A federal jury on Tuesday acquitted a suburban fencing contractor on charges of bribing Cook County assessor’s office employees with access to an exclusive Michigan golf club in exchange for reduced property tax rates.
In a rare loss for federal prosecutors in a corruption case, the jury reached its verdict finding Robert Mitziga, 66, of Dyer, Indiana, not guilty on charges of bribery and conspiracy after deliberating for parts of two days. The case was part of a larger investigation that so far has netted charges against seven people, including three assessor’s office employees and one former Chicago buildings inspector.
Mitziga appeared emotional as the verdict was announced, embracing family members. He declined to comment as he walked out of the courthouse.
The trial began last week at the Dirksen U.S. Courthouse, with attorneys digging into complicated processes and protocols of the assessment appeals system, golf culture and etiquette and even the rules and regulations of the southwest Michigan golf club allegedly used in the bribery scheme.
Defense attorneys challenged the prosecution’s allegation that Mitziga was a knowing participant in the alleged scheme, even taking the unusual step of putting their client on the stand.
In a statement sent to the Tribune, Mitziga’s attorneys Gabrielle Sansonetti and Nancy DePodesta said their client is “grateful to the jury for its careful consideration of this case.”
“The criminal justice system worked today and we were proud to be part of it,” the statement said.
The government’s case involved animated phone recordings of the assessor’s office employees proclaiming their glee at golfing at Lost Dunes Golf Club in Bridgman, Michigan, where Mitziga was a member.
“This wasn’t putt putt. This is an exclusive golf club in Michigan,” said Assistant U.S. Attorney Jared Jodrey during closing arguments on Monday. “You would think based on these calls they were going to Jurassic Park.”
Mitziga was accused of paying for food, drinks and rounds of golf at Lost Dunes for three assessor’s office employees who helped steer commercial properties for Mitziga’s company, Fence Masters Inc., through the appeals system and ultimately saved him about $45,000 in taxes over three years — without the added expense of hiring an attorney.
Two former employees of the assessor’s office, Basilio Clausen and Lavdim Memisovski, have pleaded guilty to taking bribes and testified against Mitziga during the weeklong trial. The third, Lumni Likovski, is scheduled to go on trial next year.
On Friday, in a rare move for a defendant in a federal trial, Mitziga testified in his own defense, saying he often picked up the tab for friends on golf outings and never had any sort of arrangement with anyone to lower his taxes.
Mitziga’s defense attorneys have argued that he was longtime friends with Clausen, and was just treating a friend to rounds of golf, as per common golf etiquette among friends who partake in the sport, they said. She showed photographs of the men with their arms around one another.
“No benefits were offered. No benefits were sought. No benefits were given,” she said.
Clausen, who was a residential field inspector for the assessor’s office, testified he was good friends with Mitziga and had been golfing with him for years when Mitziga first asked about reducing property tax assessments for Fence Masters as well as the company MARK1, owned by Mitziga’s longtime friend, Mark Snedden. Snedden’s name has come up in a separate bribery investigation in Pennsylvania.
While the tax appeals were pending, Clausen and his colleagues were treated to several rounds of golf at Lost Dunes in fall 2017, with Mitziga and Snedden splitting the tab, according to prosecutors.
Mitziga’s attorneys, though, cast doubt on Clausen’s testimony, pointing the finger instead at Clausen, arguing that he sought to ingratiate himself with Mitziga and other wealthy people. Any action Clausen took in the assessor’s office, they said during closing arguments, was unknown to Mitziga.
“He accepted Bob’s love and generosity. He used his home in Florida, his beach house in Indiana,” Sansonetti said of Clausen. “He tried to blame Bob for his secretive and criminal conduct.”
Federal prosecutors pointed to phone calls and messages between the assessor’s employees that indicated they were pleased and relieved about Mitziga’s reduced tax assessment. They argued that they pulled his assessment out of the normal stream of filings so it could land on their desks.
The prosecutors said Mitziga handled the filings pro se, without his longtime attorney.
“He’s a sophisticated business person,” Jodrey said, questioning why Mitziga would file a complex and impactful appeal without the lawyer he generally uses. “Because he knows the outcome is predetermined.”
Prosecutors told jurors that for passionate golfers, use of the Lost Dunes club was a significant perk that recordings show the men were thrilled about.
“It was fun, it was a very nice course,” Likovski told a colleague in September 2017 after allegedly being given the gift of a round at Lost Dunes, according to court records. “You know, I’m built for that country club life. I’m not going to lie to you. It (expletive) suits me nicely, you know what I’m saying? I’m made for that (expletive), bro … Somebody else is paying, so I got (to) love that (expletive).”
The jury began deliberating around 1 p.m. Monday before breaking for the day around 5 p.m. They resumed Tuesday morning, asking at least one question of the judge.
At the time of the alleged scheme in 2017, the boss of the assessor’s office was Joseph Berrios, the then-chairman of the Cook County Democratic Party whose office was often criticized as a den of clout and patronage.
Berrios, who has not been charged, lost his bid for a third term as assessor in the 2018 Democratic primary to Fritz Kaegi, who instituted a strict ethics code for all employees, “which forbids the use of the assessor’s office for personal gain.”
Originally Published:
