07312017 - News Article - Tow truck owner pleads guilty in fraud and bribery case, intends to testify against Lake County Sheriff

Tow truck owner pleads guilty in fraud and bribery case, intends to testify against Lake County Sheriff

NWI Times

Jul 31, 2017 

http://www.nwitimes.com/news/local/crime-and-courts/tow-truck-owner-pleads-guilty-in-fraud-and-bribery-case/article_984a9585-e226-5cf9-af04-fd32f51e5a9e.html

HAMMOND — A Lake Station tow truck owner pleaded guilty Monday afternoon to federal wire fraud and bribery charges.

William Szarmach, of Hobart, 60, who owned and operated CSA Towing on the 2500 block of DeKalb Street in Lake Station, admitted to U.S. District Court Judge James Moody he made thousands of dollars in payments between 2009 and his arrest late last year to Lake County Sheriff John Buncich in exchange for contracts for county towing work.

Szarmach also admitted he failed to report more than $75,000 in taxable income during 2015.

Buncich awaits trial Aug. 7 on charges he shook down towing firms for campaign contributions.

Szarmach stated in his plea agreement he is prepared to tell a jury next month he purchased Buncich's political fundraising tickets by check and cash to retain and increase his business of towing vehicles for county police.

Buncich's lawyer, Bryan Truitt, said in pretrial court documents earlier the improper activity the government is alleging was confined to Buncich's second-in-command Timothy Downs, Szarmach and another government witness, Scott Jurgensen, owner of Samson’s Towing, of Merrillville.

Both the sheriff and his attorney have publicly maintained the sheriff did nothing wrong.

Szarmach, who has been in the towing business for more than eight years, states in his plea agreement, "... it was my belief that in order to remain on the Lake County tow list, or to increase my towing area, I would have to buy tickets to many, if not all, of Sheriff John Buncich's fundraising events and pay additional cash payments."

Szarmach's towing company was one of a dozen the sheriff approved to tow vehicles from public streets and highways for county police. Buncich had the sole authority to authorize towing firms before the Lake County Board of Commissioners took over the towing contract approvals this year.

Szarmach said these purchases were made sometimes directly to the sheriff and at other times through individuals employed by the county sheriff, including Downs, then chief of county police operations.

The period of the indictment alleges the money solicitations and payments began with Buncich's 2010 campaign.

The U.S. attorney's office has agreed to recommend Szarmach receive the minimum under the federal sentencing guidelines, in return for his cooperation. Szarmach also agrees to pay $89,448 for taxes he owes between 2008 and 2015.

07312017 - News Article - Tow operator pleads guilty, admits paying bribes to Lake County Sheriff John Buncich

Tow operator pleads guilty, admits paying bribes to Lake County Sheriff John Buncich

Chicago Tribune

July 31, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-szarmach-plea-hearing-st-0801-20170731-story.html

A tow operator admitted in federal court Monday he paid bribes to Lake County Sheriff John Buncich to secure more work from the county.

William Szarmach, 60, of C.S.A. Towing, pleaded guilty to charges of bribery, wire fraud and tax evasion during a hearing Monday after being charged by the U.S. Attorney's Office alongside Buncich and former Chief of Police Timothy Downs. Judge James Moody has not formally accepted the plea deal.

Assistant U.S. Attorney Philip Benson said the government's evidence shows that Szarmach realized that it order to get on the county's list of tow operators required payments, in the form of cash or through the purchase of fundraising tickets for the sheriff.

Szarmach realized around 2010 that other tow operators had more business, Benson said.

"If more money was paid, he could get more towing," Benson said.

To get on the tow list was a coveted position, Benson said, and to stay on it was just as valuable.

Once Benson described the facts of the case, Moody asked Szarmach for his plea.

"Guilty, your honor," Szarmach said.

Szarmach, in the agreement, laid out how he gave the sheriff more than $10,000 over the course of several years to get more towing business through the Lake County Sheriff's Department, according to court documents.

Buncich, Downs and Szarmach were named in a multicount indictment in November 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's Boosters, according to court records.

Buncich has publicly and in court documents insisted on his innocence.

"For those who know me and my 45 years in law enforcement, you know that I would never compromise my integrity or professionalism and cannot be guilty of these charges; trust that I would never sell my office — not for any amount. I assure you that I am absolutely innocent," Buncich wrote in an April statement.

Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents.

"Based upon my experience in the towing business in Northwest Indiana, it was my belief that in order to remain on the Lake County tow list, or to increase my towing area, I would have to buy tickets to many, if not all of Sheriff John Buncich's fundraising events and pay additional cash payments," the plea agreement read.

"To become involved, to increase, or to retain my Lake County towing, beginning in 2009 and continuing through 2016, I regularly purchased tickets to Sheriff John Buncich's fundraising events by cash and check," the agreement read. "These purchases were sometimes directly with the sheriff himself, and other times, through other individuals employed by the Lake County sheriff's officer, including the chief of police and co-defendant, Timothy Downs."

The purchases were made to reportedly get promises from the sheriff, including securing Szarmach's spot on the towing list, enlarging his heavy and light towing, getting Gary ordinance towing done by the Lake County Sheriff's Department, and getting help from the sheriff to get towing at Indiana University Northwest, according to court documents.

"To increase my Lake County towing, I simply paid more money for more towing," Szarmach said, in the plea agreement. "Sometimes these payments were in cash, other times, disguised as campaign check contributions, or sometimes a mix of both cash and checks."

Szarmach hurriedly answered Moody's questions whether he understood the details on the plea agreement.

"Relax. Take a deep breath," Moody said.

Szarmach pleaded guilty to charges of wire fraud, bribery and tax evasion, according to court documents. The wire fraud and bribery charges each carry a maximum sentence of up to 20 years in prison and a $250,000 fine, according to the plea agreement, and the failure to file tax returns has a maximum of one year incarceration and a fine not to exceed $100,000.

As a part of the deal, Szarmach agreed for pay $89,448 in restitution for the tax charge.

07282017 - Will John Cortina [Portage Kustom Auto Towing] follow William Szarmach's [CSA Towing] lead, and take a plea agreement?

On July 28th, William Szarmach / CSA Towing - who was federally indicted with Lake County Sheriff John Buncich in November 2016 - accepted a plea agreement in exchange for testifying against Sheriff Buncich. 

Here's to hoping that John Cortina / Portage Kustom Auto Towing - who was federally indicted with Portage Mayor James Snyder in November 2016 - does the right thing and accepts a plea bargain / testifies against Mayor Snyder.




