Wednesday, May 30, 2018

05302018 - News Article - US attorney testifies about indicted Portage mayor's emails



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.

05302018 - News Article - U.S. Attorney Kirsch testifies behind closed doors during Portage mayor's hearing in public corruption trial



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.

05302018 - News Article - UPDATE: After open testimony about review process, judge shuts doors for afternoon during hearing on James Snyder email claim



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.

Thursday, May 24, 2018

05242018 - News Article - Portage mayor back in federal court as a judge reviews whether prosecutors accessed privileged communication



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.

05242018 - News Article - UPDATE: After open testimony about review process, judge shuts doors for afternoon during hearing on James Snyder email claim



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.

05242018 - News Article - Judge hears testimony on issues over emails in Portage mayor's corruption case



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.

05242018 - News Article - FBI agent testifies about emails in hearing on Mayor Snyder's public corruption case



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.

Monday, May 21, 2018

05212018 - News Article - Dan Murchek pleads guilty to accepting an illegal campaign contribution associated with the ex-sheriff's bribery scandal



Dan Murchek pleads guilty to accepting an illegal campaign contribution associated with the ex-sheriff's bribery scandal
NWI Times
May 21, 2018
http://www.nwitimes.com/news/local/crime-and-courts/dan-murchek-pleads-guilty-to-accepting-an-illegal-campaign-contribution/article_5f686f81-50a3-5a93-b7d6-8183b513b229.html

CROWN POINT — A former high-ranking Lake County police administrator pleaded guilty Monday to lying to the FBI about receiving illegal campaign contributions as part of a towing bribery scandal.

Daniel Murchek, a 24-year veteran of the Lake County police force, admitted to U.S. District Court Magistrate Judge John E. Martin he accepted a $500 check to fund his former campaign for Lake County sheriff knowing the money came from someone other than the person whose name was on the check.

Murchek said FBI agents questioned him several weeks later about whether he knew that contribution was questionable, and he falsely denied it was questionable.

His admission was part of a plea agreement Murchek made to avoid a trial on the charge and win the U.S. attorney's recommendation that Murchek receive the minimum sentence under federal guidelines and a fine of only $3,500.

Assistant U.S. Attorney Philip Benson advised Murchek and the court that Murchek was pleading guilty to a felony, which likely would disqualify him from holding a future position with any labor organization.

Murchek has been president of the Northern Indiana Area Labor Federation and the Lake County Police Association Local 72.

Paul Stracci, one of Murchek's lawyers, issued a statement after the hearing:“Today marks a day of loss."

"Dan Murchek has served our community for nearly 35 years and has received numerous commendations throughout the course of his career. He has not only saved lives but has also given his time to many local labor unions and philanthropic organizations.

"Danny’s contributions to our community cannot be overstated. He’s impacted countless lives, and I am sure Danny will continue to work to improve the lives of all Lake County residents," Stracci said.

A police veteran falls to the bribery scandal
Murchek rose in the ranks of county police to third-in-command as deputy chief of the Lake County Sheriff's Department between 2011 and last fall under former Sheriff John Buncich.

A federal grand jury indicted Murchek last month on allegations Murchek began soliciting campaign financial support in fall 2015 from Willie Szarmach, owner of CSA Towing in Lake Station, and Scott Jurgensen, owner of Samson’s Towing in Merrillville.

Unknown to Murchek or Szarmach, Jurgensen was recording their conversations. He was an undercover informant who had been helping the FBI uncover bribery among towing firms doing business with area police and politicians since 2013.

The indictment alleges Murchek again met with the two towing owners in June 2016 to explain how they could disguise campaign contributions to him in the name of other people to avoid the maximum limit for business corporations, a practice the FBI calls a structured donation.

On Sept. 23, 2016, Jurgensen gave Murchek a $1,000 contribution in the name of the towing business and a $500 check illegally structured to look like a separate contribution from one of his towing employees. Jurgensen told Murchek he was the source of the money for both checks.

Four days after the FBI raided former Sheriff John Buncich's home and office Nov. 10, 2016, for evidence of illegal contributions from towing firms, FBI agents questioned Murchek about whether he received a structured contribution from Jurgensen.

Murchek said he didn't, but now admits his denial was a lie.

The federal investigation into the Lake County Sheriff's Department has swept up a number of local government figures, including in neighboring Porter County, and is expected to claim more in the near future. Rumors abounded Thursday that other figures under Buncich's administration and municipal officials who controlled towing would be next.

