HAMMOND — With less than two weeks before Portage Mayor James Snyder's public corruption trial is scheduled to begin, both sides continue to file motions and responses in the case, working to meet deadlines set by the court. Snyder, who was indicted on charges of bribery and tax evasion in November 2016, is scheduled to go on trial with co-defendant John Cortina, of Portage, on Oct. 9. In a court filing late Tuesday, federal prosecutors said a recent motion filed by Snyder's attorneys to dismiss two of the three charges "seeks to lead this court down a rabbit hole." Last week, Snyder's attorney Jackie M. Bennett, of Indianapolis, filed a motion to dismiss the two bribery charges, saying evidence presented by federal prosecutors during discovery fails to establish a crime. Federal prosecutors also answered a motion filed by Bennett last week asking certain testimony or evidence be excluded from the trial, including recordings in which Cortina allegedly uses "vulgar language," Snyder's wife's employment, his mortgage company, evidence involving other city employees, disputed email materials and how Snyder has paid his attorney's fees. Prosecutors agreed to some of the issues, such as his wife's employment record. They also agreed to not introduce evidence about Snyder's "improper attempt to have the citizens of Portage pay his attorney's fees," a reference to Snyder's attempt to pay a combined $93,000 from the city's utility department funds to two of his defense attorneys. But federal prosecutors disputed other items. Prosecutors also pointed out the issue regarding the disputed emails and Snyder's claim that his Sixth Amendment rights to a fair trial have been violated has not been ruled upon by the court. Snyder claims the taint team process, which filters emails, failed, allowing prosecutors to view emails he believes are attorney/client privilege. Bennett filed two additional documents Wednesday, saying they intend to reply to the prosecutors' response within 48 hours.
A tow operator is asking to either have his trial separated from Portage Mayor James Snyder’s or to have both of their dates pushed back again. John Cortina, of Kustom Auto Body in Portage, and Snyder are currently set to begin their jury trial on Oct. 9 in Hammond’s federal court. Cortina, 79, and his attorney, Kevin Milner, filed a motion Friday asking for a continuance. The motion cites a medical procedure that has been scheduled Oct. 16 for one of Milner’s family members. “Efforts to schedule the surgery at an earlier date were curtailed by issues regarding insurance coverage,” the document said. The government and Milner “agree that the trial is likely to extend past” Oct. 16, according to the motion. Cortina and Snyder were charged in November 2016 with violating a federal bribery statute. Federal prosecutors said the mayor solicited money from Cortina and "Individual A" and gave them a towing contract for Portage. Snyder also was indicted for allegedly accepting $13,000 in connection with a Portage Board of Works contract and for allegedly obstructing IRS laws. Snyder and Cortina have pleaded not guilty to the charges, according to court documents. Cortina “does not wish to inconvenience the court, the government or defendant Snyder,” so Milner “is requesting that either his case be severed from defendant Snyder’s and continued for trial or that both defendants remained joined with the trial, again, being continued,” according to the motion. Snyder’s and his attorney’s positions on the continuance or whether to separate their trials “has not been learned,” the motion states. A ruling on Milner’s request had not been made as of Friday afternoon, court records show. The trial was initially scheduled to begin in January 2017. It was pushed back to give attorneys time to go over the evidence and to file their motions. Snyder requested one continuance after he hired a new attorney, Jackie Bennett Jr., of Taft Stettinius and Hollister in Indianapolis, when his previous attorney Thomas Kirsch II was appointed U.S. Attorney for the Northern District of Indiana. Snyder asked for the continuance to October partly due to issues over emails obtained by the government that the defense argued were privileged. On Thursday, Judge Joseph Van Bokkelen denied Snyder’s motion to dismiss the indictment or to disqualify the government’s trial team over the emails. But the judge said that one exhibit containing emails with financial records could not be used, according to the order.
