Sheriff+Report

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T ANTHONY M. WICKERSHAM OFFICE OF THE SHERIFF KENf B. LAGERQUIST UNDERSHERIFF INVOICE March 7, 2011 Mr. Robert Denison 7026 Grenadier Shelby Twp., MI 48317 RE: FOIA Request - Richard Stathkis (100444-09) FOIA Fee 70 pages @ .50 per page 35.00 TOTAL 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 Grove Clerical Services Supervisor 43565 Elizabeth Rd. • Mt. Clemens, Michigan 48043 • Phone (586) 469-5151 • FAX # (586) 307-9621 www.macombsheriff.com

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Shelby Township Gift Gate Macomb Sheriff's Investigation 2010

Transcript of Sheriff+Report

T ANTHONY M. WICKERSHAM OFFICE OF THE SHERIFF KENf B. LAGERQUIST UNDERSHERIFF INVOICE March 7, 2011 Mr. Robert Denison 7026 Grenadier Shelby Twp., MI 48317 RE: FOIA Request - Richard Stathkis (100444-09) FOIA Fee 70 pages @ .50 per page ~ 35.00 TOTAL 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 Grove Clerical Services Supervisor 43565 Elizabeth Rd. Mt. Clemens, Michigan 48043 Phone (586) 469-5151 FAX # (586) 307-9621 www.macombsheriff.com 1 , County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd )00028101 Mt. Clemens, MI 48043 0900028101.1 586 469-5151 c: 1/15/2010 Page 1 0112 $ubjecl BRIBERY INVESTIGATION Cas.e Report S(alus A Approved Agency Counly 50 - Macomb Agenq' 11 - Shelby Twp Cily(fownship 9i23i2009 1:00:00 PM 0,8elween 8usiness Name locatiofl 43565 Elizabeth Rd csz MT CLEMENS, MI 48043 Census/Geo Code jurisdiction Grid SeClor Map 0 - N/A Call Source Telephone Vehicle AClivit, OH. Veh. Traveling Cross Slreel Means Molive Report Ilan,he CAS E SYNOSIS: Enlered Oil Enlered By Velifled 00 Approved Oy Related Cases Dis pOsilion E;JIcp Clear Reason Excp Clear Dale Reponing Agency Report Type Division Related Cases 12/31/20095:26:11 AM 11272 . Daniels, David 1/21/201010:51 :50 AM 11272 . Daniels, David '1i24i2010 2:59:43 PM 11272 - Daniels, David Active Macomb County Sheriff Crime Report Macomb County Sheriff Reporting Officer 11272 - Daniels, David Assisted By Agency Assisted Call fOf Servtce 11090100444 The facts of this investigation reveal that Jaime Barra has been employed with Shelby Township since 1990. Barra has served as a deputy assessor and since 2006 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. The date of the exchange of this money is unclear- however both Barra and Kassab believe it took place sometime between December 2008 and early 2009 sometime in March or April around the Easter holiday. At the time of the $500.00 exchange of funds Kassab was active in Shelby Township politics as a member of the Shelby Township Planning Commission. In addition to his position in local government Kassab also conducted business with Shelby Township in his capacity as a Vice President of M. Shapiro Development Company. Shapiro and/or Kassab had (3) issues that were being reviewed by the Shelby Township 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 Kassab was acting as an agent for the property owner Independent Bank. The split was approved on February 17, 2009. (This is the split that Barra speculates was the motive for the $500.00 payment) 2) Kassab also dealt with the Assessor's office on a property tax appeal on another Market Street parcel upon which a two story building next to the Costco's property was located. Again, Kassab was acting as the agent for Independent Bank. 3) Kassab was also appealing his Personal Property Tax Assessment. An independent Shelby Township Tax Assessment Board of Review agreed to lower the assessed value of Kassab's property; as a result a Stipulation for Entry of a Consent Judgment was approved and signed by Jamie 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 on July 21, 2009. . Mr. Barra will state that Mark Kassab has never solicited a favor from him; nor has he (Barra) ever asked 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.',. 2 ~ ~ a ~ o m b County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Ml. Clemens, MI 48043 Report No. 0900028101.1 5864695151 Report Date: 1/15/2010 Page 2 0112 he has done nothing over and above his normal course of business when dealing with Mark Kassab. 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 Public Officials (see attached MCSO OCA# 68188-09) I was contacted by the Shelby Township Chief of Police Robert Leman. I was advised by Chief Leman that on the previous Friday 9-18-09 he was in his 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) had received a "gift" of $500.00 from Shelby Township Planning Commissioner Mark Kassab. Allegedly Kassab told Barra that the $500.00 was "something the boys in office scrapped together" as a thank you for Barra's assistance with the split of a parcel of property in Shelby Township. Per Chief Leman Barra said he notified Shelby Township Supervisor Richard Stathakis of this payment; Per Barra, Stathakis told him to give the money to charity. Chief Leman advised me that Barra stated that he wanted to make this statement "on the record, as a matter of transparency". Leman interviewed Barra again on Monday 9-21.09; at that time Barra told Chief Leman that Supervisor Stathakis 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 Township Board of Trustees. He went to Supervisor Stathakis's office on Tuesday 9-22-09 along with Township Attorney Craig Lang to discuss the allegation. They agreed that the allegation should be brought before the Township Board of Trustees and that Township Attorney Craig Lang and Chief Leman 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 was sent to the Shelby Township Board of Trustees. The "confidential memo" outlined the allegation made by Barra. As a result a special session of the Shelby Township Board of Trustees was scheduled for Wednesday, 9-30-09 to discuss the memo that was issued by Stathakis reference the allegation. 