Tuesday, December 28, 2021

12282021 - News Article - Ex-Portage mayor stays free from prison for appeal of bribery conviction

 




Ex-Portage mayor stays free from prison for appeal of bribery conviction
WGN News - Chicago
December 28, 2021



HAMMOND, Ind. (AP) — A former Northwest Indiana mayor is being allowed to stay out of prison while he appeals his conviction on bribery and tax evasion charges.

A federal judge ruled this past week that former Portage Mayor James Snyder had legitimate issues for appeal and could remain free on bond rather than surrender on Jan. 5 to begin serving a 21-month prison sentence.

Judge Matthew Kennelly, who took just a few minutes during a teleconference call to issue his ruling, said if Snyder’s appeal was successful, it would throw out the prison term that he ordered for Snyder in October, The (Northwest Indiana) Times reported.

A jury convicted Snyder in March of taking a $13,000 bribe in 2014 in return for steering a $1.1 million city contract for garbage trucks from a trucking company.

Snyder, a Republican, has maintained his innocence, testifying during his trial that the money was payment for consulting work that he declared on his income tax returns.

Snyder’s attorneys argued that prosecutors didn’t prove that Snyder and the trucking company owners “made a quid pro quo agreement” for awarding the garbage truck contract.

Snyder, 43, won elections as mayor in 2011 and 2015. He was indicted on the bribery charges in 2016 and was removed from office in 2019 when he was first convicted in the case. A judge later threw out that verdict, ruling that aggressive tactics by prosecutors denied Snyder a fair trial.

Monday, December 27, 2021

12272021 - News Article - Former Portage mayor James Snyder’s prison date delayed while he appeals soliciting bribes, obstruction charges

 




Former Portage mayor James Snyder’s prison date delayed while he appeals soliciting bribes, obstruction charges
The Windy City Word
December 27, 2021



Following the bids, Snyder — who was having financial trouble — went to the owners of Great Lakes Peterbilt, Stephen and Robert Buha, and asked them for money, said Assistant U.S. Attorney Jill Koster, at Snyder’s retrial. Snyder claims to have done health insurance consulting, Koster said, but no contracts were written and there was no documented proof work was done.

Sunday, December 26, 2021

12262021 - News Article - Former Portage Mayor James Snyder to stay free for appeal of bribery conviction

 




Former Portage Mayor James Snyder to stay free for appeal of bribery conviction
ABC News - Chicago
December 26, 2021

HAMMOND, Ind. -- A former northwestern Indiana mayor is being allowed to stay out of prison while he appeals his conviction on bribery and tax evasion charges.

A federal judge ruled this past week that former Portage Mayor James Snyder had legitimate issues for appeal and could remain free on bond rather than surrender on Jan. 5 to begin serving a 21-month prison sentence.

A jury convicted Snyder in March of taking a $13,000 bribe in 2014 in return for steering a $1.1 million city contract to a trucking company.

Snyder, a Republican, has maintained the money was payment for consulting work that he declared on his income tax returns.

Thursday, December 23, 2021

12232021 - News Article - Former Portage mayor dodges prison while appealing federal bribery, tax convictions

 




Former Portage mayor dodges prison while appealing federal bribery, tax convictions
NWI Times
Dec 23, 2021



HAMMOND — Former Portage Mayor James Snyder was handed an early Christmas gift Thursday morning when a federal judge granted his request to remain out on bond rather than begin serving a prison term early next month while appealing his bribery and tax violation convictions.

U.S. District Judge Matthew Kennelly said Snyder has a legitimate issue for appeal in his argument that the evidence presented during his second trial in March, "at best supported only a finding that Mr. Snyder received a gratuity and not a bribe."

"Had the government sought to convict Mr. Snyder of bribery and punish him for it, it failed," according to Snyder's successful motion for bond.

Kennelly, who took just a few minutes during a teleconference call to issue his ruling, said if Snyder is successful in his appeal, it would vacate his sentence on the charge.

Snyder had argued, "Courts have also considered the fact that a sentence of 21 months is short enough that it may be wholly or substantially served by the time the appeal is briefed, argued and decided, causing the defendant-appellant to serve time for which he may not be compensated if his appeal results in a judgment of acquittal or new trial."

Had Snyder's motion for bond not been granted, the 43-year-old Republican would have remained under an order to turn himself in Jan. 5 to begin serving a 21-month prison sentence. The sentence given to him Oct. 13 by Kennelly was well below the recommended sentencing guideline of 46 to 57 months.

