Wednesday, November 25, 2020

11252020 - News Article - Former Portage mayor says delays justify dropping his federal bribery case






Former Portage mayor says delays justify dropping his federal bribery case
NWI Times
November 25, 2020



HAMMOND — Former Portage Mayor James Snyder is seeking have his pending federal bribery case dismissed, arguing that his rights to a speedy trial have been violated, according to a new court filing.

The move came Thursday, the same day U.S. District Judge Matthew Kennelly of the Northern District of Illinois was appointed to oversee the case after U.S. District Court Judge Theresa Springmann again recused herself.

"Even if Mr. Snyder’s retrial began on January 30, 2021 — the first day available after the District’s General Order 2020-32 expires — it would be outside the 70-day window provided by the Speedy Trial Act," according to a filing by Snyder's defense team.

The team of attorneys argue the act cited mandates dismissal and there is "compelling circumstances" calling for dismissal without the right to refile the charge.

"In addition, a trial on a count taking place eight years after much of the relevant conduct occurred, more than four years after the indictment was returned, two years after the applicable statute of limitations lapsed, and more than a year after a new trial was ordered, would violate Mr. Snyder’s Sixth Amendment speedy trial right," according to the motion. "Following dismissal, this case may finally proceed to sentencing on the tax count."

Snyder was indicated in late 2016 and he was found guilty in early 2019 of bribery and federal tax violations.

The bribery verdict was overturned in late 2019 and Springmann decided last month Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

It was announced Monday that Snyder's new bribery trial, which was set to begin Dec. 7, has been postponed until sometime after Jan. 29 due to concerns over threats posed by the worsening COVID-19 pandemic.

Federal prosecutors are again trying to prove Snyder solicited a bribe from two Portage businessmen.

The government alleges the then-mayor steered $1.125 million in contracts for the city of Portage to buy garbage trucks from a Portage trucking firm in 2013.

The government alleges Snyder solicited and received a $13,000 bribe from the firm’s former owners a few weeks later.

Snyder has pleaded not guilty.

His law team argues the $13,000 was a legitimate payment for consulting services Snyder provided the trucking dealership to save money on the cost of insurance and information technology.

11252020 - News Article - Feds oppose move to dismiss former Portage mayor's bribery case

 





Feds oppose move to dismiss former Portage mayor's bribery case
NWI Times
November 25, 2020



HAMMOND — Federal prosecutors are rejecting claims by former Portage Mayor James Snyder that his bribery case should be dismissed because his right to a speedy trial has been violated.

When trials are postponed beyond the initial 70-day setting from arraignment, the additional time is excluded from the Speedy Trial Act cited last week by Snyder's legal team, according to a motion filed by Jill Koster, assistant U.S. attorney for the Northern District of Indiana.

The recent delay in Snyder's case was consistent with this practice, except that U.S. District Court Judge Theresa Springmann did not set a new trial date because she was unfamiliar with this court's calendar and did not know when the current swell in COVID-19 cases would subside enough to allow for a safe jury trial, the motion reads.

Snyder sought the dismissal Thursday, the same day U.S. District Judge Matthew Kennelly of the Northern District of Illinois was appointed to oversee the case after Springmann again recused herself.

"Even if Mr. Snyder’s retrial began on January 30, 2021 — the first day available after the District’s General Order 2020-32 expires — it would be outside the 70-day window provided by the Speedy Trial Act," according to a filing by Snyder's defense team.

A status hearing on Snyder's case is scheduled for later Wednesday morning.

Snyder's team of attorneys argue the Speedy Trial Act mandates dismissal and there is "compelling circumstances" calling for dismissal without the right to refile the charge.

"In addition, a trial on a count taking place eight years after much of the relevant conduct occurred, more than four years after the indictment was returned, two years after the applicable statute of limitations lapsed, and more than a year after a new trial was ordered, would violate Mr. Snyder’s Sixth Amendment speedy trial right," according to the motion. "Following dismissal, this case may finally proceed to sentencing on the tax count."