Former Lake County Sheriff John Buncich claimed that there was not enough evidence to convict him in his public corruption last year in his appeal filed late Wednesday. Buncich, 72, filed his appeal in the Seventh U.S. Circuit Court of Appeals in Chicago after a jury found him guilty of bribery and wire fraud during a 14-day trial in August 2017. Buncich accepted bribes from tow operators in the form of thousands of dollars in cash and donations to his campaign fund, Buncich Boosters, court records show. Buncich was charged in November 2016 in a multicount indictment along with former Lake County Chief Timothy Downs and Williams Szarmach, of C.S.A. Towing. Downs solicited and collected bribes and Szarmach paid the former sheriff money to secure and expand his towing territory. Both testified at Buncich’s trial and were each sentenced in July to two years of probation. Buncich was sentenced in January to 15 years and eight months in prison. He is currently housed at MCFP Springfield, a secure federal medical center in Missouri, according to the Bureau of Prisons. In his appeal, Buncich raised two primary issues: whether there was sufficient evidence at trial to convict him of five of his counts, and whether evidence of “criminal activity” involving his personal bank account should have been presented to the jury. Kerry Connor, Buncich’s attorney for his appeal, wrote that there was “woefully insufficient evidence to support conviction” for five counts of wire fraud and honest services wire fraud, court records show. “During deliberations, the jury sent a note to the trial court indicating it could not ‘find evidence relating’ to counts one through three of the superseding indictment,” the appeal states. Those counts alleged that “Federal Reserve payroll funds transfer(s)” were made on May 5, 2014, Nov. 17, 2014, and Aug. 10, 2015, according to the appeal. Connor said “it was not surprising,” though, that the jury couldn’t find evidence of this because it was “conspicuously absent” in the government’s case, the appeal states. There were also two checks — made by the government’s confidential informant, Scott Jurgensen, of Samson's Towing in Merrillville — included in the charges that “were neither bribes nor kickbacks” but instead were “legitimate political donations written to and deposited in the appropriate organization accounts,” Connor said. Jurgensen wrote a $2,000 check April 8, 2014, that was a “campaign contribution” to Buncich Boosters, according to the appeal. “There is no evidence that any comment that Jurgensen might have made in reference to towing, however construed, was even shared with Mr. Buncich in reference to the April 8, 2014, donation,” the appeal states. Jurgensen wrote another $2,000 check Oct. 21, 2014, for a “campaign contribution” to “Lake County Central Committee,” which Buncich was the chairman, according to the appeal. “The check was, in fact, delivered to the Lake County Democratic Central Committee and deposited into the Committee’s account,” the appeals states. Connor said, “There can be no ‘quid pro quo (planned or realized)’ when the payee has no knowledge of the payer’s corrupt intent.” The government presented a summary of Buncich’s personal and campaign accounts arguing that Jurgensen and Szarmach made cash payments to Buncich in the amount of $26,000, the appeal states. While the campaign account showed deposits of $11,230, the appeal states there was $14,760 that “could not be accounted.” In his appeal, Buncich questioned the inclusion of evidence of $58,100 cash deposits that went into his personal bank account, which allowed “the jury to infer the unexplained cash income indicated additional ‘criminal activity.’” “The government had no viable evidence as to the source of the funds, whether they were legal or illegal, and whether the fact that they were present in the personal account had any relevance to the case at hand,” the appeal states. An IRS agent testified “that it was his opinion that the money came from an illegal source because it was not entered on the defendant’s federal income tax returns as income and the evidence previously presented at trial,” according to the appeal. On cross-examination, the agent “agreed the source does not have to be illegally obtained cash,” but “it could be another nontaxable source,” the appeal states. “Logic dictates that when an IRS agent, who specializes in financial transactions, gives an opinion as to a defendant’s participation in criminal activity, the jury is likely to be significantly impacted by it,” Connor said.
CROWN POINT — Former Lake County Sheriff John Buncich filed an appeal Wednesday alleging there was insufficient evidence for a jury to have convicted him last fall on fraud charges. He also claims evidence regarding cash deposits made in his personal bank account was “highly prejudicial” and should result in his conviction being overturned. Buncich, 72, was convicted Aug. 24, 2017, after more than two weeks of trial on five counts of wire fraud and one count of bribery on allegations he was paid bribes in exchange for lucrative towing vehicles. Buncich was sentenced Jan. 16 to 188 months, about 15 1/2 years, in federal prison for the convictions. Buncich's appeal was filed late Wednesday. Kerry Connor, his defense attorney, requested in the appeal the 7th U.S. Circuit Court of Appeals overturn the former sheriff's convictions on the wire fraud charges, because there was “woefully insufficient evidence” to support his conviction. Alternatively, she requested the higher court overturn all his convictions because the government was permitted to introduce “highly prejudicial” evidence related to Buncich's bank account at trial.