Sheriff John Buncich news articles

Mayor James Snyder news articles










UPDATE: Plea agreement details alleged deals between Lake County Sheriff Buncich and towing companies
NWI Times
Jul 28, 2017
http://www.nwitimes.com/news/local/crime-and-courts/update-plea-agreement-details-alleged-deals-between-lake-county-sheriff/article_b69342f4-252d-5cfe-9605-9418280a7d30.html

HAMMOND — A Lake Station tow truck owner has agreed to plead guilty to federal wire fraud and bribery charges and to testify against Lake County Sheriff John Buncich.

The plea agreement filed early Friday could make a star government witness of William Szarmach, of Hobart, who owned and operated CSA Towing, on the 2500 block of DeKalb Street, Lake Station, since 2008.

Szarmach is scheduled to appear Monday afternoon before Magistrate Judge John E. Martin to plead guilty to wire fraud, bribery and failing to file a federal income tax return reporting more than $75,000 in taxable income during 2015 on which he owed more than $17,000 in federal taxes.

Szarmach is prepared to tell a jury next month he purchased Buncich's political fund-raising tickets by check and cash between 2009 and 2016 to retain and increase his business of towing vehicles for county police.

Buncich is contesting allegations he was shaking down towing firms for campaign contributions and is set to stand trial beginning Aug. 7 before Senior U.S. District Court Judge James T. Moody.

Buncich's lawyer, Bryan Truitt, has stated in pre-trial court documents the improper activity the government is alleging was confined to Downs, Szarmach and another government witness, Scott Jurgensen, owner of Samson’s Towing of Merrillville.

Truitt has stated, "Sheriff John Buncich maintains he has done nothing wrong. There is little to no direct evidence or a smoking gun," Truitt said in court records.

The U.S. attorney's office has said Jurgensen deserves credit for uncovering public corruption.

Szarmach's towing company was one of several the sheriff approved to tow vehicles from public streets and highways for county police before the Lake County Board of Commissioners took over the towing contract approvals this year.

Plea agreement details alleged deals
Szarmach alleges in his plea agreement he was one of 12 tow companies on the Lake County Sheriff towing list. Buncich had the sole authority at the time to authorize towing firms to remove vehicles from public road ways in the county.

Szarmach, who had owned his towing firm more than eight years, states, "Based on my experience in the towing business in Northwest Indiana, it was my belief that in order to remain on the Lake County tow list, or to increase my towing area, I would have to buy tickets to many, if not all, of Sheriff John Buncich's fundraising events and pay additional cash payments."

He states these purchases were made sometimes directly to the sheriff and at other times through other individuals employed by the county sheriff, including Downs, then chief of county police operations.

Buncich served as sheriff from 1994 to 2002 and was running to return to office in the 2010 election when Szarmach states he started going to Buncich fund-raisers and making contributions to join the so-called "boys club." 

Szarmach's plea agreement states, "I knew that Person X had a better relationship with Buncich than I did. At one of these restaurant meetings, after discussing Buncich with Person X, I gave Person X $500 cash. I then saw Person X hand the cash to Buncich. Buncich shook my hand and said, 'Thank you.' I knew that by giving Buncich this cash, it opened the door to towing for the Sheriff's Department." The court document doesn't identify Person X.

Szarmach states he received his first towing assignment from a county police dispatcher the first day Buncich took office after winning in the fall of 2010. "This was when I knew I was on the Lake County tow list," Szarmach said.

He said Buncich initially promised there would only be five towing firms working with county police, but he later learned he was competing with a dozen towing firms that were on the sheriff's list.

Szarmach states he had several meetings with Buncich at an unidentified restaurant in Cedar Lake and signaled he was prepared to make more payments by telling the sheriff, "I'm here for you."

Szarmach alleges he gave Buncich $1,000 folded up in an envelop during their second Cedar Lake meeting "to grease the wheels." He states that six months later, Buncich gave Szarmach towing assignments associated with the sheriff's Lake County Gang Unit, a group of county police detectives focusing on criminal gang activity.

Szarmach said that he believed he ranked in the middle of the pack of 12 towing firms doing county police business in terms of towing assignments he received from the sheriff, but he wanted more so he began increasing his payments to the sheriff.

Szarmach's plea agreement states, "Sometimes these payments were in cash, other times disguised as campaign check contributions, or sometimes a mix of both cash and checks."

Szarmach recounts giving Downs $500 cash and a $2,000 check in October 2014 payable to the Democratic Party of Lake County. This was four months after Democratic precinct committee members elected Buncich as their party chairman.

Buncich was running for re-election as sheriff in 2014 and raised more than $200,000 from hundreds of contributors, according to county elections board records. Szarmach's agreement states he made other payments in 2015 and 2016.

Szarmach states he began cooperating in 2016 with Scott Jurgensen, owner of Samson’s Towing of Merrillville, and recently identified as a government informant who is referred to in the indictment as "Individual A." He said together thay paid Buncich $6,000 in April 2016. 

"To obtain my portion of this bribe payment, I told Buncich to look inside my new vehicle. Buncich entered my vehicle and retrieved $3,500 from the vehicle's front seat."He states he and Jurgensen were afterwards given sole rights to do the towing county police ordered when enforcing Gary's ordinance violations.

Szarmach alleges he and Jurgensen talked Buncich into eliminate the need for their towing firms to pay the county treasury a $50 fee, earmarked to pay the salaries of some county police officers. They told Buncich this would free up more money to pay him kickbacks.

Szarmach also states he wanted Buncich's help to gain towing business from Indiana University Northwest in Gary. "Buncich told me he would have someone from his office speak to IUN.

"I gave Buncich $1,000 in cash in the parking lot of a restaurant where we were eating. This $1,000 cash payment was for Buncich's help in getting me the IUN towing and for helping me with a union issue in Lake Station."

Initial indictements came down Nov. 18

A federal grand jury indicted Szarmach, Buncich and Timothy Downs, the sheriff's former second-in-command, on Nov. 18, 2016.

Szarmach had, until Friday, been pleading not guilty to bribery and wire fraud counts alleging he paid the sheriff $9,500 between June 2015, and last August to influence the sheriff to give Szarmach more lucrative towing assignments.

Szarmach's lawyer, Daniel Purdom, of Lisle, Illinois, signaled on June 20 that Szarmach and the U.S. attorney's office were trying to conclude a plea agreement in the bribery case. No plea agreement was made public Thursday afternoon.