Timothy Downs, who was second-in-command under Buncich, pleaded guilty Dec. 16, 2016, to cheating the public of honest government services by using his authority within the department to do political fundraising for Buncich while he was on duty and using his publicly provided police car.

Downs is still awaiting sentencing.

Portage Mayor James E. Snyder and John Cortina, owner of a Portage towing firm, are now set to stand trial June 4 in U.S. District Court — Snyder for allegedly soliciting and receiving $12,000 in exchange for a Portage towing contract, and Cortina for allegedly offering the money. They are pleading not guilty.

Tom Goralczyk, a former Merrillville town councilman, pleaded guilty in January to accepting bribes — a 2000 Jeep Grand Cherokee and a 2008 Ford Focus — in return for promises of a lucrative contract to Jurgensen, the undercover FBI informant. Goralczyk is awaiting sentencing June 5.

A U.S. District Court jury last August found Buncich guilty of soliciting and accepting campaign contributions from Szarmach and Jurgensen in return for giving them more lucrative towing work.

Buncich is serving a 188-month prison term, currently at a federal secure medical facility in Springfield, Missouri.

Tuesday, May 15, 2018

05152018 - News Article - Portage Mayor James Snyder's trial reset for Oct. 9



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.

Friday, May 11, 2018

05112018 - News Article - Portage mayor's public corruption trial push back to undetermined 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.

Thursday, May 10, 2018

05102018 - News Article - Hearing on Portage mayor's email status held in closed federal court



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.

05102018 - News Article - Judge hears arguments on dismissing corruption case against Portage mayor



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.

05102018 - Officials who plan on testifying on behalf of Portage Mayor James Snyder, need to take note of the Lake County Police Commander Dan Murchek saga





Dan Murchek pleads guilty to accepting an illegal campaign contribution associated with the ex-sheriff's bribery scandal
NWI Times
May 21, 2018
http://www.nwitimes.com/news/local/crime-and-courts/dan-murchek-pleads-guilty-to-accepting-an-illegal-campaign-contribution/article_5f686f81-50a3-5a93-b7d6-8183b513b229.html

CROWN POINT — A former high-ranking Lake County police administrator pleaded guilty Monday to lying to the FBI about receiving illegal campaign contributions as part of a towing bribery scandal.

Daniel Murchek, a 24-year veteran of the Lake County police force, admitted to U.S. District Court Magistrate Judge John E. Martin he accepted a $500 check to fund his former campaign for Lake County sheriff knowing the money came from someone other than the person whose name was on the check.

Murchek said FBI agents questioned him several weeks later about whether he knew that contribution was questionable, and he falsely denied it was questionable.

His admission was part of a plea agreement Murchek made to avoid a trial on the charge and win the U.S. attorney's recommendation that Murchek receive the minimum sentence under federal guidelines and a fine of only $3,500.

Assistant U.S. Attorney Philip Benson advised Murchek and the court that Murchek was pleading guilty to a felony, which likely would disqualify him from holding a future position with any labor organization.

Murchek has been president of the Northern Indiana Area Labor Federation and the Lake County Police Association Local 72.

Paul Stracci, one of Murchek's lawyers, issued a statement after the hearing:“Today marks a day of loss."

"Dan Murchek has served our community for nearly 35 years and has received numerous commendations throughout the course of his career. He has not only saved lives but has also given his time to many local labor unions and philanthropic organizations.

"Danny’s contributions to our community cannot be overstated. He’s impacted countless lives, and I am sure Danny will continue to work to improve the lives of all Lake County residents," Stracci said.

A police veteran falls to the bribery scandal
Murchek rose in the ranks of county police to third-in-command as deputy chief of the Lake County Sheriff's Department between 2011 and last fall under former Sheriff John Buncich.

A federal grand jury indicted Murchek last month on allegations Murchek began soliciting campaign financial support in fall 2015 from Willie Szarmach, owner of CSA Towing in Lake Station, and Scott Jurgensen, owner of Samson’s Towing in Merrillville.

Unknown to Murchek or Szarmach, Jurgensen was recording their conversations. He was an undercover informant who had been helping the FBI uncover bribery among towing firms doing business with area police and politicians since 2013.

The indictment alleges Murchek again met with the two towing owners in June 2016 to explain how they could disguise campaign contributions to him in the name of other people to avoid the maximum limit for business corporations, a practice the FBI calls a structured donation.

