Sunday, August 13, 2023

08132023 - News Article - Former Portage Mayor James Snyder asks US Supreme Court to consider his case

 




Former Portage Mayor James Snyder asks US Supreme Court to consider his case
Chicago Tribune 
Aug 13, 2023
Former Portage Mayor James Snyder filed a petition earlier this month asking the U.S. Supreme Court to consider overturning his conviction in federal court over taking $13,000 in regards to a contract for garbage trucks.

At the crux of the argument filed by his attorneys is whether that payment, which according to court documents was received after the garbage trucks were purchased in exchange for consulting services reportedly provided by Snyder to Great Lakes Peterbilt, the company that sold the garbage trucks, was a gratuity.

Snyder has exhausted his options in the federal appellate court system, with a denial last month by the 7th U.S. Circuit Court of Appeals in Chicago to give his case another hearing. His attorneys argue in their petition that the circuit courts don’t agree on what constitutes a gratuity, and the Supreme Court has the opportunity to clarify the matter by taking up Snyder’s case.

“There is a split in the Circuits with respect to whether or not the bribery statute also includes gratuities at the State and local level. The Seventh Circuit’s position is that the statute covers both. The First and Fifth Circuits have issued opinions to the contrary. We continue to pursue justice for Mr. Snyder,” Andrea Gambino, one of Snyder’s attorneys, said in an email last month.

The federal statute as it now stands, according to the filing, “criminalizes only quid pro quo bribes — corrupt exchanges like paying a governor to veto a bill, or giving a house inspector a luxury watch in exchange for a passing grade.”

The statute doesn’t cover gratuities, “payments for actions already taken or planned,” like a donation to the governor’s campaign after a veto or buying a gift for the inspector after the report is complete.

“Yet the government’s gratuity theory sweeps much farther,” the filing notes, going on to include the examples of a grandmother thanking a governor for supporting military troops on a donation check after a fight to keep a military base open, or a nurses’ union holding a gala for state public health officials who supported vaccine mandates.

“Those acts ‘reward’ public official for past conduct and thus risk ten years in federal prison for both the official and the grateful constituent,” with a risk of “‘chilling effects’ on protected speech.”

Federal prosecutors have said in court testimony and documents that there was no written agreement between Snyder and the Bruha brothers, who owned Great Lakes Peterbilt, to provide consulting services for health care and information technology, nor was there evidence of any work done under the arrangement.

Snyder filed the petition for a writ of certiorari on Aug. 1; attorneys for the U.S. Department of Justice have a Sept. 5 response deadline.

Snyder, 45, a Republican, was first elected mayor in 2011 and was reelected in 2015. He was ordered in late June to report to the federal Bureau of Prisons before 2 p.m. on Monday, Oct. 16 to begin serving his sentence. His placement has yet to be determined.

Snyder’s case has moved in fits and starts since he was first indicted in U.S. District Court in Hammond in November 2016 on a charge of corrupt solicitation involving a contract with Great Lakes Peterbilt for garbage trucks; interfering with the IRS, for hiding funds from the federal agency from his mortgage company; and receiving a bribe for a tow truck contract.

A federal jury found Snyder guilty on the charges involving the garbage truck contract and the IRS and acquitted him on the allegations involving the towing contract.

Snyder asked for and received a new trial on the count involving the garbage trucks, and that trial, in March 2021, also resulted in a jury conviction.

Snyder filed another appeal in October 2021 in an attempt to have both of his convictions overturned and the court granted him bond pending that appeal. The appeals court rejected Snyder’s bid to have his convictions dismissed in a June 15 ruling.

On July 14, the 7th U.S. Circuit Court of Appeals in Chicago noted that “no judge in active service has requested a vote on the petition” that Snyder filed asking for a rehearing before the full court, and “all the judges on the original panel have voted to deny the petition for panel rehearing.”

The order went on to note that “Circuit Judge Thomas L. Kirsch II did not participate in the consideration of this petition for rehearing en banc.” Early on in Snyder’s case, Kirsch was his defense attorney before being appointed as U.S. Attorney for the Northern District and later being appointed as an appellate judge.

Snyder has a pending federal lawsuit against Lynch and Dan Whitten, the city attorney, alleging they coached Randy Reeder, a witness in the garbage truck case, not to meet with Snyder or his legal team.

Lynch and Whitten have filed to have the case dismissed.

Saturday, August 12, 2023

08122023 - News Article - Former Portage mayor asks Supreme Court to hear his appeal

 





Former Portage mayor asks Supreme Court to hear his appeal
NWI Times
Aug 12, 2023 



WASHINGTON, D.C. — Convicted former Portage Mayor James Snyder is asking the Supreme Court to hear his appeal before he is required to begin his prison term this fall. 