Snyder was indicted in late 2016 and was found guilty in early 2019 of bribery and federal tax violations.

The bribery verdict was overturned in late 2019, and Springmann decided last month Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

It was announced Nov. 16 that Snyder's new bribery trial, which was set to begin Dec. 7, has been postponed until sometime after Jan. 29 due to concerns over threats posed by the worsening COVID-19 pandemic.

Federal prosecutors are again trying to prove Snyder solicited a bribe from two Portage businessmen.

The government alleges the then-mayor steered $1.125 million in contracts for the city of Portage to buy garbage trucks from a Portage trucking firm in 2013.

The government alleges Snyder solicited and received a $13,000 bribe from the firm’s former owners a few weeks later.

Snyder has pleaded not guilty.

His law team argues the $13,000 was a legitimate payment for consulting services Snyder provided the trucking dealership to save money on the cost of insurance and information technology.

11252020 - News Article - Retrial in ex-Portage Mayor James Snyder’s case pushed to March due to concerns about holding a jury trial amid pandemic






Retrial in ex-Portage Mayor James Snyder’s case pushed to March due to concerns about holding a jury trial amid pandemic
POST-TRIBUNE 
NOV 25, 2020



The retrial date for former Portage Mayor James Snyder, facing a soliciting bribes charge, has been pushed to March, because of concerns in protecting jurors and courtroom officials amid the COVID-19 pandemic.

U.S. District Court Judge Matthew Kennelly, with the Northern District of Illinois, will now preside over Snyder’s case, after U.S. District Court Chief Judge Theresa Springmann recused herself due to a family emergency.

On Nov. 13, Springmann pushed the trial to “sometime on or after” Jan. 29 following a state general order postponing jury trials through that date. On Wednesday, Kennelly set a jury trial for March 8 because of the recent rise in COVID cases in Indiana.

“I’m not really convinced this is going to safe and feasible from a standpoint of protecting jurors … and lawyers, litigants and court staff,” Kennelly said.

Snyder’s attorney, Jackie Bennett Jr., said he’d be in favor of a bench trial but that he hadn’t discussed it with prosecutors. Kennelly said both sides would have to agree to a bench trial, but whether it is a jury trial or a bench trial “is a matter of indifference to” him.

Assistant U.S. Attorney Jill Koster asked the judge to reconsider the order for a new trial on the soliciting bribes charge. Kennelly said Judge Joseph Van Bokkelen granted a new trial and that he wouldn’t overturn that decision.

“The trial was unfair, and there should be a new trial on this one charge,” Kennelly said.

Snyder’s attorney’s filed a motion Nov. 19 to dismiss the retrial on speedy trial grounds, arguing that any retrial date set after Jan. 30 would be outside the 70-day window provided by the Speedy Trial Act since Nov. 27, 2019, when the new trial order was issued. Prosecutors were given until Dec. 3 to respond to the motion Wednesday.

Snyder’s attorneys have argued that the soliciting bribe charge should be dismissed on the double jeopardy standard because Robert and Steve Buha, former owners of Great Lakes Peterbilt, were granted immunity with “no-notice, mid-trial” following a grand jury testimony that took “the court completely by surprise,” according to court records. With their testimony, “there is a strong likelihood that Mr. Snyder would have been acquitted,” according to court records filed by the defense.

Additionally, Snyder’s attorneys have argued in the filing that the court should use its supervisory power to acquit him because the prosecutors “deprived Mr. Snyder of eyewitnesses as to what happened between him and the Buhas … much of the evidence he had expected to place before the jury.”

Snyder, who was indicted in November 2016, 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 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 show.

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, 81, 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.

Cortina was sentenced Jan. 22 to time served and a $12,000 fine.

Friday, November 20, 2020

11202020 - News Article - Former Portage mayor's new bribery trial postponed by COVID pandemic

 




Former Portage mayor's new bribery trial postponed by COVID pandemic
NWI Times
November 20, 2020



HAMMOND — Former Portage Mayor James Snyder's new bribery trial, which was set to begin Dec. 7, has been postponed until sometime after Jan. 29 due to concerns over threats posed by the growing COVID-19 pandemic.

