Co-defendants of former Sheriff Buncich get probation for roles in bribery scheme
Chicago Tribune
July 10, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-downs-szarmach-towing-sentencing-st-0710-story.html
Two men charged alongside convicted former Lake County Sheriff John Buncich in a pay-to-play towing scheme will avoid jail time.
Judge James Moody on Monday sentenced former Lake County Chief of Police Timothy Downs and William Szarmach, of C.S.A. Towing in Lake Station, to two years of probation. Both men were tied to the case against Buncich, with Downs soliciting and collecting bribes, and Szarmach paying the former sheriff money to secure and expand his towing territory.
Assistant U.S. Attorney Philip Benson said Downs’ testimony against Buncich showed how the bribes benefited the former sheriff, and Szarmach gave insight into what tow operators gained by making the payments.
Downs, 67, Szarmach, 61, and Buncich 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.
Szarmach was later charged with filing a false tax return, and agreed to pay upward of $89,000 in restitution as a part of his sentence.
Downs pleaded guilty in December 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both testified against Buncich during his trial.
Moody in January sentenced Buncich to 15 years and eight months in federal prison after he was convicted of bribery and wire fraud during a 14-day trial in August. Buncich is in the process of filing an appeal.
“I take full and complete responsibility for what I did,” Downs said.
“What were you thinking?” Moody asked.
Being a law enforcement officer, Moody said Downs could have stopped the scheme.
“Better off to tell Mr. Buncich, ‘Hey, it’s not legal,’” Moody said.
The judge noted Downs’ lengthy career in law enforcement, including 18 years as the president of the state Fraternal Order of Police.
“He really had a sterling background before this, didn’t he?” Moody asked.
Moody said Downs wasn’t going to do anything to stop the practice until he got caught. Absent getting caught, Moody said Downs would have continued on bilking Lake County taxpayers.
“I would concede that,” said defense attorney Matthew Fech.
Benson said Downs agreed to cooperate with investigators immediately after being stopped by the FBI. Downs made recordings of meetings with Buncich, Benson said, and even taped a cash delivery to the sheriff’s office.
“That was rather dangerous, wasn’t it,” Moody said. “It took a lot of guts to do that.”
Benson said that recorded was visual proof that Buncich was the one who took the money.
Downs’ cooperation was key to the case against Buncich, Benson said.
“It’s highly unusual,” Benson said. “It’s conduct that should be rewarded.”
Prosecutors asked Moody to sentence to six months in prison and six months home confinement, according to court documents, and give Szarmach a year and a day in prison.
Downs could have faced up to a year and a half in prison absent the downward departure, according to court records, and Szarmach’s sentence could have carried a maximum of four years and three months.
William Szarmach arrives at the Federal Court in Hammond on July 9, 2018, for his sentencing. (Kyle Telechan / Post-Tribune)
“I have no one to blame for this but myself,” Szarmach said.
Szarmach said he’s let down his son, his family and his friends. He said if he’s incarcerated, the company he built himself would be in ruin and strain his family.
“I will never make this same bad decision again,” Szarmach said.
Defense attorney Daniel Purdom said Szarmach was the guy who got shaken down in the whole scheme in order to protect his business.
“This guy was a victim,” Purdom said. “This guy had no choice.”
It was Buncich who victimized the county tow operators by seeking bribes to guarantee them business, Purdom said.
“He’s the bad guy here,” Purdom said. “He’s the guy who abused his badge.”
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