In a 36-page petition for a writ of certiorari, which is a request for the Supreme Court to hear a case, Snyder's lawyers challenge the federal statute under which he was convicted that prohibits a public official from accepting a bribe. His attorneys write that the each of the twelve United States federal circuit courts interpret the law differently, and therefore request an assessment from the nation's highest court. 

The petition was filed Aug. 1, according to court records. The Supreme Court is required to respond by Sept. 5.

The petition comes after U.S. Court of Appeals Judge Matthew Kennelly denied a request July 14 for Snyder, 45, to have his case reheard en banc, meaning his case would be heard before all the court's judges. Snyder's attorneys filed the petition on June 29 after he was denied an appeal on June 15. 

Kennelly previously ordered Snyder to surrender himself Oct. 16 to begin serving a 21-month prison term. Federal prosecutors initially requested Snyder turn himself in the week after his appeal was denied, but Kennelly struck down the request. Since the court denied his motion, he will likely still be required to begin his prison sentence in October. 

In the appeal argued before the Seventh Circuit appeals court in January, attorneys said court should vacate Snyder's convictions because of an alleged government intrusion into the attorney-client relationship as it pertains to the seizure of Snyder's personal and professional email accounts as part of the criminal investigation. Judges determined that none of Snyder’s Fourth and Sixth Amendment rights were violated during the course of the investigation into his conduct.

Snyder was first convicted in February 2019. When his attorneys moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021 for charges of corrupt solicitation and interfering with the Internal Revenue Service. He accepted 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 and dodged the IRS when they tried to collect his unpaid taxes from his mortgage company. 

When reached by phone Saturday evening, Snyder deferred to his attorneys for comment. His attorneys were not immediately available.

Saturday, June 24, 2023

06242023 - News Article - Snyder ordered to prison in Oct. - Former Portage mayor must begin 21-month sentence

 





Snyder ordered to prison in Oct. 
Former Portage mayor must begin 21-month sentence
Post-Tribune, The (Merrillville, IN)
June 24, 2023 
https://infoweb.newsbank.com/



The saga of the federal court case against disgraced former Portage Mayor James Snyder inched closer to a conclusion when a judge on Friday ordered him to report to the federal Bureau of Prisons on Oct. 16 to begin serving his 21-month sentence on convictions for bribery and defrauding the IRS.

His sentence also includes one year on supervised release. His sentences on each conviction are to run concurrently.

After Snyder's most recent attempt at an appeal was tossed out by the 7th U.S. Circuit Court of Appeals in Chicago on June 15, federal prosecutors filed a motion on June 20 to revoke his bond and have him report to begin his sentence within seven days because he could only remain free on bond pending his appeal.

But defense attorney Andrea Gambino in a June 21 filing said that the appeals process still had some life to it and that, throughout Snyder's case, which began with his indictment in November 2016, he had never posed a flight risk or a danger to others, so he should therefore remain free on bond in the meantime.

In the end, U.S. District Judge Matthew Kennelly gave Snyder, 45, four months to turn himself in while admitting that there was the slimmest of chances he could gain some relief through the appellate courts on the bribery conviction, but not the one for the IRS charge. The ruling came during a brief telephonic conference.

Kennelly also said that it's been three years since Snyder's trial and the case has been going on for "longer than that."

Assistant U.S. Attorney Amarjeet Bhachu noted the conviction on the IRS charge and said he "can't see any reason under the sun" why an appeal on that charge would go forward.

Kennelly agreed and said the tax charge is "not something the Supreme Court is likely to take up."

In her filing requesting that Snyder's bond remain in place, Gambino said her client will be asking for a panel rehearing on both counts, and that Snyder "has received offers from several large firms with Supreme Court practices, to assist him in preparing a petition for a writ of certiorari to the United States Supreme Court," or a review by the higher court, on the bribery charge.

She added that the "offers express the view that the Supreme Court is likely to grant" review of the issue.

During Friday's hearing, Gambino reiterated that Snyder's sentence on the two convictions are to run concurrently. If he were to go into custody now and start serving his sentence on the IRS charge while his appeal of the bribery case went forward and he were to lose the appeal, he could end up serving the sentences consecutively instead.

"It would be remanded for resentencing," Kennelly said, later ruling that Snyder is to surrender to the Bureau of Prisons by 2 p.m. on the third Monday in October.

