Lisa Manzella Corruption Posted on Line Oct 2011

8/4/2019 Lisa Manzella Corruption Posted on Line Oct 2011

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Possible Misconduct And Corruption In Shelby Township.

Count 1. Lisa Manzellas company did an appraisal on property owned by one of her campaigncontributors that resulted in a loss of over 2600.00 per year in tax funds to Shelby Township.

Count 2. Page 19 of Macomb County Sheriff Crime Report Case Number 090002810101/15/2010The township head of assessing contacted a company owned by Lisa Manzella to contract workto be performed by Lisa Manzellas company that directly affects the tax rolls and taxes paid tothe township by a township property owner who is also a campaign contributor to LisaManzellas election campaign.

Count 3.Lisa Manzella has employees of the township acting as agents for her business by steering,recommending and seeking work for her personally owned company while these people areemployed to represent the interest of the taxpayers, not Lisa Manzella.

Count 4.The time line of the police report coincides with Jamie Barra accepting a bribe in exchange forarranging a property appraisal by a company owned by Lisa Manzella for the briber (MarkKassab) and with Jamie Barra accepting a blank check from Mark Kassab to fill out and payMark Kassabs new, lowered, property taxes before the required tax deadline. This is service toa taxpayer, but the actions of Jamie Barra in conjunction with directly contacting Lisa Manzellaspersonal company for the taxpayer, after admitting that cash had exchanged hands, then takeinto account that Mark Kassab is a campaign donator of Lisa Manzellas election committee.The bribe to Jamie Barra was because the lowered property tax assessment based on thelowered appraisal by Lisa Manzellas company for Mark Kassab had cleared the tax reviewhurdle (with Jamie Barras help). This would save Mark Kassab 2615.00 on his property taxes in2009. Jamie Barra also stepped in to make sure Mark Kassabs taxes were paid on time. But

Jamie Barra, as a paid agent for Mark Kassab at the time was working against the interest ofthe Shelby Township taxpayers.

Count 5.Lisa Manzellas has enriched herself financially at the expense of Shelby Township taxpayerswhen a company owned by Lisa Manzella accepts and performs compensated work that lowersthe level of funds collected for the township this lowering the level of services provided to thetaxpayers.

Count 6. Page 12 of November 10, 2009 Work Session Minutes (page 11 Mrs. Manzellabelieve discipline for Mr. Barra is unwarranted)When Jamie Barra was up for disciplinary action for accepting the bribe (gift), Lisa Manzella

refused to vote for any disciplinary action for Mr. Barra. I believe this action was because Mr.Barra works as an agent for Lisa Manzellas appraisal business and steers work to her companywhile being employed by Shelby Township.


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NOTES FOR CASE OF CORRUPTION INVOLVING LISA MANZELLA, JAMIE BARRA AND MARK KASSAB.

1. At the November 10, 2009 disciplinary action meeting of the Shelby Township board, trustee Lisa

Manzella voted against disciplinary action for Jaime Barra, the acting Shelby Township head of

assessing, who had accepted a bribe.

(Exhibit B: Page 12)

2. At the November 10, 2009 disciplinary action meeting of the Shelby Township Board, Trustee Lisa

Manzella voted against any disciplinary action for Jaime Barra, the acting Shelby Township head of the

assessing department, who accepted personal funds from a campaign contributor of Lisa Manzella*s

for lowering his tax liability to the county and township.

(Exhibit A -Page 19 fourth and fifth paragraphs) - (Exhibit B Page 12) (Exhibit C Page 4)



assessing department, who after accepting a bribe from a campaign contributor of Lisa Manzella,

steered work towards a company owned by Lisa Manzella that harmed all Shelby Township taxpayers.

(Exhibit B Page 12) (Exhibit C Page 4) (Exhibit A -Page 19 fourth and fifth paragraphs and Secondparagraph)



assessing department because of the business relationship they have where Jaime Barra provides

appraisal clients through his tax payer funded job, for the company owned by Lisa Manzella.

. (Exhibit B Page 12) - (Exhibit A -Page 19 Second paragraph).


Manzella voted against any disciplinary action for Jaime Barra, the acting Shelby Township head of theassessing department, because they are partners in a scheme to bilk Shelby Township out of

thousands of dollars in tax revenue.

(Exhibit B Page 12) - (Exhibit A -Page 19 Second paragraph). (Exhibit D)



assessing department, to protect her own personal business interest.

(Exhibit B Page 12) - (Exhibit A -Page 19 Second paragraph also Pages 40 through 42).

7. Trustee Lisa Manzella used her elected position to benefit financially while causing a loss of revenue toShelby Township in the current election cycle.

(Exhibit A Page 40 through page 42) - (Exhibit D)

8. Trustee Lisa Manzella owns a company that did an appraisal for one of her campaign contributors

lowering that campaign contributor*s liability to the township in 2009 and beyond by over $2600.00 per

year.

(Exhibit A Page 40 through page 42) (Exhibit D) (Exhibit C Page 4)


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9. For using Shelby Township resources and employees to enrich her personal business.

(Exhibit A Page 19 Paragraph 2, also Pages 40 through 42)

Exhibit A: Macomb County Sheriff Crime Report Case Number 0900028101 01/15/2010

Exhibit B: November 10 2009 Work Session Minutes of the Shelby Township Board

Exhibit C: Lisa Manzellas elections filings for 2008 election file 08/05/2008

Page 4 Contribution #1 Mark Kassab direct contribution to Lisa Manzellas re-election committee for fund

raiser.

Exhibit D: Using the state tax rate calculator I have figured roughly what this one possible actof corruption may be costing Shelby Township, Macomb County and all others dependent onproperty tax revenue.

https://treas-secure.state.mi.us/ptestimator/ptestimator.asp

452,693.00 Old SEV Value 2009 tax 13,012.00

362,500.00 New SEV Value 2009 tax 10,397.00

Total estimated loss to Shelby Township and Macomb in property tax revenue per year: $2615.00
https://treas-secure.state.mi.us/ptestimator/ptestimator.asphttps://treas-secure.state.mi.us/ptestimator/ptestimator.asphttps://treas-secure.state.mi.us/ptestimator/ptestimator.asp


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This is my Exhibit A The entire MacombCounty Sheriff Crime Report Case Number0900028101

The entire report was available for downloadfrom the site: SaveShelby.com I believethis report to be accurate, unabridged andthe actual Macomb County Sheriff CrimeReport.

72 pages total. I have indicated theparagraphs and page numbers based onthis report as evidence.


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ANTHONY M. WICKERSHAMOFFICE OF THE SHERIFF

KENf B. LAGERQUIUNDERSHERIFF

INVOICE

March 7, 2011

Mr. Robert Denison7026 GrenadierShelby Twp., MI 48317RE: FOIA Request - Richard Stathkis (100444-09)FOIA Fee 70 pages @ .50 per page 35.00TOTAL DUE $ 35.00

Please send business check or money order payable to the Macomb County Sheriff's Office,43565 Elizabeth Road, Mt. Clemens, MI 48043, Attn: Records.Thanking you in advance,

Bette GroveClerical Services Supervisor

43565 Elizabeth Rd. Mt. Clemens, Michigan 48043 Phone (586) 469-5151 FAX # (586) 307-9621www.macombsheriff.comExhibit "A" Page 1 of 72


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1, County Sheriff Crime Report Macomb County Sheriff

43565 Elizabeth Rd)00028101 Mt. Clemens, MI 480430900028101.1 586 469-5151c: 1/15/2010Page 1 0112

$ubjecl BRIBERY INVESTIGATIONA Approved

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Macomb County SheriffCrime ReportMacomb County Sheriff

Reporting Officer11272 - Daniels, DavidAssisted By

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The facts of this investigation reveal that Jaime Barra has been employed with Shelby Townshipsince 1990. Barra has served as a deputy assessor and since 2006 he has been acting as the day today head of the Shelby Township Assessor's office.That Mark Kassab gave Jaime Barra $500.00 while they were in Barra's Shelby Township office. Thedate of the exchange of this money is unclear- however both Barra and Kassab believe it took placesometime between December 2008 and early 2009 sometime in March or April around the Easterholiday. At the time of the $500.00 exchange of funds Kassab was active in Shelby Townshippolitics as a member of the Shelby Township Planning Commission. In addition to his position inlocal government Kassab also conducted business with Shelby Township in his capacity as a VicePresident of M. Shapiro Development Company. Shapiro and/or Kassab had (3) issues that werebeing reviewed by the Shelby Township Assessor's Office during this time frame. These issues areas follows: .1) A November 5, 2008 Market Street Parcel Split application (45343 Market Street) which Kassabwas acting as an agent fo r the property owner Independent Bank. The split was approved onFebruary 17, 2009. (This is the split that Barra speculates was the motive fo r the $500.00 payment)2) Kassab also dealt with the Assessor's office on a property tax appeal on another Market Streetparcel upon which a two story building next to the Costco's property was located. Again, Kassabwas acting as the agent for Independent Bank.3) Kassab was also appealing his Personal Property Tax Assessment. An independent ShelbyTownship Tax Assessment Board of Review agreed to lower the assessed value of Kassab'sproperty; as a result a Stipulation fo r Entry of a Consent Judgment was approved and signed byJamie Barra on July 17, 2009 Kassab's personal property assessment was reduced from$415,000.00 to $ 362,500.Mark Kassab was also appointed to the Shelby Township Downtown Development Authority onJuly 21, 2009. .Mr. Barra will state that Mark Kassab has never solicited a favor from him; nor has he (Barra) everasked for anything in return from (Kassab) for any work that he has done. Barra will also state that