The agreement indicates Szarmach can win a reduced sentence if he cooperates fully with the government.

This deal mirrors one the government made seven months ago with Downs, who pleaded guilty to collecting Buncich's campaign contributions on public time. Downs also agreed to cooperate with federal prosecutors in return for a lenient sentence.

07282017 - News Article - UPDATE: Plea agreement details alleged deals between Lake County Sheriff Buncich and towing companies

UPDATE: Plea agreement details alleged deals between Lake County Sheriff Buncich and towing companies
NWI Times
Jul 28, 2017
http://www.nwitimes.com/news/local/crime-and-courts/update-plea-agreement-details-alleged-deals-between-lake-county-sheriff/article_b69342f4-252d-5cfe-9605-9418280a7d30.html

HAMMOND — A Lake Station tow truck owner has agreed to plead guilty to federal wire fraud and bribery charges and to testify against Lake County Sheriff John Buncich.

The plea agreement filed early Friday could make a star government witness of William Szarmach, of Hobart, who owned and operated CSA Towing, on the 2500 block of DeKalb Street, Lake Station, since 2008.

Szarmach is scheduled to appear Monday afternoon before Magistrate Judge John E. Martin to plead guilty to wire fraud, bribery and failing to file a federal income tax return reporting more than $75,000 in taxable income during 2015 on which he owed more than $17,000 in federal taxes.

Szarmach is prepared to tell a jury next month he purchased Buncich's political fund-raising tickets by check and cash between 2009 and 2016 to retain and increase his business of towing vehicles for county police.

Buncich is contesting allegations he was shaking down towing firms for campaign contributions and is set to stand trial beginning Aug. 7 before Senior U.S. District Court Judge James T. Moody.

Buncich's lawyer, Bryan Truitt, has stated in pre-trial court documents the improper activity the government is alleging was confined to Downs, Szarmach and another government witness, Scott Jurgensen, owner of Samson’s Towing of Merrillville.

Truitt has stated, "Sheriff John Buncich maintains he has done nothing wrong. There is little to no direct evidence or a smoking gun," Truitt said in court records.

The U.S. attorney's office has said Jurgensen deserves credit for uncovering public corruption.

Szarmach's towing company was one of several the sheriff approved to tow vehicles from public streets and highways for county police before the Lake County Board of Commissioners took over the towing contract approvals this year.

Plea agreement details alleged deals
Szarmach alleges in his plea agreement he was one of 12 tow companies on the Lake County Sheriff towing list. Buncich had the sole authority at the time to authorize towing firms to remove vehicles from public road ways in the county.

Szarmach, who had owned his towing firm more than eight years, states, "Based on my experience in the towing business in Northwest Indiana, it was my belief that in order to remain on the Lake County tow list, or to increase my towing area, I would have to buy tickets to many, if not all, of Sheriff John Buncich's fundraising events and pay additional cash payments."

He states these purchases were made sometimes directly to the sheriff and at other times through other individuals employed by the county sheriff, including Downs, then chief of county police operations.

Buncich served as sheriff from 1994 to 2002 and was running to return to office in the 2010 election when Szarmach states he started going to Buncich fund-raisers and making contributions to join the so-called "boys club." 

Szarmach's plea agreement states, "I knew that Person X had a better relationship with Buncich than I did. At one of these restaurant meetings, after discussing Buncich with Person X, I gave Person X $500 cash. I then saw Person X hand the cash to Buncich. Buncich shook my hand and said, 'Thank you.' I knew that by giving Buncich this cash, it opened the door to towing for the Sheriff's Department." The court document doesn't identify Person X.

Szarmach states he received his first towing assignment from a county police dispatcher the first day Buncich took office after winning in the fall of 2010. "This was when I knew I was on the Lake County tow list," Szarmach said.

He said Buncich initially promised there would only be five towing firms working with county police, but he later learned he was competing with a dozen towing firms that were on the sheriff's list.

Szarmach states he had several meetings with Buncich at an unidentified restaurant in Cedar Lake and signaled he was prepared to make more payments by telling the sheriff, "I'm here for you."

Szarmach alleges he gave Buncich $1,000 folded up in an envelop during their second Cedar Lake meeting "to grease the wheels." He states that six months later, Buncich gave Szarmach towing assignments associated with the sheriff's Lake County Gang Unit, a group of county police detectives focusing on criminal gang activity.

Szarmach said that he believed he ranked in the middle of the pack of 12 towing firms doing county police business in terms of towing assignments he received from the sheriff, but he wanted more so he began increasing his payments to the sheriff.

Szarmach's plea agreement states, "Sometimes these payments were in cash, other times disguised as campaign check contributions, or sometimes a mix of both cash and checks."

Szarmach recounts giving Downs $500 cash and a $2,000 check in October 2014 payable to the Democratic Party of Lake County. This was four months after Democratic precinct committee members elected Buncich as their party chairman.

Buncich was running for re-election as sheriff in 2014 and raised more than $200,000 from hundreds of contributors, according to county elections board records. Szarmach's agreement states he made other payments in 2015 and 2016.

Szarmach states he began cooperating in 2016 with Scott Jurgensen, owner of Samson’s Towing of Merrillville, and recently identified as a government informant who is referred to in the indictment as "Individual A." He said together thay paid Buncich $6,000 in April 2016. 

"To obtain my portion of this bribe payment, I told Buncich to look inside my new vehicle. Buncich entered my vehicle and retrieved $3,500 from the vehicle's front seat."He states he and Jurgensen were afterwards given sole rights to do the towing county police ordered when enforcing Gary's ordinance violations.

Szarmach alleges he and Jurgensen talked Buncich into eliminate the need for their towing firms to pay the county treasury a $50 fee, earmarked to pay the salaries of some county police officers. They told Buncich this would free up more money to pay him kickbacks.

Szarmach also states he wanted Buncich's help to gain towing business from Indiana University Northwest in Gary. "Buncich told me he would have someone from his office speak to IUN.

"I gave Buncich $1,000 in cash in the parking lot of a restaurant where we were eating. This $1,000 cash payment was for Buncich's help in getting me the IUN towing and for helping me with a union issue in Lake Station."

Initial indictements came down Nov. 18

A federal grand jury indicted Szarmach, Buncich and Timothy Downs, the sheriff's former second-in-command, on Nov. 18, 2016.

Szarmach had, until Friday, been pleading not guilty to bribery and wire fraud counts alleging he paid the sheriff $9,500 between June 2015, and last August to influence the sheriff to give Szarmach more lucrative towing assignments.