Snyder, a Republican, was first elected mayor in 2011 and was reelected in 2015. He was indicted on two bribery counts, involving garbage truck purchases and towing contracts, and one related to the IRS in November 2016.

The last year of his second term was cut short in February 2019 when a federal jury convicted him 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.

He was acquitted on the second bribery charge involving the towing contracts, a charge that generated a guilty plea from co-defendant John Cortina.

Snyder asked for and received a new trial on the bribery conviction involving the garbage trucks, and that trial, in March 2021, also resulted in a jury conviction.

Snyder filed another appeal in October 2021 in an attempt to have both of his convictions overturned and the court granted him bond pending that appeal.

Snyder has a pending federal lawsuit against current Portage Mayor Sue Lynch and Dan Whitten, the city attorney, alleging they coached Randy Reeder, a witness in the bribery case, not to meet with Snyder or his legal team.

Lynch and Whitten have filed to have the case dismissed.

06232023 - News Article - Former GOP Portage Mayor Snyder given surrender date to begin federal bribery, tax prison sentence

 





Former GOP Portage Mayor Snyder given surrender date to begin federal bribery, tax prison sentence
Times, The (Munster, IN)
June 23, 2023 
HAMMOND — A federal judge Friday ordered former GOP Portage Mayor James Snyder to surrender himself Oct. 16 to begin serving a 21-month prison term for his bribery and tax violation convictions.

Federal prosecutors sought to have 45-year-old Snyder turn himself in by Tuesday, but that request was denied by U.S. District Judge Matthew Kennelly.

During the Friday morning telephonic hearing, Kennelly referred to defense hopes of a successful appeal, specifically on the bribery charge, but said it remains a longshot.

"This is a really old case," he said.

In arguing for a delay in Snyder's surrender, defense attorney Andréa E. Gambino said, "We're not finished with the appeals process."

Snyder intends to seek another appellate hearing, as well as potentially seek to have the case heard by the Supreme Court, she said in a filing before the court.

"Mr. Snyder has received offers from several large firms with Supreme Court practices, to assist him in preparing a petition for a writ of certiorari to the United States Supreme Court," according to the defense. "These offers express the view that the Supreme Court is likely to grant certiorari on the issue."

The action in the case comes just more than a week after the U.S. Court of Appeals for the 7th Circuit rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," Amarjeet Bhachu, special attorney for the United States, had written in his request for a more immediate surrender.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

The sentence, passed down Kennelly in October 2021, was well below the recommended sentencing guideline of 46 to 57 months on Snyder's federal bribery and tax violation convictions.

Kennelly then in December 2021 granted Snyder's request to remain out on bond while appealing his convictions, one of which had been affirmed during two different trials.

Snyder was 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. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorneys moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

Wednesday, June 21, 2023

06212023 - News Article - Feds want Snyder to surrender himself

 





Feds want Snyder to surrender himself
June 21, 2023 
Times, The (Munster, IN)
HAMMOND — Federal prosecutors are seeking to have former Republican Portage Mayor James Snyder surrender himself in no more than a week to begin serving a 21-month prison sentence on his bribery and tax violation convictions.

The request, which was filed Tuesday, comes in the wake of Thursday's ruling by the U.S. Court of Appeals for the 7th Circuit that rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," according to Amarjeet Bhachu, special attorney for the United States.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

Snyder's defense attorney had not filed a response by early Tuesday afternoon.

Snyder, 45, was 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. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

06212023 - News Article - Friday hearing set on request for former GOP Portage Mayor Snyder's prison surrender

 





Friday hearing set on request for former GOP Portage Mayor Snyder's prison surrender
June 21, 2023 
Times, The (Munster, IN)
HAMMOND — Former GOP Portage Mayor James Snyder could find out Friday morning if he will be required to surrender himself by Tuesday as requested by federal prosecutors to begin serving a 21-month prison term.

U.S. District Judge Matthew Kennelly, who had sentenced Snyder in October 2021, announced Wednesday morning his intention to hold a telephonic meeting to address the surrender date.

The sentence was well below the recommended sentencing guideline of 46 to 57 months on Snyder's federal bribery and tax violation convictions.

Federal prosecutors filed a request Tuesday for the prompt surrender date following Thursday's ruling by the U.S. Court of Appeals for the 7th Circuit that rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," according to Amarjeet Bhachu, special attorney for the United States.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

Snyder's defense attorney had not filed a response by late Wednesday morning.