PrinledFor: -,--- _ICRrt1v2f Printed: Oclobp.r:;>1 '1"'11" tn.',.Exhibit "A" Page 2 of 72


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2 County Sheriff Crime Report Macomb County Sheriff

43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043Report No. 0900028101.1 58646951511/15/2010Page 2 0112

he has done nothing over and above his normal course of business when dealing with MarkKassab.Mr. Kassab will state that the exchange of the $500.00 was a gift and nothing more.

fNTRODUCTION:On 9-23-09 while in the process of a previous investigation involving Shelby Township PublicOfficials (see attached MCSO OCA# 68188-09) I was contacted by the Shelby Township Chief ofPolice Robert Leman. I was advised by Chief Leman that on the previous Friday 9-18-09 he was inhis office discussing financial matters with the acting department head of the Assessing Office,Jamie Barra. Barra told him that in the spring of 2009, around the Easter holiday, he (Mr. Barra) hadreceived a "gift" of $500.00 from Shelby Township Planning Commissioner Mark Kassab. AllegedlyKassab told Barra that the $500.00 was "something the boys in office scrapped together" as a thankyou fo r Barra's assistance with the split of a parcel of property in Shelby Township. Per ChiefLeman Barra said he notified Shelby Township Supervisor Richard Stathakis of this payment; PerBarra, Stathakis told him to give the money to charity. Chief Leman advised me that Barra statedthat he wanted to make this statement "on the record, as a matter of transparency". Lemaninterviewed Barra again on Monday 9-21.09; at that time Barra told Chief Leman that SupervisorStathakis took $100.00 of the $500.00 that Barra had received from Mark Kassab.Chief Leman advised me that he felt this information needed to be shared with the Shelby TownshipBoard of Trustees. He went to Supervisor Stathakis's office on Tuesday 9-22-09 along withTownship Attorney Craig Lang to discuss the allegation. They agreed that the allegation should bebrought before the Township Board of Trustees and that Township Attorney Craig Lang and ChiefLeman advised Supervisor Stathakis not to meet with Barra alone to discuss this allegation.On 9-25-09 a confidential memo authored by Shelby Township Supervisor Richard Stathakis wassent to the Shelby Township Board of Trustees. The "confidential memo" outlined the allegationmade by Barra. As a result a special session of the Shelby Township Board of Trustees wasscheduled fo r Wednesday, 9-30-09 to discuss the memo that was issued by Stathakis reference theallegation.The special session was to determine employee disciplinary action against Barra.On 9-30-09 at the special session of the Shelby Township Board of Trustees meeting the Boardpassed a motion to pledge full Board cooperation with the County Sheriff and in fact encouragetheir participation in an investigation concerning the facts pertaining to the matter specified inRichard Stathakis' memo to the Township Board dated September 25,2009 regarding Jaime Barra.In addition the Board also passed a motion to hire a law firm, Pilchak Cohen & Tice, P.C. toconduct an independent investigation of the allegation.From the onset of the original investigation in early September 2009, all of the interviews andcontacts that I had made, I was clear to each individual that the information that was shared shouldbe held in confidence, therefore the investigation could proceed in a timely manner, unimpeded dueto information sharing. The news of the confidential memo and subsequent work session meetingwas spread throughout the network of Shelby Township government employees. A localnewspaper, The Macomb Daily, had received a copy of the confidential memo and printed theinformation in their newspaper. This would prove to hinder the investigation overall as theinformation that had been provided had a direct impact into the results of this investigation.

INVESTIGATION:After discussing the allegation that was made by Jaime Barra with Chief Leman on 9-23-09, wediscussed the possibility of involving the FBI in this investigation. I contacted Chief of StaffC.aptain Anthony Wickersham of the Macomb County Sheriff's Office Captain Wickersham refered

_MICRrtf v21Exhibit "A" Page 3 of 72


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43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043Report No. 0900028101.1 586469-51511/15/2010Page 3 of 12

me to Special Agent Jeff Eberley of the Macomb County office of the Federal Bureau ofInvestigation. I made contact with SA Eberley who agreed to meet with me on 9-30-09 to discussthe allegations made by Barra. SA Eberley agreed to assist with the interview of Jamie Barra.INTERVIEW OF JAIME BARRAOn 10-7-09 Special Agent Jeff Eber/ey and I interviewed Jaime Barra. Also in attendance during theinterview was Barra's attorney, Richard J. Graving. I advised Mr. Barra that he ....as present on hisown free will and that he was not the center or focus of our investigation at this time. Barraindicated that he understood, he also acknowledged that the information we were seeking involvedthe allegation he had made to Chief Leman.From the onset, attorney Graving indicated they were present on their own free will. However, hestated they were troubled that the information about this allegation had been printed in the MacombDaily and that his client had been portrayed in the local media as was having done somethingwrong. Barra asked if this interview was in response to the motion that was made by the ShelbyTownship Board to conduct a complete and thorough investigation. I advised Mr. Barra that I wasno t working for Shelby Township but that I work for the Macomb County Sheriff's Office. Thisinvestigation was going forward and being conducted by the Macomb County Sheriff's office at therequest of the Shelby Township Police Department. I explained that the reason we were in theoffice of the FBI was that I had asked fo r their assistance to strictly monitor the case to see if therewas something that may need their attention. I explained that this was an unusual case involVinglocal government officials and, with the allegations being made, I contacted the FBI fo r theirassistance and they agreed to sit in on this interview as an observer.Barra began his statement by telling us that he was feeling an extreme amount of pressure. Hestated that he was hoping that the 930-09 township meeting would result in the supervisor "feelingenough pressure to acknowledge exactly what happened". Barra stated "I'm still blown away bythe fact that the supervisor has not acknowledged what happened." I refocused the interview onBarra's employment history. He stated he has worked with Shelby Township since late 1989 or1990. He initially began his employment in the supervisor's office however primarily worked in theassessor's office and is currently the acting department head of the Assessing Department.Although he is no t a Level IV Assessor, since 2006 had has been the acting department head of theAssessing Department.I began to center the questions on the investigation that involved the allegation that Barra hadmade to Chief Leman in September about the $500 exchange of funds from Mark Kassab. Barrastated that a couple days prior to the 18th, he was summoned to Supervisor Rick Stathakis' officeto discuss the spacing problems inside the Shelby Township offices, specifically a conflict that wasgoing on with department heads inside the building. Also in the room at the time was Chief Leman.The discussion was centered around the fact that the Chief was asking fo r more space and thetopic was possibly using the room in the Assessor's Office to add on to the Shelby TownshipPolice Department.Barra stated a day or two later, after the initial meeting with Stathakis and Leman about the spacingissue, Barra was in Chief Leman's office. Barra described the meeting as initially discussing taxrevenue projections that Barra had supplied the Board; this was bothering Chief Leman as itimpacted his budget. Barra was clear on the fact that Chief Leman made mention of rumors andstresses that were going on during this time frame that he was dealing with. However, per BarraChief Leman did not directly state that there was an internal investigation going on reference aplanning commissioner being threatened. Barra stated that he did not know exactly Why he toldChief Leman, however he was aware and he had heard a rumor of a planning commissioner beingthreatened and that there was an investigation going on. However, this information did no t comefrom Chief Leman.I asked Barra to be specific as to how he delivered the information to Chief Leman about the $500

Prinled Oclober 21.2010 10'58 AMExhibit "A" Page 4 of 72


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4Ma.comb County Sheriff Crime Report Macomb County Sheriff43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043Report No. 0900028101.1 586469-5151eport Date 1/15/2010

Page 40112

exchange of funds from Mark Kassab. Initially, Barra was somewhat evasive in answering thequestion; however he finally described the reason fo r telling Chief Leman:quoting directly from the taped interview as fol!ows:..... issues that put us in a position where transparency in not so apparent and I think that is whatkind of got me. I'm a proponent of transparency. Believe me, I, so it was probably one of these

things that I felt uncomfortable ,;vith, that's vvhy ! discussed it v/ith him. Not that! felt like ~ . / e didanything wrong, I thought it was resolved. It was an example of, there's an example of whathappened in the back in the spring. 00 .on my desk and then, so then I went and got all the rogue inexplaining by way of example of things that make me feel uncomfortable. But it wasn't, it wasn't afeeling of guilt that I went to him in admiss ion. I think it was to continue our conversation aboutthings and the appearance of things that are going wrong in local government. ..... end quote.Barra went on to state that they talked for about fifteen to twenty minutes about the topic on Friday,91809. However Chief Leman had to leave to attend a meeting and the conversation ended. Barrastated that on Monday, the 21st, the Chief called him to his office to speak about the informationagain. At that point, Barra described the conversation in this way:quoting directly from the taped interview as follows:.....He called me back and he was concerned, it was in the morning, and he called me back. He'saidhe really didn't sleep so well all weekend and he was concerned about it. It was the first time that Istarted looking at it a little bit different ly. And, it was, and as we were talking, . 00' I felt like peoplewere just stacking little bricks on my shoulder ..... end quote.Barra went on to state that the second meeting on the 21st was more of a question and answerperiod as opposed to just two city employees sitting in their office complaining about problems thatthey are going through.I asked Barra to describe the event related to Chief Leman as far as how he received $500. InitiallyBarra was hesitant to provide the name of the individual that gave him the money. The reason fo rhis hesitancy was that he was worried about being sued for allegations that have been made. Barrawas clear on this fact; he stated that this individual had never solicited a favor from him and he hadnever asked for anything in return. Basica lly he was stating that the relationship was good between

