicated they didn't believe the council's takeover of the USB was legal. Snyder referred all questions on the matter to Sobkowski.
"He sought the decision to determine if it is right or not," Sobkowski said, adding, "I reviewed the memo, and it seems to me it is right. I agree with his (consultant's) opinion."
USB and City Council attorney Ken Elwood isn't so sure.
"We find it interesting that the mayor was chair of the board for six years before he attacks the validity of the board," said Elwood, who said he has reviewed the document and doesn't think it is correct.
Elwood, who was city attorney in 2009 under then Mayor Olga Velazquez, said he is researching the issue.
Elwood said that back then consultants and bond counsel recommended the combination of the two boards to allow for more bonding power. After the two boards consolidated, the USB issued a $10 million bond that funded the Stone Avenue stormwater project.
"His concern is that the council is in control," Elwood said, adding the mayor is claiming all actions by the USB prior to March 1, 2017, are valid, but those taken after that date — when the City Council took control — are invalid.
That concern, said Clerk-Treasurer Chris Stidham, has caused the USB to delay implementing a new stormwater fees system adopted by the USB and City Council last year.
The new system altered fees from being based on water meter size to impervious surface measurements. The change affected only businesses and industries.
Stidham said they did not implement the new fee system in January as scheduled because of concerns over Snyder's action and the possibility of a lawsuit challenging the USB's operations. He added the new fee system would generate an additional $116,000 per month for the USB.
Sobkowski said there is no plan at present for a lawsuit.
"The plan has been to get this information to the council and Ken. Assuming it is right, we want to come up with a plan to properly organize to a different system," Sobkowski said, adding it would likely go back to a two-board system like prior to 2009. "Our hope is that we will come to an agreement."
The USB has called an executive session for Feb. 6, prior to their regular public meeting, to discuss Elwood's findings.
Snyder continues legal fight against Portage utility board takeover
Chicago Tribune
January 19, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-snyder-challenge-st-0121-20180119-story.html
Portage Mayor James Snyder said he hired a law firm to challenge a 2017 ordinance authorizing the City Council to take over the Utility Services Board last February, claiming that the city ordinance allowing the council to take over the USB actually was a threat to mayors across the state.
But newly elected USB President Scott Williams, who also is a councilman (D-3rd), said there is room for the mayor and board to work together and improve communication.
Last February, the City Council passed resolutions removing Snyder as the director of the utility department, including his $30,000 annual salary, and taking over the USB. The former USB was made of a majority of mayoral appointees.
Snyder hired Indianapolis-based law firm Faegre Baker Daniels, which drafted a double-sided, two-page letter to the council indicating their move to strip Snyder of his salary was illegal. Shortly after receiving the Faegre letter — which will cost residents $19,651 — the council relented, moving the $30,000 salary to the city's budget and off the USB's books.
Using money from his 2018 mayoral budget, Snyder hired Bingham Greenbaum Doll, a law firm with offices in Indiana, Ohio and Kentucky, to look into the council's 2017 takeover of the USB. Early last month, the firm sent Snyder a memorandum claiming the 2009 city ordinance establishing the original USB was improper, as was the council's takeover of the USB last year.
"I think (the ordinance) was passed to deal with the mayor of Portage, but, instead, what the council did was take on every mayor in the State of Indiana," Snyder said. "If the mayor can be threatened to lose his executive power at the utility, then every mayor in the state has a problem."
Snyder said Portage's legislative body, the city council, forced itself into a role the executive branch is supposed to hold when it took over the utility board.
Part of the council's motivation was the mayor's 2016 federal indictment on bribery charges, Snyder said. Federal prosecutors allege that Snyder solicited money from tow truck operator John Cortina and a confidential source, giving them a towing contract for the city.
Snyder and Cortina have pleaded not guilty. Their trials are scheduled for June.
The USB may have been improperly formed in 2009, Snyder said, but the former USB's makeup of a majority of mayoral appointees meant the former board was closer to what state law intended and more likely to keep Portage out of legal trouble.
Snyder said his office will pay Bingham for its work, but abiding by the law firm's decision will have a bigger payoff.
"I hope we can come to resolution," Snyder said. "I don't know what (hiring Bingham) will cost, but it's not going to cost us millions of dollars in class action lawsuits because we're going to get it fixed quickly to be within state law."
