07072020 - News Article - Lawyers set to argue if new trial's in the case for Snyder

Lawyers set to argue if new trial's in the case for Snyder

NWI Times

July 07, 2020

https://www.nwitimes.com/news/laywers-set-to-argue-if-new-trials-in-the-case-for-snyder/article_baba0bef-a56e-53b6-938f-41b188f487f2.html

HAMMOND — A federal judge has scheduled a hearing July 24 on whether former Portage Mayor James E. Snyder must go through a second trial on a bribery allegation.

U.S. District Court Judge Theresa L. Springmann set the matter for a hearing following a status hearing Monday in the nearly four-year-old case

Snyder’s defense team, led by Jackie M. Bennett Jr. of Indianapolis, argues the government should be barred from trying Snyder again under the U.S. Constitution’s prohibition against double jeopardy.

A federal grand jury indicted Snyder Nov. 17, 2016.

A federal court jury convicted Snyder last year of soliciting bribes from a Portage truck dealership in return for lucrative city business. Jurors also convicted him of federal tax violations.

However, U.S. District Court Judge Joseph Van Bokkelen, who presided over the first three years of the case, overturned the bribery verdict last November.

Van Bokkelen ruled trial strategies by federal prosecutors, which he called gamesmanship, resulted in the intimidation of essential defense witnesses — the truck dealership’s former owners.

The owners refused to take the witness stand, to testify on Snyder’s behalf, for fear they might be charged with criminal conduct.

Government prosecutors deny they committed any misconduct and demand Snyder face trial before a new jury.

The defense argues the prosecution’s impermissible gamesmanship requires a judicial order protecting Snyder from a new trial.

Judge Springmann took over the case seven months ago and will hear arguments from the defense and prosecution before ruling on whether a second trial would involve double jeopardy.

07062020 - News Article - Snyder friend fined $12,000 in case that took down mayor

Snyder friend fined $12,000 in case that took down mayor

NWI Times

Jul 6, 2020

https://www.nwitimes.com/news/local/porter/portage/snyder-friend-fined-12-000-in-case-that-took-down-mayor/article_c7c0c82b-5714-5594-af6a-7e46e511f956.html#tracking-source=article-related-bottom

HAMMOND — A political supporter and co-defendant of former Portage Mayor James Snyder has gotten off with only a fine for bribery.

U.S. District Court Judge Joseph Van Bokkelen imposed a $12,000 fine Wednesday afternoon on 80-year-old John Cortina.

The judge, who gave Cortina credit for having already served one day in jail, chose not to impose an additional period of jail or probation, although federal sentencing guidelines would have justified that.

Cortina, who has run the Kustom Auto Body in Portage for decades, pleaded guilty a year ago to paying what he claimed was a bribe of thousands of dollars in January 2016 to Snyder to win a towing contract with the city of Portage.

A federal grand jury indicted Cortina and Snyder in 2016 on a felony bribery count alleging Cortina made the payment to get on the city's list of towing vendors. Cortina and an FBI undercover informant supplied the money.

The case went to trial last year, and a jury acquitted Snyder of soliciting Cortina's alleged bribe.

Witness and lawyers for Snyder told jurors the $12,000 was a legitimate political contribution and Cortina always was eager to donate money and services to the city.

The same jury did find Snyder guilty of taking a $13,000 bribe from a Portage truck firm seeking city business. The jury also found Snyder guilty of evading federal taxes due by the former mayor's private business.

Van Bokkelen, who had presided over the case from the beginning, sounded relieved that Cortina's sentencing was the last act he would perform in it.

"I can't think of another case where more has gone wrong," Van Bokkelen said.

Snyder's trial was preceded by months of contentious arguments between Snyder's defense team and federal prosecutors on whether federal investigators violated Snyder's rights by tapping into email traffic between Snyder, his former defense attorney and others.

Snyder defense team then pursued an aggressive campaign to overturn the guilty verdicts on the remaining bribery and tax counts, claiming there wasn't enough evidence for the jury to convict and prosecutorial misconduct denied Snyder the right to a fair trial.

Van Bokkelen last November overturned the bribery verdict on the $13,000 payment and ordered a new trial for Snyder, citing irregularities by the federal prosecutors.

Van Bokkelen then bowed out of Snyder's case, which is now being overseen by U.S. District Court Judge Theresa Springmann.

Snyder attorneys have been seeking dismissal of that bribery charge and acquittal of tax evasion allegations against Snyder.

Springmann denied their request earlier this week. Federal prosecutors have asked for some time to reconsider whether to proceed further with the bribery count or dismiss it.

07062020 - News Article - New trial set for former Portage mayor on bribery charge

New trial set for former Portage mayor on bribery charge

NWI Times

Jul 6, 2020

https://www.nwitimes.com/news/new-trial-set-for-former-portage-mayor-on-bribery-charge/article_022e4952-e766-5454-943c-cf2f30e56b25.html#tracking-source=article-related-bottom

HAMMOND — A new trial has been set for former Portage Mayor James Snyder following a lengthy legal battle that has resulted in both an acquittal and conviction on multiple corruption charges.

U.S. District Judge Theresa Springmann on Tuesday refused to dismiss two felony counts against Snyder, ruling that he may face a new trial on a bribery charge and will remain guilty of tax evasion.

Attorneys and Springman agreed Friday to set the date for Snyder’s new trial on the bribery charge for March 23, and expect it to last 10 to 12 days, according to court records.

Snyder was first charged in November 2016 by federal prosecutors with two bribery counts and one tax evasion count.

A jury heard the case between Jan. 14, 2019, and Feb. 14, 2019. Jurors ended up acquitting Snyder of one bribery count, which alleged that he corruptly arranged for the city of Portage to award public vendor contracts for towing services. However, Snyder was found guilty of a bribery count accusing him of corruptly arranging for Portage to award garbage truck purchases.

He was also convicted of obstructing the Internal Revenue Service’s collection of income taxes by falsifying documents.

On Nov. 27 U.S. District Court Judge Joseph Van Bokkelen ruled that Snyder deserved a new trial on the garbage truck bribery charge, and upheld his conviction on the tax evasion charge. 

Springmann took over the case in December and declined to upset Van Bokkelen's ruling, citing federal case law that encourages a new judge to abide by the decision of the first judge.

Prior to his ruling, Snyder's attorneys had pressed Van Bokkelen to overturn the convictions and find him not guilty or grant him a new trial. The defense argued there was insufficient evidence to support the guilty verdicts and that misconduct by prosecutors denied Snyder a fair trial. 

Van Bokkelen said "gamesmanship" by the prosecution prevented the jury from hearing testimony from the former owners of the garbage truck dealership. 

Although Van Bokkelen upheld the tax count, Snyder’s lawyers argued to Springmann the government failed to prove Snyder committed any violations still punishable under the statute of limitations, which sets the deadline for the government to file charges.

Springmann let stand Van Bokkelen's decision last year that Snyder's misrepresentations to the IRS were timely charged and there is enough evidence for a jury to find Snyder guilty of corruptly obstructing tax collections.