On Sept. 23, 2016, Jurgensen gave Murchek a $1,000 contribution in the name of the towing business and a $500 check illegally structured to look like a separate contribution from one of his towing employees. Jurgensen told Murchek he was the source of the money for both checks.

Four days after the FBI raided former Sheriff John Buncich's home and office Nov. 10, 2016, for evidence of illegal contributions from towing firms, FBI agents questioned Murchek about whether he received a structured contribution from Jurgensen.

Murchek said he didn't, but now admits his denial was a lie.

The federal investigation into the Lake County Sheriff's Department has swept up a number of local government figures, including in neighboring Porter County, and is expected to claim more in the near future. Rumors abounded Thursday that other figures under Buncich's administration and municipal officials who controlled towing would be next.

Timothy Downs, who was second-in-command under Buncich, pleaded guilty Dec. 16, 2016, to cheating the public of honest government services by using his authority within the department to do political fundraising for Buncich while he was on duty and using his publicly provided police car.

Downs is still awaiting sentencing.

Portage Mayor James E. Snyder and John Cortina, owner of a Portage towing firm, are now set to stand trial June 4 in U.S. District Court — Snyder for allegedly soliciting and receiving $12,000 in exchange for a Portage towing contract, and Cortina for allegedly offering the money. They are pleading not guilty.

Tom Goralczyk, a former Merrillville town councilman, pleaded guilty in January to accepting bribes — a 2000 Jeep Grand Cherokee and a 2008 Ford Focus — in return for promises of a lucrative contract to Jurgensen, the undercover FBI informant. Goralczyk is awaiting sentencing June 5.

A U.S. District Court jury last August found Buncich guilty of soliciting and accepting campaign contributions from Szarmach and Jurgensen in return for giving them more lucrative towing work.

Buncich is serving a 188-month prison term, currently at a federal secure medical facility in Springfield, Missouri.












Dan Murchek, a former top Lake County police commander and figure in John Buncich's public corruption trial, resigns without disclosing reason
NWI Times
April 19, 2018
Updated - May 03, 2018
http://www.nwitimes.com/news/local/crime-and-courts/dan-murchek-a-former-top-lake-county-police-commander-and/article_a2509904-555e-504a-a0dd-bc205d4d4e7a.html

CROWN POINT — A high-ranking administrator under the disgraced administration of former Sheriff John Buncich abruptly left the department this week.

Dan Murchek issued a brief resignation letter late Wednesday, according to County Police Chief William Paterson, who said Murchek didn't offer any reason for his departure.

Murchek was in his 24th year as a county police officer. He rose to third in command of the county Sheriff's Department between 2011 and last fall.

He also announced last summer he would be a candidate for sheriff this year.

He abandoned that campaign earlier this year in the wake of Buncich's conviction on federal bribery and fraud charges.

Buncich is serving a 188-month prison term, currently at a federal secure medical facility in Springfield, Missouri, after a U.S. District Court jury found Buncich guilty of soliciting and accepting campaign contributions from two towing firms in return for giving them more lucrative towing work.

The federal investigation into the county Sheriff's Department also swept up Timothy Downs, who was Buncich's former second-in-command. Downs pleaded guilty to distributing Buncich's campaign fundraising tickets and collecting the contributions, all on county time and in his publicly owned vehicle. Downs is still awaiting sentencing.

Tom Goralczyk, a former Merrillville town councilman, pleaded guilty in January to accepting a bribe in the towing scandal and is awaiting sentencing.

Murchek hasn't been charged with any wrongdoing, but was the subject of testimony at Buncich's trial by Scott Jurgensen, owner of Samson’s Towing, of Merrillville, and a confidential government informant.

Jurgensen told jurors last summer that Downs and Murchek once brought him the sheriff's campaign fundraising tickets, and he bought thousands of dollars of tickets even though he never went to the fundraising events.

Jurgensen said he was prepared to support Downs for sheriff once Buncich left office because of term limits, but Downs later backed out after Murchek opened his own campaign for sheriff.

He said he gave Murchek campaign contributions, and Murchek promised him a county police towing list that would be shorter than Buncich's.

Democratic precinct committee members selected Oscar Martinez as the new sheriff Sept. 16. Martinez demoted Murchek to a deputy patrol commander.