Appeal: Fraud charges fail It is rare for an appellate court to overturn a jury conviction due to insufficient evidence. However, the appeal notes “reversal is appropriate when there is an absence of credible, properly admitted evidence, however weighed, from which the jury could have found guilt beyond a reasonable doubt.” Buncich meets the “heavy burden” of proof necessary for overturning the fraud convictions, Connor claims. The five wire fraud charges were based on wire transfers made between 2014 and 2015. Two wire transfers were specifically tied to bribes, according to the superseding indictment. On April 8, 2014, Scott Jurgensen, an FBI informant and owner of Samson's Towing in Merrillville, paid a bribe to Buncich in the form of a $2,000 check for Buncich Boosters and an additional $500 in cash. On Oct. 21, 2014, Jurgensen and William “Willie” Szarmach, the former owner of CSA Towing in Lake Station, paid a second bribe to Buncich, again in the form of two, $2,000 checks for the Lake County Democratic Central Committee and a total $1,000 in cash. Both bribes were tied to "J.P. Morgan Chase wire transfers," the indictment states. The other three wire fraud charges were based on three “Federal Reserve payroll funds transfers” made May 5, 2014, Nov. 17, 2014, and Aug. 10, 2015.
Connor notes in the appeal the indictment gave “no clue” as to the nature of those alleged "payroll funds transfers," or what was fraudulent about them. She claims evidence related to those wire transfers also was “conspicuously absent” from the government's presentation at trial. Connor notes the only payroll records submitted as evidence at trial were for Buncich and two Lake County policeman, but none of the payroll records dated back to 2014. The jury sent a note to the trial court during deliberations indicating it could not “find evidence relating” to counts 1 through 3 of the indictment, the appeal states, and then sent a second question asking for a definition of “Federal Reserve payroll fund transfer.” The judge directed the jury review the evidence presented at trial. Connor maintains the jury's confusion was warranted; there was no evidence related to the transfers at trial. As to the other two wire transfers, she claims there was no evidence at trial the payments by Szarmach or Jurgensen were anything more than campaign contributions.
Appeal: Court erred in bank evidence Alternatively, Connor claims all of Buncich's convictions should be overturned because U.S. District Court Judge James T. Moody erred by allowing federal prosecutors to admit evidence showing $58,100 in cash was deposited into Buncich's bank account. Jurgensen and Szarmach allegedly made cash payments to Buncich in the amount of $26,000 between April 8, 2014, and Sept. 22, 2016. The sheriff's campaign account showed cash deposits of $11,240, which left $14,760 unaccounted for, according to the appeal. The government wanted to present evidence of the personal bank account deposits, which might explain where the campaign money went, but Moody ruled at a pretrial hearing the deposit amounts did not seem consistent with the government's timeline or accounting. If the government could not prove the money came from bribes, the judge did not want the jury speculating about the source of that cash, fearing it would distract from the allegations and prejudice Buncich. Thus, he ruled the evidence inadmissible at trial. However, Moody ruled during trial the defense “opened the door” during Buncich's testimony to allow some evidence about the bank account to be admitted. Federal prosecutors then were allowed to recall witness Gerald Hatagan, an IRS agent, who testified he believed the $58,100 came from an illegal source because it was not claimed as income on the defendant's federal income tax returns. Connor claims the government had no viable evidence the cash deposits were tied to criminal activity, and the judge's decision to admit the evidence was wrong.