"Based on the current conditions of Lake and Porter County, it is not possible to summon a pool of potential jurors and conduct a jury trial in a manner that does not expose potential jurors, counsel, court staff, and litigants to substantial and unacceptable health risks, specifically, the danger of becoming infected with COVID-19," U.S. District Court Judge Theresa Springmann said in an order issued Monday.

The judge said she will set a new trial at a later date.

"There may be cases where, even in light of the risks associated with conducting a jury trial during the pandemic, the Court would have no choice but to proceed," the order reads. "However, in this case, the Defendant is not in custody and the parties have presented no reason that compels the undersigned to exercise her discretion and continue with the trial as scheduled."

Federal prosecutors are again trying to prove Snyder, a Republican, solicited a bribe from two Portage businessmen.

The government alleges the then-mayor corruptly steered $1.125 million in contracts for the city of Portage to buy garbage trucks from a Portage trucking firm in 2013.

The government alleges Snyder solicited and received a $13,000 bribe from the firm’s former owners a few weeks later.

Snyder has pleaded not guilty.

His law team argues the $13,000 was a legitimate payment for consulting services Snyder provided the trucking dealership to save money on the cost of insurance and information technology.

Snyder was indicated in late 2016 and he was found guilty in early 2019 of bribery and federal tax violations.

The bribery verdict was overturned in late 2019 and Springmann decided last month Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

"Jury trials are the most dangerous court proceeding because they require dozens of individuals to gather in close proximity, in courtrooms with limited ventilation, for an extended period of time," the judge said. "Complex, multi-day trials, like the Defendant’s trial, pose additional risks because they require the gathering of a greater number of people, as the Court must summon more prospective jurors for voir dire and the litigants generally call more witnesses to testify. Additionally, multi-day trials necessarily require the litigants and jurors to return to the courthouse every day, which further increases the risk that someone unknowingly contracts COVID-19 and spreads the virus to the other trial participants."

Springmann cites the high COVID-19 rates in Lake and Porter counties where the federal court draws its jurors.

Friday, November 13, 2020

11132020 - News Article - Bribery retrial for former Portage Mayor James Snyder pushed to January

 




Bribery retrial for former Portage Mayor James Snyder pushed to January
Chicago Tribune
November 13, 2020



The retrial date for former Portage Mayor James Snyder, facing a soliciting bribes charge, has been pushed back to late January because the presiding judge has a family emergency.

During a brief Friday afternoon status conference, U.S. District Court Chief Judge Theresa Springmann, in Hammond, informed the prosecutors and defense attorneys that the case will be pushed to “sometime on or after” Jan. 29. A court order will be issued Monday with further details.

A jury trial was initially set for Dec. 7 by Springmann after she denied a motion to dismiss the bribery charge. On Nov. 6, Springmann recused herself from the case, but was reinstated to the case Tuesday.

During a pretrial conference Friday morning, Magistrate Judge John Martin heard from Assistant U.S. Attorney Jill Koster and Snyder’s attorney, Jackie Bennett Jr., about what motions they plan to file ahead of trial.

The prosecution will file motions to exclude evidence, motion to admit evidence and a motion to remove language from the indictment, Koster said. Martin set deadlines of Nov. 18 for the prosecution motions and Nov. 23 for the defense to respond.

The defense attorneys will file a motion for immunity hearing regarding Robert and Steve Buha, former owners of Great Lakes Peterbilt. Martin set a deadline of Nov. 17 for the defense to file the motion and Nov. 19 for prosecutors to respond.

It is unclear how the deadlines will be impacted by the new trial date.

Snyder’s attorneys have argued that the soliciting bribe charge should be dismissed on the double jeopardy standard because the Buha brothers were granted immunity with “no-notice, mid-trial” following a grand jury testimony that took “the Court completely by surprise,” according to court records. With their testimony, “there is a strong likelihood that Mr. Snyder would have been acquitted,” according to court records filed by the defense.