'Mark Kassab and himself and that the possibility of him being sued for information that wasprovided was a concern of his. I advised Barra that Chief Leman had already provided me with thename of the individual who gave him the money. At that point, Barra did state that the $500 hereceived was from Mark Kassab.Barra went on to state that the reason why he felt that Kassab had given him the $500 was:quoting directly from the taped interview as follows:.....it's all described as one tax parcel. So the parcel goes in to there's a deed in lieu of foreclosurethat's filed on this with Independent Bank and Dilorenzo. Independent Bank pays the tax bills andnow they've go t a problem because they are trying to get the share of everybody else's portion ofthe tax bill back out. So I think that's why they hired Shapiro, and Shapiro was to try to make surewe get this land division split so that we didn't go through a whole another year of this becausethey had such a hard time getting this issue resolved where they...cuz once you pay the tax bill, it'spaid. You pay my tax bill, even by mistake, and it's your responsibility to know what you're payingon. If my bill's paid, I don't have to pay my tax bill if you paid it. Well that's where IndependentBank was ..."Barra continued quoting directly from the taped interview as follows:" 1think, and this is my speculation, they hired Shapiro to make sure that this property and thesplit combination would be done so that they wouldn't go through all of 2009, um, to be exposed, tobe exposed, and then have to fight with the other parties to get everybody to pay their share of thetaxes. Cuz the answer here is that the legal status of that property is, fo r tax purposes every year,

V2f Printed: Oclober 21.2010,10.58 AMExhibit "A" Page 5 of 72


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5Sheriff Crime Report Macomb County Sheriff

43565 Elizabeth Rdase No. 0900028101 Mt. Clemens, MI 48043586469-51511/15/2010Page 5 01 I i

is where it stands as of December 31st." ... end quote.I asked Barra to describe his relationship with Mark Kassab. Barra stated that he first met Kassabin March 2008 when he was working on the assessment of his personal property. Barra stated thathe was called in to Paul Viar's office in March, 2008. At the time, Mark Kassab was in Viar's office.Viar asked Barra to look into the complaint by Kassab because Kassab felt he was being treatedunfairly at the assessment ravia,:.' board.Barra stated that at some point during the relationship, he became aware that Mark Kassab was amember of the Planning Commission. However he was also aware that Kassab worked for theShapiro Group and that he had dealings with them, specifically on the Market Street parcel splitfrom Vince Dilorenzo's request to split the property. Barra concluded the conversation about theparcel split stating that basically their hands were tied, that the split was going to go through, thatthe land Development Act would not allow fo r him to do anything otherwise. Barra stated he wouldstand behind the split and that he would have no problem presenting it to any other assessor fortheir review. The split was done by the book according to the land Development Act, the split wasdone properly.That led me to ask the question why did he feel that the $500 was in return for the consideration orhelp on the parcel split . Barra stated that he did not know. Barra explained that this type of event,someone coming in to his office and handing him money in an envelope had never happenedbefore, however it has happened since...."REVElATION OF ADDITIONAL MONIES CHANGING HANDSAt that point, the interview shifted to this revelation of money exchanging hands again. Barraidentified a local broker and real estate developer named Gary Engle that he has had a long historyof dealings with as the Assessor of Shelby Township. Barra identified Engle's company asProperties Real Estate. group. Barra stated that in the Spring, 2009, the County Treasurer's officesends out a list of properties that are going up for sale due to the property owner defaulting on thetaxes. Barra explained that when the County Treasurer's office sends the list of properties to thelocal government, the local government has the opportunity to purchase the property. Thetownship has the right of first refusal to p u r c ~ a s e property that the owner defaulted on back taxes.If the township refuses to purchase the property, the property is offered to the public for sale.Barra stated he advised Supervisor Stathakis of this parcel of property to see if he was interested inpurchasing it. Barra was referred to Planning Director Glenn Wynn to see i f they had any interest inpurchasing the property and Barra was told the township was not interested. As a result of thetownship having no interest, Barra contacted Gary Engle and explained the sequence of events.quoting directly from the taped interview as follows:"there were no properties in that group that we were interested in. Which means that they go out tothe public now, they go out for the normal tax rate. And then when I was talking to Gary, I said toGary, I said, hey you know what? That gravel pit, he owns the one lake, he owns the small lakenorth of Twenty-Five Mile, he's got five duplexes on it, okay? He owns that lake. He has told me inthe past that he tried to buy the lake behind him that was owned by Bogart. They used to own thebar down on Eight Mile or something, a restaurant or something. The old man died, the familydidn't keep up with it and the property went up for tax sale. This is one of those, it's a big body ofwater that is just a liability, and we didn't want it. So I told him about it. He went the next day downto the County, bought the property, called me, was tickled pink, he bought it for $16,000, like fortyor sixty acres, but it's all wetland an.d gravel pit. He doesn't want it for anything to have that lakeget up to his property. Anyways so he was happy to get it. He was so happy that he wanted to, hewanted to meet me fo r coffee. So r went and had a cup of coffee over at Ocean Breeze with him.And this was about two months ago or so, okay? Then he gives me, he goes to give me anenvelope across the table and I say, no, no, absolutely not. You're not giving me an envelope. I,',I've had that ball and chain around my neck, I'm done with that. So in terms of on my mind, when Icame around to talking about, I gave it back to him, I says absolutely not. r said no, I'm not, no t he

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6M ~ c o m b County Sheriff Crime Report Macomb County Sheriff

43565 Elizabeth RdCase No. 0900028101 Mt. Clemens, MI 48043Report No. 0900028101.1 586 469-5151Dale: 1/15/2010Page 6 of 12

told me what was in it. I never, I didn't take, what did he say, he said there was three hundreddollars in it." ...end quoteBarra stated that he provided Engle with information that was public knowledge, it had beenposted in the local newspaper, and there was nothing inappropriate or illegal that he had done, hesimply supplied Engle with information that was readily available to anyone. ( interview of GaryEngle to follow)I asked Barra what he thought the outcome of this $500 event was going to be. Barra stated that hecould not understand why Rick Stathakis was distancing himself from the event. Barra stated hewas "floored" by the fact that the supervisor would not acknowledge that he had told him earlier inthe spring upon receiving this money from Mark Kassab that he would not take that responsibilityand would not acknowledge it to the Shelby Township Board of Trustees.quoting directly from the taped interview as follows:..."I'm going, I think that it'll, I think that everything is going to blow over and I'm gonna be therecipient of this wonderful work environment. That, ironically is created solely by me in terms ofmy discussions with Bob. It was not a, it was a discussion, it wasn't, I never felt Mark was doinganything wrong, I didn't think, I knew that keeping money would be wrong but I didn't, I didn't, Inever even, it never even entered into my mind, I didn't view it that way and then resolving it theway it was resolved. It was resolved. I wasn't comfortable with it, I didn't want to be put in thatposition and then Gary doing it, Gary Engle doing it just a couple of months ago, solidified thai, bUIit was, the bigger part of that whole issue was in getting rid of the money, giving it away, it felt kindof like a ball and chain. It was an obligation that " I guess I didn't want to have to come across thatbridge again...... end quoteBarra went on to state that he knew it was improper to profit personally from the $500, therefore hefelt getting rid of the money was a burden and that it was "like a ball an chain around my neck".I asked Barra to tell me how the $500 exchanged hands. Barra stated that it had to be near theSpring, 2009, because the board of review was in session and he typically wears a suit on thosedays. He stated that he kept the envelope of money in his sport coat inner pocket .and that is whyhe thinks the exchange of the money took place in March, 2009.quoting directly from the taped interview as follows:..."my office is at the end of the hallway. He comes in and he was just talking to me and then whenhe was getting up and going, he sat an envelope down on my desk. I didn't even know it was an.E:nvelope and he sat something on my desk and he said here, this is for you. And I said, what'sthat? And I'm sitting there and he stands up and he goes aw, it's nothing. He said, really, it's not abig deal, it's something that I scraped together with the guys in the office just that we appreciatewhat you've done and getting this all done. And / assumed that given the problems with trying tocollect the taxes, maybe it was a big deal. Maybe Independent Bank gave them a bonus fo raccomplishing those things, I don't know what it was ......end quoteBarra stated he did not look in the envelope, however:quoting directly from the taped interview as follows:... "/ could see what it was, I didn't know what it was exactly. I didn't know if it was tickets orsomething, I didn't know what it was. I assumed it was money because he said the guys scraped ittogether. I didn't figure each one of them gave him a ticket or something. But I said Mark, I don't, Idon't need this. I don't do what I do, I don't do what I do so that I need to get, I get paid by thetownship already. / don't need you to do that. I would do this for anybody. And he said' know, Iknow, and he walked out. Well when he walked out front, I was kind of walking with him and thenhe goes out and then my staff is out there and I don't want to make a big deal out of this cuz in frontof them so we walked ou t and to the lobby which is ironically right were the police desk is there.