UPDATE: Former high ranking Lake County police commander Daniel Murchek is indicted in the towing bribery scandal
NWI Times
April 20, 2018

CROWN POINT — Dan Murchek, a former high-ranking administrator, is charged and will plead guilty to lying to the FBI about his involvement in the deepening Region towing bribery scandal.

The U.S. Attorney's office made public early Friday a one-count indictment against Murchek, shortly after the 24-year veteran of the Lake County police force ended his law enforcement career with an abrupt resignation.

U.S. District Court Magistrate Judge John E. Martin arraigned Murchek, 57, of Schererville on the felony, which carries a maximum penalty of five years in prison and a $250,000 fine. He was freed on bond.

Although Murchek pleaded not guilty Friday, attorney Caitlin Padula, who represented Murchek in court, said Murchek already has signed a plea agreement admitting he lied to FBI agents Nov. 14, 2016, when he denied receiving an illegal campaign contribution from an undercover FBI informant.

The agreement, made public Friday, states Murchek has provided enough assistance to federal authorities investigating his misconduct to induce the government to recommend he receive the minimum sentence under federal guidelines and a fine of only $3,500.

His potential sentence won't be calculated until after he formally pleads guilty before U.S. District Court Judge James T. Moody. No date is set for that plea.

Murchek rose in the ranks of county police to third-in-command as deputy chief of the Lake County Sheriff's office between 2011 and last fall under former Sheriff John Buncich.

Murchek also has been president of the Northern Indiana Area Labor Federation and the Lake County Police Association Local 72.

The beginning of the end
Murchek's since abandoned plans to run for Lake County sheriff in next month's Democratic party primary election brought about his downfall.

The indictment alleges Murchek began asking for campaign financial support in the fall of 2015 from Willie Szarmach, owner of CSA Towing in Lake Station, and Scott Jurgensen, owner of Samson’s Towing in Merrillville.

Unknown to Murchek or Szarmach, Jurgensen was recording their conversations. He was an undercover informant who had been helping the FBI uncover bribery among towing firms doing business with area police and politicians since 2013.

The indictment alleges Murchek again met with the two towing owners in June 2016 to explain how they could disguise campaign contributions to him in the name of other people to avoid the maximum limit for business corporations, a practice the FBI calls a structured donation.

On Sept. 23, 2016, Jurgensen gave Murchek a $1,000 contribution in the name of the towing business and a $500 check illegally structured to look like a separate contribution from one of his towing employees. Jurgensen told Murchek he was the source of the money for both checks.

Four days after the FBI raided former Sheriff John Buncich's home and office Nov. 10, 2016, for evidence of illegal contributions from towing firms, FBI agents questioned Murchek about whether he received a structured contribution from Jurgensen.

Murchek said he didn't, but now admits his denial was a lie.

U.S. Marshals escorted Murchek into the U.S. District courtroom early Friday in civilian clothing. He answered the magistrate's questions and acknowledged he had turned over his passport and that he cannot possess any firearms in his home while free on bond.

U.S. Attorney Thomas Kirsch II issued a statement early Friday that public corruption is a priority for his office.

"Mr. Murchek lied to FBI agents who sought truthful information from him in connection with what was then an ongoing public corruption investigation of which he was aware. Mr. Murchek did so purely to protect his self-interest and conceal his criminal conduct from the FBI," Kirsch said.

"Mr. Murchek was a police officer, sworn to uphold the law, at the time he told the lies, making his conduct particularly egregious."

Investigation has long reach
The federal investigation into the Lake County Sheriff's Department has swept up a number of local government figures, including in neighboring Porter County, and is expected to claim more in the near future. Rumors abounded Thursday that other figures under Buncich's administration and municipal officials who controlled towing would be next.

Timothy Downs, who was second-in-command under Buncich, pleaded guilty Dec. 16, 2016, to cheating the public of honest government services by using his authority within the department to do political fundraising for Buncich while he was on duty and using his publicly provided police car.

Downs is still awaiting sentencing.

Portage Mayor James E. Snyder and John Cortina, owner of a Portage towing firm, are now set to stand trial June 4 in U.S. District Court — Snyder for allegedly soliciting and receiving $12,000 in exchange for a Portage towing contract, and Cortina for allegedly offering the money. They are pleading not guilty.

Tom Goralczyk, a former Merrillville town councilman, pleaded guilty in January to accepting bribes — a 2000 Jeep Grand Cherokee and a 2008 Ford Focus — in return for promises of a lucrative contract to Jurgensen, the undercover FBI informant. Goralczyk is awaiting sentencing May 16.