Williams said the USB will get a legal opinion on the Bingham memorandum from Board Attorney Ken Elwood, who also represents the council, at its next executive session in early February, but, he said, Snyder apparently did not have any problems with the creation or makeup of the USB until he lost control of the board.
"It was perfectly okay for the mayor then," Williams said. "I think the jury's still out in terms of what we have done, the council taking over the USB, is legal or illegal."
One way to get Snyder and the USB working together and communicating is to make decisions on improvements to a section of Dombey Road, on the city's north side. The Dombey Road improvement is a two-phase project involving new infrastructure and reconstruction of sections of several streets on either side of U.S. 20.
The USB already has a $1.4 million Community Crossing grant from the Indiana Department of Transportation to pave streets west of Dombey, including Locust, Plaza and Marquette, but the USB and mayor have to decide who will pay what portion of a $450,000 bid awarded to construction firm Walsh and Kelly to do more infrastructure work, Williams said.
That means the two parties will have to talk, he added. Getting the sole Republican on the council and USB, John Cannon (D-4th), to help mend the rift between Sndyer and the USB may help, Williams said.
The rest of the city council and, therefore, the USB are Democrats.
"Another good example of a bipartisan effort is working with (John) Cannon on meeting with the mayor to reach a decision on how we made this (Dombey Rd.) project happen and share the cost," Williams said.
The USB and Snyder are scheduled to meet Thursday afternoon to discuss the Dombey project.
The report, filed Wednesday with the Porter County Election Office, is incomplete. The lone details indicate he raised and spent approximately $91,000 last year and that he ended the year more than $19,000 in debt, including a $10,000 debt to John Cortina, his co-defendant in a federal public corruption case.
Ken Taylor, Snyder's treasurer, said the bare bones report was filed Wednesday because he has been having some health issues and has been working to re-create records necessary to itemize both expenditures and contributions in the report. Taylor said, under state law, it is better to file an incomplete report and then file an amended report. He said he intends to file the full report by next Wednesday.
According to the information filed, Snyder owes Cortina $10,000. Taylor said that was a carryover loan from the previous year. Snyder's 2016 report does indicate he borrowed $10,000 from Cortina on Jan. 28, 2016, just a day before he made a $10,000 payment to his then-defense attorney, now U.S. attorney, Thomas Kirsch II. In addition, Cortina made a $2,000 direct donation to Snyder on Jan. 28, 2016.
Snyder is accused of accepting a $12,000 bribe from Cortina on the condition Cortina's company be put on the city's towing list. The two were indicted in November 2016. Their trial is scheduled to begin in Hammond federal court June 4.
Taylor said the contributions total of $91,391 and the expenditure total of $91,385 should not be more than a few hundred dollars off the completed report based on bank balances and that his ending balance of $1,165 reflects the committee's bank account balance. In 2016 Snyder raised in excess of $136,000.
Snyder also did not sign the report. Taylor said he will sign the amended report.
Portage Mayor James Snyder owes a tow truck operator, who is a co-defendant in the mayor's federal bribery case, $10,000, according to a recently filed campaign finance report.
Snyder's 2017 campaign finance report showed he owes John Cortina, owner of Kustom Auto Body in Portage, $10,000 that the tow operator loaned the mayor's election committee in 2016. The Portage mayor's campaign has $19,327.69 in debt — $10,000 to Cortina and $9,327.69 to himself, the report said.
"One of the debts we still have to pay is to Mr. Cortina and it has always been considered by the campaign to be a loan, not a bribe," said Kenard Taylor, Synder's campaign treasurer, adding Cortina donated to Snyder's campaign for several years.
The campaign's debts to Snyder and Cortina also were reflected in the 2016 report.
Snyder did not return a call seeking comment.
Snyder and Cortina were both indicted in November 2016 on bribery charges. Authorities said Snyder allegedly solicited money from Cortina and a confidential source and gave them a towing contract for the city.
The two have pleaded not guilty. Their trials are scheduled for June.
Taylor said health issues prevented him from filing a more detailed report by the deadline, which was Wednesday.
"Because of the special circumstances he's in, we want to make sure they're 100 percent accurate," Taylor said.
The report showed more than $91,000 in income and expenditures for last year, two years before the next city election cycle.
The report showed Snyder had $1,160.11 on hand at the start of last year; that he received $91,391 in donations; spent $91,385.29; and had $1,165.82 at the end of the year.