Exhibit "A" Page 7 of 72


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7County Sheriff Crime Report Macomb County Sheriff43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043Report No. 0900028101.1 586 469-51511/15/2010

Page 7 01 12

And I'm out in there by the stairs and r said Mark, I can't take this. I said, I can't. I've neveraccepted that before an you don't need to do this. It's not something, at this point the split'salready done anyways, it wouldn't have mattered anyways. So, he and I had a good relationshipwith him in terms of he was always a nice guy. He was always, he's always been respectful and he,he calmed down after the Paul issue before that. So he wasn't radical, and he goes well, I'm no tgoing to take it back. He goes, look J gave it to you, you do whatever you want with it. I don't wantit back and he walked away." ...end quoteBarra stated he did not tell anyone in his office about the money. He indicated that Tom Monchak isthe individual who did the information on the parcel split, however he did not want to share thiswith anyone in his office. He stated that the next thing he did about this $500 was to go upstairsand speak with Supervisor Rick Stathakis on the same date that the money was delivered to him byMark Kassab.quoting directly from the taped interview as follows:.....1went upstairs, same day, and I'm going to make an assumption that this was a Friday. And thereason I say that is when I went upstairs, Rick's door was closed, he was in a meeting, this wouldhave been at the end of the day. This is four o'clock or after, excuse me, so I couldn't get in to talkto him about it. And I, I, I gave him the money. I went up and I talked to him about it, it was aSaturday. It had to be a Saturday just because of nobody else was in the offices." ... end quoteBarra went on to state the next available day he was able to meet with Stathakis was, he believes,on a Saturday morning because no one was in the office. He stated he went in to Rick Stathakis'office:quoting directly from the taped interview as follows:... "weill kind of laughed and I put it on his desk and kind of put it out, right out on his desk, and Isaid, we got a problem. And I laughed and I put it on the desk. And he said, he looked at it and hesaid what's that? I said it's an envelope. And he said weill can see that. I said it's got $500 in it .He said where's that from? I said, I told him at first a taxpayer brought this in and was appreciativeof something we'd done and they left it on my desk and they won't take it back. I said so now I'mfaced with what do I do with it. And I said so you're my supervisor and by virtue of the fact that wedon't have, you are also my human resource director, you are the appropriate person fo r me tobring this to. He reacted when I pu t that on his desk, he was surprised. And he actually, he didn'thave any answers as to what to do with it. I said well/what do you want to do with it. I didn't saywhat do you want to do with it. I said we have a problem and he said to me what do we do withit?" ...end quoteI asked Barra to be clear on this fact. Barra stated that Stathakis was unaware of what to do andStathakis was asking Barra what to do with this money. Barra stated that he felt because Stathakiswas so new, he did not know how to proceed with this type of event therefore they were puttingtheir heads together to try to figure out how to get rid of the money. Barra went on to state thatthey jointly agreed that the money should be given away to charity and that it would be Barra'sresponsibility to do so.Barra continued by stating that after he had given away $300, he went back, to SupervisorStathakis' office and advised him that he was having trouble getting rid of the money and he gave$100 to Rick Stathakis. Barra said he made a suggestion to Stathakis to take the money and give itto his church. Barra stated that Stathakis did, in fact, take $100 from the $500 that had beenreceived from Mark Kassab. Barra could not account for the last $100. He stated he gave $20 tosomeone who was the victim of a domestic violence case, however he was unable to account fo rthe remaining funds other than the aforementioned $400.Prior to ending the interview, I advised Mr. Barra that I would like him to submit to a polygraphexamination. Mr. Barra indicated he was more than Willing to come in to submit to the polygraph

Prinled. Oclober 21, 2010 10.58 AMExhibit "A" Page 8 of 72


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1/1512010

43565 Elizabeth RdMt. Clemens, MI 48043586469-5151 8

Page 8 Of 12

and felt that it was his only way of displaying to the Shelby Township Board of Trustees and his coworkers that he had nothing to hide. The interview was concluded at this time.EVALUATION OF INTERVIEWAfter the interview S,A. Jeff Eberley and I compared our thoughts; we were both of the opinion thatBara was being truthful. Although we both agreed that his first mistake was not giving the moneyback to Kassab also that he: had ample opportunity to either return the money by mail or documenthow it was given to charity by receipt. However his course of action by allegedly telling his bossSupervisor Rick Stathakis and the Chief of Police Leman, indicated that he was no t being deceptive.It was unclear as to why Barra would be prompted to come forward with the information after somuch time having elapsed although the theory of the rumor of an on-going investigation was themost credible reason we could collectively agree upon.S.A. Eberley's opinion that the nature of the complaint "he said/he said" and the fact that any typeof co-vert action that his office would attempt would be futile; due to the fact that the individualswho would be questioned were already made aware of the entire incident. For these reasons hestated that this incident would no t be investigated by their office. He did offer his assistance ifneded as to the completion of this investigation.5104 - Bribe (Other)

18R CodefBR Group

Crime Against

PACClocal Code

5104 - Bribe (Other)510 - BriberyAPR51000 - BRIBERY

Olten!';e Compleled?Hilte/Blas

11 - GovernmenUPublic BuildingYes tlo Prem Enlered00 - None (No Bias) EnrryMelhodNo . Tipe Securily

Tools Used

UsingAcli'lily

Force Le . elWeapons

S1: KASSAB, MARK SALIMNumber S1 00 8 9/18/1964 Place of Bil1hName KASSAB, MARK SALIM Age 45 SSN

Aliases Sex . M - Male DLN K-210-585-758-699Alert(s) Race W - White DL Siale MI - MichiganElhnidly U - Unknown DL Country

Address 54135 QUEENSBOROUGH DR HI. 6' 0" . O' O ' Occupation/GradeCSZ

Shelby Twp, MI 48316 WI 185 -E ~ D y e r / S c h o o i

Eye Color HAZ - Hazel Employe, AddressMO Hair Color Employer CSZ

Allire Hair Slyle Res, County MacombSialus Hail Length Res. Country USA UnitedStates of AmericaFadal Hair Residenl Stalus R - Resident of

the community,city, or townwhere the offenseoccurred

C o ~ l e x i o n 8uild

P,inled Oclober 21, 2010,10:56 AMExhibit "A" Page 9 of 72


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9ty Sheriff Crime Report Macomb County Sheriff

43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043Report No. 0900028101.1 586469-5151P a g e 9 0 f ' ~

- Business Phone #1- Cell Phone #1

Suspect f..tOles

S2: BARRA, JAIME TODD

Teelh

Description248 865-0066248 310-0536\0 Number

Descnplar

10 Issuer !'lame

Oescrjplion

NumberName

AliasesAlertfs)

AddressCSZ

MOAllire-

OffenderStalus

S2BARRA. JAIME TODD

12060 - 22 MILE ROADShelby Twp, Ml 48316

oo BAgeSex

RaceElhnicil)'

HIWI

E)e ColorHal' ColorHair SI}1e

Hair lenglh

Facial Hair

Complexion

10/12/196246M - MaleW - WhiteU - Unknown

BRO - BrownBRO Brown

Place or Bir1hSSNoL N

DL SialeDL Country

Occupation/GradeEmployer/School

Employer .AddressEmployer CSZ

Res CountyRes. Counlr)'

Residenl Status

B-600-362-799-785

Township ofShelby

MACOMBUSA - UnitedStates of AmericaR - Resident ofthe community.city. or townwhere the offenseoccurred

BuildTeelh

- Home Phone #1 OeSCliplion586 726-0559IDs ID Number ID Issuer Name

Descripl01 Desc1iption

peel Noles

S3: STATHAKIS, RICHARD HARRYNumber

NameAliasesAler1(s)

Address

535T ATHAKIS, RICHARD HARRY

13883 TIMBERVIEW DR

oo BAgeSe t

RaceElhnicily

HI

7/31/195653M . MaleW WhiteU - Unknown6' 0" . l ' 0"

Place of SinhSSNoL N

DL SI.leDL Counlry

oecupaijon/Grade

S 3 3 2 ~ 7 3 8 - 2 9 8 5 9 9

Prinleo' October 21,2010 10:5B AMExhibit "A" Page 10 of 72


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County Sheriff Crime Report Macomb County Sheriff43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043No. 0900028101.1 586 469-51511/15/2010 10

Page 100112

CS l Shelby Twp, MI 48316

Allirc

Slalus

Home Phone #1ID s

V1: [El STATE OF MICHIGAN

WI.

Eye Colo'Hai' Colo'Hair Sly1e

Hall Le:lglh

FaCial Hair

C o ~ l e 7 . i o n Build

Teeth

Descriplion586677-574710 I'Jwnber

D e ~ c n p l O I

Code V1 ViclimorViClim Trpe G - Government

Name [E l STATE OF MICHIGAN 00 8Aliases AgeAlert(,) Sex

RaceAddress. Elhnicil)'

CSZ HI.WI.

Allire Eye ColorInjury Hair Color

Facial HairComplexion

Oescriplion

10 Number

205BRO - BrownBRO - Brown

10 Issuer

Oes.criplion

5104 - Bribe (Other)

10 IssuerTeslify

Township ofShelby

Employer AddressEmplore, CSl

Re,. Counly MACOM BRes.Counlry USA - United

States of AmericaResidenlSlalu, R - Resident of

the community,city, or townwhere the offenseoccurred

t-Jame

Place 01 BirthSSNOLN

OL SialeOL Counlry

Occupation/GradeEmployer/School

Elr4>loyer AddressEmployer CSZ

Res. CounlyRes. Counlry

Residenl Sialus

Name

P,inled Oelober 21.20101058 AMExhibit "A" Page 11 of 72


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Macomb County Sheriff Crime Report Macomb County SheriffCase No. 0900028101Report No. 0900028101.1

Date: 1/15/2010

43565 Elizabeth RdMt. Clemens, MI 48043586 469-51 51 11

Page 11 01 1,

' c e ~ , e n l Killed or

TypeAssignment

AClivilyOlher OR!