Snyder, who was on the Thursday morning call, was twice found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company.

Federal prosecutors said he also obstructed the Internal Revenue Service’s efforts to collect unpaid taxes on a private mortgage company he ran.

In his motion for bond, Snyder's legal team said a gratuity is defined as "no promise or agreement before, but payment after the act," as compared to a bribe, which is "a promise or agreement to pay made before and payment before the act."

"No evidence was offered at trial that would support a finding that Mr. Snyder and the Buhas made a quid pro quo agreement to exchange money for the exercise of influence over the awarding of a contract to purchase garbage trucks," Snyder argues.

Steven and Robert Buha had owned Great Lakes Peterbilt at the time of the offense.

"The Buhas specifically and strenuously denied that they had ever offered Mr. Snyder a bribe, testifying that they had made with Snyder a consulting agreement — albeit an agreement with which they were dissatisfied concerning the advice and consulting they received in exchange for their payment," Snyder argued.

Tuesday, December 21, 2021

12212021 - You're guilty Snyder. Grab Your Toothbrush And Go To Prison For Your Crimes

 


Well if this doesn't explain Snyder's mentality when he committed his crimes - he believed he was above the law and being held accountable for his actions - probably the story of his entire life, eh. The sad part is that Snyder has no concern for what he is putting his children through as he drags this out. Can't imagine the hundreds of thousands of dollars Snyder has spent on attorney fees, instead of insuring that money was used to care for his children while he was in prison. What a selfish bastard.

And what is Snyder teaching his children about our justice system - instead of owning up to his crimes?








Former Portage Mayor Snyder hoping to avoid prison while appealing federal convictions
NWI Times
Dec 20, 2021 



HAMMOND — Former Portage Mayor James Snyder is seeking to remain out on bond rather than go to prison as scheduled Jan. 5 while he appeals his federal bribery and tax violations convictions.

The 43-year-old Republican claims in his motion that there has been an "avalanche of error" that is likely to reverse his convictions or at least result in a third trial.

"Courts have also considered the fact that a sentence of 21 months is short enough that it may be wholly or substantially served by the time the appeal is briefed, argued and decided, causing the defendant-appellant to serve time for which he may not be compensated if his appeal results in a judgment of acquittal or new trial," the motion reads.

A telephonic hearing on the 47-page motion is scheduled for the morning of Dec. 22.

Snyder was twice found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company.

Federal prosecutors say he also obstructed the Internal Revenue Service’s efforts to collect unpaid taxes on a private mortgage company he ran.

Snyder was sentenced Oct. 13 to 21 months behind bars and one year supervised release, which was well below the recommended sentencing guideline of 46 to 57 months.

U.S. District Judge Matthew Kennelly gave Snyder until Jan. 5 to surrender himself to begin his prison term.

Snyder, by way of his defense attorney Andréa E. Gambino, has filed a notice of appeal, records show.

In his latest motion, Snyder argues he has been on pretrial release since his case was filed in 2016 and he is appealing, not for the purpose of delay, "but to vindicate his innocence." He said he is not a flight risk and poses no danger to the community.

Snyder says the appellate court may find the judge abused his discretion during the first trial by failing to grant a motion for acquittal.

He argues, in part, that prosecutors left "several substantial evidentiary 'holes' in their case, leaving the jury to speculate in order to reach the government's desired conclusions."

This includes not calling Steven and Robert Buha, then-owners of Great Lakes Peterbilt, who had personal knowledge about the purpose of the $13,000 check in question, the motion says.

"This choice was purposeful and misleading," Snyder claims.

Prosecutors also failed to call Portage Superintendent of Streets and Sanitation Randy Reeder or anyone else involved in preparing the bid specifications in question, the motion says.

Snyder was first found guilty on the bribery count in early 2019, along with federal tax violations. The bribery verdict was overturned later that year and a former judge in the case ordered the retrial.

Snyder further claims the judge during the first trial erred in allowing prosecutors to use information from emails protected by attorney-client privilege.

"More than 40 e-mails that should have been identified as attorney-client privileged materials and attorney work product were turned over to and made use of by government counsel, both before the Grand Jury and during trial," the motion reads.

The appellate court may also find Snyder's attorney-client privilege and right to prepare his defense were violated by prosecutors, who had Steve Charnetzky, a former Portage streets superintendent, record a meeting between Reeder and then-city attorney Gregory Sobkowski on the topic of how to respond to a government subpoena for city documents.

The court further erred in allowing the second trial in the case and then allowing prosecutors from that first trial to remain on for the second, Snyder claims.


