Szarmach's lawyer, Daniel Purdom, of Lisle, Illinois, signaled on June 20 that Szarmach and the U.S. attorney's office were trying to conclude a plea agreement in the bribery case. No plea agreement was made public Thursday afternoon.

The agreement indicates Szarmach can win a reduced sentence if he cooperates fully with the government.

This deal mirrors one the government made seven months ago with Downs, who pleaded guilty to collecting Buncich's campaign contributions on public time. Downs also agreed to cooperate with federal prosecutors in return for a lenient sentence.

07282017 - News Article - Lake County tow operator charged alongside sheriff to plead guilty to corruption, tax evasion: documents

Lake County tow operator charged alongside sheriff to plead guilty to corruption, tax evasion: documents

Post-Tribune

July 28, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-szarmach-towing-plea-deal-st-0728-20170728-story.html

A tow truck operator charged alongside Lake County Sheriff John Buncich intends to plead guilty on charges of corruption and tax evasion, according to court documents.

William Szarmach, of C.S.A. Towing, filed documents in court Thursday changing his prior plea of not guilty and admitting his role in an alleged scheme to solicit bribes —through the form of campaign donations — in order to get more towing jobs from the Lake County Sheriff's Department. Szarmach is also expected to plead guilty to a charge of tax evasion, according to court documents.

"Based upon my experience in the towing business in Northwest Indiana, it was my belief that in order to remain on the Lake County tow list, or to increase my towing area, I would have to buy tickets to many, if not all of Sheriff John Buncich's fundraising events and pay additional cash payments," the plea agreement read.

"To become involved, to increase, or to retain my Lake County towing, beginning in 2009 and continuing through 2016, I regularly purchased tickets to Sheriff John Buncich's fundraising events by cash and check," the agreement read. "These purchases were sometimes directly with the sheriff himself, and other times, through other individuals employed by the Lake County sheriff's office, including the chief of police and co-defendant, Timothy Downs."

Buncich, former Chief of Police Timothy Downs and Szarmach were named in a multicount indictment in November 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's Boosters, according to court records.

Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents.

Buncich and Szarmach pleaded not guilty to the charges after the indictments were filed in November and again in April when additional counts of wire fraud were filed with the court.

The purchases were made to reportedly get promises from the sheriff, including securing Szarmach's spot on the towing list, enlarging his heavy and light towing, getting Gary ordinance towing done by the Lake County Sheriff's Department, and getting help from the sheriff to get towing at Indiana University Northwest, according to court documents.

"To increase my Lake County towing, I simply paid more money for more towing," Szarmach said, in the plea agreement. "Sometimes these payments were in cash, other times, disguised as campaign check contributions, or sometimes a mix of both cash and checks."

In April, Buncich issued a public statement affirming his innocence.

"For those who know me and my 45 years in law enforcement, you know that I would never compromise my integrity or professionalism and cannot be guilty of these charges; trust that I would never sell my office — not for any amount. I assure you that I am absolutely innocent," Buncich wrote.

The plea deals filed by Szarmach and Downs are both contingent on their cooperation and that they provide testimony during the sheriff's August trial, according to court documents.

Szarmach pleaded guilty to charges of wire fraud, bribery and tax evasion, according to court documents. The wire fraud and bribery charges each carry a maximum sentence of up to 20 years in prison and a $250,000 fine, according to the plea agreement, and the failure to file tax returns has a maximum of one year incarceration and a fine not to exceed $100,000.

As a part of the deal, Szarmach agreed to pay $89,448 in restitution for the tax charge.

07282017 - News Article - 2nd co-defendant agrees to testify against Indiana sheriff

2nd co-defendant agrees to testify against Indiana sheriff

NWI Times

Jul 28, 2017

nwitimes.com/news/state-and-regional/indiana/nd-co-defendant-agrees-to-testify-against-indiana-sheriff/article_6a61ac28-0a0d-5ea5-8fb5-7953b47f3a3a.html

HAMMOND, Ind. (AP) — A second person indicted in an alleged bribery scheme will plead guilty and testify for federal prosecutors against a northwestern Indiana sheriff, who also was indicted, according to court documents filed Friday.

Tow truck operator William Szarmach of C.S.A. Towing in Lake Station says in a plea agreement filed in federal court that he bought tickets to Lake County Sheriff John Buncich's fundraising events and made additional cash payments to Buncich between 2009 and 2016 to maintain and increase his business of towing vehicles for county police.

The agreement with Szarmach is similar to one made in December with former chief of police Timothy Downs, who pleaded guilty to collecting Buncich's campaign contributions on public time. Downs agreed to cooperate with prosecutors in return for a lenient sentence. He resigned from the sheriff's office.

Szarmach's towing company was one of several that the sheriff approved to tow vehicles from public streets and highways for county police before the Lake County Board of Commissioners took over approval of towing contract approvals.

Szarmach agreed to plead guilty to federal wire fraud and bribery charges and failing to file a federal income tax return for 2015. The agreement states Szarmach can get a reduced sentence if he cooperates fully with the government.

"To become involved, to increase, or to retain my Lake County towing, beginning in 2009 and continuing through 2016, I regularly purchased tickets to Sheriff John Buncich's fundraising events by cash and check," Szarmach says in the plea agreement. " These purchases were sometimes directly with the sheriff himself, and other times, through other individuals employed by the Lake County sheriff's office, including the chief of police and co-defendant, Timothy Downs," the plea agreement states.

Buncich's lawyer, Bryan Truitt, said in an email to The Associated Press that the sheriff did not commit bribery.

"The Sheriff never encouraged or promised anything in exchange for his support," Truitt said of Szarmach. "The Sheriff appreciated his, and many others, support. But there were never any strings attached. Nothing was ever demanded of nor promised by the Sheriff."

Buncich is scheduled to stand trial beginning Aug. 7.

07282017 - News Article - Plea: Lake tow operator bought tickets, made cash payments to sheriff

Plea: Lake tow operator bought tickets, made cash payments to sheriff

Post-Tribune

July 28, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-szarmach-towing-plea-deal-st-0728-20170728-story.html

A tow truck operator charged alongside Lake County Sheriff John Buncich intends to plead guilty on charges of corruption and tax evasion, according to court documents.

William Szarmach, of C.S.A. Towing, filed documents in court Thursday changing his prior plea of not guilty and admitting his role in an alleged scheme to solicit bribes —through the form of campaign donations — in order to get more towing jobs from the Lake County Sheriff's Department. Szarmach is also expected to plead guilty to a charge of tax evasion, according to court documents.