Juslifiable HomcideCircurnslances

Relalionshi DS

Viclim rJoles

W1: GRIFFIN, WILLIAM P.Wllness Code

NameAliasesA/enls)

AddressC52

W1GRIFFIN, WILLIAM P.OOBAgeSe,

RaceElhnicily

HIWI

12/31/196147M - MaleW - WhiteU - Unknown

Place of Bit1hSSNou.

Ol SialeOL Country

OccupafionfGradeE r n p l G y ~ f f S c h o l ) l

AllireEye ColorHaiJ COlor

Facial HairComple1:ion

Emplorer AddressEmploYEr C S2

Res Coun')'Res Coulllry

Resid,:nl SiafusTcShly

- Business Phone #1- Cell Phone #1Oescriplion248 433-7711248 892-7804

emenlal I D 10 number 10 Issuer tJame

NOles

GARY CARLWilness Code

NameAliasesAlen(s)

AddressCSZ

Allire

W2ENGLE, GARY CARL

50346 VAN DYKE AVEShelby Twp, MI 48317

OOBAgeSe,

RaceElhnicily

HI.WI.

cye ColorHair Color

7/28/194267M MaleW WhiteU - Unknown

Place of BirlhSSNOl N

OL SialeOl Counlry

Occupalion/GradeEmployer/School

Employer AddressErTl!'loyer CSZ

BROKERPROPERTIESREAL ESTATE

Fadal Hair Res. COunlyCOfrl'lexion Res. Counlry

Resident SialusTestify

- Business Phone #1 Oescriplion586 739-9000105

10 Number 10 Issuer Name

Pnnled October 21. 2010 to:5B AMExhibit "A" Page 12 of 72


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County Sheriff Crime Report Macomb County Sheriff43565 Elizabeth RdCase No. 0900028101Report No. 0900028101.1

Dale: 1/15/2010Mt. Clemens, MI586469-5151

48043 12N o l ~ S

Description Item 1: 2102 - Bills/Money - Misc.lAssorted 5420 - $500.00 US CURRENCY/lA.m , ~ 1

Propert}' Calegory 2102 - Bills/Money Misc./Assorted 5420Property Class 20

IBR Type 20 - MoneyUCR Type A - Currency, Notes, Etc ...Sialus S - Stolen/Etc.(Bribed/Defra uded/Em bezzled/Ransom ed/Etc.)Counl 1Value 500

ManufacturerfI.1odel

Serial tJo.License f ~

Calf)(Description $500.00 US CURRENCY

VEhicle Year001)' SI)'Ie:

SialeLicense 'Ye:ar

Evidence TagAle r1(s}

Eyidence Reco'Jered Sr'Evidence Recovered From

Evidence Location

Drug TypeDrug Quanlily

Drug Measure

Property Noles

Prinle


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43565 Elizabeth RdCase No. 0900028101 ML Clemens, MI 48043Report No 0900028101.2 586469-51511/15/2010

Page 1 01 7

Subject BRIBERY INVESTIGATIONReport Sialus A - ApprovedAgency Counlr 50 - Macomb

C i I Y ! T O ~ ' ~ ~ ~ ~ ~ 11 - Shelby TwpOccurred On 9/23/2009 1:00:00 PMOr Between

Business Namelocalion 43565 Elizabeth Rd

CSZ MT CLEMENS, MI 48043Code

JurisdicLion

SeelerMap 0- NIACall Source Telephone

Vehicle ACllvil}Veh Traveling

Cross StreelMeansMolive

Entered On~ n t . r e d BrV.,iliedOnV


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2County Sherif f Crime Report Macomb County Sheriff43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043Report No. 0900028101.2 586469-51511/15/2010

Page 2 01 7

is exactly what I didn't want to do. Weill went down there and I went in Jaime's office and I shut thedoor and I said what did you do, why did you do it and why did you mention me in this? What is myrole? And he's Rick Rick I'm sorry, I don't know how many times he apologized. And I said this isridiculous, you took money didn't you? Yes I did, I'm sorry, and he just kept apologizing and Rick,ya know it was one of those things. And then I, and then I looked at him and I'm not a H.R. guy, yaknow, so I probably shouldn't have said this but I did. I says this is something I can fire you for andI've go t Leman in on this, I've got your labor attorney. He looked at me and he says, well you don'thave Rena looking at this as well, do you? I says no I don't but that doesn't make any differencebecause I am going to, I can do what I want in this situation, I am also the HR director. And this is avery serious matter. And uh, I don't know, I was really, reall y upset, it was pretty emotional, okay?I mean I wasn't shouting, I was talking kind of like, you know, like I was talking to you. And then I,after five minutes; ten minutes I was still mad but I had kind of cooled down cuz ! mean he was kindof tearing up a little bit. And uh I mean what would you do if your boss suddenly confronted you."... end of quote.I redirected Stathakis into telling me what exactly Jaime Barra had told him about the money andhow he had received it.Quoting directly from the taped interview as follows:.. ,"so here's what I said. I said uh, I said um, so when I was all done and he was telling me he wassorry, I looked at him and I said uh, you didn't really answer my question. Why did you take themoney and why did you, why did you include me in on this? And then he looked at me and he said,oh you don't remember? And at that point, I just got up and left." ...end of quoteAt this point, I reviewed the memo that I had received from Township Clerk Terri Kowal datedOctober 2,2009. The memo indicates that as a result of a work session of the Board of Trusteesheld on Wednesday, September 30,2009, that the following motion was made. The ShelbyTownship board of Trustees move to p l ~ d g e full board cooperation with the County Sheriff's and, infact, encourages participation in the investigation concerning the facts pertaining to the matterspecified in the Richard Stathakis memo to the township board dated 92509 regarding Jaime. Barra. I was setting the tone for the interview to allow Mr. Stathakis the opportunity to come in fo r apolygraph examination. I advised Mr. Stathakis that I had previously interviewed Jaime Barra a fewdays earlier and that the FBI was assisting in the investigation. I asked Stathakis if he would besurprised if I told him that Jaime Barra had submitted to and had passed a polygraph examination.Stathakis stated yes, it would surprise him.It was at this point that I advised Mr. Stathakis that I had scheduled dates available fo r him to comein to submit to a polygraph. I also advised Stathakis that this was his opportunity to answer theallegations made by Barra; in that Barra had told Stathakis about the money being received fromMark Kassab in or around Easter of 2009 and that Barra claimed that Stathakis had taken $100 of the money.

It should be noted that upon exiting the interview, I compared my interpret


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Ma.comb County Sheriff Crime Report Macomb County SheriffCase No. 0900028101

Report No. 0900028101.2Report Dale 1/15/2010

43565 Elizabeth RdMt. Clemens, MI 48043586469-5151 3

Page J 01 ;

S I would consider anything at this point but I probably need to talk to somebody before I gotoo much further on this.D Sure, yeah, and the reason why obviously is because with the polygraph, with that it'sgoing to be an effort to admonish you from this. An effort for you, first of all, a polygraph is a toolfor a couple of reasons. First thing I use polygraphs for is to show if the person I'm talking to willcome in, that shows me he is cooperative. Secondly, when he passes it, we can absolve him of(innaudible). A polygraph is not adrnissible but they are a tool that we use, it's a great investigativetool. So if anybody has a question, they take a polygraph cuz everybody watches CSI, everybodywatches that stuff on TV, there's a certain amount of that that's correct. But there's a certainamount of that that we use as investigators.S OkayD We're going to be able to fashion questions specifically about that event, in fact I will no tfashion questions, you will not fashion questions, attorneys won't fashion those questions, theexaminer will be asking specific questions about this event, that's it, nothing else, okay? And thatwill allow us to at least, whenever it comes to a point of going to a prosecutor or going to theattorney general's office if it gets that far, thatwe are able to say, did he take the polygraph? yes hedid, how did you do? he passed.S Okay, I, like I said...o We're going to have to put this thing to rest.S Yeaho It's out there unfortunately it go t in the news and now it's out there. Okay I would prefer thatit not get there, but I have no control over what folks do. Alright, if it was up to me, we could handlethis, we eQuid take care of this in house. This is a political hot potato fo r everybody involved,believe me Rick, I appreciate that and I respect that very much so, okay? I would prefer actuallythat I didn't need to come to your office because (inaudible) I come here or there, we don't need themedia because who ever told about your business or our business is about transparency, I agreewith that a hundred percent. That's why my bosses allow me to do this investigation, okay? Weare nothing if not transparent, all right? So based on that information, I am confident you are goingto talk to your attorneys here and they are going to tell you go on in for the polygraph and let's getthis thing done and put it to rest, that's what I'm thinking, okay?"It should be noted that' never received a call back from Supervisor Stathakis regarding schedulinga polygraph. I left a voice mail and messages; the following Tuesday, J made contact withStathakis. Mr. Stathakis advised me he had retained an attorney, Cy Abdoo, and he explained to methat Mr. Abdoo had advised him not to come in for the polygraph therefore Mr. Stathakis refused tosubmit to a polygraph examination.DISCREPANCIES NOTED IN INTERVIEW OF RICK STATHAKIS:During the course of this investigation, I spoke with to Chief Leman numerous times, specificallyabout how the allegation was received by th e Chief and how he communicated the information toMr. Stathakis. Chief Leman advised me that he had spoken to Stalhakis on the 22nd of Septemberwith Craig Lang. Chief Leman is an experienced police officer and has interviewed nume'rouspeople during the course of his career. Chief Leman stated to me that when he first presented theinformation to Rick Stathakis about Jaime Barra's allegation, he felt that Stathakis' response wasunusual in the fact that he did not become upset; he did not question the allegation, more so thestatement he made was "why is he dragging me into this?" Chief Leman advised me that he feltthat this response was unusual and that he had anticipated Stathakis would become angry orupset, however that was not the reaction he received and he noted that as being unusual.During the course of my interview with Mr. Stathakis and on the tape recorded statement, he againmakes the statement that instead of becoming angry initially his first response was "why are youdragging me into this?" to Jaime Barra when he confronts him with the allegation.During my debriefing from Chief Leman on this information, he stated that he and Craig Lang were