Snyder, 45, was 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. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

06212023 - Feds seek to revoke Snyder's bond - Prosecutors ask that former Portage mayor be ordered to report to prison within week

 





Feds seek to revoke Snyder's bond 
Prosecutors ask that former Portage mayor be ordered to report to prison within week
Post-Tribune, The (Merrillville, IN)
June 21, 2023 



Having failed at his most recent attempt to have his federal convictions for bribery and obstructing the IRS overturned, former Portage Mayor James Snyder now faces revocation of his bond and being ordered to surrender to the custody of the Federal Bureau of Prisons within the week.

A Tuesday filing by federal prosecutors in the U.S. District Court in Hammond asks Judge Matthew F. Kennelly to revoke Snyder's bond and order Snyder to surrender.

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," according to the filing.

The 7th U.S. Circuit Court of Appeals in Chicago rejected Snyder's bid to have his convictions dismissed in a June 15 ruling. First indicted in November 2016, his case has dragged on with two trials and convictions on two of the three charges he faced.

Snyder did not return a request for comment. He had been sentenced to 21 months in federal prison and one year of supervised release but was allowed to remain free as his appeal made its way to a conclusion.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," the four-page filing notes, adding that permitting bond during a pending appeal appears only "when appeal presents a 'substantial question of law' likely to result in reversal or new trial.' "

Snyder received neither of those things in his most recent attempt at an appeal.

Snyder, a Republican, was first elected mayor in 2011 and was reelected in 2015. He was indicted on two bribery counts, involving garbage truck purchases and towing contracts, and one related to the IRS in November 2016.

The last year of his second term was cut short in February 2019 when a federal jury convicted him 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.

He was acquitted on the second bribery charge involving the towing contracts, a charge that generated a guilty plea from co-defendant John Cortina.

Snyder asked for and received a new trial on the bribery conviction involving the garbage trucks, and that trial, in March 2021, also resulted in a jury conviction.

Snyder filed another appeal in October 2021 in an attempt to have both of his convictions overturned and the court granted him bond pending that appeal.

In the bribery case, Snyder argued that his right to a speedy trial was being violated; that the bribe he received for a garbage truck contract was in fact payment for services he provided to Great Lakes Peterbilt, the firm that sold the city the garbage trucks; and that there was insufficient evidence for a conviction.

"Given irregularities in the bidding process, Snyder's contemporaneous contacts with the Buhas (unique among bidders), the timing of the $13,000 payment, the dubious explanations offered for the payment, and the lack of corroborating evidence for Snyder's claim that he was paid for consulting, a reasonable jury could conclude that Snyder accepted the check as a bribe or gratuity for steering the contracts to GLPB," the appellate judges noted.

As far as the IRS case, based on the government's argument that Snyder purposefully hid assets and income from the IRS after failing to pay personal and payroll taxes in a timely fashion by setting up a second business to funnel income without reporting it, the appellate court ruled that "sufficient evidence supported the jury's verdict."

Snyder had argued that the statute of limitations had passed on the IRS charges and that there was insufficient evidence for a jury to convict him.

Snyder has a pending federal lawsuit against current Portage Mayor Sue Lynch and Dan Whitten, the city attorney, alleging they coached Randy Reeder, a witness in the bribery case, not to meet with Snyder or his legal team.

Tuesday, June 20, 2023

06202023 - News Article - Feds want former GOP Portage Mayor Snyder to begin serving prison term within a week

 





Feds want former GOP Portage Mayor Snyder to begin serving prison term within a week
Times, The (Munster, IN)
June 20, 2023 
HAMMOND — Federal prosecutors are seeking to have former Republican Portage Mayor James Snyder surrender himself in no more than a week to begin serving a 21-month prison sentence on his bribery and tax violation convictions.

The request, which was filed Tuesday, comes in the wake of Thursday's ruling by the U.S. Court of Appeals for the 7th Circuit that rejected all of Snyder's claims of error in his case, which upheld his convictions.

"Now that the judgment has been affirmed, it is appropriate to revoke the defendant's bond and have the defendant surrender to the custody of the Federal Bureau of Prisons," according to Amarjeet Bhachu, special attorney for the United States.

The motion references federal code "permitting bond pending appeal only when appeal presents a 'substantial question of law' likely to result in reversal or new trial."

"In view of the fact that this matter has been pending for a considerable period, the government respectfully requests that the defendant be ordered to surrender within seven days, on or before June 27, 2023," the motion reads.

Snyder's defense attorney had not filed a response by early Tuesday afternoon.

Snyder, 45, was 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. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case.

The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the appellate court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

Snyder's team further argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial.

Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

Saturday, June 17, 2023

06172023 - News Article - Former mayor's convictions stand - Federal appeals court denies Portage's Snyder's request to dismiss decisions

 





Former mayor's convictions stand 
Federal appeals court denies Portage's Snyder's request to dismiss decisions
Post-Tribune, The (Merrillville, IN)
June 17, 2023 



Former Portage Mayor James Snyder's bid to have his federal convictions dismissed for a $13,000 bribe for a garbage truck contract and hiding income from the IRS with his mortgage business have come to an end as an appeals court ruled Thursday that the convictions will stand.

"Snyder has appealed, challenging his convictions on several grounds. We affirm," begins the 42-page filing with the 7th U.S. Circuit Court of Appeals in Chicago.

Snyder did not return a request for comment. He had been sentenced to 21 months in federal prison and one year of supervised release but was allowed to remain free as his appeal made its way to a conclusion.

It is not immediately clear from the online court docket when Snyder might report to federal prison or what other avenues he might have going forward.

Snyder was indicted on two bribery counts and one related to the IRS in November 2016. While another federal indictment also was filed in U.S. District Court in Hammond that day involving another elected official, former Lake County Sheriff John Buncich, Snyder's case dragged on long after Buncich's case came to a conclusion.

A jury convicted Buncich of bribery and wire fraud, among other charges, for soliciting bribes from county tow operators. Buncich, now 77, has a scheduled release date of Oct. 5, 2027, according to online records from the federal Bureau of Prisons. He is being housed at a secured federal medical facility in Springfield, Missouri.

Initially sentenced to 15 years and 8 months in prison, a judge reduced that by 37 months after an appeal by Buncich resulted in some of his convictions getting tossed out.

The appellate court ruling in Snyder's case provides a point-by-point refutation of Snyder's attempt to have his two convictions overturned. A jury in Snyder's first trial found him not guilty on a second bribery charge involving tow truck contracts.

A second jury reaffirmed his conviction on the bribery charge from the first trial.

In the bribery case, Snyder argued that his right to a speedy trial was being violated; that the bribe he received for a garbage truck contract was in fact payment for services he provided to Great Lakes Peterbilt, the firm that sold the city the garbage trucks; and that there was insufficient evidence for a conviction.

"Given irregularities in the bidding process, Snyder's contemporaneous contacts with the Buhas (unique among bidders), the timing of the $13,000 payment, the dubious explanations offered for the payment, and the lack of corroborating evidence for Snyder's claim that he was paid for consulting, a reasonable jury could conclude that Snyder accepted the check as a bribe or gratuity for steering the contracts to GLPB," the appellate judges noted.

As far as the IRS case, based on the government's argument that Snyder purposefully hid assets and income from the IRS after failing to pay personal and payroll taxes in a timely fashion by setting up a second business to funnel income without reporting it, the appellate court ruled that "sufficient evidence supported the jury's verdict."

Snyder had argued that the statute of limitations had passed on the IRS charges and that there was insufficient evidence for a jury to convict him.

Snyder has a pending federal lawsuit against current Portage Mayor Sue Lynch and Dan Whitten, the city attorney, alleging they coached Randy Reeder, a witness in the bribery case, not to meet with Snyder or his legal team.

Friday, June 16, 2023

06162023 - News Article - Judges: Ex-mayor won't get appeal






Judges: Ex-mayor won't get appeal
Times, The (Munster, IN)
June 16, 2023 
CHICAGO — The U.S. Court of Appeals for the 7th Circuit has denied former Portage Mayor James Snyder's appeal of his 2021 convictions of bribery and tax violations.

In a 42page document filed Thursday, Judges David F. Hamilton, Candance Jackson-Akiwumi and John Z. Lee determined that none of Snyder's Fourth and Sixth Amendment rights were violated during the course of the investigation into his conduct, despite arguments made by his attorneys.

Snyder, 45, was 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. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case. The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

His team argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten. In the federal lawsuit, Snyder accuses the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial. Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

While Snyder was permitted to remain out of prison during the appeal, a 21-month sentence looms.

Thursday, June 15, 2023

06152023 - US Court Of Appeals Opinion - US v James Snyder - Case No. 21‐2986. OPINION: Conviction Affirmed

 






US v James Snyder - Case No. 21‐2986
Opinion: Conviction Affirmed
US Court Of Appeals
June 15, 2023








06152023 - News Article - Former Portage mayor denied appeal on bribery and tax obstruction charges

 





Former Portage mayor denied appeal on bribery and tax obstruction charges
Times, The (Munster, IN)
June 15, 2023 
CHICAGO — The U.S. Court of Appeals for the 7th Circuit has denied former Portage Mayor James Snyder's appeal of his 2021 convictions of bribery and tax violations.