Additionally, Snyder’s attorneys have argued in the filing that the court should use its supervisory power to acquit him because the prosecutors “deprived Mr. Snyder of eyewitnesses as to what happened between him and the Buhas ... much of the evidence he had expected to place before the jury.”

Springmann denied both grounds for dismissing the case in October.

Snyder, who was indicted in November 2016, 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 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, 42, has agreed to forfeit $13,000 to the federal government, documents show.

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, 81, 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.

Cortina was sentenced Jan. 22 to time served and a $12,000 fine.

11132020 - News Article - ‘A dark cloud over the city’: After 4 years, Portage still awaits resolution in former mayor’s bribery case

 




‘A dark cloud over the city’: After 4 years, Portage still awaits resolution in former mayor’s bribery case
Chicago Tribune
November 13, 2020



Four years ago, the U.S. Attorney’s Office in Hammond announced sweeping indictments of two prominent local officials and their associates.

In the catch were now former Lake County Sheriff John Buncich and James Snyder, Portage’s mayor at the time.

Buncich was convicted by a federal jury in August 2017 of bribery and other charges and was sentenced to more than 15 years in prison. According to the Federal Bureau of Prisons website, Buncich, 74, incarcerated at Oklahoma City Federal Transfer Center, has a scheduled release date of Oct. 4, 2028.

Snyder’s case, on the other hand, continues through the federal court system in a series of starts and stops.




A federal jury convicted Snyder in February 2019 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 from the IRS when he owed personal and business taxes. A jury acquitted Snyder on a third count, alleging he took a $12,000 bribe to get a company on the city’s tow list.

A federal judge has granted Snyder a new trial on the bribery charge, though the conviction involving the IRS still stands.

On Friday, U.S. District Court Chief Judge Theresa Springmann, who in recent days recused and then reinstated herself in the case, pushed Snyder’s trial back to late January because she has a family emergency.

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

Current and former Portage officials, likely representing the feelings of others in the community and beyond, would like to see the case resolved in some fashion so everyone can move forward and said the case as it stands now has a lasting impact on the city, whether it’s quantifiable or not.




“I think it’s a dark cloud over the city,” said Mayor Sue Lynch, a City Councilwoman at the time of Snyder’s conviction who, as president of the council, served briefly as mayor before John Cannon, also on the council and, like Snyder, a Republican, was selected by caucus to finish Snyder’s term through the end of last year. Lynch, a Democrat, won election to the city’s top post against Cannon a year ago.

“People in general don’t trust elected public officials so things like this, no matter how it turns out, hurts us trying to do a good job,” she continued.

Snyder declined to comment for this story and his lead attorney, Jackie Bennett Jr. of Indianapolis, did not return a request for comment.




Cannon, however, blamed the federal government for the delays in the case and noted Snyder’s achievements during his two-plus terms in office.

“Even if he’s guilty, and I’m praying that’s not the case, the powers that be dragged this thing out,” he said. “If you look back nine years ago, the transformation that the city went through, it’s all positive.”

Those accomplishments, he said, include the development of Founders Square, including a splash pad and amphitheater; roadwork throughout the city, done in part through the passage of a controversial wheel tax; new police and fire stations; automation of the city’s garbage trucks, which brought down the city’s worker compensation costs; and an open-air pavilion at the lakefront, among other projects.

“All these things are the impact of James Snyder and me finishing his term,” Cannon said.

If the charges against Snyder are dropped or successfully appealed later, he added, the city will be responsible for paying Snyder’s attorney fees.

“That would impact the community and that’s nobody’s fault in Portage. It’s nobody’s fault in the community,” Cannon said, adding if Snyder is cleared of the charges, that fault falls on whoever called in federal authorities to investigate the mayor.

Snyder had relied heavily on his campaign fund from his run for mayor to offset his legal fees. The once-robust fund, which a 2017 campaign finance fund annual report showed had about $102,000 in contributions and expenditures, including $41,000 in legal fees, had dwindled to a balance of $233.41 at the start of this year.

Much of the activity in and out of the fund ceased around mid-February of 2019, when Snyder was convicted and forced out of office.