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43565 Elizabeth RdCase No. 0900028101 Mt. Clemens, MI 48043Report No. 0900028101.2 586 469-51511/15/2010Page 4 01 ;

in Stathakis' office until approximately 2:30 PM on Tuesday, the 22nd of September. Per ChiefLeman, Craig Lang had instructed Stathakis not to speak to Jaime Barra alone and to wait until thefollowing day until they could figure out what they wanted to do. Stathakis ignored the direction ofthe labor attorney for Shelby Township and in his words "walked down to Jaime Barra's office andconfronted him" in his office. During the course of my investigation, I spoke with Jaime Barraabout this specific topic and Barra denied that the conversation between Stathakis and himself tookplace in that manner. Barra presented me with his cell phone showing he had captured a phonecall, which was still on display; the call was received after 4:30 PM on 9-22-09 from Rick Stathakis.Barra stated he was at the county building at the tax tribunal hearing and he was not in the officeuntil late Tuesday evening, closer to 5:00 PM. This disputes Stathakis' statement to me that hewalked down to Barra's office and confronted him inside his office, approximately forty-fiveminutes after Leman and Lang had left his office. That would have been closer to 3:15 - 3:30 PM. Infact, Jaime Barra was not even present in the Shelby township offices until closer to 5:00 PM thatevening.Per Chief Leman, during the meeting with Craig Lang, himself and Rick Stathakis on September22nd, Leman and Lang had agreed that this allegation made by Jaime Barra need to be brought tothe attention of the full board of Shelby Township trustees and Lang made the recommendationthat it be done. It was Leman's understanding that after the meeting on the 22nd, that the full boardwould be advised of the allegation made by Barra within a timely manner.On 11-10-09, after my interview with Rick Stathakis in his office, I conducted an interview with hissecretary, Andrea Piccirrilo. Andrea advised me tilat on September 24, Stathakis e-mailed her,requesting that she type a letter of reprimand addressed to Jamie Barra on Shelby Townshipletterhead. Per Andrea, Stathakis was going to serve discipline on Barra and then notify the Boardof Trustees. (see email of letter of reprimand attached)Andrea stated that she confronted Supervisor Stathakis advising him that she would not type thememo and she felt that it was her responsibility to advise the Supervisor that he needed to take thisinformation and present it to the full board. She retained a copy of the draft of the memo whichshe presented to me as verification. It is apparent that Stathakis was attempting to resolve thisissue without taking it to the full board. Again, this is direct contradiction to the advice anddirection that the Shelby Township labor attorney had given to Stathakis on how to handle thesituation.Prior to ending the interview with Supervisor Stathakis, I confirmed with him that I had set asidefour separate time slots over a two day period available for him to submit to a polygraphexamination. Stathakis stated the he was in agreement with the memo that was sent to me from thefull board pledging full cooperation in this investigation. He indicated he would contact me toadvise me whenlif he was coming in fo r the polygraph, however I did no t hear from him. I was ableto eventually make contact with him at which time he advised me he would not submit to thepolygraph exam. After learning this, I reviewed the information I had received from Terri Kowalfrom the special work session advising that the township was pledging full cooperation in theinvestigation. I asked Stathakis how he could explain to the citizens of Shelby Township and theBoard that he was being cooperative when he would not come in fo r the polygraph ~ x a m i n a t i o n . Stathakis did not 0 provide me with answer oth.er than he was going on the recommendation of hisattorney.It should be noted that I made contact with attorney, Cy Abdoo. Attorney Abdoo explained that hehad not been retain'ed by Stathakis. He indicated he had received a telephone call from RickStathakis about the possibility of taking a polygraph. Mr. Abdoo stated he advised Stathakis thathe should not submit to a polygraph and added that he would never allow any of his clients tosubmit to a polygraph as he did not believe in them.

Exhibit "A" Page 17 of 72


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5Ma,comb County Sheriff Crime Report Macomb County Sheriff43565 Elizabeth RdCase No. 0900028101 Ml. Clemens, MI 48043Report No 0900028101.2 586469-5151eport Date: 1/15/2010

Page 5 of :

INTERVIEW OF MARK KASSABOn 11-20-09, I conducted an audio and video recorded interview at the Macomb County Sheriff'sOffice with Mark Kassab. Also present during the interview was his attorney Steve Rabaut andDetective Lieutenant Elizabeth Darga. Prior to beginning the interview, I advised Kassab that hewas here of his own free will, that he was free to leave at any time, and that he was the focus of aninvestigation and could possibly be charged with a crime. Kassab indicated he understood and Mr.Rabaut acknowledged they understood that he was there on his own free will and Kassab wasprepared to make a statement with regards to the investigation I was conducting.I advised Mr. Kassab that in the previous interview on 11-16-09, we were talking about a threatscomplaint that involved Jan Elliott, a Planning Commission member of Shelby Township, andRobert Paul Viar, the ShelbyTownship Treasurer. The focus of this interview was to answerquestions about an allegation made by Jaime Barra, the Acting Head of the Shelby TownshipAssessing Department. In September, Mr. Barra had reported to Police Chief Robert Leman that hehad received a $500 gift from Mark Kassab. I explained that the questions during this interviewwould be pertaining to that incident.The opening round of questions revolved around Mr. Kassab's employment and his involvementwith Shelby Township politics. Kassab stated he is the Vice-President of M. Shapiro DevelopmentCompany LLC. He works fo r Mickey Shapiro and a majority of their land development and businessis conducted in Oakland County. Kassab stated he was also a member of the Shelby TownshipPlanning Commission but had since resigned. In addition, he was a merJ:lber of the ShelbyTownship Downtown Development Authority and he recently resigned from that position as well.In asking Kassab about what he does for a living and business that he conducted in ShelbyTownship, I felt he was somewhat evasive with his answers. Specifically, if I didn't ask the exactquestions, the answer was not forthcoming. Due to my limited knowledge of real estate, landa,cquisitions, land development and land banking, there is a possibility that some questions mayno t have been answered to the exact point.In reViewing the assertion that had been made by Barra; which is that the $500.00 dollars was inreturn for a property parcel split that Kassab assisted with as an a.gent of Independent Bank while

employed by Shapiro Development Company l lC. Kassab stated that Shapiro was hired byIndependent Bank. Independent Bank was the property owner of several acres of property on thesite in question located on Hall Road and Market Street which is just east of M-53. The parcel issituated on the east side of Market Street which is bisected by lakeshore Drive on the north. Theproperty abuts to the commercial property of Costco. Kassab was hired by Independent Bank;Shapiro/Kassab conducted their own assessment of the foreclosed/acquired property and theyprovided information to the Shelby Township Assessor's so the parcel split would proceed.Kassab stated that the prior owner of the property, Vincent Delorenzo, had applied fo r a parcel splitin November, 2009. Kassab's responsibility to Independent Bank was to assist with gatheringaccurate information so that the parcel split would go through. The reason fo r the interest byIndependent bank is as follows: in 2008 Independent Bank paid taxes on the entire parcel of theproperty which also included the parcel that was owned by Vincent Delorenzo. Independent Bankhad asked the Shapiro Group to pursue the split of the property; thereby avoiding the exposure ofpaying taxes on the entire piece of real estate.During the course of the interview, Kassab reiterated several times that he considered Barra hisfriend and that Barra needed the money. Kassab stated he had no intention of getting anything inreturn. Kassab stated the allegation made that the $500 was reward or gift for the parcel split onthe Market StreeUCostco location, does not prove to be truthful. Kassab's explainantion of the splitwas that it would have been suspicious if the spilt had been accomplished by December 31, 2008.In fact, it was not completed until February, 2009; therefore the appearance that the $500 was a giftfo r Barra pushing the parcel split through before the 31st of December is no t true.