In a 42-page document filed Thursday, Judges David F. Hamilton, Candance Jackson-Akiwumi and John Z. Lee determined that none of Snyder's Fourth and Sixth Amendment rights were violated during the course of the investigation into his conduct, despite arguments made by his attorneys.

Snyder, 45, was 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. Additionally, federal prosecutors said he obstructed the Internal Revenue Service's efforts to collect unpaid taxes on a private mortgage company he ran.

He was tried and found guilty in February 2019. When Snyder's attorney's moved for a judgment of acquittal or a new trial, the district court denied the motion for acquittal but granted Snyder a new trial on the bribery charge. He was convicted for a second time in March 2021.

In an appeal argued before the court in January, Snyder's defense team said his rights were violated when the government seized email communications between him and his attorney as part of the discovery of evidence in the case. The government maintained the integrity of its investigation through a filtering process in which federal agents determine which emails are considered "privileged" communications that should not be disclosed to the prosecution.

"The emails had been seized and the filter process completed before Snyder was indicted in November 2016, and only at that time did his Sixth Amendment right to counsel attach," the court wrote. The court also concluded that seizure of Snyder's emails under the warrant did not violate the particularity requirement of the Fourth Amendment.

His team argued that his conviction was not supported by sufficient evidence, which the judges did not find to be legitimate.

"The evidence here was sufficient to support the jury's verdict," the judges said. "Evidence at trial established that Snyder owed personal and payroll taxes and that the IRS had taken 'specific, targeted' steps to collect by levying Snyder's personal and business bank accounts."

Snyder's legal team took additional action in March, suing the city of Portage, Democratic Mayor Sue Lynch and city attorney Dan Whitten. In the federal lawsuit, Snyder accuses the two of instructing city employees, including case witness Randall Reeder Jr., to not meet with Snyder and his legal team as they prepared for his second trial. Attorneys for the city, Lynch and Whitten filed a motion in May to dismiss. Snyder's legal team has five days to respond to the motion, according to federal court records.

While Snyder was permitted to remain out of prison during the appeal, a 21-month sentence looms.

Thursday, March 30, 2023

03302023 - News Article - Former Portage mayor fights back with lawsuit as he awaits word on pending prison term

 






Former Portage mayor fights back with lawsuit as he awaits word on pending prison term
NWI Times
March 30, 2023
HAMMOND — Former Republican Portage Mayor James Snyder is not sitting quietly as he awaits word from a federal appeals court as to whether he will go to prison for his 2021 bribery and tax violation convictions.

Snyder continues to fight back, this time taking aim at current Democratic Mayor Sue Lynch and city attorney Dan Whitten, accusing each in a federal lawsuit of instructing city employees, including case witness Randall Reeder Jr., not to meet with Snyder and his legal team as they prepared for trial.

"Snyder was made aware of the alleged conduct and instruction during a meeting with former city employees in or around June of 2022 after his second trial," according to the litigation filed on Snyder's behalf by Portage-based attorney Matthew Dogan.

Lynch and Whitten were aware Reeder was a "necessary and the primary witness in the trial of Snyder," the suit says. Reeder was accused by federal officials of "rigging" bids.

Snyder, 45, who has a 21-month prison sentencing hanging over his head, was found guilty twice — most recently in March 2021 — 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 response Wednesday to the lawsuit, Whitten said, "The allegations are 100% untrue, are without any merit and are completely baseless. I have no further comment as no further comment is warranted."

Snyder, who was granted the right to remain out of prison while appealing his criminal convictions, is awaiting the outcome of a January hearing before the 7th Circuit Court of Appeals in Chicago.

Defense attorney Andréa E. Gambino argued the court should vacate Snyder's convictions, in part, because of what she claims was a government intrusion into the attorney-client relationship as it pertains to the seizure of Snyder's personal and professional email accounts as part of the criminal investigation.

Federal prosecutor Debra Bonamici defended the government's multilayer screening process to combat the alleged intrusion.

Snyder's new litigation claims Reeder "did not know the orders given to him from Lynch through Whitten were illegal or wrongful."

Reeder thus refused to meet with Snyder's legal team ahead of the March 2021 trial, "despite his willingness to do so," the suit says.

In a further attempt to intimidate Reeder, Snyder claims the city of Portage refused to cover Reeder's legal expenses as is "usual, customary, and in the regular course of business for the City of Portage to do when litigation stems from employment status."

