01152018 - News Article - Former Sheriff John Buncich is to learn his fate Tuesday at federal sentencing

Former Sheriff John Buncich is to learn his fate Tuesday at federal sentencing
NWI Times
January 15, 2018
http://www.nwitimes.com/news/local/crime-and-courts/former-sheriff-john-buncich-is-to-learn-his-fate-tuesday/article_6111e260-fa6e-5012-a6bc-774f5d0e789d.html

CROWN POINT — A federal judge with a history of being tough on corrupt politicians will sentence former Sheriff John Buncich on Tuesday.

U.S. District Court Judge James Moody will imprison the county's former top cop for soliciting and receiving bribes from towing firms competing for county police business.

The question before Moody is for how long.

Court papers indicate the court's probation office is recommending a term of between 151 months and 188 months.

U.S. Attorney Thomas Kirsch II is arguing for a sentence as long as 235 months, and Buncich's defense lawyers, Bryant M. Truitt and Larry Rogers, are pleading for no more than 60 months.

Moody has sentenced a number of officials to prison including: former East Chicago Mayor George Pabey, former Lake Station Mayor Keith Soderquist, former County Clerk and Coroner Thomas Philpot and Michael Mokol, a former top-ranking county police officer the judge sent away for 20 years in 1990 for accepting bribes to protect illegal gambling establishments.

Buncich, elected sheriff in 1994, 1998, 2010 and 2014, and named chairman of the Lake County's Democratic Party in 2014, has spent much of his public career campaign fundraising. He testified last summer it cost $200,000 to run for sheriff. Testimony at his trial indicated he had loaned $80,000 in personal funds to his re-election efforts, and he wanted that money back.

Kirsch argues this is why Buncich pushed fundraising demands on the department's towing firms.

Timothy Downs, Buncich's former second-in-command, pleaded guilty to selling Buncich's fundraising tickets on public time, and William Szarmach, a Lake Station towing firm owner and longtime Buncich associate, pleaded guilty to paying bribes.

Testimony during the 14-day trial in August to a U.S. District Court jury established that Szarmach and undercover government informant Scott Jurgensen, owner of Samson's Towing of Merrillville, paid Buncich tens of thousands between 2014 and 2016.

Federal prosecutors argued successfully the payments from Szarmach and Jurgensen amounted to bribes, because they were made on condition Buncich provide them the choicest towing districts, and that Buncich delivered.

The investigation of Buncich began with the frustration of Jurgensen, who started his towing business almost a decade ago, but couldn't get a towing contract in the town of Merrillville despite being a retired 22-year veteran of the Merrillville Police Department.

Kirsch states Jurgensen met with the FBI in 2012 to discuss ongoing corrupt practices "in numerous Lake County municipalities."

The FBI investigation later moved to the Lake County Sheriff's Department where Jurgensen got a towing contract through his friendship with Downs. A federal grand jury indicted Buncich, Downs and Szarmach in November 2016.

Downs and Szarmach admitted their guilt in the scheme, while Buncich chose to go to trial where federal prosecutors presented FBI video of:

* Downs delivering $7,500 July 15, 2015, to Buncich in the sheriff's office.

* An FBI video surveillance recording of Buncich leaning into Szarmach's tow truck and Jurgensen giving Buncich $2,500 on 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.

* FBI surveillance photographs of a meeting Sept. 2 between Jurgensen and Buncich in which Jurgensen gives the sheriff $7,500.

Buncich's lawyers argue he "resolutely maintains his innocence" and "on the whole, the citizens of Lake County are far better off because of John Buncich, regardless of how one views his conduct herein."

They argue county and municipal police have legitimate reasons for having vehicles towed, and Buncich had a legitimate right to solicit campaign contributions. "Buncich is simply guilty of what every politician is guilty of," they said. The defense lawyers argue the towing contributors got nothing from Buncich in return.

They acknowledge Buncich's campaign finance reports failed to reflect many of the payments in question, but it wasn't done with criminal intent. They indicate they will appeal the conviction.