Ponied: October 21, 201010:56 AMExhibit "A" Page 18 of 72


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6Ma.comb County Sheriff Crime Report Macomb County Sheriff

43565 Elizabeth RdCase No. 0900028101 Mt. Clemens, MI 48043Report No. 0900028101.2 586 469-5151Report Dale: 1/15/2010Page 6 017

I asked Kassab about his relationship with Jamie Barra. Kassab stated that he considered himselfa friend of Barra's and he felt badly about this situation and what has happened. Kassab stated heknew of Barra prior to March of 2008; however it was in March of 2008 when he first had directcontact with Barra. This contact occurred during the course of him appealing the taxes on hisprivate residence which he had compieted building in 2007. Kassab offered his appeal to theShelby Township tax appeal board; however he felt like he had not been given a fair assessment ofhis property. Kassab took his complaint on the assessment to the Treasurer, Paul Viar. At thatpoint, Viar summoned Jaime Barra to the office to review the assessment.Over the course of several weeks Barra meet with Kassab reviewing architect blue prints of theresidence. Barra suggested that Kassab obtain another appraisal of his residence. Barra did hireShelby Township Trustee Lisa Manzella's husband Joseph Manzella to conduct that appraisal.Manzella appraised the value of the property at $725.000. On July17, 2009 Kassab took theassessment conducted by Manzella's husband to Jaime Barra. Barra and Kassab entered into astipulated consent judgment which lowered Kassab's S.E.V. on his personal property from$415,000.00 to $362,500.Kassab explained that on September 14,2009, he came in to pay his property taxes. He brought

'with him his original property tax bill and the stipulated judgment that had been signed by Barra.Kassab stated he was having a conflict with the clerk working at the desk over the proper taxamount to be paid; Kassab stated Jaime Barra intervened during the course of the conflict andadvised Kassab that he had not had the time to complete the proper paperwork to record the lowerassessment. As a result, Kassab stated he handed Barra a check made payable to the CharterTownship of Shelby. Kassab left the check amount blank and asked Barra to fill in the dollaramount for his property taxes and he then left as he had to go to work. Kassab later received anemail from Barra indicating that Barra had a


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County Sheriff Crime Report Macomb County Sheriff43565 Elizabeth RdCase No. 0900028101 MI. Clemens, MI 48043Report No 0900028101.2 586469-51511/15/2010 7

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he did no t follow Kassab ou t of the office and he did not walk out to the hallway as Barra indicateshe did during his interview with Pilchuk.Prior to ending the interview, I advised Kassab and his attorney that this case would be presentedto the Macomb County Prosecutor's Office for review. If they determine the investigation shouldresult in a warrant authorization I advised that I would contact Mr. Rabaut. The interview WtlSconcluded at this time.DESCRPIENCES NOTED IN INTERVIEW OF MARK KASSAB:The original suggestion that the $500.00 gift was in response to pushing the Market Street parcelspilt through before December 31,2008 is unfounded and also irrelevant. The parcel split was no taccomplished by the end of 2008. However the split did no t need to be completed by December 31 ,2008 for Independent Bank to be successful in there attempt to avoid paying taxes on the entirepiece of property.The Market Street parcel split application of Vincent Delorenzo proceeded after the November 5,2008 submission. The Shelby Township assessor's office did send the Market Street parcel split toMacomb County on February 6,2009. On February 17, 2009 Macomb County returned the split asbeen approved. For the taxable amount to be set for 2009 the split needed to be approved beforethe tax rolls are signed; which is in March of 2009. As a result the parcel split was accomplished ina timely manner.It was unclear as to why Barra would be prompted to come forward however the following time

line is apparent:1) the attempt of Gary Engle to provide money to Barra- this happened in late summer 20092) the fact that Barra intervened in Kassab's property tax issue on September 14, 2009 .. ASeptember 14, 2009 email from Barra to Kassab explains that Barra had filled in the prorated taxamount on Kassab's personal check and given it to the treasurer's office personally.3) the fact that Barra was aware of an internal investigation5104 - Bribe (Other)

5104 - Bribe (Other)18R Code18R Group

510 . BriberyALocation Type

OHense Campleled?11 - Government/Public BuildingYes No Prem. Enlered

Crime Against PR Hale/Bias 00 - None (No Bias) Enlryl.lelhodFile Class 51000 . BRIBERY Domestic Violence No T ~ p e Secunl}"

PACC Tools UsedLocal Code

UsingAClivil}'Force Level

Weapons -

pnnled. Oelaber 21. 2010 10:56AMExhibit "A" Page 20 of 72


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County Sheriff Crime ReportCase No. 0900028101

Report No. 0900028101.31/15/2010

Macomb County Sheriff43565 Elizabeth RdMt. Clemens, MI 48043586469-5151 1

Page 1 016

Subjeci BRIBERY INVESTIGATIONCase Repon Sialus A - Approved

Agency Counl" 50. MacombAgenC)' 11 - Shelby TwpCil)'ffc"..llShljJ

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CS l MT CLEMENS, MI 48043Census/Geo Code

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Relaled Cases

1/19120106:21:29 PM11272 - Daniels, David1/2412010 2:59: 58 PM11272 - Daniels, David1/24/2010 3:00:04 PM11272 - Daniels, DavidActive

Macomb County SheriffCrime ReportMacomb County Sheriff

Reporting OffIcer11272 Daniels, DavidAssisled By

Agency Assisted

Call lor Service 11090100444

ReDon Narralr'o INTERVIEW WITH GARY CARL ENGLE:Upon learning the revelation that was made by Jaime Barra during the interview at the FBI office on10-7-09, I made contact with Gary Engle via telephone. Mr. Engle was forthcoming with hisinformation. Engle explained that he had been trying to acquire a piece of property which abuttedto another parcel of property that he owned in Shelby Township on Twenty-Five Mile Road east ofVan Dyke. Engle stated that Barra had contacted him and advised him that the property in questionhad been offered to the Township of Shelby for the back taxes. Barra advised Engle that thetownship was not interested in acquiring the property and that the property would be sold at theSheriff's auction which was coming up in the near future. Engle stated on the following day, hewent and purchased the property. Engle"stated he was very appreciative that Barra had told himabout the property. Shortly after Engle acquired the property, he and Barra met for lunch at theOceanbreeze restaurant in Shelby Township. Engle stated he had been attempting to acquire thisproperty for many years. After learning from Barra that the property was being offered fo r sale bythe county for back taxes, he talked with his wife and they both agreed that they should somehowshow Barra their gratitude for the phone call. Engle stated he attempted to give Barra $300. Hecould not recall if he had it in an envelope or if he had simply taken it ou t of his wallet, bu t he toldBarra that he wanted to show his gratitude and wanted Barra to take his wi fe and family out todinner. Engle stated Barra would not accept the money. Barra told Engle that he did not doanything more than to advise Engle of information that was open to the public and in thenewspaper. Engle stated that the property was advertised as is required for the Sheriff's auction,but that he was negligent in watching the newspapers fo r information on this piece of property.Engle stated the Barra simply Jet him know the proper ty had become available fo r sale which wasinformation available to the public.Engle stated that over the course of the years, there have been many disagreements between JaimeBarra and the Assessor's Office and himself, however he believes Jaime Barra is an honest personand he could not believe that Barra was going through the things that Engle had been readingabout in the newspaper. Engle stated that he respects Jaime Barra and he would never considerthat Barra would ever take a bribe as was being described in the media.I advised Mr. Engle that this conversation would be included in my investigative report and that I

Prinled For:Ponied: OClo-:-be-r-::21--:,::-0:-:10-.- : : : 1 0 - = : 5 ~ 9A-- :M-- - - Exhibit "A" Page 21 of 72


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43565 Elizabeth RdCase No. 0900028101 Mt. Clemens, MI 48043Report No. 0900028101.3 586469-51511/15/2010Page 2016

may be in contact with him in the future. Mr. Engle stated he would be available whenevernecessary and he felt that Mr. Barra be afforded the opportunity to let people know what type ofcharacter he has. My conversation with Mr. Engle concluded at this time.

FOLLOW-UP INTERVIEW WITH JAIME BARRAAfter my initial interview with Jaime Barra at the FBI office on October 7, 2009, I was reviewing mynotes and determined that I had no t asked Mr. Barra if he had told anyone about the money he hadreceived Mark Kassab. Barra informed me that he had told a previous co-worker of his who wasalso an assessor, William Griffin. Barra stated he was a co-worker of Griffin's in the ShelbyTownship Assessing Office; however Griffin left Shelby Township and went to work for BloomfieldTownship. Barra stated he called Griffin right after he received the money from Kassab becauseGriffin was familiar with Shelby Township. He and Griffin were good friends and he wouldunderstand the situation. Barra wanted to ask Griffin fo r his advice on the matter. Barra stated hetold Griffin about the $500 he received from Mark Kassab and also told Griffin that he had toldSupervisor Stathakis that he had received money from Kassab. Barra provided me with Griffin'sbusiness and cell phone number to follow-up on this information.

