Friday, December 16, 2016

12162016 - News Article - Lake County chief pleads guilty to corruption charge



Lake County chief pleads guilty to corruption charge
Chicago Post-Tribune
Craig Lyons
December 16, 2016 - 5:32PM



Judge Rudy Lozano had a question for Lake County Sheriff's Department's chief of police Friday as Timothy Downs pleaded guilty to a wire fraud charge: "Why?"

"I did wrong. I want to clear it up," said Downs, during a court hearing at U.S. District Court in Hammond. "I'm in fact guilty."

Downs, 65, pleaded guilty to a count of honest service wire fraud, using his position at the Sheriff's Department to solicit campaign donations from tow truck operators in a scheme to give more territory to those companies in exchange for the money, according to court documents.

Downs resigned Friday from the Lake County Sheriff's Department, ending a more than 37-year career with that agency, court documents said.

U.S. Attorney David Capp announced charges against Downs, Sheriff John Buncich and William Szarmach, of CSA Towing, at a Nov. 18 press conference.

Buncich, Downs and Szarmach were named in the multi-count indictment alleging an illegal towing scheme in which the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich's Boosters, according to court records. All three were charged with wire fraud, while Buncich and Szarmach were also charged with bribery.

Buncich, whose department was in charge of deciding which companies were called for towing services, and Downs allegedly steered business toward towing operators in exchange for cash and checks, the U.S. attorney alleged in the 14-page indictment.

Buncich allegedly took more than $25,000 in cash bribes and $7,000 in checks from Szarmach and another towing operator identified as "Individual A," according to the indictment.

Buncich and Szarmach pleaded not guilty to the charges during their initial appearances.

Downs said he sold fundraiser tickets to tow truck operators and would meet with them to make those transactions.

"The more they bought, the better they were treated," Downs said.

Assistant U.S. Attorney Philip Benson said authorities could prove Downs' role in a series of transactions with tow truck operators, and "Individual A" provided them with a series of meetings between himself, Downs and, on occasion, Szarmach.

Benson said, on one occasion, Downs met with "Individual A" to collect money -- $2,000 in checks and $500 in cash.

As a part of the plea agreement, taken under consideration by Lozano, Downs would cooperate with federal authorities and provide any information relative to the commission of any crime.

"Is that what you want to do?" Lozano asked.

"Absolutely, your honor," Downs said.

Downs could face up to 20 years in prison and a maximum $250,000 fine for the crime, Lozano said. The judge acknowledged that the U.S. attorney could seek a lower sentence based on Downs' compliance with the terms of the agreement, though that would ultimately be Lozano's decision.

"Even though I knew it was in violation of the law to accept direct cash payments or campaign contributions in exchange for favorable towing contract consideration, I did so to continue receiving my salary as chief of police for the Lake County Sheriff's Department," Downs said in court documents.

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