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 Board passed a motion to pledge full Board cooperation with the County Sheriff and in fact encourage their participation in an investigation concerning the facts pertaining to the matter specified in Richard 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. to conduct an independent investigation of the allegation. From the onset of the original investigation in early September 2009, all of the interviews and contacts that I had made, I was clear to each individual that the information that was shared should be held in confidence, therefore the investigation could proceed in a timely manner, unimpeded due to information sharing. The news of the confidential memo and subsequent work session meeting was spread throughout the network of Shelby Township government employees. A local newspaper, The Macomb Daily, had received a copy of the confidential memo and printed the information in their newspaper. This would prove to hinder the investigation overall as the information 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, we discussed the possibility of involving the FBI in this investigation. I contacted Chief of Staff C.aptain Anthony Wickersham of the Macomb County Sheriff's Office Captain Wickersham refered :MS_MICRrtf v21 Pfinlprl" (),..tn"M ')1 ?fiHi ~ n c o AU 3 M a ~ o m b County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Ml. Clemens, MI 48043 Report No. 0900028101.1 586469-5151 Report Date: 1/15/2010 Page 3 of 12 me to Special Agent Jeff Eberley of the Macomb County office of the Federal Bureau of Investigation. I made contact with SA Eberley who agreed to meet with me on 9-30-09 to discuss the allegations made by Barra. SA Eberley agreed to assist with the interview of Jamie Barra. INTERVIEW OF JAIME BARRA On 10-7-09 Special Agent Jeff Eber/ey and I interviewed Jaime Barra. Also in attendance during the interview was Barra's attorney, Richard J. Graving. I advised Mr. Barra that he .... as present on his own free will and that he was not the center or focus of our investigation at this time. Barra indicated that he understood, he also acknowledged that the information we were seeking involved the allegation he had made to Chief Leman. From the onset, attorney Graving indicated they were present on their own free will. However, he stated they were troubled that the information about this allegation had been printed in the Macomb Daily and that his client had been portrayed in the local media as was having done something wrong. Barra asked if this interview was in response to the motion that was made by the Shelby Township Board to conduct a complete and thorough investigation. I advised Mr. Barra that I was not working for Shelby Township but that I work for the Macomb County Sheriff's Office. This investigation was going forward and being conducted by the Macomb County Sheriff's office at the request of the Shelby Township Police Department. I explained that the reason we were in the office of the FBI was that I had asked for their assistance to strictly monitor the case to see if there was something that may need their attention. I explained that this was an unusual case involVing local government officials and, with the allegations being made, I contacted the FBI for their assistance 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. He stated that he was hoping that the 930-09 township meeting would result in the supervisor "feeling enough pressure to acknowledge exactly what happened". Barra stated "I'm still blown away by the fact that the supervisor has not acknowledged what happened." I refocused the interview on Barra's employment history. He stated he has worked with Shelby Township since late 1989 or 1990. He initially began his employment in the supervisor's office however primarily worked in the assessor's office and is currently the acting department head of the Assessing Department. Although he is not a Level IV Assessor, since 2006 had has been the acting department head of the Assessing Department. I began to center the questions on the investigation that involved the allegation that Barra had made to Chief Leman in September about the $500 exchange of funds from Mark Kassab. Barra stated that a couple days prior to the 18th, he was summoned to Supervisor Rick Stathakis' office to discuss the spacing problems inside the Shelby Township offices, specifically a conflict that was going 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 for more space and the topic was possibly using the room in the Assessor's Office to add on to the Shelby Township Police Department. Barra stated a day or two later, after the initial meeting with Stathakis and Leman about the spacing issue, Barra was in Chief Leman's office. Barra described the meeting as initially discussing tax revenue projections that Barra had supplied the Board; this was bothering Chief Leman as it impacted his budget. Barra was clear on the fact that Chief Leman made mention of rumors and stresses that were going on during this time frame that he was dealing with. However, per Barra Chief Leman did not directly state that there was an internal investigation going on reference a planning commissioner being threatened. Barra stated that he did not know exactly Why he told Chief Leman, however he was aware and he had heard a rumor of a planning commissioner being threatened and that there was an investigation going on. However, this information did not come from 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 AM 4 Ma.comb County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Ml. Clemens, MI 48043 Report No. 0900028101.1 586469-5151 Report Date 1/15/2010 Page 40112 exchange of funds from Mark Kassab. Initially, Barra was somewhat evasive in answering the question; however he finally described the reason for 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 what kind 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 did anything wrong, I thought it was resolved. It was an example of, there's an example of what happened in the back in the spring. 