USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 1 of 8

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

UNITED STATES OF AMERICA
V
JOHN CORTINA

)
)
)
)
)

Cause No. 2:16 CR 160

PLEA AGREEMENT
Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, comes now the
United States of America, by Assistant United States Attorney Philip C. Benson, the
defendant, John Cortina, and Kevin Milner, attorney for the defendant, and show the
Court they have entered into a plea agreement as follows:
1.

I, John Cortina, have the ability to read, write and speak the English

language.
2.

I have received a copy of the Indictment and have read and discussed it

with my lawyer, and believe and feel that I understand every accusation made against
me in this case.
3.

I have told my lawyer the facts and surrounding circumstances as known

to me concerning the matters mentioned in the Indictment and believe and feel that my
lawyer is fully informed as to all such matters. My lawyer has counseled and advised
with me as to the nature and elements of every accusation against me and as to any
possible defenses I might have.

1

 USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 2 of 8

4.

I understand that I am entitled to have all of my rights which may be

involved in this matter explained to me, and that I have the right to have any questions I
may have answered for me.
5.

I understand by pleading guilty I waive certain rights. The rights

described below have been explained to me, as well as the consequences of my waiver
of these rights:
a.

If I persisted in a plea of not guilty to the charge against me, I would have
the right to a public and speedy trial. The trial could be either a jury trial
or a trial by the judge sitting without a jury. I have the right to a jury
trial. However, I may waive a jury trial in writing with the approval of
the Court and the consent of the government.

b.

If the trial is a jury trial, the jury would be composed of twelve laypersons
selected at random. Myself and my attorney would have a say in who the
jurors would be by removing prospective jurors for cause where actual
bias or other disqualification is shown, or without cause by exercising socalled peremptory challenges. The jury would have to agree
unanimously before it could return a verdict of either guilty or not guilty.
The jury would be instructed that a defendant is presumed innocent, and
that it could not convict unless, after hearing all the evidence, it was
persuaded of my guilt beyond a reasonable doubt, and that it was to
consider each count of the Indictment separately.

c.

If the trial is held by the judge without a jury, the judge would find the
facts and determine, after hearing all the evidence, and considering each
count separately, whether or not the judge was persuaded of my guilt
beyond a reasonable doubt.

d.

At a trial whether by a jury or a judge, the prosecution would be required
to present its witnesses and other evidence against me. I would be able
to confront those government witnesses and my attorney would be able to
cross-examine them. In turn, I could present witnesses and other
evidence in my own behalf. If the witnesses for me would not appear
voluntarily, I could require their attendance through the subpoena power
of the Court.

2

 USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 3 of 8

e.

At a trial, I would have a privilege against self-incrimination so that I
could decline to testify, and no inference of guilt could be drawn from my
refusal to testify. If I desired to do so, I could testify in my own behalf.

f.

At trial and at every stage of the proceedings, I have a right to an attorney,
and if I could not afford an attorney one would be appointed for me.

g.

In the event that I should be found guilty of the charge(s) against me, I
would have the right to appeal my conviction on such charge(s) to a
higher court.

6.

I understand that under the U.S. Sentencing Guidelines, the Court, in light

of an investigation by the United States Probation Office, will determine the applicable
sentencing guideline range, and that the Court will determine all matters, whether factual
or legal, relevant to the application of the sentencing guidelines including, but not
limited to, the adjusted offense level, the relevant circumstances in the case, the criminal
history points and category, relevant conduct, the grouping of offenses, victim-related
adjustments, role in the offense adjustments, career offender status, criminal livelihood
and acceptance of responsibility as well as possible departures from the application of
the U.S. Sentencing Guidelines. I understand that the U.S. Sentencing Guidelines are
advisory only, and that the specific sentence to be imposed upon me will be determined
by the judge after a consideration of a pre-sentence investigation report, input from
counsel for myself and the government, federal sentencing statutes, and the U.S.
Sentencing Guidelines.
7.

Notwithstanding the above, I have, with the assistance of counsel, entered

into the following agreement with the United States Attorney=s Office:

3

 USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 4 of 8

a.

I will plead guilty to Count Two of the Indictment filed in this cause.
Count Two charges me with paying a bribe to a public official, James
Snyder, the Mayor of Portage, Indiana, in violation of Title 18, United
States Code, Sections 666(a)(2). I am pleading guilty to Count Two of the
indictment, because I am in fact guilty of the offense charged in this
Count.

b.

