12162016 - News Article - LC Police Chief Downs to Plead Guilty

LC Police Chief Downs to Plead Guilty

The Northwest Indiana Gazette

December 16, 2016

http://nwigazette.com/2016/12/lc-police-chief/

“The government acknowledges that I have furnished pre-indictment cooperation with the investigation of this case”-Plea Agreement signed by Lake County Police Chief Timothy Downs

December 15, 2016-Lake County Police Chief Timothy Downs has agreed to plead guilty to one count of honest services wire fraud in connection with the Sheriff’s towing scandal. Downs was charge along with Sheriff/Democratic Party Chair John Buncich in a multi-count indictment on November 17, 2016. The timing of the agreement is a surprise, but most surprising is a statement that Downs was working with federal officials prior to the charges in this case. “The government acknowledges that I have furnished pre-indictment cooperation with the investigation of this case.”

Downs provides details as to the towing for cash scandal the Government has alleged:

"At all times between approximately February of 2014, and continuing through August of 2015, I knew the following to be true:

Between the above dates, I served as the Chief of Police for the Lake County Sheriff’s Department. Sheriff John Buncich appointed me to the position when he took office in 2011. I continually served in that position until the filing of this plea agreement. Upon the filing of this plea agreement, I am tendering my resignation to the Lake County Sheriff’s Department.

In my capacity as Chief of Police, I became aware that the Sheriff was using his control over the Sheriff’s Department tow list to extract political contributions and cash bribe payments in exchange for favorable treatment for certain Lake County towing firms. Pursuant to a County ordinance, the Sheriff had exclusive control and authority to determine who provided towing services for Lake County when County Police officers needed to tow a vehicle. Under the Sheriff, the Lake County tow list contained between approximately 10 to 12 tow firms. Each tow firm operated in a specific region of Lake County, and was obligated by contract to pay certain fees to the County for each tow provided at the request of the Sheriff’s officers.

As time progressed under the Sheriff, it became apparent that in order to get on the Lake County tow list, stay on the list, or obtain additional towing area, a tow company owner had to contribute to the Sheriff’s fundraisers. I was directed by the Sheriff to sell campaign fundraising tickets to the various towing companies working for Lake County. As part of this process, I would go to meet the various owners of these tow companies, deliver the tickets, and collect either cash or checks from some of the owners. Although I did not want to sell the fundraiser tickets, or collect the proceeds for these tickets, the Sheriff directly ordered me to engage in these activities, even though they were in direct contravention of County policy directives prohibiting such activity. Some of the tow owners paid the Sheriff directly. I sold these tickets during regular business hours using my government provided Sheriff’s vehicle. After getting this money, I would deliver the checks or cash to the Sheriff and provide information to him regarding who bought tickets and how many tickets were purchased by each company. Often times the owners of these companies did not even want the fundraiser tickets or take physical possession of them, but simply wanted to make sure that the Sheriff knew that they had contributed to his fundraiser.

Specifically, on or about April 8, 2014, October 21, 2014, and June 3, 2015, I obtained political contributions in the form of checks, and/or additional cash payments, in exchange for specific current or future favorable consideration regarding towing contracts for the Lake County Sheriff’s Department. I gave these checks and cash payments to the Sheriff knowing that the payments were obtained with the expectation of favorable treatment regarding towing for Lake County.

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. I continued to receive my Lake County Sheriff’s Department salary while accepting these bribe payments, even though at times, rather than enforcing the law I was breaking the law. I later came to learn that many of the cash payments I gave to the Sheriff were not recorded on his campaign finance report as required by law.

I further acknowledge that I was accepting bribe payments in the form of campaign contributions or cash, and giving these payments to the Sheriff,during the time period listed in Counts 1-3 of the indictment, while I was being paid my Lake County Sheriff’s Department salary via electronic direct deposit.

The plea agreement must be accepted by the Court and is contingent on Downs’ continued cooperation. The charge of Honest Services Wire Fraud carries a term of up to 20 years in prison. According to the Agreement, the parties agree that the sentencing range pursuant to federal guidelines will apply. Without cooperation, the guidelines would provide a sentence in the range of 41-51 months. Based on the severity of the offense, it is likely that Downs will still see significant incarceration even with cooperation.