Expenditures included $5,000 for legal fees for Bennett, paid out March 5, 2019. They also include more than $4,400 in hotel expenses for legal meetings; $2,300 for additional legal work; and hundreds of dollars for restaurant bills for legal meetings, including a tab of almost $500 at Gino’s Steakhouse in Merrillville, paid in January of last year.

The campaign owed $8,949.29. Of that, $6,000 was owed to John Cortina, who pleaded guilty to a federal bribery charge involving Snyder and was sentenced to time served, a $12,000 fine and probation. The remainder of the debt was owed to Snyder.

Cortina pleaded guilty to the one charge the jury found Snyder not guilty on. The attorney in his case, Kevin Milner, declined to comment. A woman who answered the phone at Kustom Auto Body in Portage and identified herself as Cortina’s wife declined to put a Post-Tribune reporter in touch with him for this story.

“I don’t think he wants to get involved with this again,” she said before hanging up.

Other former city officials, though not ensnared in the federal investigation, suffered their own twist of fate.

Former Clerk-Treasurer Christopher Stidham was charged in February in Porter Superior Court with a felony for official misconduct, the same day a special audit conducted by the State Board of Accounts determined Stidham allegedly paid his then-girlfriend’s various businesses to perform bookkeeping services on contract with his office. The total was $58,416.16 for the two years in question.

He is scheduled for a change of plea hearing on Nov. 20 before Porter Superior Court Judge Jeffrey Clymer.

That case, like those in federal court, appears close to a resolution while Snyder’s case lingers, though Lynch said she and her administration continue to look and move forward.

“It’s very unfortunate that it’s still dragging on,” she said. “We’re just interested in seeing justice prevail here and it’s so slow moving. I just want to see for our city that dark cloud go away.”

Wednesday, November 11, 2020

11112020 - News Article - Federal judge opts to keep former Portage mayor's bribery case in latest twist

 




Federal judge opts to keep former Portage mayor's bribery case in latest twist
Clarion Princeton Daily
Bob Kasarda, NWI Times
Nov 11, 2020



HAMMOND — The ongoing public corruption case against former Portage Mayor James Snyder has taken yet another twist with the federal judge vacating an order from just days ago recusing herself from the case, according to court records.

U.S. District Court Judge Theresa Springmann does not explain her decision to keep the case, but scheduled a telephone status hearing for Friday afternoon.

The new bribery trial still is slated to begin Dec. 7, court records show.

Springmann issued the order Friday recusing herself from Snyder's case, just a few days after scheduling the trial date.

"The court finds that the speedy administration of justice requires that this case be reassigned," she said in the order.

She then vacated that recusal order Tuesday.

Snyder did not immediately respond Wednesday morning for comment on the latest development in his case.

Joseph D. Fitzpatrick, assistant U.S. attorney for the Northern District of Illinois, had declined comment Monday on the judge's recusal.

The U.S. Attorney's Office for the Northern District of Indiana is reportedly already recused from the case.

Federal prosecutors are again trying to prove Snyder solicited a bribe from two Portage businessmen.

The government alleges the then-mayor corruptly steered $1.125 million in contracts for the city of Portage to buy garbage trucks from a Portage trucking firm in 2013.

The government alleges Snyder solicited and received a $13,000 bribe from the firm’s former owners a few weeks later.

Snyder has pleaded not guilty.

His law team argues the $13,000 was a legitimate payment for consulting services Snyder provided the trucking dealership to save money on the cost of insurance and information technology.

The U.S. attorney’s office indicted Snyder in late 2016.

A federal jury found Snyder guilty in early 2019 of bribery and federal tax violations.

Another judge in the case overturned the bribery verdict in late 2019 on grounds Snyder deserved a new trial because he was denied the chance of calling for the testimony of the trucking firm's then-owners, brothers Bob and Steve Buha, that they didn’t bribe Snyder.

The brothers wouldn’t take the witness stand during the 2019 trial on fears they might be criminally charged themselves if they supported Snyder and contradicted the government accusations.