The form does not detail who the money was received from or what the expenditures were, though Taylor said a detailed report will be filed by Jan. 24.
The 2017 form, Taylor said, reflects a drop in income and expenditures from 2016 of about $40,000, and the amounts are not unusual for off years for campaigns.
"You receive and spend a lot of money on fundraising. Another thing is you have staff, people you keep on board, and you make a lot of donations," Taylor said, adding the funds also can be used for things that can't typically come out of a city budget, like taking staff to lunch. "They are allowed to spend campaign funds on that."
Taylor, who also files Gary Mayor Karen Freeman-Wilson's campaign finance reports in Lake County, said she has used the funds to attend conferences and association meetings. Elected officials of both parties use the practice, he added; Snyder is a Republican and Freeman-Wilson is a Democrat.
"It keeps their name out in the public eye," he said.
For comparison, Valparaiso Mayor Jon Costas' report for 2017 reflects $221.50 in funds on hand at the start of last year; $6,000 in income and expenditures; and $7,000 in debt, which the campaign owes to Costas, the report says. The expenditures were donations to the county and state Republican parties.
Snyder's 2016 report reflected $22,000 in legal fees paid to Thomas Kirsch II throughout that year. Kirsch, who was appointed as U.S. Attorney for the Northern District of Indiana in October, previously served as Snyder's lawyer and represented Snyder in his criminal case until he was selected for his new post.
The 2017 report will have legal fees as well and may include payments to Kirsch from earlier in the year, Taylor said.
Taylor filed an incomplete form, he said, to avoid potential fines from the county election board, which are $50 a day for a missed deadline and $10 a day for inaccurate or incomplete forms.
"You're better off getting something in," Taylor said.
The election board typically does not issue fines for missing the deadline, said election board president David Bengs.
"We've issued warnings to get them to file their campaign reports on time" but no fines, he said.
2017 campaign reports for Lake County mayors
Portage mayor's finance report incomplete, shows $10K loan from co-defendant
NWI Times
January 18, 2018
PORTAGE — Mayor James Snyder's 2017 campaign finance report isn't yet telling from whom he raised an excess of $91,000 last year or where he spent it. His treasurer blames himself.
The report, filed Wednesday with the Porter County Election Office, is incomplete. The lone details indicate he raised and spent approximately $91,000 last year and that he ended the year more than $19,000 in debt, including a $10,000 debt to John Cortina, his co-defendant in a federal public corruption case.
Ken Taylor, Snyder's treasurer, said the bare bones report was filed Wednesday because he has been having some health issues and has been working to re-create records necessary to itemize both expenditures and contributions in the report. Taylor said, under state law, it is better to file an incomplete report and then file an amended report. He said he intends to file the full report by next Wednesday.
According to the information filed, Snyder owes Cortina $10,000. Taylor said that was a carryover loan from the previous year. Snyder's 2016 report does indicate he borrowed $10,000 from Cortina on Jan. 28, 2016, just a day before he made a $10,000 payment to his then-defense attorney, now U.S. attorney, Thomas Kirsch II. In addition, Cortina made a $2,000 direct donation to Snyder on Jan. 28, 2016.
Snyder is accused of accepting a $12,000 bribe from Cortina on the condition Cortina's company be put on the city's towing list. The two were indicted in November 2016. Their trial is scheduled to begin in Hammond federal court June 4.
Taylor said the contributions total of $91,391 and the expenditure total of $91,385 should not be more than a few hundred dollars off the completed report based on bank balances and that his ending balance of $1,165 reflects the committee's bank account balance. In 2016 Snyder raised in excess of $136,000.
Snyder also did not sign the report. Taylor said he will sign the amended report.
Portage mayor owes $10K to co-defendant in federal bribery case, report shows
Chicago Tribune
January 18, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-campaign-reports-st-0119-20180118-story.html
Portage Mayor James Snyder owes a tow truck operator, who is a co-defendant in the mayor's federal bribery case, $10,000, according to a recently filed campaign finance report.
Snyder's 2017 campaign finance report showed he owes John Cortina, owner of Kustom Auto Body in Portage, $10,000 that the tow operator loaned the mayor's election committee in 2016. The Portage mayor's campaign has $19,327.69 in debt — $10,000 to Cortina and $9,327.69 to himself, the report said.