HAMMOND — U.S. District Court Judge Joseph Van Bokkelen has ruled against Portage Mayor James Snyder over Snyder's claim that emails protected by the attorney-client privilege were viewed by prosecutors and thus harmed his chance to get a fair trial. Van Bokkelen also ruled against Snyder's claim that the process to review such privileged emails was faulty. Snyder contended in May that emails protected by attorney-client privilege got through a three-tiered taint team, and were viewed by prosecutors. A taint team is a review process created to ensure that privileged emails are not seen by prosecutors. That claim led to several hearings, held mostly behind closed doors, where emails were reviewed and the review process was scrutinized. Snyder was indicted in November 2016 on three counts, including bribery and tax evasion. His trial is set for Oct. 9. Earlier this year, Snyder's defense attorney, Jackie Bennett, of Indianapolis, filed a motion seeking either to have Snyder's indictment dismissed, or to have the federal prosecutors disqualified due to what Snyder claimed was a violation of his Fourth, Fifth and Sixth Amendment rights to a fair trial. In Thursday's ruling, Van Bokkelen wrote that only one of more than 40 emails involved in Snyder's claim will be excluded from being entered as evidence at his trial. That email was between Snyder and his then-attorney, Thomas Kirsch, who now is the chief federal prosecutor. Kirsch removed himself as Snyder's defense attorney when he was appointed to the U.S. Attorney's Office for the Northern District of Indiana earlier this year. Kirsch recused himself from the case but was called in May to testify during a closed hearing on the issue. Bennett told The Times on Thursday, "Mr. Snyder has been anxious to go to trial for two years, to address the false charges against him and to clear his good name. We look forward to doing so beginning Oct. 9." Van Bokkelen ruled that two other emails, while considered privileged, did not cause Snyder to "suffer prejudice from the trial team" seeing them because prosecutors already had received information on their content before seeing the emails. In all other instances of the emails in question, Van Bokkelen ruled they were not privileged for various reasons, including that they had included third parties or did not involve legal advice. "Through it all, what has become clear is that, with the exception of emails containing QuickBooks data, the government trial team is not in possession of privileged materials and that the privileged financial data has not unduly prejudiced Mr. Snyder," Van Bokkelen wrote in his 18-page ruling. "Thus, while the Court finds no fault with the taint team process, even if the process had been faulty as Mr. Snyder argues, no error has been introduced that would necessitate either dismissal of this case or recusal of the trial team," Van Bokkelen wrote.
A few of Portage Mayor James Snyder’s emails contained privileged information, but a federal judge said Thursday that his federal bribery case can proceed to trial Oct. 9. Judge Joseph Van Bokkelen issued his ruling over questions about prosecutors use of emails obtained from Snyder’s email account at his upcoming trial. In his order, Van Bokkelen denied Snyder’s motion to dismiss the indictment or to disqualify the government’s trial team. But the judge said that one exhibit containing emails with financial records could not be used, according to the order. “The court finds that as carried out in this case, the filter process worked sufficiently, even if the process itself has inherent flaws,” Van Bokkelen said, adding it had “semblance of the fox guarding the hen house.” Snyder and John Cortina, of Kustom Auto Body in Portage, were charged in November 2016 with violating a federal bribery statute. Federal prosecutors said the mayor solicited money from Cortina and "Individual A" and gave them a towing contract for Portage. Snyder also was indicted for allegedly accepting $13,000 in connection with a Portage Board of Works contract and for allegedly obstructing IRS laws. Snyder and Cortina have pleaded not guilty to the charges, according to court documents. Leading up to trial, attorneys filed a series of briefs and discussed emails in the case in in closed-door hearings. The defense argued that the emails seized in 2015 were put through a faulty screening process, and that the trial team accessed and used privileged communications, court records show. Prosecutors said Snyder has not presented any evidence that shows his email communications were used in an improper way during the investigation, according to court records. “Through it all, what has become clear is that, with the exception emails containing QuickBooks data, the government trial team is not in possession of privileged materials and that the privileged financial data has not unduly prejudiced Mr. Snyder,” the order states. Before he was appointed U.S. Attorney for the Northern District of Indiana, Thomas Kirsch II, was Snyder’s defense attorney. Kirsch previously “directed Mr. Snyder to generate QuickBooks financial records for various entities associated with Mr. Snyder because his financial records were in disarray,” the order states. Kirsch has recused himself from handling the Snyder case, according to court documents, and it is now being managed by the U.S. Attorney for the Northern District of Illinois. Snyder used Intuit online software to email himself the records, which contained financial data in the body of the emails, according to the order. Snyder would forward these to his attorneys, the order states. “The emails from Intuit to Snyder (generated by Snyder) slipped through the government’s filter process, and the government now cedes that those documents should not have been made available to the prosecution team because they constitute attorney work-product,” the order states. “However, the same data that was forwarded to the