Springmann decided last month Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

Springmann indicated the upcoming trial could last between seven and 10 days.

Tuesday, November 10, 2020

11102020 - News Article - Judge recuses herself from Portage mayor's bribery retrial

 




JUDGE RECUSES HERSELF FROM PORTAGE MAYOR'S BRIBERY RETRIAL
WLFI News
November 10, 2020



HAMMOND, Ind. (AP) — A federal judge has recused herself from the bribery case of a former northwestern Indiana mayor only days after setting a date for his retrial in that case.

U.S. District Court Chief Judge Theresa Springmann in Hammond recused herself Friday from former Portage Mayor James Snyder's retrial. That means another judge — the third in the case — will have to be appointed to oversee the retrial, the Post-Tribune reported.

On Nov. 2, Springmann had scheduled Dec. 7 as the start for Snyder's retrial on a soliciting bribes charge which alleges that he solicited a bribe from two local businessmen.

A federal jury convicted Snyder in February 2019 of bribery and federal tax violations, but the bribery verdict was later overturned. Another judge ruled that Snyder deserved a new trial because he was denied the chance of calling brothers Bob and Steve Buha to testify that they didn’t bribe him.

The case was reassigned to Springmann in December 2019, according to court records.

Last month, Springmann decided that Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

Prosecutors allege Snyder corruptly steered $1.125 million in contracts for the city of Portage to buy garbage trucks from a Portage trucking company in 2013, when the Buha brothers were its owners.

The government alleges Snyder solicited and received a $13,000 bribe from the brothers a few weeks later.

Snyder has pleaded not guilty.

Monday, November 9, 2020

11092020 - News Article - Judge backs out less than a week after setting bribery trial for former Portage mayor

 




Judge backs out less than a week after setting bribery trial for former Portage mayor
Clarion Princeton Daily 
Nov 9, 2020



HAMMOND — Less than a week after a federal judge set a Dec. 7 date for the new bribery trial of Portage Mayor James Snyder, the case is being reassigned, according to court records.

"The court finds that the speedy administration of justice requires that this case be reassigned," according to an order filed Friday by U.S. District Court Judge Theresa Springmann.

No action had been taken as of Monday morning.

Springmann had been assigned to oversee the trial, during which time federal prosecutors again will try to prove Snyder solicited a bribe from two Portage businessmen.

Joseph D. Fitzpatrick, assistant U.S. attorney for the Northern District of Illinois, declined comment Monday on the judge's recusal.

The U.S. attorney's office for the Northern District of Indiana is reportedly already recused from the case.

Snyder could not be immediately reached Monday for comment.

The government alleges the then-mayor corruptly steered $1.125 million in contracts for the city of Portage to buy garbage trucks from a Portage trucking firm in 2013.

The government alleges Snyder solicited and received $13,000 bribe from the firm’s former owners a few weeks later.

Snyder has pleaded not guilty.

11092020 - News Article - Judge in ex-Portage Mayor James Snyder’s bribery case recuses herself; trial was to start Dec. 7






Judge in ex-Portage Mayor James Snyder’s bribery case recuses herself; trial was to start Dec. 7
POST-TRIBUNE
NOV 09, 2020 



A third judge will be appointed to determine the outcome in the case against former Portage Mayor James Snyder.

U.S. District Court Chief Judge Theresa Springmann recused herself from the case Friday. The case was reassigned to Springmann from Judge Joseph Van Bokkelen in December 2019, according to court records.

On Nov. 2, Springmann set a jury trial date for Dec. 7 in Snyder’s retrial on a soliciting bribes charge, according to court records.

Springmann previously denied a motion to dismiss the bribery charge on double jeopardy grounds and supervisory power of the court.

Snyder’s attorneys argued that the double jeopardy standard applies in this case because brothers Robert and Steve Buha, former owners of Great Lakes Peterbilt, were granted immunity with “no-notice, mid-trial” following a grand jury testimony that took “the Court completely by surprise,” according to Snyder. With their testimony, “there is a strong likelihood that Mr. Snyder would have been acquitted,” Snyder’s lawyers argue.