Lynch and Whitten obviously did not believe Reeder had rigged bids as they both hired and promoted him from assistant street superintendent to street superintendent after Snyder's conviction, the suit says.

Saturday, March 11, 2023

03112023 - News Article - Snyder launches federal lawsuit - Convicted ex-Portage mayor targets Mayor Lynch, City Attorney Whitten

 






Snyder launches federal lawsuit 
Convicted ex-Portage mayor targets Mayor Lynch, City Attorney Whitten
Post-Tribune, The (Merrillville, IN)
March 11, 2023 



Disgraced former Portage Mayor James Snyder, convicted in federal court on charges of public corruption and obstructing the IRS, is going after the city's mayor and attorney, claiming they coached a witness in the corruption case not to meet with Snyder or his legal team.

The lawsuit, filed Wednesday in U.S. District Court in Hammond, names Mayor Sue Lynch and Dan Whitten, the city attorney, and states that on or before March 19, 2021, city employees were instructed not to meet with Snyder or his defense attorneys in preparation for his second criminal trial.

"Mayor Susanne Lynch on her own accord and/or through City Attorney Daniel Whitten gave this instruction to known trial witness Randall Reeder Jr. and others, to intimidate Reeder and other possible witnesses," the lawsuit states.

Lynch declined to comment.

"The claims are 100% untrue and baseless. Beyond that I have no comment," Whitten said.

Lynch promoted Reeder from assistant superintendent of streets and sanitation to superintendent when she took office in January 2020.

During Snyder's first federal trial in 2019, Reeder recanted grand jury testimony implicating Snyder in an alleged scheme to steer a contract for garbage trucks to one company in exchange for a $13,000 payoff.

Reeder said during the trial that he "misspoke" when he testified before a grand jury on two occasions in 2016 and wanted to recant his statements under oath about Snyder's involvement in the purchase of five garbage trucks.

Snyder was convicted on that bribery charge in February 2019, though a jury found him not guilty on a second bribery charge involving tow truck contracts. Snyder, who was granted a second trial on the bribery charge and convicted yet again, has asked the 7th U.S. Circuit Court of Appeals in Chicago to vacate his convictions and grant him a third trial.

In October 2021, Snyder was sentenced to 21 months in prison and one year supervised release for soliciting bribes and obstruction, but the judge ruled that Snyder did not have to report to prison while his appeal was ongoing. Snyder was first indicted in 2016.

Snyder, according to the lawsuit, became aware of the alleged conduct during a meeting with former city employees around June of last year after his second trial.

Lynch and Whitten, according to the suit, "were knowledgeable and aware that Mr. Reeder was a necessary and primary witness in the trial of Mr. Snyder. The United States Attorney accused Mr. Reeder of 'rigging' bids."

Reeder told Snyder about the "order" from Whitten and Lynch during a phone conversation on June 11, 2022, after Snyder's second trial. Neither Snyder nor his counsel had any knowledge of the order conveyed by Lynch and Whitten before then.

"These instructions to Mr. Reeder and/or other City employees were crimes consisting of official misconduct, witness intimidation and obstruction of justice as dictated in both state and federal law," according to court documents.

Snyder asserts that Whitten and Lynch's actions violated his First Amendment right to association; violated his Fifth Amendment right to due process; violated his Sixth Amendment right of compulsory process to obtain witnesses; are obstruction of equal protection and due process under the 14th Amendment; amount to criminal mischief; caused intentional and negligent infliction of emotional distress; and amount to negligence.

Snyder is asking for a jury trial and financial compensation.

Monday, January 30, 2023

01302023 - News Article - Snyder's campaign fund still open - Former Portage mayor seeking new trial after federal convictions

 




Snyder's campaign fund still open 
Former Portage mayor seeking new trial after federal convictions
Post-Tribune, The (Merrillville, IN)
January 30, 2023 



Years after he last ran for office and ultimately had to resign because of federal convictions on charges of public corruption and defrauding the IRS, former Portage Mayor James Snyder still has his mayoral campaign fund open.

The most recent form, filed Jan. 3 ahead of a Jan. 18 deadline for annual campaign finance reports for any open campaign committees, reflects a $6,000 loan from John Cortina, as do a handful from previous years.

Snyder was initially charged with two federal corruption charges, one involving contracts for garbage trucks and another for reportedly accepting a $12,000 bribe from Cortina for a towing contract. A jury found Snyder not guilty on the bribery charge involving Cortina; Cortina pleaded guilty in the case.