"Based upon my experience in the towing business in Northwest Indiana, it was my belief that in order to remain on the Lake County tow list, or to increase my towing area, I would have to buy tickets to many, if not all of Sheriff John Buncich's fundraising events and pay additional cash payments," the plea agreement read.

"To become involved, to increase, or to retain my Lake County towing, beginning in 2009 and continuing through 2016, I regularly purchased tickets to Sheriff John Buncich's fundraising events by cash and check," the agreement read. "These purchases were sometimes directly with the sheriff himself, and other times, through other individuals employed by the Lake County sheriff's office, including the chief of police and co-defendant, Timothy Downs."

Buncich, former Chief of Police Timothy Downs and Szarmach were named in a multicount indictment in November 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's Boosters, according to court records.

Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents.

Buncich and Szarmach pleaded not guilty to the charges after the indictments were filed in November and again in April when additional counts of wire fraud were filed with the court.

The purchases were made to reportedly get promises from the sheriff, including securing Szarmach's spot on the towing list, enlarging his heavy and light towing, getting Gary ordinance towing done by the Lake County Sheriff's Department, and getting help from the sheriff to get towing at Indiana University Northwest, according to court documents.

"To increase my Lake County towing, I simply paid more money for more towing," Szarmach said, in the plea agreement. "Sometimes these payments were in cash, other times, disguised as campaign check contributions, or sometimes a mix of both cash and checks."

In April, Buncich issued a public statement affirming his innocence.

"For those who know me and my 45 years in law enforcement, you know that I would never compromise my integrity or professionalism and cannot be guilty of these charges; trust that I would never sell my office — not for any amount. I assure you that I am absolutely innocent," Buncich wrote.

The plea deals filed by Szarmach and Downs are both contingent on their cooperation and that they provide testimony during the sheriff's August trial, according to court documents.

Szarmach pleaded guilty to charges of wire fraud, bribery and tax evasion, according to court documents. The wire fraud and bribery charges each carry a maximum sentence of up to 20 years in prison and a $250,000 fine, according to the plea agreement, and the failure to file tax returns has a maximum of one year incarceration and a fine not to exceed $100,000.

As a part of the deal, Szarmach agreed to pay $89,448 in restitution for the tax charge.

07272017 - News Article - Judge sets limits for evidence, testimony during Sheriff Buncich's public corruption trial

Judge sets limits for evidence, testimony during Sheriff Buncich's public corruption trial

Post-Tribune

July 27, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-trial-judge-limitations-st-0728-20170727-story.html

A federal judge Thursday set limits on what evidence and testimony defense attorneys for Lake County Sheriff John Buncich can enter during his August public corruption trial.

Judge James Moody filed an order places limits on the how defense attorneys can discuss the sheriff's good acts outside the facts claimed in the indictment, arguments of selective prosecution, discussing criminal penalties for cooperating witnesses and allowing Buncich to only have three character witnesses testify, according to court documents.

Moody spent much of his order discussing how the defense could talk about the sheriff's good acts during the trial. The judge said the case involved an alleged bribery scheme involving tow truck operators and non-corrupt interactions with tow operators could be relevant.

"However, the indictment is limited to a scheme involving towing operators, and defendant's interactions with other vendors are irrelevant in the sense that they do not counter the government's theory or case," Moody said in the order.

But, Moody ruled that testimony from the warden or medical staff reportedly saying they were not told the engage in political activities are too remote from the scheme alleged by prosecutors, court documents said, and creates a danger of confusing or misleading the jury.

Buncich, former Police Chief Timothy Downs and William Szarmach, of C.S.A. Towing in Lake Station, were named in a multicount indictment in November 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.

Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents.

Buncich and Szarmach pleaded not guilty to the charges after the indictments were filed in November and again in April when additional counts of wire fraud were filed with the court.

Assistant U.S. Attorney Philip Benson filed a motion asking a judge to preclude Buncich's defense team from introducing evidence of the sheriff's lawfulness, non-corrupt conduct or lack of a criminal history; making comments in the jury's presence about the discovery process; and a number of other topics.

Bryan Truitt, one of Buncich's defense attorneys, filed a motion in opposition to prosecutors' request, and that the sheriff maintains he did nothing wrong and direct supervision over the towing program fell to Downs. Truitt said, in court filings, that testimony about the sheriff's job duties and character is needed to refute allegations of corruption.

"It befuddles the defense that the government seeks to restrict or limit the jury evaluating this case on less than all the facts or without a full perspective and context," Truitt added. "That a body supposedly interested in the pursuit of justice (the government) would seek to restrict the jury's consideration of all facts and circumstances surrounding the conduct of a defendant, is inexplicable. The jury does not leave their common sense at the courtroom door."

Moody said, in court documents, that rules of evidence allow opportunities to enter evidence on character when it is related to the charges.

"It is beyond question that character is not an essential element of any crime charged in the case, and the arguments of defense counsel on this point border on unprofessional," Moody wrote.

07272017 - News Article - Lake Station tow truck owner implicated in a bribery scandal faces a new charge of failing to pay federal taxes

Lake Station tow truck owner implicated in a bribery scandal faces a new charge of failing to pay federal taxes

NWI Times

July 27, 2017

nwitimes.com/news/local/crime-and-courts/lake-station-tow-truck-owner-implicated-in-a-bribery-scandal/article_7795807d-7b3e-5431-b234-1822b2737368.html

HAMMOND — The U.S. attorney's office has filed a new felony charge against a Lake Station tow truck owner implicated in the federal bribery case against Lake County Sheriff John Buncich.

The government names William Szarmach, of Hobart, in information it filed late Thursday afternoon in U.S. District Court here.

It alleges Szarmach, who owns and operates CSA Towing, on the 2500 block of DeKalb Street, Lake Station, failed to file a federal income tax return reporting he received more than $75,000 in taxable income during 2015 and owed more than $17,000 in federal taxes.

Szarmach's towing company was one of more than 10 the sheriff approved to tow vehicles from public streets and highways for county police before the Lake County Board of Commissioners took over the towing contract approvals this year.

A federal grand jury indicted Szarmach, Buncich and Timothy Downs, the sheriff's former second-in-command, on Nov. 18, 2016.

Szarmach has been pleading not guilty to bribery and wire fraud counts alleging he paid the sheriff $9,500 between June 2015 and last August to influence the sheriff into giving Szarmach more lucrative towing assignments.