A U.S. District Court jury last August found Buncich guilty of soliciting and accepting campaign contributions from Szarmach and Jurgensen in return for giving them more lucrative towing work.

Buncich is serving a 188-month prison term, currently at a federal secure medical facility in Springfield, Missouri.

Last fall, Democratic precinct committee members selected as the new sheriff Oscar Martinez, who demoted Murchek to a deputy patrol commander.

Martinez said Friday the alleged crimes that led to Murchek's indictment occurred before his administration, but they were of great concern to him.

"Since becoming Lake County sheriff, I have done my best to set a high bar and a good example for the men and women of this department," he said.









Timeline in the Dan Murchek public corruption case
NWI Times
April 20, 2018
http://www.nwitimes.com/news/local/crime-and-courts/update-former-high-ranking-lake-county-police-commander-daniel-murchek/article_9edaee78-a6df-5c81-b949-f6f7988748ce.html
2011 – Murchek, a 24-year county police veteran, becomes third in command of the Lake County Sheriff's Department under former Sheriff John Buncich.

2013 – FBI begin investigating local public officials and towing businesses for bribe activity "among other things."

Sept. 24, 2015 – Murchek asks for campaign financial support to run for sheriff from Willie Szarmach, owner of CSA Towing in Lake Station, and Scott Jurgensen, Scott Jurgensen, owner of Samson’s Towing in Merrillville.

June 3, 2016 – Murchek tells Szarmach and Jurgensen how to disguise campaign contributions in the name of other people to avoid the maximum limit for business corporations. Jurgensen, an undercover FBI informant, records the conversation.

Sept. 23, 2016 – Jurgensen gives Murchek two checks, a $1,000 contributions in the name of the towing business and a $500 check illegally made to look like a separate contribution from one of his towing employees. Jurgensen told Murchek he was the source of the money for both.

Nov. 14, 2016 – Murchek tells FBI agents he never received an illegal campaign contribution from Jurgensen.

April 20, 2018 – Murchek is arraigned in U.S. District Court in Hammond on a charge of lying to the FBI.








Former Lake County, Ind., deputy chief indicted, accused of lying to feds during Buncich investigation
Chicago Tribune
April 20, 2018

A former Lake County Sheriff’s Department deputy chief was indicted Friday for allegedly lying to the FBI during an investigation into pay-to-play towing that led to the conviction of former Sheriff John Buncich.

Dan Murchek, 57, of Schererville, was indicted for allegedly making false statements to the FBI, according to court documents unsealed Friday morning, and reportedly lied to investigators during an interview about towing operations under Buncich when the former deputy chief was asked about campaign contributions he received from a tow operator.

Murchek, who was escorted by U.S. marshals into a federal courtroom Friday, pleaded not guilty during a hearing but filed paperwork after the case was unsealed stating his intentions to plead guilty at a later date.

“Mr. Murchek lied to FBI agents who sought truthful information from him in connection with what was then an ongoing public corruption investigation of which he was aware. Mr. Murchek did so purely to protect his self-interest and conceal his criminal conduct from the FBI,” U.S. Attorney Thomas Kirsch II said in a statement. “Mr. Murchek was a police officer, sworn to uphold the law, at the time he told the lies, making his conduct particularly egregious.”

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.

Murchek declined to comment on the charges Friday morning as he left the courthouse.

“I knew structuring occurred when a donation appeared to be made by one person, but in reality, a different person provided the money,” Murchek said in the plea agreement. “I willfully and knowingly made a materially false statement and representation when I denied receiving a structured campaign donation from the owner of one of the towing firms.”

“In fact, I knew ‘Person A’ had provided the money for his employee’s donation,” Murchek added.

Assistant U.S. Attorney Philip Benson said the maximum penalty is five years in prison and a $250,000 fine.

“This indictment is unfortunate,” defense attorney Caitlin Padula said.

But, Padula said, people should remember Murchek’s past public service.

Murchek had been with the Lake County Sheriff’s Department for 24 years, and previously worked for police departments in Dyer and Hebron.

After Buncich’s conviction, Murchek ran in the Democratic caucus to replace the convicted sheriff but lost after the second ballot. Oscar Martinez Jr. ultimately won during the caucus and assumed the sheriff’s office in September.