Additionally, Snyder’s attorneys argued in the filing that the court should use its supervisory power to acquit him because the prosecutors “deprived Mr. Snyder of eyewitnesses as to what happened between him and the Buhas ... much of the evidence he had expected to place before the jury.”

Springmann issued an order denying the motion to dismiss the charge on double jeopardy grounds because there is no proof of misconduct in how the prosecution handled the Buha brothers' testimony.

Springmann ruled that the prosecutors stated they do "not believe that (the Buha brothers) have been truthful,” which “fall short of the obviously threatening conduct that other courts have deemed to be witness intimidation,” according to court records.

Snyder, who was indicted in November 2016, 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 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, 42, has agreed to forfeit $13,000 to the federal government, documents show.

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, 81, 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.

Cortina was sentenced Jan. 22 to time served and a $12,000 fine.


Saturday, November 7, 2020

11072020 - News Article - Ex-Northwest Indiana Mayor Faces Retrial On Bribery Charge

 




Ex-Northwest Indiana Mayor Faces Retrial On Bribery Charge
ASSOCIATED PRESS
November 7, 2020



A federal judge in Hammond scheduled former Portage Mayor James Snyder’s trial for Dec. 7 on the soliciting bribes charge. (WFIU/WTIU News)

A former northwestern Indiana mayor is facing a December retrial on a federal charge alleging that he solicited a bribe from two local businessmen.

A federal judge in Hammond scheduled former Portage Mayor James Snyder’s trial for Dec. 7 on the soliciting bribes charge. During that trial, federal prosecutors will again try to convince a jury that Snyder solicited a bribe from brothers Bob and Steve Buha.

A federal jury convicted Snyder in February 2019 of bribery and federal tax violations, but the bribery verdict was later overturned. Another judge ruled that Snyder deserved a new trial because he was denied the chance of calling the brothers to testify that they didn’t bribe Snyder.

The brothers wouldn’t take the witness stand during Snyder’s 2019 trial on fears they might be criminally charged themselves if they supported Snyder and contradicted the government accusations, The (Northwest Indiana) Times reported.

Prosecutors allege Snyder corruptly steered $1.125 million in contracts for the city of Portage to buy garbage trucks from the Portage trucking company in 2013, when the Buha brothers were its owners.

The government alleges Snyder solicited and received a $13,000 bribe from the brothers a few weeks later.

Snyder pleaded not guilty to the charge. His legal team argues the $13,000 was a legitimate payment for consulting services Snyder provided the trucking dealership to save money on the cost of insurance and information technology.

U.S. District Court Judge Theresa L. Springmann decided last month that Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

11072020 - News Article - Ex-northwest Indiana mayor faces retrial on bribery charge

 





Ex-northwest Indiana mayor faces retrial on bribery charge
FOX 32 News
November 07, 2020


HAMMOND, Ind. - A former northwestern Indiana mayor is facing a December retrial on a federal charge alleging that he solicited a bribe from two local businessmen.

A federal judge in Hammond scheduled former Portage Mayor James Snyder’s trial for Dec. 7 on the soliciting bribes charge. During that trial, federal prosecutors will again try to convince a jury that Snyder solicited a bribe from brothers Bob and Steve Buha.

A federal jury convicted Snyder in February 2019 of bribery and federal tax violations, but the bribery verdict was later overturned. Another judge ruled that Snyder deserved a new trial because he was denied the chance of calling the brothers to testify that they didn’t bribe Snyder.

The brothers wouldn’t take the witness stand during Snyder’s 2019 trial on fears they might be criminally charged themselves if they supported Snyder and contradicted the government accusations, The (Northwest Indiana) Times reported.

Prosecutors allege Snyder corruptly steered $1.125 million in contracts for the city of Portage to buy garbage trucks from the Portage trucking company in 2013, when the Buha brothers were its owners.

The government alleges Snyder solicited and received a $13,000 bribe from the brothers a few weeks later.