Szarmach's lawyer, Daniel Purdom of Lisle, Illinois, signaled on June 20 that Szarmach and the U.S. attorney's office were trying to conclude a plea agreement in the bribery case. No plea agreement was made public Thursday afternoon.

Seven months earlier, Downs pleaded guilty to collecting Buncich's campaign contributions on public time. He agreed to cooperate with federal prosecutors in return for a lenient sentence.

Buncich is pleading not guilty to allegations he solicited and received campaign contributions from towing firms and is preparing to stand trial beginning Aug. 7 before Senior U.S. District Court Judge James T. Moody.

Buncich's lawyer, Bryan Truitt, earlier stated in pre-trial motions the improper activity was confined to Downs, Szarmach and a government witness, Scott Jurgensen, owner of Samson’s Towing of Merrillville.

Truitt claims they conspired to take over all Lake County towing, while the sheriff was busy overseeing the largest department in Lake County government. "In short, the tow operations were the least of the sheriff's concerns," Truitt said in court documents.

Truitt argues other tow truck drivers are expected to testify they were never pressured to buy political fundraising tickets.

"Sheriff John Buncich maintains he has done nothing wrong. There is little to no direct evidence or a smoking gun," Truitt said in court records.

The U.S. attorney's office has said Jurgensen deserves credit for uncovering public corruption.

07212017 - News Article - Payment of legal fees questioned in Portage

Payment of legal fees questioned in Portage
Chicago Tribune
July 21, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-legal-expenses-st-0723-20170722-story.html

Portage residents and businesses may have to pay nearly $20,000 in legal fees to a Chicago-based law firm Mayor James Snyder and the former utility services board hired during the mayor's battles with the City Council last February, officials said.

Earlier this month, the council, which replaced the seven-member utility services board in early March, declined to pay — for now — a $19,651 bill from Faegre Baker Daniels. The board approved the rest of the claims for June, from office toilet paper to field uniforms, as long as the law firm's tab was removed.

According to a detailed invoice from Faegre Baker Daniels, the $19,651 bill is based on multiple attorneys working 41.5 hours between Feb. 5 and Feb. 23, for an average rate of about $473.50 an hour. The invoice provided to the Post-Tribune does not include detailed descriptions of the work provided.

In early February, Faegre Baker Daniels wrote a two-page letter to the council claiming the council's attempts to stop paying Snyder's salary as head of the utility services board was illegal. In late February and early March, the council backed down from ordinances stripping Snyder of his pay, but the council then replaced the sitting board with city council members.

Balking at making the payment, however, doesn't mean residents and businesses who pay for sewage service won't have to pay up at some time, council members and attorney Ken Elwood said.

"I'm going to indicate when you engage the services of an attorney, you don't necessarily have control over the cost and where they go with it," Elwood said Friday. "It's a moving target. It can get expensive if the person who hired them is not managing (the expenses)."

Elwood represents both the council and the utility services board in the city.

The former board, under direction from Snyder and made mostly of his appointments, voted on Feb. 8 to hire Faegre Baker Daniels to stop the council from stripping Snyder of his $30,000 salary, but the law firm's invoice indicates the firm began work on the case Feb. 5.

The $19,651 in fees riled some council members.

"I don't think the (former) board should've hired a law firm to go out and investigate this for them," said Councilman Collin Czilli. "They had an attorney they were paying that could've done the work.

"I don't think we should (pay), but, if we're ordered to pay (Faegre Baker Daniels' legal fees) by a court of if legal counsel advises it, then we may have to pay for it."

Council President Mark Oprisko said the former board's hiring of the Chicago law firm as "unfortunate," but Oprisko said he's inclined to fight at least part of the firm's expenses.

"I personally feel that anything prior to Feb 8, before there was action taken by the former board to vote on hiring (Faegre Baker Daniels) shouldn't be paid," Oprisko said. "Anything prior to the eighth (of February) probably is not going to get paid by the USB."

Elwood and Oprisko said Snyder told them he will ask Faegre Baker Daniels to lower the bill, but Snyder did not return calls seeking comment.

The mayor may have had the legal right to hire the law firm and ask the former board to ratify it, but the situation is "complicated," Elwood said.

"The mayor, as president of the utility services board, could engage the services of an attorney and have it later ratified by the utility services board," Elwood said. "It could be interpreted as legal, (Snyder) engaging the (Faegre Baker Daniels) services on the fifth (of February) and having it ratified on the eighth (of February), but, if all you got from it was a two-page letter, that's a pretty extreme bill."

07212017 - Portage Mayor James Snyder trying to scam the city of Portage for attorney fees - AGAIN?

Are you frickin kidding me??!! Federally indicted Portage Mayor James Snyder is once again trying to get the city to pay his attorney fees? Sounds like a repeat of his September 2016 scam, when Snyder had the Utility Board issue over $90,000 in checks to the attorneys who represented him during the FBI investigation.






Payment of legal fees questioned in Portage
Chicago Tribune
July 21, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-legal-expenses-st-0723-20170722-story.html

Portage residents and businesses may have to pay nearly $20,000 in legal fees to a Chicago-based law firm Mayor James Snyder and the former utility services board hired during the mayor's battles with the City Council last February, officials said.

Earlier this month, the council, which replaced the seven-member utility services board in early March, declined to pay — for now — a $19,651 bill from Faegre Baker Daniels. The board approved the rest of the claims for June, from office toilet paper to field uniforms, as long as the law firm's tab was removed.

According to a detailed invoice from Faegre Baker Daniels, the $19,651 bill is based on multiple attorneys working 41.5 hours between Feb. 5 and Feb. 23, for an average rate of about $473.50 an hour. The invoice provided to the Post-Tribune does not include detailed descriptions of the work provided.

In early February, Faegre Baker Daniels wrote a two-page letter to the council claiming the council's attempts to stop paying Snyder's salary as head of the utility services board was illegal. In late February and early March, the council backed down from ordinances stripping Snyder of his pay, but the council then replaced the sitting board with city council members.

Balking at making the payment, however, doesn't mean residents and businesses who pay for sewage service won't have to pay up at some time, council members and attorney Ken Elwood said.

"I'm going to indicate when you engage the services of an attorney, you don't necessarily have control over the cost and where they go with it," Elwood said Friday. "It's a moving target. It can get expensive if the person who hired them is not managing (the expenses)."

Elwood represents both the council and the utility services board in the city.