"One of the debts we still have to pay is to Mr. Cortina and it has always been considered by the campaign to be a loan, not a bribe," said Kenard Taylor, Synder's campaign treasurer, adding Cortina donated to Snyder's campaign for several years.
The campaign's debts to Snyder and Cortina also were reflected in the 2016 report.
Snyder did not return a call seeking comment.
Snyder and Cortina were both indicted in November 2016 on bribery charges. Authorities said Snyder allegedly solicited money from Cortina and a confidential source and gave them a towing contract for the city.
The two have pleaded not guilty. Their trials are scheduled for June.
Taylor said health issues prevented him from filing a more detailed report by the deadline, which was Wednesday.
"Because of the special circumstances he's in, we want to make sure they're 100 percent accurate," Taylor said.
The report showed more than $91,000 in income and expenditures for last year, two years before the next city election cycle.
The report showed Snyder had $1,160.11 on hand at the start of last year; that he received $91,391 in donations; spent $91,385.29; and had $1,165.82 at the end of the year.
The form does not detail who the money was received from or what the expenditures were, though Taylor said a detailed report will be filed by Jan. 24.
The 2017 form, Taylor said, reflects a drop in income and expenditures from 2016 of about $40,000, and the amounts are not unusual for off years for campaigns.
"You receive and spend a lot of money on fundraising. Another thing is you have staff, people you keep on board, and you make a lot of donations," Taylor said, adding the funds also can be used for things that can't typically come out of a city budget, like taking staff to lunch. "They are allowed to spend campaign funds on that."
Taylor, who also files Gary Mayor Karen Freeman-Wilson's campaign finance reports in Lake County, said she has used the funds to attend conferences and association meetings. Elected officials of both parties use the practice, he added; Snyder is a Republican and Freeman-Wilson is a Democrat.
"It keeps their name out in the public eye," he said.
For comparison, Valparaiso Mayor Jon Costas' report for 2017 reflects $221.50 in funds on hand at the start of last year; $6,000 in income and expenditures; and $7,000 in debt, which the campaign owes to Costas, the report says. The expenditures were donations to the county and state Republican parties.
Snyder's 2016 report reflected $22,000 in legal fees paid to Thomas Kirsch II throughout that year. Kirsch, who was appointed as U.S. Attorney for the Northern District of Indiana in October, previously served as Snyder's lawyer and represented Snyder in his criminal case until he was selected for his new post.
The 2017 report will have legal fees as well and may include payments to Kirsch from earlier in the year, Taylor said.
Taylor filed an incomplete form, he said, to avoid potential fines from the county election board, which are $50 a day for a missed deadline and $10 a day for inaccurate or incomplete forms.
"You're better off getting something in," Taylor said.
The election board typically does not issue fines for missing the deadline, said election board president David Bengs.
"We've issued warnings to get them to file their campaign reports on time" but no fines, he said.
2017 campaign reports for Lake County mayors
The amount of money raised and spent by Lake County mayors varied in 2017.
* Crown Point Mayor David Uran raised $109,181.27 in 2017 and spent $90,259.63. Uran still has $142,018.28 on hand, according to his campaign finance report, and $254.34 in debt owed to the committee.
* East Chicago Mayor Anthony Copeland raised $64,000 in 2017 and spent $82,626.78. Copeland still has $172,529.40 on hand, according to his finance report, and zero debt.
* Gary Mayor Karen Freeman-Wilson raised $130,516.49 in 2017 and spent $131,659.20. Freeman-Wilson has $12.18 on hand, according to her campaign finance report, and $1,500 in debt owed by the committee.
* Hammond Mayor Thomas McDermott Jr. raised $278,722.50 in 2017 and spent $218,620.34. McDermott has $202,226.16 on hand, according to his campaign finance report, and $35,000 in debt owed to the committee.
* Hobart Mayor Brian Snedecor raised $60,027 in 2017 and spent $41,235. Snedecor still has $113,670.80 on hand, according to his campaign finance report, and zero debt.
* Whiting Mayor Joe Stahura raised $84,925 in 2017 and spent $63,903.63. Stahura has $37,676.71 on hand, according to his campaign finance report, and has $53,292.15 in debt owed to the committee.
