11222019 - News Article - Prosecutors: Former Portage Mayor James Snyder, found guilty of bribery, should spend 46 months in prison

Prosecutors: Former Portage Mayor James Snyder, found guilty of bribery, should spend 46 months in prison
Chicago Tribune
November 22, 2019
https://www.chicagotribune.com/suburbs/post-tribune/ct-snyder-sentencing-memorandum-st-1123-20191122-y4m2tv2uvnd7hlus4zhhtd4osm-story.html

Prosecutors recommend former Portage Mayor James Snyder, who was found guilty of bribery and obstructing the IRS, spend just under 4 years behind bars, according to a federal sentencing memorandum.

In total, prosecutors believe a sentence of 46 months in prison followed by one year of supervised release “is fair and reasonable based on the nature and seriousness of Snyder’s offense conduct,” according to the sentencing the sentencing memorandum, filed Nov. 20.

In response, Jackie Bennett Jr., Snyder’s attorney, filed a motion to strike the sentencing memorandum arguing that the prosecutors filed the sentencing memorandum too late. The sentencing memorandum is due 14 days before the hearing and no later than 21 days before the hearing, Bennett said.

Snyder’s sentencing hearing is scheduled to start Dec. 6, a day to present final evidence and additional arguments regarding objections to the pre-sentence report, according to court records. On Dec. 17, the court will issue a ruling and sentence, according to court records.

“The government did not file its mandatory filing on November 15 (21 days before Dec. 6). Instead they filed it late, on Nov. 20, leaving Mr. Snyder with two days to file his response in compliance with the dates ordered by the court,” according to Bennett’s response.

Bennett requested that the prosecutor’s sentencing memo “should be struck” and for guidance from the court “regarding when he should file a sentencing memorandum," according the response.

Prosecutors argued that three weeks prior to Dec. 17, Snyder’s sentencing, is Nov. 26, and they planned to file the sentencing memorandum that day.

“However, earlier today defense counsel contacted the government claiming its memorandum was overdue and should have been filed on Nov. 15,” according to the sentencing memorandum. “Although the government disagrees with defense counsel ... it nonetheless agreed to file its sentencing memorandum (Nov. 20).”

In February, Snyder, 41, was convicted of taking a $13,000 bribe in exchange for contracts to sell five garbage trucks to the city and using a shell company to hide income and assets from the IRS while owing back personal and business taxes. The jury acquitted Snyder of a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

Snyder has agreed to forfeit $13,000 to the federal government, documents said.

The U.S. Attorney’s Office for the Northern District of Illinois, which oversaw the prosecution, said that Snyder could face up to 10 years in prison on the bribery charge, and up to three years in prison on the obstruction charge.

The U.S. Attorney’s Office for the Northern District of Indiana was recused from the case, absent two prosecutors, as U.S. Attorney Thomas Kirsch II previously represented Snyder.

Snyder, a Republican, was indicted in November 2016 and charged with allegedly violating a federal bribery statute and obstruction or impeding the IRS.

Prosecutors said that when Snyder ran for mayor in 2011, he told residents he planned to automate Portage’s trash pickup, but wound up steering contracts for $712,882.50 and another for $425,355 to Great Lakes Peterbilt, which was then owned by Robert and Stephen Buha.

Defense attorneys say that Snyder used his experience in offering health insurance to city employees through the Affordable Care Act, and making technology upgrades to advice Great Lakes Peterbilt about making similar changes.

A second count said that Snyder, while owing tens of thousands of dollars to the IRS, funneled income through a shell company, and failed to disclose any of those assets to the IRS.

In September, Snyder’s sentencing date had been pushed back a second time from Sept. 24 to two days in December “to allow time to rule on the pending post-trial motions,” according to court records.

On Dec. 6, the court will give the parties an opportunity to present evidence and any additional arguments regarding their objections to the pre-sentence report and sentencing factors, according to a court order.

On Dec. 17, the court will issue a ruling regarding the objections to the pre-sentence report and will announce Snyder’s sentence, according to the court order.

Federal prosecutors said Snyder allegedly solicited money from co-defendant John Cortina, of Kustom Auto Body in Portage, and “Individual A” and gave them a towing contract for Portage.

Cortina, 80, in January pleaded guilty to a charge that he paid bribes to Snyder to get a spot on the tow list. Cortina did not testify during the trial, invoking his Fifth Amendment right to not incriminate himself, according to court documents.

Snyder has maintained his innocence during the more than two years since he was indicted.

Following Snyder’s sentencing delay, Cortina, who was indicted alongside the mayor, requested his sentencing be reset to Jan. 10.