The former board, under direction from Snyder and made mostly of his appointments, voted on Feb. 8 to hire Faegre Baker Daniels to stop the council from stripping Snyder of his $30,000 salary, but the law firm's invoice indicates the firm began work on the case Feb. 5.

The $19,651 in fees riled some council members.

"I don't think the (former) board should've hired a law firm to go out and investigate this for them," said Councilman Collin Czilli. "They had an attorney they were paying that could've done the work.

"I don't think we should (pay), but, if we're ordered to pay (Faegre Baker Daniels' legal fees) by a court of if legal counsel advises it, then we may have to pay for it."

Council President Mark Oprisko said the former board's hiring of the Chicago law firm as "unfortunate," but Oprisko said he's inclined to fight at least part of the firm's expenses.

"I personally feel that anything prior to Feb 8, before there was action taken by the former board to vote on hiring (Faegre Baker Daniels) shouldn't be paid," Oprisko said. "Anything prior to the eighth (of February) probably is not going to get paid by the USB."

Elwood and Oprisko said Snyder told them he will ask Faegre Baker Daniels to lower the bill, but Snyder did not return calls seeking comment.

The mayor may have had the legal right to hire the law firm and ask the former board to ratify it, but the situation is "complicated," Elwood said.

"The mayor, as president of the utility services board, could engage the services of an attorney and have it later ratified by the utility services board," Elwood said. "It could be interpreted as legal, (Snyder) engaging the (Faegre Baker Daniels) services on the fifth (of February) and having it ratified on the eighth (of February), but, if all you got from it was a two-page letter, that's a pretty extreme bill."

07212017 - News Article - Court records: Lake County sheriff Buncich trial could take 'up to four weeks'

Court records: Lake County sheriff Buncich trial could take 'up to four weeks'

NWI Times

Jul 21, 2017 

nwitimes.com/news/local/govt-and-politics/court-records-lake-county-sheriff-buncich-trial-could-take-up/article_7a45cd33-a07f-5c49-a121-ca6b6423637f.html

HAMMOND — Lake County Sheriff John Buncich is set to go to trial Aug. 7.

Buncich faces six counts of wire fraud and bribery alleging he corruptly used his authority over towing contracts to enrich himself by soliciting and accepting $34,500 in cash and campaign contributions.

Buncich is pleading not guilty.

During a pre-trial conference, counsel for both parties sought four additional juror alternates, noting the trial could take "up to four weeks," according to documents filed Friday. 

Court records note that both parties are "cooperating well in exchanging information for trial."

William Szarmach, who operated CSA Towing in Lake Station, is accused in a single bribery count of paying $9,500 to Buncich in 2015 and last year.

Timothy Downs, who served as second-in-command to Buncich, already has pleaded guilty to federal allegations he collected towing firm kickbacks and is prepared to testify he did it under Buncich's orders.

Buncich's trial is set for 8 a.m. Aug. 7 before Senior Judge James T. Moody. 

07202017 - News Article - Conflict will have to be resolved as new U.S. Atty Kirsch moves from defense to prosecution

Conflict will have to be resolved as new U.S. Atty Kirsch moves from defense to prosecution
NWI Times
Jul 20, 2017
http://www.nwitimes.com/news/local/crime-and-courts/conflict-will-have-to-be-resolved-as-new-u-s/article_3628a3e7-4ee5-5df3-aa20-be04029683f0.html

HAMMOND — Thomas Lee Kirsch II's latest career move could require some shuffling by clients and the federal prosecution of Portage's mayor.

The White House announced last week it is nominating Kirsch to replace interim U.S. Attorney Clifford Johnson.

Jay Kenworthy, a spokesman for U.S. Sen. Todd Young, R-Ind., said Monday confirmation hearings may not be scheduled for some months. Kirsch, a Republican sponsored by Young, is expected to win approval from the Republican-controlled U.S. Senate.

Once confirmed, Kirsch would direct the prosecution of hundreds of criminal cases in the U.S. District Courts in Hammond, South Bend, Fort Wayne and Lafayette.

Except one, according to legal experts knowledgeable in state and federal ethics standards.

Portage Mayor James Snyder hired Kirsch last year to stand by his side during a Nov. 18 arraignment to answer federal charges of bribery, solicitation of bribery and providing false information to the Internal Revenue Service to conceal income and assets to repay a tax debt.

Snyder, who has pleaded not guilty, has included Kirsch on his defense team since then. Federal prosecutors in Hammond, soon expecting to be under Kirsch's supervision, are preparing evidence against Snyder, whose trial is set to begin in January.

The U.S. Department of Justice spokesman declined to comment.

The Standards of Conduct page of the DOJ's Offices of the U.S. Attorneys' website states that on entering the department for duty, attorneys must, in general, withdraw from all cases they are currently handling and avoid an appearance of biased or less-than-impartial conduct.

"Clearly, he cannot prosecute his former client," Donald Lundberg said this week. Lundberg is an Indianapolis lawyer and a former Indiana Supreme Court investigator of lawyer ethics. He also specializes in helping set standards of ethics and professional responsibility for the American Bar Association.

"The question then becomes whether his conflict of interest can be imputed to his entire (U.S. attorney's) office," Lundberg said. "If it is, then the entire office is disqualified."

Lundberg said he believes the DOJ has guidelines governing potential conflicts and when a U.S. attorney must be recused from a case. "I can guarantee you this is not the first time this has arisen," Lundberg said.

He said Indiana state prosecutors commonly recuse themselves from cases in which they have conflicts of interest with the defendant, requiring the appointment of a special prosecutor, often from a different county.

Lundberg said an Indiana attorney is generally prohibited from using the secrets learned from a former client to later put that client in jeopardy.

"General conflict-of-interest principles come into play. A lawyer can never be adverse to a former client in the same or substantially related matter," he said.

Neither Kirsch nor Snyder could be reached for comment.

Kenworthy, of Young's office, said U.S. attorney nominees routinely are asked to report any potential conflicts to the U.S. Office of Government Ethics. A spokesperson for that office declined comment

"The Department of Justice could take this prosecution outside the (Northern Indiana) district altogether and essentially recuse the entire (Hammond) office because of Tom's position there," said Larry Mackey, an Indianapolis attorney and former federal prosecutor for 19 years in Illinois and downstate Indiana.

"The prosecution could then fall to a public corruption section (of lawyers) in Justice Main in Washington, D.C., that handle cases all around the country.