01182017--Snyder's-2016-Financial-Report-For-Citizens-For-Snyder
Early last month, Bingham Greenbaum Doll, a legal firm with offices in Indiana, Kentucky and Ohio, sent Snyder a memorandum indicating Portage's "Utility Services Board has no authority to supervise and control the city's sanitary sewer utility" and indicating the USB was "improperly created" from the beginning.
The memorandum also claims the City Council's Ordinance 17-7, which gave the council the right to take over the USB, "fails to comply with requirements"of Indiana law by removing the mayor's authority to appoint the majority of the board and "by designating the City Council as members of the Utility Services Board."
Snyder did not return calls seeking comment, but residents and businesses are still on the hook for a $19,651 legal bill from another Indianapolis-based law firm, Faegre Baker and Daniels, from the last legal tiff between the mayor and the newly formed USB in February and March 2017.
In that dispute, Snyder convinced the former USB, the majority of whose members were Snyder appointees, to hire Faegre to fight the city council's move to dismiss Snyder as the utility's director and take away his $30,000 salary from the utility.
The council relented and allowed Snyder to keep his salary, but the council removed Snyder as director and took over the USB.
Portage Clerk-Treasurer Chris Stidham on Monday told the utilities board that Faegre Baker and Daniels has been sending monthly invoices to the city, but no move has been made by the city or the board, a separate legal entity, to pay the bill.
Utilities board and City Council Attorney Ken Elwood said his office is examining the Bingham memorandum, including determining if ordinances creating the USB in 2009 were legitimate.
Former utilities board President Mark Oprisko, who is president of the City Council, said residents could have avoided an any additional legal fees from the Bingham work if the mayor would have contacted other city officials.
Snyder has a budget line item for roughly $140,000 a year for legal work, Elwood said.
"Who's paying for that (Bingham memorandum) because (Snyder) decides to contact an attorney," Oprisko asked during the meeting. "Doesn't it make more sense to make a couple of telephone calls within the city?"
Portage Mayor James Snyder - Campaign Report
January 17, 2018
http://www.porterco.org/ArchiveCenter/ViewFile/Item/2785
Utilities board, Portage mayor renew legal fees tiff
Post-Tribune
January 16, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-mayor-board-st-0117-20180116-story.html
The Portage Utility Services Board again has become the site of another potential legal battle between Mayor James Snyder and the City Council, which took over the utilities board last March.
Early last month, Bingham Greenbaum Doll, a legal firm with offices in Indiana, Kentucky and Ohio, sent Snyder a memorandum indicating Portage's "Utility Services Board has no authority to supervise and control the city's sanitary sewer utility" and indicating the USB was "improperly created" from the beginning.
The memorandum also claims the City Council's Ordinance 17-7, which gave the council the right to take over the USB, "fails to comply with requirements"of Indiana law by removing the mayor's authority to appoint the majority of the board and "by designating the City Council as members of the Utility Services Board."
Snyder did not return calls seeking comment, but residents and businesses are still on the hook for a $19,651 legal bill from another Indianapolis-based law firm, Faegre Baker and Daniels, from the last legal tiff between the mayor and the newly formed USB in February and March 2017.
In that dispute, Snyder convinced the former USB, the majority of whose members were Snyder appointees, to hire Faegre to fight the city council's move to dismiss Snyder as the utility's director and take away his $30,000 salary from the utility.
The council relented and allowed Snyder to keep his salary, but the council removed Snyder as director and took over the USB.
Portage Clerk-Treasurer Chris Stidham on Monday told the utilities board that Faegre Baker and Daniels has been sending monthly invoices to the city, but no move has been made by the city or the board, a separate legal entity, to pay the bill.
Utilities board and City Council Attorney Ken Elwood said his office is examining the Bingham memorandum, including determining if ordinances creating the USB in 2009 were legitimate.
Former utilities board President Mark Oprisko, who is president of the City Council, said residents could have avoided an any additional legal fees from the Bingham work if the mayor would have contacted other city officials.
Snyder has a budget line item for roughly $140,000 a year for legal work, Elwood said.
"Who's paying for that (Bingham memorandum) because (Snyder) decides to contact an attorney," Oprisko asked during the meeting. "Doesn't it make more sense to make a couple of telephone calls within the city?"
Newly elected utilities board President Scott Williams said the board will discuss the Bingham memorandum in executive session Feb. 6.