attorneys was quarantined.” While Snyder “suffered some prejudice in that the disorganized financial data may have been more difficult for the government to analyze,” Kirsch had made some of this information to the government, the order states. This information “is factual in nature and does not reflect Kirsch’s legal opinions or strategies,” according to the order. Van Bokkelen said, though, that the government “is not precluded from using the information it received from Kirsch even if that information is identical” to set of QuickBooks documents that the judge ruled on. Van Bokkelen went over summaries of the emails in question in his order. The judge decided that “only three sets of documents contain privileged materials that the government’s trial team has in its possession,” including the QuickBooks documents. The other two items, while privileged, did not cause Snyder to “suffer prejudice from the trial team obtaining” them, the order states. Both of those items were between Snyder and a personal attorney over drafts for a consulting agreement sent to Snyder’s City of Portage email account, according to the order. Van Bokkelen said these emails contained legal advice, which made them privileged, the order states. “In both instances, the government had obtained the agreements long before the emails were seized” and receiving the same document later did lead to “no new revelations,” according to the order. The government had a three-tiered process to sift through the emails, narrowing down 8,600 that were quarantined to some 300 deemed privileged and that were made not available to the prosecution team, according to the order. The QuickBooks files and the emails with the personal attorney were “missed,” the order states. While “the court agrees with Mr. Snyder that the government could have cooperated with Kirsch to the filter out privileged communications, at least in the last stage of the review” the judge said “it was not legally required. “To be sure, there’s nothing to suggest that the agents involved in the case improperly handled Mr. Snyder’s emails or that the agent in charge of peeking behind the curtain of the privilege. However, any process that leaves government agents unchecked is problematic,” the order states. Van Bokkelen began his order with a Bible verse. “Writing to Corinthians, Apostle Paul cautioned: ‘“Everything is lawful,” but not everything is beneficial. “Everything is lawful,” but not everything builds up,’” the order states. Van Bokkelen added, “What the government did, it could do: the law is in its favor, even if the prudence of its actions can be questioned.”
Attorneys for indicted Portage Mayor James Snyder say federal investigators used a confidential source for the purpose of “invading the defense camp.” In a brief filed Friday, Jackie Bennett Jr., one of Snyder’s defense attorneys, said that investigators got information from a confidential source who reportedly knew about discussions between the Portage mayor and his attorneys, showing that the defense wouldn’t be ready for a January 2017 trial. Bennett said federal investigators used that information to continue their investigation, and want a judge to limit their ability to use any information they obtained after January 2017. “The government, post indictment, permitted an informant to inquire as to Snyder’s legal strategy and legal advice, there by invading the defense camp,” Bennett said. “Thereafter the government made use of the improperly obtained strategic information.” “To be blunt, this is tantamount to cheating,” Bennett added. The U.S. Attorney’s Office has not filed a response to Snyder’s motion and does not comment on pending cases. 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 Portage 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. The trial is set to start Oct. 9. The motion included a confidential human source report from the FBI where the person reported that Thomas Kirsch II, Snyder’s former defense attorney who is now the U.S. Attorney for the Northern District of Indiana, suggested the mayor hire another attorney in order to ready for a January 2017 trial. The report documents what the FBI was told by the confidential source on Dec. 6, 2016, less than a month after Snyder and Cortina were indicted. Kirsch has recused himself from handling the Snyder case, according to court documents, and it is now being managed by the U.S. Attorney for the Northern District of Illinois. “The government’s knowledge that Mr. Kirsch suggested Snyder may need to consider hiring another lawyer was obviously a benefit to the government, as it let them know they had additional time to investigate their case, which they have continued to do post January 2017,” Bennett said. Bennett said investigators’ use of the confidential source to learn about the defense bolsters arguments that charges against Snyder should be dismissed or federal prosecutors removed from the case for mishandling reportedly attorney-client privileged emails. Snyder’s defense attorneys say the charges should be dismissed or trial attorney disqualified if those email communications were accessed. Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents, and the trial team accessed and used privileged communications. Federal prosecutors say Snyder has not presented any evidence that shows his emails communications were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors on the case or dismiss any charges against the Portage mayor. Judge Joseph Van Bokkelen has not ruled on the request to dismiss or disqualify the trial team. The motion to suppress the information gained from the confidential human source was one of a series of motions Snyder’s defense team filed Friday.
Judge Lectures Ex-Lake County Official Who Lied to the FBI A federal judge sternly lectured a former Lake County Sheriff's Department official for dishonesty before sentencing him to two years of probation for lying to the FBI.