Snyder pleaded not guilty to the charge. His legal team argues the $13,000 was a legitimate payment for consulting services Snyder provided the trucking dealership to save money on the cost of insurance and information technology.

U.S. District Court Judge Theresa L. Springmann decided last month that Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

Thursday, November 5, 2020

11052020 - News Article - Bribery retrial set for former Portage Mayor James Snyder

 




Bribery retrial set for former Portage Mayor James Snyder
POST-TRIBUNE 
NOV 05, 2020 



A jury trial has been set for Dec. 7 as former Portage Mayor James Snyder is retried on a soliciting bribes charge, according to court records.

Last month, U.S. District Court Chief Judge Theresa Springmann, in Hammond, denied a motion to dismiss the bribery charge on double jeopardy grounds and another motion to dismiss the bribery charge on supervisory power of the court. Springmann ordered a Nov. 2 conference in the case.

Snyder’s attorneys argued that the double jeopardy standard applies in this case because brothers Robert and Steve Buha, former owners of Great Lakes Peterbilt, were granted immunity with “no-notice, mid-trial” following a grand jury testimony that took “the Court completely by surprise,” according to Snyder. With their testimony, “there is a strong likelihood that Mr. Snyder would have been acquitted,” Snyder’s lawyers argue.

Additionally, Snyder’s attorneys argued in the filing that the court should use its supervisory power to acquit him because the prosecutors “deprived Mr. Snyder of eyewitnesses as to what happened between him and the Buhas ... much of the evidence he had expected to place before the jury.”

Springmann issued an order denying the motion to dismiss the charge on double jeopardy grounds because there is no proof of misconduct in how the prosecution handled the Buha brothers' testimony.

Springmann ruled that Snyder’s attorneys do “not contend (prosecutors) attempted to threaten or intimidate the Buha brothers by meeting with them or sending them messages or other communications,” according to court records.

Springmann ruled that prosecutors stated that the government “does not believe that (the Buha brothers) have been truthful,” which “fall short of the obviously threatening conduct that other courts have deemed to be witness intimidation,” according to court records.

Snyder and his attorneys did not immediately return requests for comment.

Snyder, who was indicted in November 2016, 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 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, 42, has agreed to forfeit $13,000 to the federal government, documents show.

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, 81, 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.

Cortina was sentenced Jan. 22 to time served and a $12,000 fine.

Monday, November 2, 2020

11022020 - News Article - New trial for former Portage Mayor James Snyder set for Dec. 7

 




New trial for former Portage Mayor James Snyder set for Dec. 7
NWI Times
Nov 2, 2020 



HAMMOND — The new bribery trial of former Portage Mayor James E. Snyder is now scheduled to begin next month.

Judge Theresa L. Springmann on Monday scheduled jury selection to begin Dec. 7 for the trial during which federal prosecutors again will try to prove Snyder solicited a bribe from two Portage businessmen.

The government alleges the mayor corruptly steered $1.125 million in contracts for the City of Portage to buy garbage trucks from a Portage trucking firm in 2013.

The government alleges Snyder solicited and received $13,000 bribe from the firm’s former owners a few weeks later.

Snyder is pleading not guilty.

His law team argues the $13,000 was a legitimate payment for consulting services Snyder provided the trucking dealership to save money on the cost of insurance and information technology.

The U.S. Attorney’s office indicted Snyder in late 2016.

A federal jury found Snyder guilty in early 2019 of bribery and federal tax violations.

Another judge in the case overturned the bribery verdict in late 2019 on grounds Snyder deserved a new trial because he was denied the chance of calling for the testimony of the trucking firm's then-owners, brothers Bob and Steve Buha, that they didn’t bribe Snyder.

The brothers wouldn’t take the witness stand during the 2019 trial on fears they might be criminally charged themselves if they supported Snyder and contradicted the government accusations.

Springmann decided last month Snyder must face a new jury on the bribery charge, overruling defense arguments that a second trial was barred by the constitutional protection against double jeopardy.

Springmann indicated in her order Monday the upcoming trial could last between seven and 10 days.