The U.S. Attorney's Office and defense attorneys for Snyder and John Cortina, of Kustom Auto Body in Portage, petitioned the judge to move the trial back to June, citing that the Portage mayor recently hired a new attorney after Thomas Kirsch II became the new U.S. attorney in October.
The trial for Snyder and Cortina has been continued three times, according to court documents.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
Snyder hired Jackie Bennett Jr., of Taft Stettinius and Hollister in Indianapolis, to replace Kirsch as his attorney. Bennett, in the motion for continuance, said he needed additional time to prepare for trial.
"The government has informed undersigned counsel that it does not object to the requested continuance as to defendant James Snyder due to his recent change of counsel," the motion said. "The government also advises that it will file a separate response setting forth its position as to any continuance request by defendant John Cortina."
Cortina's attorney, Kevin Milner, agreed with the continuance request and said in court documents that the co-defendants are working closely on a joint defense.
"It is necessary to avoid undue prejudice to Cortina that his case be continued along with that of Snyder so that the same defense may be utilized," Milner said in the motion.
Judge moves Portage mayor's trial to June
Chicago Tribune
January 04, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-trial-continuance-st-0105-20180104-story.html
A federal judge Thursday agreed to push back the trial date for Portage Mayor James Snyder and a Portage tow operator to June.
The U.S. Attorney's Office and defense attorneys for Snyder and John Cortina, of Kustom Auto Body in Portage, petitioned the judge to move the trial back to June, citing that the Portage mayor recently hired a new attorney after Thomas Kirsch II became the new U.S. attorney in October.
The trial for Snyder and Cortina has been continued three times, according to court documents.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
Snyder hired Jackie Bennett Jr., of Taft Stettinius and Hollister in Indianapolis, to replace Kirsch as his attorney. Bennett, in the motion for continuance, said he needed additional time to prepare for trial.
"The government has informed undersigned counsel that it does not object to the requested continuance as to defendant James Snyder due to his recent change of counsel," the motion said. "The government also advises that it will file a separate response setting forth its position as to any continuance request by defendant John Cortina."
Cortina's attorney, Kevin Milner, agreed with the continuance request and said in court documents that the co-defendants are working closely on a joint defense.
"It is necessary to avoid undue prejudice to Cortina that his case be continued along with that of Snyder so that the same defense may be utilized," Milner said in the motion.
Assistant U.S. Attorney Philip Benson did not oppose the continuance, according to court documents.
HAMMOND — The public corruption trial of Portage Mayor James Snyder has been pushed back to June 4.
U.S. District Court Magistrate Judge John E. Martin granted a continuance Thursday for both Snyder and his co-defendant, John Cortina.
Snyder's attorneys requested the continuance Nov. 27, and Cortina's request followed a few days later. Federal prosecutors did not object to the request.
Snyder and co-defendant John Cortina had been set to go to trial on Jan. 29. The trial originally had been set for January 2017, but Snyder and Cortina have received several other continuances. The final pretrial conference is now set for May 18, and the trial will begin at 11:30 a.m. on June 4.
Snyder was indicted on Nov. 18, 2016, on two counts of bribery and one count of tax evasion. Cortina also was indicted at the same time on one count of bribery.
Snyder is alleged to have corruptly solicited and received two checks totaling $12,000 from Cortina in exchange for a towing contract in the city of Portage, according to information from the U.S. Department of Justice. Cortina is charged with corruptly offering those checks to Snyder.
Snyder also is charged with a second violation of the federal bribery statute. That count alleges that between Jan. 1, 2012, and Jan. 10, 2014, Snyder corruptly solicited and agreed to accept a bank check in the amount of $13,000 in connection with Board of Works contracts, a Redevelopment Commission project and other considerations, according to federal documents.
The final charge against Snyder alleges obstruction of internal revenue laws. This count alleges a scheme, undertaken by Snyder between January 2010 and April 2013, to obstruct and impede the Internal Revenue Service’s collection of personal taxes he owed and payroll taxes owed by his mortgage business.
The U.S. Attorney's Office and defense attorneys for Snyder and John Cortina, of Kustom Auto Body in Portage, petitioned the judge to move the trial back to June, citing that the Portage mayor recently hired a new attorney after Thomas Kirsch II became the new U.S. attorney in October.
The trial for Snyder and Cortina has been continued three times, according to court documents.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
Snyder hired Jackie Bennett Jr., of Taft Stettinius and Hollister in Indianapolis, to replace Kirsch as his attorney. Bennett, in the motion for continuance, said he needed additional time to prepare for trial.