U.S. News & World Report
September 20, 2018 https://www.usnews.com/news/best-states/indiana/articles/2018-09-20/judge-lectures-ex-lake-county-official-who-lied-to-the-fbi CROWN POINT, Ind. (AP) — A federal judge sternly lectured a former Lake County Sheriff's Department official for dishonesty before sentencing him to two years of probation for lying to the FBI. U.S. District Court Judge James Moody berated Dan Murchek on Wednesday and told him he'd "be remembered as a crook." Moody then sentenced the 57-year-old former Lake County deputy chief to two years of probation and fined him $3,500. Murchek had pleaded guilty in May to lying to the FBI for denying that he'd received an illegal $500 campaign donation. He's the fifth person convicted in connection with a federal probe of influence peddling within local government over towing contracts. Those five include former Lake County Sheriff John Buncich, who's serving a 188-month sentence for soliciting and receiving bribes from towing firms.
HAMMOND — Another former high-ranking Lake County police officer has avoided prison, but not before receiving a corruption-shaming lecture from a judge fed up with official dishonesty. "What the devil is wrong with you?" U.S. District Court Judge James Moody asked 56-year-old Daniel Murchek before imposing two years probation and a $3,500 fine on him for lying to the FBI. Murchek became the fifth person convicted in connection with a federal probe of influence peddling within local government over towing contracts. Although Murchek wasn't linked to towing bribery, he became embroiled in illicit campaign contributions in an aborted effort to run for Lake County sheriff. His felony conviction ends a career spanning three decades in law enforcement. He joined the Police Explorers, a program affiliated with the Boy Scouts of America as a young man, and worked as a police officer for the towns of Hebron and Dyer before joining the county sheriff's department as a canine handler. Defense attorney Paul G. Stracci argued on Murchek's behalf, "He was an amazing police officer. He gave tirelessly and heroically to his community. He would help anyone he came across." When asked to address the court, Murchek read from a prepared statement about how sorry and surprised he was to find himself in this position. The judge interrupted Murchek repeatedly. "Are you part of that corrupt culture? I want to know what makes people like you tick," Moody said. Murchek could only offer the excuse of a lapse in his judgment. Moody said he read a number of letters written in support of Murchek and said, "You totally disappointed everyone." Moody said he has seen many examples of official misconduct during his nearly 46 years as a judicial officer. "The corruption in his office destroys any integrity of good politicians and officials have in the rest of this state. They think everyone is corrupt. Most citizens feel the way I do," Moody said. "I've said it before, but they don't listen, they just take the place of those who leave," Moody said, adding he found it all disgusting. 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. Murchek's downfall involved his run for sheriff, which would have taken place this year. He solicited campaign financial support in fall 2015 from Scott Jurgensen, owner of Samson’s Towing in Merrillville. Murchek was unaware Jurgensen recorded their conversations and reported them to the FBI. The FBI had enlisted Jurgensen as an undercover informant to uncover bribery among towing firms doing business with area police and politicians. Murchek explained to Jurgensen how to disguise campaign contributions to him in the name of other people to give more than the maximum limit under the law, a practice the FBI calls a structured donation. Jurgensen gave Murchek a $1,000 contribution in 2016 in the name of the towing business and another $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. FBI agents then questioned Murchek about whether he received a structured contribution from Jurgensen. He denied it. The government confronted Murchek with the lie, and Murchek agreed to plead guilty and resigned from the Sheriff's Department one day before a federal grand jury indicted Murchek last April. Stracci said Wednesday, "Sometimes (Murchek) talks without thinking. Sometimes, Danny doesn't think this through. He was just over his head." Moody said, "He didn't do it by accident. Maybe he's just full of himself. He tarnished the reputations of good hardworking police officers who put their lives on the line." The judge said he gave Murchek probation at the recommendation of U.S. Attorney Thomas Kirsch II, who said Murchek deserved a lenient sentence in return for his guilty plea and not forcing the government to take him to trial. The judge said he believes the public is protected from further crimes by Murchek. A felony conviction virtually forecloses Murchek from a future career in law enforcement or public office. The judge also imposed six hours of community service a week on Murchek, as a condition of probation. That will increase to 12 hours per week if Murchek is unemployed. Others who have fallen in the scandal include: Former Sheriff John Buncich, 72, serving a 188-month prison term, currently at a federal secure medical facility in Springfield, Missouri for his conviction last year to soliciting and receiving bribes from towing firms. He is appealing his conviction. Timothy Downs, 67, of Monticello, Indiana, the former second-in-command of the Lake County Sheriff's Department, serving two years probation for receiving bribes on behalf of Buncich. William Szarmach, 61, of Hobart, who owns CSA Towing in Lake Station, serving two years probation for paying Buncich bribes to win the former sheriff's favor and receive more lucrative towing assignments. Former Merrillville Town Councilman Tom Goralczyk, 51, serving a 15-month sentence at the federal prison in Terre Haute, Indiana, for accepting bribes in return for promises of a lucrative contract he made five years ago to an undercover FBI informant.
