01222020 - News Article - New judge denies motions to dismiss criminal counts against former Portage Mayor James Snyder

New judge denies motions to dismiss criminal counts against former Portage Mayor James Snyder
Chicago Tribune·
January 22, 2020
https://www.chicagotribune.com/suburbs/post-tribune/ct-ptb-snyder-update-st-0123-20200122-tlowtym5m5evbbfz4pvrjup2ue-story.html

A new judge in the federal public corruption case against former Portage Mayor James Snyder, who was convicted of bribery and obstructing the IRS almost a year ago, denied motions to dismiss the two counts Tuesday.

In February 2019, Snyder filed a motion for a new trial to the two counts “due to alleged prosecutorial misconduct," according to a court order. Snyder also filed a motion for acquittal because “the Government failed to present sufficient evidence from which a rational jury could find the defendant guilty” regarding corruptly interfering with the administration of the Internal Revenue Service laws, according to the order.

In November, U.S. District Court Judge Joseph Van Bokkelen denied Snyder’s motion for acquittal to both charges, according to the court order.

In December, after Chief Judge Theresa L. Springmann was reassigned to the case, Snyder filed motions to dismiss the two counts and a motion to “strike, or in the alternative, an extension of time to seek reconsideration,” on Van Bokkelen’s ruling on the corruptly soliciting bribes count, according to the court order.

Springmann issued an order Tuesday denying the motions.

Even though Snyder argues that the soliciting bribes count should be dismissed “because of purported prosecutorial misconduct," Van Bokkelen “explicitly did not find prosecutorial misconduct,” Springmann wrote. Springmann also wrote that “under the law of the case doctrine” she won’t revisit Van Bokkelen’s findings.

Snyder also argues that the IRS charges should be dismissed because of the statute of limitations, according to the court order. But, Springmann wrote, after Snyder was convicted, Van Bokkelen “held that the government presented sufficient evidence to support this conviction.”

Additionally, Springmann denied Snyder’s motion for clarification regarding the immunity status the former owners of Great Lakes Peterbilt, Robert and Steve Buha were granted, according to the order.

Springmann denied Snyder’s motion to strike sentencing memorandum because Van Bokkelen ultimately vacated the sentencing hearing, which he had previously scheduled, according to the order.

“Based upon the procedural posture of this case and the vacated sentencing hearing," Springmann also denied motions for clarification and to strike sentencing memorandum “as moot,” according to the order.

Springmann also denied a motion for order to show cause, in which Snyder requested the court “hold a hearing where the prosecution can explain why they should not be lightly censured for violating their obligations to accurately represent case law and the factual record to the court,” because Van Bokkelen “was in a far better position” to make that determination.

Snyder, 41, declined to comment on the most recent court order Wednesday.

Snyder 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 assets from the IRS while owning 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 Peterbuilt, 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.

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 2019 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. Snyder’s sentencing has been rescheduled multiple times, and a new sentencing hearing date has not been set.