Snyder is asking for a new trial on the convictions for the charges involving the garbage truck purchases and the IRS, with the hope that he will be exonerated. Meanwhile, the fund remains open, said his campaign treasurer, Kenard Taylor, because if Snyder's public corruption doesn't stand, he can, under state statute, seek reimbursement for legal funds from the city of Portage.

"You cannot close a campaign account owing money to anybody or having any money in the bank," said Taylor, who has served as a campaign treasurer for elected officials from both parties, including former Porter County Sheriff David Reynolds and former Gary Mayor Karen Freeman-Wilson, both Democrats. He also reviews campaign finance reports for Porter County's Elections and Voter Registration Office.

"That's why I have to keep filing those reports. I'd rather not," Taylor said, adding he has not billed Snyder a fee for his services since his conviction. If Snyder's charges are overturned and his campaign fund is replenished, "we will discuss the fees appropriate to the action I've taken. It's not much."

Snyder's most recent campaign finance report reflects $195.41 in cash on hand; the $6,000 loan to Cortina; and a $2,949.29 loan Snyder made to his campaign.

Snyder, who was indicted on the federal charges in November 2016 and received the funds from Cortina in January 2016, according to his previous campaign finance reports, did not return a request for comment about the open campaign fund or how much his legal defense has cost over the past several years.

"That loan has not been paid off yet," Taylor said of Cortina's loan to Snyder. "It's not been resolved because the case has not been resolved as far as James' overall case."

Once Snyder's federal charges are resolved and if he's found not guilty, the city of Portage "would have some degree of responsibility for his legal fees."

If Snyder is successful on both quests, exoneration and the request for reimbursement for the fees related to the public corruption charge, Taylor said, "that money comes back to the campaign fund."

At that point, Snyder can pay Cortina for the loan. If Snyder is not successful, Taylor said, he can come up with the funds to return the money or Cortina can absolve him of the loan.

In January 2019, Cortina, then 80, 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. He was sentenced on Jan. 22, 2020 to time served and a $12,000 fine.

Snyder, who was elected mayor in 2011 and 2015, 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 2020.

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 one of his attorneys at the time, Jackie Bennett Jr., 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 2019.

How much Snyder is reimbursed by the city of Portage for his legal fees, if one or both of his convictions are dismissed, is up to the city council.

"The statute allows the fiscal body to determine what reasonable attorneys fees would be," said Dan Whitten, Portage's city attorney. "We'll cross that bridge when we get to it."

State statute, Whitten said, requires a "complete acquittal" before the fiscal body can consider reimbursement. The council also would determine what a reasonable amount for reimbursement might be.

If Snyder's conviction on the IRS charge were to stand, that could impede his ability to seek reimbursement for legal expenses related to the public corruption fund.

"I don't believe that's the intent of the statute, to have a convicted felon feeding at the public trough," Whitten said.

Saturday, January 21, 2023

01212023 - News Article - Former Portage mayor facing prison time argues appeal of federal bribery, tax convictions

 

Former Portage mayor facing prison time argues appeal of federal bribery, tax convictions
NWI Times
January 21, 2023



CHICAGO — Just more than a year after former Republican Portage Mayor James Snyder was granted the right to remain out of prison while appealing his federal bribery and tax violation convictions, the 44-year-old was given his day in court.

Defense attorney Andréa E. Gambino argued Wednesday morning that the 7th Circuit Court of Appeals in Chicago should vacate Snyder's convictions, in part, because of what she claims was a government intrusion into the attorney-client relationship as it pertains to the seizure of Snyder's personal and professional email accounts as part of the criminal investigation.

"What's the harm here?" one of the judges asked.

Gambino did not have a specific response, agreeing instead to the judge's suggestion that the panel presumes harm was done.

Federal prosecutor Debra Bonamici defended the government's multilayer screening process to combat the alleged intrusion.

When asked by a judge what would stop the government from future breaches if Snyder's conviction is allowed to stand, Bonamici said the filtering teams are motivated to maintain the integrity of prosecutions.

"It doesn't help the government ... to make mistakes," she said.

The court took the appeal under consideration and made no mention of how long a ruling would take.

Snyder, who has a 21-month prison sentencing hanging over his head, was found guilty twice — most recently in March 2021 — 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.

"The evidence at trial did not support a finding beyond a reasonable doubt that Mr. Snyder had accepted a bribe or reward," Snyder's defense team argues.

Snyder further claims that his rights under the speedy-trial rules were violated and insufficient evidence was presented at trial.

Bonamici argued Wednesday that "ample evidence" was presented to prove the bribery charge.

She asked the court to affirm Snyder's conviction and sentence.