A federal judge told a former Lake County deputy police chief that when he lied to the FBI, his turned his legacy into that of “a crook.” Dan Murchek, 57, of Schererville, was sentenced to two years of probation by federal Judge James Moody on Wednesday in Hammond. The former top-ranking police officer was sentenced for lying to the FBI. Murchek was indicted in April for allegedly making false statements to the FBI, according to court documents, and reportedly lied to investigators during an interview about towing operations under convicted former Sheriff John Buncich when the former deputy chief was asked about campaign contributions he received from a tow operator. “You’ll be remembered as a crook,” Moody said. “Yes, sir,” Murchek said. Defense attorney Paul Stracci said Murchek always did what he could to serve his community throughout his more than 30-year career in law enforcement. Murchek was willing and ready to help anyone who needed it, Stracci said. What got Murchek into trouble was that he doesn’t always think things through, Stracci said. Had Murchek admitted to the FBI that he structured the campaign donation, Stracci said it would have been a Class B misdemeanor and he likely would have continued being a police officer. “I think sometimes Danny doesn’t think,” Stracci said. “Or maybe he’s just full of himself,” Moody said. Stracci said Murchek knows his accomplishments and contributions to the community will be overshadowed by his criminal conduct. “He will be punished forever for a lie, for an unexplainable lie,” Stracci said. “Nobody else threw it way. He did. Consciously and purposefully,” Moody said. Murchek had been with the Lake County Sheriff’s Department for 24 years, and previously worked for police departments in Dyer and Hebron. Murchek resigned in April. “Why do that?” Moody asked. “A man with your background.” “I truly cannot give you an answer,” Murchek said. “I just want to know what makes people like you tick,” Moody said. “What the devil was wrong with you?” Murchek said he wished he could give Moody an answer and that it was “a lapse in judgment.” Moody said Murchek disappointed everyone and ruined his future. “It’s pretty disgusting,” Moody said. More coverage: U.S. attorney looks at task force to curb 'systemic problem' of public corruption in Northwest Indiana » 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. Assistant U.S. Attorney Philip Benson said Murchek directed the tow operator how to structure the campaign donation, and that indicated a problem. “That’s what was going on at the beginning of his campaign,” Benson said. “With great power comes great responsibility,” Benson said. “He violated that responsibility when he spoke to the FBI.” Murchek’s interview with the FBI came after federal investigators conducted search warrants at the Lake County Sheriff’s Department, and Buncich’s home. 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. “It’s just ridiculous the corruption in this office,” Moody said. “It destroys any integrity that good, honest politicians and officeholders have in this county.” Eighteen people submitted letters commending Murchek’s service and seeking leniency for him. Rep. Linda Lawson, D-Hammond, said she’s known Murchek for almost 40 years, and he’s always sought to serve the community through his work as a police officer and labor leader. “Dan has been a significant contributor to Northwest Indiana and the State of Indiana. I respectfully request you to consider this in any sentencing decisions and ask for leniency,” Lawson wrote. “I am confident the remorse he feels and his love for the community will lead him to continue the great work he has been doing his entire life.” Stracci said while Moody has seen a lot of people in his court, few have the body of work and accomplishments like Murchek. “He was an amazing police officer,” Stracci said. “But he screwed it up,” Moody said. “He did,” Stracci said. Murchek said he was sorry for his conduct and what it has done to his family, friends and the community. “I don’t get a do over,” Murchek said. “I have to try to do better and move forward with my life.” “Shame on you,” Moody said.