Once Martinez took office, the new sheriff removed Murchek as deputy chief and made him deputy commander of the department’s uniform division. The Sheriff’s Department said Murchek resigned Wednesday.

In a statement Friday, Martinez said the alleged crimes occurred before his administration, but noted the allegations are “of great concern.”

“Since becoming Lake County sheriff, I have done my best to set a high bar and a good example for the men and women of this department,” Martinez said. “There are many good officers who serve, I hope that the residents and visitors continue to see and appreciate the good work and service that is provided every day by the men and women of the Lake County Sheriff’s Department.”

Murchek served on several community boards and was the president of the Northern Indiana Area Labor Federation. Representatives from the organization could not be reached for comment Friday.

Magistrate Judge Jonathan Martin set Murchek’s bail at $20,000 unsecured bond.

“Good luck to you, Mr. Murchek,” Martin said.

Murchek is the latest official whose charges stem from an investigation into towing operations in Northwest Indiana that began in 2012.

Buncich, 72, was convicted for using his office to solicit bribes from tow operators, according to court records, and in January was taken into federal custody after being sentenced to more than 15 years in prison.

Buncich, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, 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.

Murchek’s name was mentioned during Buncich’s 14-day trial, but he never attended any court sessions.

Federal prosecutors played recordings made by “Individual A” that documents meetings that on some dates involved Murchek where campaign donations and towing operations were discussed. Emails about towing areas and what firms would be used came and went from Murchek were shown to jurors.

Downs pleaded guilty in December 2016, according to court documents, and Szarmach pleaded guilty in July 2017.

In November 2017, Tom Goralczyk, a former Merrillville town councilman, was indicted for allegedly taking 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.

Goralczyk pleaded guilty in January, according to court documents, and is tentatively set to be sentenced in May.

Portage Mayor James Snyder was indicted the same day as Buncich, Downs and Szarmach for 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 the city. Snyder pleaded not guilty to the charges.

“Public corruption is a priority of my office. Along with our law enforcement partners, we will continue to investigate and prosecute public corruption across the Northern District of Indiana,” Kirsch said in a statement. “Citizens demand, and in fact deserve, honest public service from their elected and appointed officials.”










Top Lake County Sheriff's official indicted for lying to FBI
NWI Times
Apr 21, 2018
CROWN POINT, Ind. (AP) — A former top Lake County Sheriff's Department official has been indicted for lying to the FBI during a public corruption investigation that led to the conviction of former Sheriff John Buncich.

Former Deputy Chief Dan Murchek appeared Friday in U.S. District Court. His attorney Caitlin Padula says he signed a plea agreement and is expected to plead guilty.

Murchek had planned to run for Lake County Sheriff. But authorities say he was recorded soliciting illegal campaign contributions from tow truck operators, including one who was an FBI informant.

He later denied to the FBI that he received the illegal contributions.

Buncich was found guilty last August of soliciting and accepting campaign contributions from the same tow operators in exchange for more towing work.

He is serving a 188-month prison term.










Former Lake County deputy police chief is scheduled to plead guilty May 21
NWI Times
April 23, 2018

HAMMOND — A former high-ranking Lake County police administrator is scheduled to return to U.S. District Court next month to plead guilty to making a false statement to the FBI.

A federal grand jury indicted Dan Murchek, 57, of Schererville, last week on a charge of making a false statement to FBI agents questioning him about the deepening scandal into bribery between towing firms and local government officials.

U.S. District Court Judge James T. Moody ordered Murchek to appear May 21 before Magistrate Judge John E. Martin to formally enter a guilty plea to the felony count.

Murchek already has signed an agreement with the U.S. attorney's office that he will plead guilty to making a false statement in return for leniency.

Murchek was intending two years ago to run for Lake County Sheriff this spring.

Scott Jurgensen, owner of Samson’s Towing in Merrillville, gave Murchek a $500 check in 2016 that was illegally structured to look like a campaign contribution from one of his towing employees even though Murchek knew the money actually came from Jurgensen.

Weeks later, FBI agents questioned Murchek about the two checks.

Murchek told the agents he didn't receive a structured contribution from Jurgensen. Murchek admitted in his plea agreement his denial to the agents was false.

The plea agreement states the government will recommend Murchek receive the minimum sentence under federal guidelines and only a $3,500 fine.

Murchek, a 24-year veteran of the Lake County police force, rose to third-in-command as deputy chief of the Lake County Sheriff's office between 2011 and fall 2017.