00 .on my desk and then, so then I went and got all the rogue in explaining by way of example of things that make me feel uncomfortable. But it wasn't, it wasn't a feeling of guilt that I went to him in admission. I think it was to continue our conversation about things 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. Barra stated that on Monday, the 21st, the Chief called him to his office to speak about the information again. 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'said he really didn't sleep so well all weekend and he was concerned about it. It was the first time that I started looking at it a little bit differently. And, it was, and as we were talking, . 00' I felt like people were 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 answer period as opposed to just two city employees sitting in their office complaining about problems that they are going through. I asked Barra to describe the event related to Chief Leman as far as how he received $500. Initially Barra was hesitant to provide the name of the individual that gave him the money. The reason for his hesitancy was that he was worried about being sued for allegations that have been made. Barra was clear on this fact; he stated that this individual had never solicited a favor from him and he had never asked for anything in return. Basically he was stating that the relationship was good between 'Mark Kassab and himself and that the possibility of him being sued for information that was provided was a concern of his. I advised Barra that Chief Leman had already provided me with the name of the individual who gave him the money. At that point, Barra did state that the $500 he received 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 foreclosure that's filed on this with Independent Bank and Dilorenzo. Independent Bank pays the tax bills and now they've got a problem because they are trying to get the share of everybody else's portion of the tax bill back out. So I think that's why they hired Shapiro, and Shapiro was to try to make sure we get this land division split so that we didn't go through a whole another year of this because they had such a hard time getting this issue resolved where they... cuz once you pay the tax bill, it's paid. You pay my tax bill, even by mistake, and it's your responsibility to know what you're paying on. If my bill's paid, I don't have to pay my tax bill if you paid it. Well that's where Independent Bank 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 the split combination would be done so that they wouldn't go through all of 2009, um, to be exposed, to be exposed, and then have to fight with the other parties to get everybody to pay their share of the taxes. Cuz the answer here is that the legal status of that property is, for tax purposes every year, V2f Printed: Oclober 21.2010,10.58 AM 5 Macomb County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Mt. Clemens, MI 48043 Report No. 0900028101.1 586469-5151 Report Date: 1/15/2010 Page 5 01 Ii 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 Kassab in March 2008 when he was working on the assessment of his personal property. Barra stated that he 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 treated unfairly at the assessment ravia,:.' board. Barra stated that at some point during the relationship, he became aware that Mark Kassab was a member of the Planning Commission. However he was also aware that Kassab worked for the Shapiro Group and that he had dealings with them, specifically on the Market Street parcel split from Vince Dilorenzo's request to split the property. Barra concluded the conversation about the parcel split stating that basically their hands were tied, that the split was going to go through, that the land Development Act would not allow for him to do anything otherwise. Barra stated he would stand behind the split and that he would have no problem presenting it to any other assessor for their review. The split was done by the book according to the land Development Act, the split was done properly. That led me to ask the question why did he feel that the $500 was in return for the consideration or help 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 happened before, however it has happened since. ..."REVElATION OF ADDITIONAL MONIES CHANGING HANDS At that point, the interview shifted to this revelation of money exchanging hands again. Barra identified a local broker and real estate developer named Gary Engle that he has had a long history of dealings with as the Assessor of Shelby Township. Barra identified Engle's company as Properties Real Estate. group. Barra stated that in the Spring, 2009, the County Treasurer's office sends out a list of properties that are going up for sale due to the property owner defaulting on the taxes. Barra explained that when the County Treasurer's office sends the list of properties to the local government, the local government has the opportunity to purchase the property. The township 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 in purchasing it. Barra was referred to Planning Director Glenn Wynn to see if they had any interest in purchasing the property and Barra was told the township was not interested. As a result of the township 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 to the public now, they go out for