CLEVELAND Bucheit's guilty verdict surprises his lawyer

The judge has scheduled sentencing for July 14.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- Bernard J. Bucheit's lawyer says he's shocked that a jury found the retired contractor guilty of giving former U.S. Rep. James A. Traficant Jr. a $30,000 "tip" -- then lying about it -- and will appeal.
For the government, the conviction reinforces Traficant's conviction a year ago on racketeering, bribery and tax evasion charges. Bucheit's illegal gratuity, a tip "for or because of official acts performed or to be performed," was among nine racketeering acts the Traficant jury believed he committed.
The Traficant jury deliberated roughly 25 hours over four days. The trial lasted 10 weeks.
The Bucheit jury reached its verdict in U.S. District Court in less than five hours Wednesday, the sixth day of the trial. The government had called 10 witnesses; the defense called two.
Asked for transcript
About two hours into deliberations, the jury asked for a transcript of the trial. U.S. District Judge Lesley Brooks Wells denied the request, telling them to rely on their individual memories.
The six-man, six-woman panel found Bucheit guilty of conspiracy to violate the federal bribery statute, giving an unlawful gratuity to a public official (Traficant) and perjury before a federal grand jury. Judge Wells set sentencing for the 70-year-old West Palm Beach, Fla., man for July 14.
Matthew B. Kall, lead prosecutor, said the maximum penalty Bucheit faces is 12 years in prison, but under federal sentencing guidelines, he will receive substantially less. The guideline range will be determined through a presentence investigation.
Bucheit's wife sat in the gallery, her head bowed and her face ashen, as the judge read the verdicts. The Bucheits, originally from Boardman, held hands as they left court. They had no comment.
Defense lawyer's reaction
The quick verdict incensed Cleveland defense attorney Roger M. Synenberg.
"We're shocked that the jury found him guilty on the evidence presented," Synenberg said, as he guided the Bucheits to an elevator. "We will appeal."
Synenberg said it would have taken jurors four hours alone to thoroughly review Bucheit's grand jury testimony from August 2000. The testimony included Bucheit's assertion that he trusted the congressman, who had IRS liens, would eventually pay for the remodeling done in 1993 at his horse farm in Greenford.
At the time, Bucheit International, which constructed large projects, was phasing out and Bucheit hired a carpenter and electrician to do the remodeling work.
His daughter testified that she prepared an invoice for most, not all, of the carpenter's services and neglected to bill Traficant for the electrical work.
The carpentry, valued at roughly $27,000, included a deck and railing, privacy fence and two-story addition with sliding doors and vinyl siding. The electrician's bill was nearly $4,000.
Guilt by association?
Synenberg believes Bucheit was found guilty by his association with the now-imprisoned ex-congressman.
Traficant, who will mark his 62nd birthday on May 8 in federal prison, is due out in July 2009. The U.S. House of Representatives expelled him July 24, 2002, and Judge Wells handed down an eight-year sentence a week later.
His pattern of corruptness included using his congressional office to aide businessmen, mostly contractors, and extorting cash, goods or services in return. He also took kickbacks from staffers.
By its verdict, the Bucheit jury believed he failed to collect $30,000 for work at Traficant's horse farm in return for official acts. Traficant helped negotiate multimillion-dollar settlements for Bucheit -- first in 1992 with the Saudi government for a shopping mall in Riyadh and then in 2000 with the Palestinian Authority for a precast cement factory in the Gaza Strip.
Craig S. Morford, lead prosecutor in the Traficant case, said the Bucheit verdict is important in and of itself. "It sends a dual message -- that it's not OK to give money to a public official under any circumstances and when asked, to be truthful about it."
Upcoming trial
The Vindicator asked Morford if the upcoming trial of Richard E. Detore, another Traficant co-defendant, would be the end of the Traficant saga. Morford said he couldn't comment.
Detore's trial, in June, will pit the Virginia engineer against his former boss at USAerospace Group, J.J. Cafaro of Liberty. Cafaro pleaded guilty to paying an illegal gratuity to Traficant -- roughly $40,000 in cash and boat repairs.
Detore is accused of taking part in the scheme to bribe Traficant. Last November, Cafaro received 15 months' probation.
meade@vindy.com