Former Portage mayor keeps up fight to overcome federal convictions, looming prison time
NWI Times
Nov 3, 2021 



HAMMOND — After nearly five years of fighting and losing at two trials, former Portage Mayor James Snyder is not giving up in his attempts to overcome federal bribery and tax violations convictions.

The 43-year-old Republican, by way of his defense attorney Andréa E. Gambino, has filed a notice of appeal and says the jurisdiction is with the Court of Appeals for the Seventh Circuit, records show.

The appeal comes on the heels of Snyder's Oct. 13 day-long sentencing hearing that resulted in him receiving 21 months behind bars and one year supervised release, which was well below the recommended sentencing guideline of 46 to 57 months.

U.S. District Judge Matthew Kennelly gave Snyder until Jan. 5 to surrender himself to begin his prison term. It is not clear whether Snyder will be allowed to remain free while his appeal is pending.

In imposing the lighter sentence, Kennelly said that Snyder's offense appeared to be an "aberration" in his life.

Yet the judge, who was brought in from the Northern District of Illinois to handle the local case, rejected the defense's call for no prison time, saying the sentence was necessary as a deterrent to public corruption.

"It sends an important message," Kennelly said.

He further said probation alone would not be appropriate because Snyder had lied to investigators and sought to influence others to "defeat the truth-seeking process" in his case.

"That says something about Mr. Snyder," Kennelly said.

Current Portage Mayor Sue Lynch, a Democrat, was not happy with the sentence.

"This verdict is no vindication for the citizens of Portage and it is unfortunate that this ruling has made a mockery out of the justice system," she said when asked by The Times for comment. "To say I am disappointed in Judge Kennelly's ruling is an understatement."

Snyder was twice found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million garbage collection contract for the city of Portage to the local Great Lakes Peterbilt company.

Federal prosecutors say he also obstructed the Internal Revenue Service’s efforts to collect unpaid taxes on a private mortgage company he ran.

"We left Portage a better place," Snyder told the judge during his sentencing hearing. "The Snyders will always hold their heads up high."















Convicted twice, former Portage mayor James Snyder files appeal in his case
By ALEXANDRA KUKULKA
POST-TRIBUNE |
NOV 01, 2021 AT 2:12 PM



The former mayor of Portage has formally appealed his convictions, about two weeks after he was sentenced to nearly two years in prison and one year supervised release for his crimes.

On Oct. 13, James Snyder was sentenced to 21 months in prison for soliciting bribes and obstruction. He will have to surrender into custody Jan. 5. He was convicted in February 2019 of using a shell company to hide income assets from the IRS while owing back personal and business taxes, but never sentenced.

Snyder, 43, was indicted in November 2016, on the same day former Lake County Sheriff John Buncich was indicted on a charge of accepting bribes in a towing scheme. Buncich, 75, has been in prison in Springfield, Missouri, since early 2018, serving a 15-year sentence.

In February 2019, a jury convicted Snyder 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 on a third count that alleged he took a $12,000 bribe to get a company on Portage’s tow list.

On Nov. 27, 2019, Judge Joseph Van Bokkelen granted a new trial on the soliciting bribes charge. The retrial was heard by Judge Matthew F. Kennelly, from the Northern District of Illinois, who is the third judge to review the case.

In March, after a two-week retrial, a federal court jury found Snyder guilty of soliciting bribes. Snyder’s sentencing was moved to October in August after Snyder hired Chicago attorney Andrea Gambino — who represented ex-Calumet Township employee Ethel Shelton — to replace Jackie M. Bennett Jr., Vivek R. Hadley and Jayna M. Cacioppo, of Taft Stettinius & Hollister LLP.

Snyder’s appeal states it is “a direct appeal from guilty verdicts” in the case, after “two different juries each found Mr. Snyder guilty,” according to court records. As part of the appeal, Gambino included a picture of each case docket, which spans 570 records.

“Mr. Snyder appeals from the jury’s guilty verdicts in this case,” according to the appeal.

Gambino did not return requests for comment.

During his sentencing, prosecutors stated that Snyder should be sentenced “within the applicable guideline range,” which is 46 to 57 months. Gambino requested probation.

Assistant U.S. Attorney Amarjeet Bhachu said bribery undermines the public’s trust in government, and “normalizes the idea that leaders can circumvent the law.” A prison sentence provides a “counter message” to those who “break the law and think they can get away with it.”

Throughout the investigation, Bhachu said, Snyder lied to law enforcement, coordinated statements with other witnesses and “effectively tried to limit the truth finding process.”

“This is a defendant who had many opportunities in life,” Bhachu said. “But he was a defendant who had those opportunities, had that job, and he knew better.”

Bhachu said that Snyder “keeps behaving, unfortunately, as if he did nothing wrong.”

Gambino said prison has negative impacts on a person and that prison shouldn’t be considered the first option for punishment. Snyder has gone through seven years of punishment, Gambino said, including the investigation time, which is “a long time to be under the cloud of stress and pressure.”

“There’s the shame to this,” Gambino said. “A felony conviction is permanent and barring court action, follows someone for the rest of their life.”

Gambino said that Snyder has remorse, but has been “maintaining his innocence.”

At his recent sentencing, Snyder faced the judge, occasionally turning to the audience in the courtroom and thanked his family, friends, church members, staff and lawyers for their support.

His sentencing hearing was held on a Wednesday, which was garbage day in his neighborhood, Snyder said. He said he realized that every time he sees a garbage truck he “won’t be able to forget about this.”

“Your honor, I should’ve been better. I had not only an obligation to be better to my family but to my constituents,” Snyder said. “Everyone knows the deep remorse I feel.”

Monday, December 20, 2021

12202021 - News Article - Former Portage Mayor Snyder hoping to avoid prison while appealing federal convictions

 




Former Portage Mayor Snyder hoping to avoid prison while appealing federal convictions
NWI Times
Dec 20, 2021 



HAMMOND — Former Portage Mayor James Snyder is seeking to remain out on bond rather than go to prison as scheduled Jan. 5 while he appeals his federal bribery and tax violations convictions.

The 43-year-old Republican claims in his motion that there has been an "avalanche of error" that is likely to reverse his convictions or at least result in a third trial.

"Courts have also considered the fact that a sentence of 21 months is short enough that it may be wholly or substantially served by the time the appeal is briefed, argued and decided, causing the defendant-appellant to serve time for which he may not be compensated if his appeal results in a judgment of acquittal or new trial," the motion reads.

A telephonic hearing on the 47-page motion is scheduled for the morning of Dec. 22.

Snyder was twice found guilty of soliciting and accepting a $13,000 bribe in 2014 in return for steering a $1.125 million contract for the purchase of garbage trucks for the city of Portage to the local Great Lakes Peterbilt company.

Federal prosecutors say he also obstructed the Internal Revenue Service’s efforts to collect unpaid taxes on a private mortgage company he ran.

Snyder was sentenced Oct. 13 to 21 months behind bars and one year supervised release, which was well below the recommended sentencing guideline of 46 to 57 months.

U.S. District Judge Matthew Kennelly gave Snyder until Jan. 5 to surrender himself to begin his prison term.

Snyder, by way of his defense attorney Andréa E. Gambino, has filed a notice of appeal, records show.

In his latest motion, Snyder argues he has been on pretrial release since his case was filed in 2016 and he is appealing, not for the purpose of delay, "but to vindicate his innocence." He said he is not a flight risk and poses no danger to the community.

Snyder says the appellate court may find the judge abused his discretion during the first trial by failing to grant a motion for acquittal.

He argues, in part, that prosecutors left "several substantial evidentiary 'holes' in their case, leaving the jury to speculate in order to reach the government's desired conclusions."

This includes not calling Steven and Robert Buha, then-owners of Great Lakes Peterbilt, who had personal knowledge about the purpose of the $13,000 check in question, the motion says.

"This choice was purposeful and misleading," Snyder claims.

Prosecutors also failed to call Portage Superintendent of Streets and Sanitation Randy Reeder or anyone else involved in preparing the bid specifications in question, the motion says.

Snyder was first found guilty on the bribery count in early 2019, along with federal tax violations. The bribery verdict was overturned later that year and a former judge in the case ordered the retrial.

Snyder further claims the judge during the first trial erred in allowing prosecutors to use information from emails protected by attorney-client privilege.

"More than 40 e-mails that should have been identified as attorney-client privileged materials and attorney work product were turned over to and made use of by government counsel, both before the Grand Jury and during trial," the motion reads.

The appellate court may also find Snyder's attorney-client privilege and right to prepare his defense were violated by prosecutors, who had Steve Charnetzky, a former Portage streets superintendent, record a meeting between Reeder and then-city attorney Gregory Sobkowski on the topic of how to respond to a government subpoena for city documents.

The court further erred in allowing the second trial in the case and then allowing prosecutors from that first trial to remain on for the second, Snyder claims.