INTERVIEW OF WILLIAM GRIFFINI met with William Griffin to discuss the information provided to me by Jaime Barra. Griffin advisedme he is a LevellVAssessor and he is the Assessor for Bloomfield Township. He worked fo rShelby Township from 2000-2006 as their Assessor. Griffin's wife, Lisa Griffin, currently does somecontract work for Shelby Township in the Assessing Department.I focused my questions around Griffin's job as an Assessor and his experience in dealing with thepublic. Griffin stated that normally most of the contacts he has with the public are individuals whoare trying to lower the assessed value of their property tax. It is not uncommon for him to receivea phone call, whether it is a citizen, from the Treasurer, or someone in local government whor ~ c e i v e d a complaint about the assessed value of an individual's property. I asked Mr. Griffin ifduring the course of his exper ience , had he ev'er received an offer of a "quid pro quo" to receiveanything in return for him to lower the assessed value of someone's property. Griffin stated "I'vebeen doing this fo r like twenty-seven years and I have never, ever had anybody give me money orslide money across or anything like that. I've had people, take me to lunch but "ve never hadanybody give me money or anything like that".Without getting into specifics, I advised Griffin that I was conducting an investigation that involvedShelby Township and an allegation that had been made about the current head of the AssessingDepartment. Mr. Griffin stated that he was aware of the investigation and who it involved and that itinvolved Jaime Barra. Griffin stated he was very familiar with the $500 deal with Barra and he wasaware that Barra had recently discussed the money with Chief Leman. I asked Griffin if he couldgive me a timeline as to when he first learned about Barra receiving the $500 and who he learned itfrom. Griffin stated that he learned the information from Barra. He received a phone call a year orso ago from Barra informing him that Barra had received $500.00. Griffin stated that he told Barrato give it back but Barra stated he had already given the money to charity. Griffin stated he doesn'tremember the conversation verbatim but recalls thinking Barra had made a mistake and hecounseled him about giVing the money back but he had already given it to charity. Griffin statedthat in just the last couple of months he received a call from Barra who advised him that he hadmentioned the $500 to Chief Leman in passing and that now it has become a problem fo r him.Mr. Griffin went on to state that Barra had told him that he had told Stathakis about receiving themoney. Griffin stated he advised Barra that he should forget about involving the supervisor. Griffinstated he has been doing this for a long time and "no politician will ever fall on the sword fo r you".

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County Sherif f Crime ReportCase No. 0900028101Report No. 0900028101.3

1/15/2010

Macomb County Sheriff43565 Elizabeth RdML Clemens, MI 48043586469-5151 3

Page J 01 E

Griffin advised Barra to go to the board and apologize, admit that he had taken the money, bu t tono t try to involve the supervisor because the supervisor would no t stand up or take responsibil ityfor learning of this as Barra had explained, 1reviewed the facts that Griffin had told me to thispoint. Mr. Griffin was clear on ttie issue of when he had received a phone call. He stated Barra toldhim he had received the money about a year ago, however, when he did call Griffin told him heshould give it back but Barra stated it was too late; he had already given it away to charity. Griffinstated he remembers this specifically because "I would never tell him to keep the money, I wouldtell him to give it back" and, in fact, that is what Griffin told Barra to do. Griffin was upset about thesituation because if he had been told about this money before it was given away, he would havemade sure that Barra take the money back immediately. Griffin described Barra as an honestperson and stated that Barra does not need $500 and it was a crazy situation.I asked Griffin if he remembers during the first phone call Barra telling him that he had told theSupervisor that he had received the money. Griffin stated "I can't be completely sure, I can tell youthat Jaime did tell me that he told Stathakis that he had received the money." Griffin stated it verywell could have been during their first conversation approximately a year ago but he knows forcertain that Jaime told him that he told Stathakis about the money when it all came out in the paper.Griffin stated Barra told him that he had told Chief Leman that he had told Stathakis.Prior to ending the conversation with William Griffin, I asked him again if he was clear that he hadreceived a phone call and when from Jaime Barra. Griffin stated that it was at least a year ago.Griffin stated that if Jaime Barra told me (the investigator) that he told Griffin he had received thismoney from Kassab and that he had told Stathakis about the money, then it must have happenedbecause, according to Griffin, Barra is not a liar, he would not lie and therefore it must havehappened. Griffin admitted, however, that he couldn't say it was so with a hundred percentcertainty. Griffin went on to state that when Barra called him, he told him he had given $100 toStathakis and that Stathakis told Barra he was going to give the money to his church because theyneeded pens or pencils or something along those lines. Griffin stated Barra had gotten caught upin politics and that if he had only kept his mouth shut, this would have been resolved and it allwould have blown over. I thanked Mr. Griffin for his time and our interview was concluded at thistime.POLYGRAPH RESULTS OF JAMIE BARRA:On 12-31-09 Jamie Bar ra did come in voluntarily to submit to a polygraph examination. Thequestions asked revolved around the events of Barra receiving $500.00 and how the money wasdistributed and who was told about the money. The examiner determined that there were Nosignificant psychological responses! No deception indicated; in his opinion the examinee wastruthful to the relevant questions. ( see attached report)

CASE SUMMARY:The facts of the investigation reveal that Jaime Barra has been employed with Shelby Townshipsince 1991 working in the assessing department. Barra has served as a deputy assessor and since2006 he has been acting as the day to day head of the Shelby Township Assessor's office.That Mark Kassab gave Jaime Barra $500.00 while they were in Barra's Shelby Township office. Thedate of the exchange of this money is unclear- however both Barra and Kassab believe it took placesometime between December 2008 and early 2009 sometime in March or April around the Easterholiday. At the time of the $500.00 exchange of funds Kassab was active in Shelby Townshippolitics as a member of the Shelby Township Planning Commission; and as a host to politicalfundraising events at his residence. In addition to his position in local government Kassab also

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43565 Elizabeth RdCase No. 0900028101 Mt. Clemens, MI 48043Report No 0900028101.3 586469-51511/15/2010Page 4 of 6

conducted business with Shelby Township in his capacity as a Vice President of M. ShapiroDevelopment Company. Shapiro and/or Kassab had (3) issues that needed approval by the ShelbyTownship Assessor's Office during this time frame. These issues are as follows:1) A November 5,2008 Market Street Parcel Split application (45343 Market Street) which Kassabwas acting as an agent fo r the property owner Independent Bank. The split was approved onFebruary 17, 2009. (This is the split that Barra speculates was the motive fo r the $500.00 payment)2) Kassab also dealt with the Assessor's office on a property tax appeal on another Market Streetparcel upon which a two story building next to the Costco's property was located. Again, Kassabwas acting as the agent for Independent Bank.3) Kassab was also appealing his Personal Property Tax Assessment. An independent ShelbyTownship Tax Assessment Board of Review agreed to lower the assessed value of Kassab'sproperty; as a result a Stipulation for Entry of a Consent Judgment was approved and signed byJamie Barra on July 17, 2009 Kassab's personal property assessment was reduced from$415,000.00 to $ 362,500.00.Kassab was also appointed to the Downtown Development Authority by the current ShelbyTownship Supervisor Rick Stathakis on July 21,2009.

CONCLUSION:This investigation has been unable to dispute the fact that $500.00 was given from Mark Kassab tothe Shelby Township Acting Head of the Assessor's office in return for the completion of a parcelsplit in a timely manner.I find it remarkable, that an individual with Kassab's experience working with city and localgovernment employees spe.cifically with officials from the assessors, planning and developmentdepartments, would think this act is acceptable. I would argue that I could not find a public officer,agent, servant or employee of local government who would feel that this type of act would beacceptable.In addition it is equally remarkable that the Acting Head of the Assessor's office, Jamie Barra didreceive the money and failed to return it. As stated preViously I would argue that I could no t find aActing Head of any Assessor's office that would feel that this type of act would be acceptable. Theinvestigation did not reveal that Barra did anything out of the normal course of his duties as it pertained to the completion of a parcel split in' a timely manner.**********

The elements of the crime Public Officer; Accepting Bribe are as follows:Any executive, legislative or judicial officer who shall corruptly accept any gift or gratuity, or anypromise to make any gift, or to do any act beneficial to such officer, under an agreement, or with anunderstanding that his Yote, opinion or judgment shall be given in any particular manner, or upon aparticular side of any question, cause or proceeding, which is or may be by law brought before himin his official capacity, or that in such capacity he shall make any particular nomination orappointment.Question(s) of fact: is Barra considered a "Public Official" while acting in the capacity as the headof an assessing department for Shelby Township; if he is not a Public Official can he be chargedwith accepting a bribe.

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County Sheriff Crime Report Iacomb County Sheriff43565 Elizabeth Rd ICase No. 0900028101 MI. Clemens, MI 48043 5eport No. 0900028101.3 ::>86469-5151 I1/15/2010 - - - - - - - - - - - - ~

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The elements of the crime Public Officer; Bribery are as follows:Bribery of public officer--Any person who shall corruptly give, offer or promise to any public officer,agent, servant or employee, after the election or appointment of such public officer, agent, servantor employee and either before or after such public officer, agent, servant or employee shall havebeen qualified or shall take his seat, any gift, gratuity, money, property or other valuable thing, theintent or purpose of which is to influence the act, vote, opinion, decision or jUdgment of suchpUblic officer, agent, servant or employee, or his action on any matter, question, cause orproceeding, which may be pending or may by law be brought before him in his public capacity, orthe purpose and jntent of which is to influence any act or omission relating to any public duty of'such officer, agent, servant or employee, shall be gUilty of a felony.A question of fact: if Barra is not considered a "Public Official" do the elements apply to Kassab'sactions; taking into consideration that the threshold arguably is lower in this charge by stating: Anyperson who shall corruptly give, offer or promise to any public officer, agent, servant or employee ...*.********In any criminal investigation, motive is generally established to prove the elements of a crime. Ibelieve it is important to look at possible motives of the two central individuals in this incident, thatbeing Mark Kassab and Jaime Barra.What is the motive for Mark Kassab to give the head of the Assessing Department agratuity/gifUbribe? Kassab had three separate issues that were in front of the Shelby TownshipAssessor's Office that have been outlined. In addition, Kassab was becoming more active inShelby Township politics as a member of the Planning Commission and the DowntownDevelopment Authority. It certainly does not hurt Mr. Kassab, to the contrary, it would beadvantages fo r Kassab to develop relationship(s) with public officials in Shelby Township; wherehe lives and conducts business. .What is the motive fo r Jaime B

Lisa Manzella Corruption Posted on Line Oct 2011

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