"Another alternative is for a prosecutor from another district, from Chicago, for example, to be appointed for purposes of that prosecution. The direction, decision making and strategy would be done by somebody other than Tom," Mackey said.

"A third option would be to keep the leadership of the prosecution inside the Northern Indiana District's office and simply wall off their decision making in the case from (Kirsch)."

07192017 - News Article - Lake County sheriff's lawyer says there is no smoking gun in federal bribery scandal. He blames corrupt chief deputy

Lake County sheriff's lawyer says there is no smoking gun in federal bribery scandal. He blames corrupt chief deputy

NWI Times

July 19, 2017

nwitimes.com/news/local/govt-and-politics/lake-county-sheriff-s-lawyer-says-there-is-no-smoking/article_63e2daab-e459-5e7c-a700-e0572c95f3b3.html

HAMMOND — Lake County Sheriff John Buncich's lawyer argues his client was so busy being a honest public servant, he didn't know a corrupt deputy and two tow truck drivers were conspiring against him.

Buncich is awaiting trial Aug. 7 in U.S. District Court on federal charges he solicited and accepted more than $30,000 in illicit payments from towing firms wanting to remove vehicles from public roads for county police. Buncich is pleading not guilty.

Defense attorney Bryan M. Truitt filed a pre-trial document this week declaring, "Sheriff John Buncich maintains he has done nothing wrong. There is little to no direct evidence or a smoking gun."

Truitt said he is unsure what evidence will be presented at trial, which could last two weeks, because "additional witnesses and evidence are being uncovered every day."

Truitt argues the county sheriff has "amazing responsibilities" which include overseeing a county jail with 750 inmates, amid a federal mandate to provide proper health care and other services after several inmates sued the jail under his predecessor, and managing a budget that exceeds $30 million annually.

"The sheriff had so much on his plate between budgetary matters and fixing the jail, due to his predecessor's failings, that tow operations were the least of his concerns," Truitt said. "He, erroneously as it turns out, trusted his deputies to act honestly and competently."

Truitt said Buncich delegated the supervision of towing to Timothy Downs, then the sheriff's police chief and second-in-command.

Downs was charged along with Buncich last November and soon disclosed he was already cooperating with government prosecutors. He has pleaded guilty and will testify he did political fundraising among the tow-truck owners under Buncich's orders.

But Truitt argues Downs conspired with two towing firms, now or soon to be cooperating with the government, to take over Lake County's towing.

Truitt claims government witness Scott Jurgensen, owner of Samson’s Towing of Merrillville, "attempted to corrupt numerous municipal and public officials and was paid $130,000 by the government to attempt to get people to accept bribes."

The U.S. Attorney's office has said Jurgensen deserves credit for uncovering public corruption.

Truitt states, "There simply was no 'pay for play' system in place within the Lake County Sheriff's Department."

Truitt argues other tow truck drivers are expected to testify they were never pressured to buy political fundraising tickets.

Truitt is asking U.S. District Court Judge James T. Moody to reject federal prosecutors' efforts to limit the defense from giving evidence that Buncich has been an honest public servant. The judge has yet to rule on the request.

07182017 - News Article - Buncich attorney: Towing 'least of the sheriff's concerns'

Buncich attorney: Towing 'least of the sheriff's concerns'

Post-Tribune

July 18, 2017

chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-defense-response-st-0715-20170718-story.html

Attorneys for Lake County Sheriff John Buncich say that federal prosecutors' request to bar certain types of testimony could prohibit them from showing the sheriff's innocence, according to a document filed with the court.

Bryan Truitt, one of Buncich's defense attorneys, filed a motion Tuesday opposing prosecutors' request, arguing that the sheriff maintains he did nothing wrong and direct supervision over the towing program fell to former Chief Timothy Downs, who pleaded guilty in December to public corruption charges. Truitt said testimony about the sheriff's job duties and character is needed to refute allegations of corruption made by prosecutors.

"Sheriff John Buncich maintains that he has done nothing wrong. He believes that the evidence, both direct and circumstantial, will establish that contention," Truitt wrote. "He merely seeks the ability to present relevant evidence to establish his innocence."

Buncich, Downs and William Szarmach, of C.S.A. Towing in Lake Station, were named in a multicount indictment in November 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.

"It befuddles the defense that the government seeks to restrict or limit the jury evaluating this case on less than all the facts or without a full perspective and context," Truitt added. "That a body supposedly interested in the pursuit of justice (the government) would seek to restrict the jury's consideration of all facts and circumstances surrounding the conduct of a defendant, is inexplicable. The jury does not leave their common sense at the courtroom door."

The U.S. Attorney's Office does not comment on pending cases.

Judge James Moody will now have to rule on prosecutors' motion to exclude the material from the trail, though Truitt has asked the judge to hold a hearing on the matter.

Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents.

Buncich and Szarmach pleaded not guilty to the charges after the indictments were filed in November and again in April when additional counts of wire fraud were filed with the court.

Assistant U.S. Attorney Philip Benson filed a motion asking a judge to preclude Buncich's defense team from introducing evidence of the sheriff's lawfulness, non-corrupt conduct or lack of a criminal history; making comments in the jury's presence about the discovery process; and a number of other topics.

Truitt said the effort to exclude the testimony and evidence ought to be taken in context with the substance of the defense's facts.

Buncich oversees a large operation at the Lake County Sheriff's Department, according to court documents, including jail operations, police personnel, the animal shelter, investigations, coordinating efforts between other law enforcement agencies and public relations. Truitt said Buncich left operations of the towing program to his deputies.

"In short, the tow operations were the least of the sheriff's concerns," Truitt wrote in his motion.

Downs pleaded to 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.

In court documents, 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, during a hearing on the plea agreement in December.

Truitt said the indictment only cites incidents involving Szarmach and Individual A, according to court documents, but does not mention 10 other tow operations the defense has interviewed.

Those other tow operators are anticipated to testify that it was never stated or implied that they must contribute to the sheriff's campaign for tow operations or geographic territory, Truitt said, in court documents.

"Buncich's defense, as stated throughout this response, is that he did absolutely nothing wrong," Truitt wrote. "That he accepted legitimate campaign donations but not in exchange for any official action. That he never directed Downs to do anything improper. That he never took any official action whatsoever, or threatened to do so should a tow company fail to perform in any particular way."

Truitt said the court has discretion to decide whether it's appropriate to introduce evidence and testimony, according to court documents.

"Those that are discretionary the court needs to look at relevance and possible overwhelming prejudice to the government," Truitt wrote.