I understand that Count Two carries a maximum term of incarceration not
to exceed 10 years, a fine not to exceed $250,000.00, or a combination of
both imprisonment and a fine. Plus, in addition to any other penalty
imposed, a special assessment of $100.00. Furthermore, I understand that
in addition to the sentence imposed upon me for my conviction, the Court
can impose a term of supervised release of up to three (3) years;

c.

As part of this agreement, I agree to cooperate fully, truthfully, and
candidly with the United States Attorney or his designated representatives
as to my knowledge of or involvement in, any violation of federal or state
law. I understand that the nature of my cooperation herein shall be
defined by the United States Attorney; this cooperation may include, but is
not limited to, my agreement, if requested to do so, to discuss fully,
truthfully, and candidly with representatives of the United States Attorney
including designated law enforcement agencies, my knowledge of all
criminal activities, and to testify truthfully and completely before any
grand jury, and at any hearings, trials, or other judicial proceedings;

d.

I understand that at the time of sentencing, the United States Attorney will
advise the Court of the nature, extent and value of my cooperation;

e.

As part of this agreement, I understand that the United States Attorney
may seek to defer my sentencing until such time as my cooperation is
complete;

f.

The United States of America and I have also entered into the following
agreements which are not binding upon the Court, and I understand that if
the Court does not follow these agreements I will not be allowed to
withdraw my guilty plea:
i

The United States of America and I agree that in recognition of my
acceptance of responsibility for my offense conduct, I am entitled to
a two-level reduction in offense level. The United States of
America and I further agree that I have assisted authorities in the
investigation or prosecution of my own misconduct by timely
4

 USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 5 of 8

notifying the United States Attorney=s Office of my intention to
plead guilty, and we agree that if my offense level is 16 or greater,
the government will move at sentencing for me to receive an
additional one-level reduction in offense level.
ii.

Provided I fulfill the terms of this agreement, and do not perform
any act or engage in conduct that is inconsistent with my agreement
to cooperate or with my acceptance of responsibility for my
conduct, at sentencing, the government may file a request for a
downward departure from the sentencing guideline range; I agree
not to challenge the extent of the government’s departure request; I
understand that the decision regarding whether to grant a departure,
or the extent of any departure lies within the discretion of the Court,
and that this agreement does not constitute a promise that the judge
will grant a departure, or that the judge will impose any particular
sentence;

iii.

The United States of America recommends that the Court should
impose a sentence upon me equal to the minimum of the applicable
guideline range;

iv.

While I agree not to challenge the extent of the government’s
departure request, I do reserve the right to present any additional 18
U.S.C. 3553(a) factors relevant to my sentencing. The government
also reserves the right to present any evidence it deems necessary to
challenge any evidence I present under 18 U.S.C. 3553(a).

v.

The defendant further admits the following:

Between approximately January 2016 and continuing through
approximately November 2016, I knew the following to be true:
I met first met James Snyder in approximately when he ran for Mayor of
Portage, Indiana. Snyder came to my business, Kustom Auto Body,
seeking support for his mayoral bid. Eventually, I offered to support
Snyder for Mayor during his campaign. As part of my support, I gave
financial contributions to his campaign, worked on his fundraisers,
displayed his political yard signs on my property, distributed his campaign
literature, and drove him to numerous political functions. Initially, I
believed him to be a good friend and I enjoyed being with him and other
Portage politicians. I believed that it was important for my business that I
financially support certain Portage politicians and Mayor Snyder.
5

 USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 6 of 8

In addition to attending numerous political fundraising events, I also spent
time attending city council meetings. Often times after these city council
meetings, I would go to dinner with Snyder and other members of his
administration. As time passed, I began to realize that it was during these
dinners, and other social encounters, that much of the real city business
was discussed and decided. Almost all of the time when I was attending
these dinners, I was the individual who ended up paying the bill for
everyone. I felt that I was being taken advantage of, but realized that if I
did not foot the bill for these dinners I would no longer be invited and it
would be detrimental to me obtaining any future city business.
After being involved with a towing business that was removed from the
Portage tow list, I wanted to get back on the tow list with another towing
firm. However, I soon realized that I would have to pay money to get back
on the Portage tow list. Between approximately November 2015 and
January of 2016, I had numerous discussions with Snyder about getting on
the Portage tow list. I indicated to Snyder that I had Individual A’s towing
company lined up to replace the previous tow firm I had been working
with. During these discussions Snyder would say things such as; it takes
time, we’ll see, let me work on it. It appeared to me that Snyder kept
delaying his decision whether or not to let me back on the tow list.
However, in approximately January of 2016 things changed. During one of
my several conversations with Snyder about getting on the Portage tow
list, Snyder requested from me money for legal fees to pay his attorney.
Snyder directed me to get two cashier’s checks, one payable to “Citizens
for Snyder” for $10,000, and the other payable to “Round Table for
Snyder” for $2,000. Snyder said his campaign was going to pay part of his
legal fees. I agreed to obtain these checks and give them to Snyder. I knew
if I did this, I would be on the Portage tow list. Prior to obtaining these
checks, I explained to Individual A that we would have to make this
$12,000 payment to Snyder to get on the tow list. Since it was his tow
company that would partially benefit from the city towing business,
Individual A agreed to contribute $6,000 of the $12,000 payment. On
January 27, 2016, prior to meeting with Individual A, I went to
MainSource Bank and obtained the above-described cashier’s checks. I
directed the teller at MainSource bank as to the amount, payee, and memo
information that was to appear on the checks.
The next day, January 28, 2016, I met with Individual A and obtained
$6,000 cash from him. I then called Snyder and told Snyder that
“Christmas is here” and “I got Christmas.” Snyder then requested that I
come to his mortgage office within the next fifteen minutes. Immediately
6

 USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 7 of 8

after this phone call, I left my business and drove to Preferred Capital,
Snyder’s Mortgage Company. At that office, I gave Snyder the two
checks. Within a few days, I spoke with Snyder regarding getting on the
tow list. Snyder no longer put off the answers to my towing question.
Snyder now indicated that we were all good, and that we would soon be
towing for Portage.
At all times, I knew this $12,000 payment to Snyder was a bribe given
specifically in exchange for Snyder giving me, and Individual A, a part of
the Portage towing. At no time did Snyder and I discuss this $12,000 being
a loan. The word “loan” with the initials “JS” written on the $10,000 check
were not written by me. I directed the teller to type the word “donation” on
the memo line of the check and that is what was written on the memo line
when I handed it to Snyder.
g.

I understand that if I violate any of the provisions of this plea agreement,
the United States Attorney may at its option either (1) ask the Court to
make a determination that I have breached my agreement to cooperate, in
which event I will at sentencing lose the benefit of the non-binding
promises made by the government in this agreement and have no right to
withdraw my guilty plea, or (2) seek to have the Court declare this entire
plea agreement null and void, in which event I can then be prosecuted for
all criminal offenses that I may have committed;

h.

I understand that the law gives a convicted person the right to appeal the
conviction and the sentence imposed. I also understand that no one can
predict the precise sentence that will be imposed, and that the Court has
jurisdiction and authority to impose any sentence within the statutory
maximum set for my offense(s) as set forth in this plea agreement. With
this understanding and in consideration of the government’s entry into this
plea agreement, I expressly waive my right to appeal or to contest my
conviction and all components of my sentence or the manner in which my
conviction or my sentence was determined or imposed, to any Court on
any ground other than a claim of ineffective assistance of counsel,
including any appeal under Title 18, United States Code, Section 3742 or
any post-conviction proceeding, including but not limited to, a proceeding
under Title 28, United States Code, Section 2255.

i.

I also agree to waive all rights, whether asserted directly or through a
representative, to, after sentencing, request or receive from the United
States any further records, reports, or documents pertaining to the
investigation or prosecution of this matter; this waiver includes, but is not
limited to, rights conferred by the Freedom of Information Act and the
7

 USDC IN/ND case 2:16-cr-00160-JVB-JEM document 207 filed 01/10/19 page 8 of 8

Privacy Act of 1974;
8.

I am prepared to state to the Court the facts in this matter that cause me to

believe that I am guilty of the Count(s) to which I have agreed to plead guilty.
9.

I believe and feel that my lawyer has done all that anyone could do to

counsel and assist me, and that I now understand the proceedings in this case against me.
10.

I declare that I offer my plea of guilty freely and voluntarily and of my

own accord, and no promises have been made to me other than those contained in this
agreement, nor have I been threatened in any way by anyone to cause me to plead guilty
in accordance with this agreement.
11.

I understand and acknowledge that this agreement, once filed with the

court, is a public document and available for public viewing.

s/ John Cortina
Defendant

s/ Kevin Milner
Attorney for Defendant

APPROVED:
MATTHEW WHITAKER
ACTING ATTORNEY GENERAL
John R. Lausch, Jr.
UNITED STATES ATTORNEY

By:

s/ Philip C. Benson
Assistant U.S. Attorney
U.S. Attorney's Office
Northern District of Indiana

8