"The government has informed undersigned counsel that it does not object to the requested continuance as to defendant James Snyder due to his recent change of counsel," the motion said. "The government also advises that it will file a separate response setting forth its position as to any continuance request by defendant John Cortina."
Cortina's attorney, Kevin Milner, agreed with the continuance request and said in court documents that the co-defendants are working closely on a joint defense.
"It is necessary to avoid undue prejudice to Cortina that his case be continued along with that of Snyder so that the same defense may be utilized," Milner said in the motion.
Portage Mayor James Snyder's federal trial pushed back to June 4
NWI Times
Jan 4, 2018
http://www.nwitimes.com/news/local/porter/portage-mayor-james-snyder-s-federal-trial-pushed-back-to/article_4b032d42-a867-5db9-a565-55273cf4c092.html
HAMMOND — The public corruption trial of Portage Mayor James Snyder has been pushed back to June 4.
U.S. District Court Magistrate Judge John E. Martin granted a continuance Thursday for both Snyder and his co-defendant, John Cortina.
Snyder's attorneys requested the continuance Nov. 27, and Cortina's request followed a few days later. Federal prosecutors did not object to the request.
Snyder and co-defendant John Cortina had been set to go to trial on Jan. 29. The trial originally had been set for January 2017, but Snyder and Cortina have received several other continuances. The final pretrial conference is now set for May 18, and the trial will begin at 11:30 a.m. on June 4.
Snyder was indicted on Nov. 18, 2016, on two counts of bribery and one count of tax evasion. Cortina also was indicted at the same time on one count of bribery.
Snyder is alleged to have corruptly solicited and received two checks totaling $12,000 from Cortina in exchange for a towing contract in the city of Portage, according to information from the U.S. Department of Justice. Cortina is charged with corruptly offering those checks to Snyder.
Snyder also is charged with a second violation of the federal bribery statute. That count alleges that between Jan. 1, 2012, and Jan. 10, 2014, Snyder corruptly solicited and agreed to accept a bank check in the amount of $13,000 in connection with Board of Works contracts, a Redevelopment Commission project and other considerations, according to federal documents.
The final charge against Snyder alleges obstruction of internal revenue laws. This count alleges a scheme, undertaken by Snyder between January 2010 and April 2013, to obstruct and impede the Internal Revenue Service’s collection of personal taxes he owed and payroll taxes owed by his mortgage business.
Portage mayor's towing bribery trial pushed for third time
Post-Tribune
January 04, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-snyder-trial-continuance-st-0105-20180104-story.html
A federal judge Thursday agreed to push back the trial date for Portage Mayor James Snyder and a Portage tow operator to June.
The U.S. Attorney's Office and defense attorneys for Snyder and John Cortina, of Kustom Auto Body in Portage, petitioned the judge to move the trial back to June, citing that the Portage mayor recently hired a new attorney after Thomas Kirsch II became the new U.S. attorney in October.
The trial for Snyder and Cortina has been continued three times, according to court documents.
Snyder and Cortina were charged in November 2016 with allegedly violating a federal bribery statue. Federal prosecutors said the mayor allegedly solicited money from Cortina and "Individual A" and gave them a towing contract for Portage.
Snyder received an additional bribery indictment for alleged accepting $13,000 in connection with a Board of Works Contract, and allegedly obstructing internal revenue laws.
Snyder and Cortina both pleaded not guilty to the charges last year, according to court documents.
Snyder hired Jackie Bennett Jr., of Taft Stettinius and Hollister in Indianapolis, to replace Kirsch as his attorney. Bennett, in the motion for continuance, said he needed additional time to prepare for trial.
"The government has informed undersigned counsel that it does not object to the requested continuance as to defendant James Snyder due to his recent change of counsel," the motion said. "The government also advises that it will file a separate response setting forth its position as to any continuance request by defendant John Cortina."
Cortina's attorney, Kevin Milner, agreed with the continuance request and said in court documents that the co-defendants are working closely on a joint defense.
"It is necessary to avoid undue prejudice to Cortina that his case be continued along with that of Snyder so that the same defense may be utilized," Milner said in the motion.
Assistant U.S. Attorney Philip Benson did not oppose the continuance, according to court documents.
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