HAMMOND — Barring any unforeseen circumstances the federal public corruption trial of Portage Mayor James Snyder will begin at 10 a.m. Oct. 9. During a less than 30 minute final pre-trial conference in U.S District Court Friday morning, Snyder's attorney, as well as that of his co-defendant John Cortina and federal prosecutors agreed they are ready to begin the trial. Snyder was indicted in November 2016 on charges of felony bribery, extortion and tax dodging counts. He has pleaded not guilty. Cortina, a Portage towing company owner, was charged with one count of bribery, alleging he gave Snyder $12,000 to be put on the city's tow list. The conference was held by Magistrate Judge John Martin. Martin quickly went through a laundry list of details, from producing witness lists to final discovery, and set deadlines for both sides to file any additional materials or motions in the case. The two sides must put together a list of agreed upon questions for prospective jurors, jury instructions and witness lists prior to the trial. Martin set an Oct. 1 deadline for a possible plea agreement. "That deadline won't matter," said U.S. Assistant Attorney Phil Benson. The possible wrench in the case, however, is that U.S. District Court Judge Joseph Van Bokkelen has not ruled on whether Snyder's Sixth Amendment rights had been violated over the possibility federal prosecutors saw attorney/client privileged emails during the "taint team" or view process. Snyder 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. The emails in question were between Snyder and now U.S. Attorney Thomas Kirsch and were seized via a search warrant in 2015. 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. 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. A series of hearings were held earlier this year, primarily behind closed doors, with final briefs filed on the matter late last month. Assistant U.S. Attorney Jill Koster asked Martin if he had any idea when Van Bokkelen might make a ruling on the issue. Koster said pending a ruling on the motion, there is some information Benson has not seen and may need to see. Martin said he did not and directed her to ask Van Bokkelen. "It is a fluid situation that may change some dynamics," Martin said. "We reserve the right, depending on the ruling, to respond or file a new motion," Benson said. When discussing exhibits, Benson also told the judge there are "massive amounts of documents" prosecutors are going through. Koster added there will be "so much material" placed on the exhibit list.
The federal corruption trial for Portage Mayor James Snyder and a tow operator in the city is ready to start on Oct. 9. Magistrate Judge John Martin on Friday set the schedule for pre-trial filings as attorneys for Snyder and John Cortina, of Kustom Auto Body, and federal prosecutors ready to seat a jury and begin arguments on Oct. 9. Snyder’s case has been pending since November 2016, and been continued four times. Martin asked the attorneysfor the government and Snyder and Cortina if they are ready for trial. “Yes,” said Assistant U.S. Attorney Jill Koster. Jackie Bennett Jr., one of Snyder’s attorneys, and Kevin Milner, Cortina’s attorney, agreed they are ready. While Martin prepped the schedule for pre-trial filings, Judge Joseph Van Bokkelen is still weighing a motion to dismiss some of the charges or disqualify federal prosecutors handling the case. Defense attorneys have argued that emails seized in 2015 were put through a faulty screening process, according to court documents, and the trial team accessed and used privileged communications. Snyder’s defense attorneys say the charges should be dismissed or the trial attorney disqualified if some email communications were accessed that shouldn’t have been. Federal prosecutors say Snyder has not presented any evidence that shows his email communications were used in any improper way during the investigation, according to court documents, and that a judge should not disqualify the prosecutors on the case or dismiss any charges against the Portage mayor. Koster asked if Martin had any sense of when that ruling may be issued. “That obviously creates problems when preparing for trial,” Koster said. “I do not,” Martin said. “I’m not dealing with those issues.” Snyder and Cortina were charged 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 Portage 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. Martin asked when the prosecution and defense would have their trial exhibit lists ready. Koster asked to submit that to the court on Oct. 5. “There’s tons and tons of documents,” said Assistant U.S. Attorney Philip Benson. Martin said any plea agreement must be reached five days before trial. “That deadline won’t matter,” Benson said.
An attorney requested another extension to file an appeal on behalf of former Lake County Sheriff John Buncich, who was convicted last fall in U.S. District Court on bribery and fraud charges. Defense attorney Kerry Connor was expected to file an appeal on Buncich's behalf Monday. Instead, she filed a motion requesting additional time to file the 72-year-old defendant's opening brief. Connor apologized to the court for delays in filing the appeal, which was initially due in May. She cited the complex nature of the case and an ongoing medical issue for the delay. She wrote in the motion the length of her recovery from the medical issue was "totally unexpected." Connor requested a new deadline for Sept. 24. The U.S. Attorney's Office did not object to the request. If Connor's request is granted, it would be the sixth extension, court records state. Buncich is serving a 188-month prison sentence after a jury found him guilty in August of bribery and fraud charges for soliciting and receiving illegal payments from towing firms angling for lucrative towing work from Lake County police. Buncich remains incarcerated at the Medical Center for Federal Prisoners in Springfield, Missouri, the Federal Bureau of Prisons website states. He is scheduled for release in September 2031.