the normal tax rate. And then when I was talking to Gary, I said to Gary, I said, hey you know what? That gravel pit, he owns the one lake, he owns the small lake north of Twenty-Five Mile, he's got five duplexes on it, okay? He owns that lake. He has told me in the past that he tried to buy the lake behind him that was owned by Bogart. They used to own the bar down on Eight Mile or something, a restaurant or something. The old man died, the family didn't keep up with it and the property went up for tax sale. This is one of those, it's a big body of water that is just a liability, and we didn't want it. So I told him about it. He went the next day down to the County, bought the property, called me, was tickled pink, he bought it for $16,000, like forty or sixty acres, but it's all wetland an.d gravel pit. He doesn't want it for anything to have that lake get up to his property. Anyways so he was happy to get it. He was so happy that he wanted to, he wanted to meet me for 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 an envelope 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 I came around to talking about, I gave it back to him, I says absolutely not. r said no, I'm not, not he Prinled Odober 21. 2010 - 10:56 AM 6 M ~ c o m b County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Mt. Clemens, MI 48043 Report No. 0900028101.1 586 469-5151 Report Dale: 1/15/2010 Page 6 of 12 told me what was in it. I never, I didn't take, what did he say, he said there was three hundred dollars in it." ...end quote Barra stated that he provided Engle with information that was public knowledge, it had been posted in the local newspaper, and there was nothing inappropriate or illegal that he had done, he simply supplied Engle with information that was readily available to anyone. ( interview of Gary Engle to follow) I asked Barra what he thought the outcome of this $500 event was going to be. Barra stated that he could not understand why Rick Stathakis was distancing himself from the event. Barra stated he was "floored" by the fact that the supervisor would not acknowledge that he had told him earlier in the spring upon receiving this money from Mark Kassab that he would not take that responsibility and 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 the recipient of this wonderful work environment. That, ironically is created solely by me in terms of my discussions with Bob. It was not a, it was a discussion, it wasn't, I never felt Mark was doing anything wrong, I didn't think, I knew that keeping money would be wrong but I didn't, I didn't, I never even, it never even entered into my mind, I didn't view it that way and then resolving it the way it was resolved. It was resolved. I wasn't comfortable with it, I didn't want to be put in that position and then Gary doing it, Gary Engle doing it just a couple of months ago, solidified thai, bUI it was, the bigger part of that whole issue was in getting rid of the money, giving it away, it felt kind of like a ball and chain. It was an obligation that " I guess I didn't want to have to come across that bridge again...... end quote Barra went on to state that he knew it was improper to profit personally from the $500, therefore he felt 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 the Spring, 2009, because the board of review was in session and he typically wears a suit on those days. He stated that he kept the envelope of money in his sport coat inner pocket .and that is why he 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 when he 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's that? And I'm sitting there and he stands up and he goes aw, it's nothing. He said, really, it's not a big deal, it's something that I scraped together with the guys in the office just that we appreciate what you've done and getting this all done. And / assumed that given the problems with trying to collect the taxes, maybe it was a big deal. Maybe Independent Bank gave them a bonus for accomplishing those things, I don't know what it was......end quote Barra 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 or something, I didn't know what it was. I assumed it was money because he said the guys scraped it together. I didn't figure each one of them gave him a ticket or something. But I said Mark, I don't, I don'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 the township already. / don't need you to do that. I would do this for anybody. And he said' know, I know, and he walked out. Well when he walked out front, I was kind of walking with him and then he goes out and then my staff is out there and I don't want to make a big deal out of this cuz in front of them so we walked out and to the lobby which is ironically right were the police desk is there. 7 Macomb County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Ml. Clemens, MI 48043 Report No. 0900028101.1 586 469-5151 Report Date 1/15/2010 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 never accepted that before an you don't need to do this. It's not something, at this point the split's already done anyways, it wouldn't have mattered anyways. So, he and I had a good relationship with 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 not going to take it back. He goes, look J gave it to you, you do whatever you want with it. I don't want it back and he walked away." ... end quote Barra stated he did not tell anyone in his office about the money. He indicated that Tom Monchak is the individual who did the information on the parcel split, however he did not want to share this with anyone in his office. He stated that the next thing he did about this $500 was to go upstairs and speak with Supervisor Rick Stathakis on the same date that the money was delivered to him by Mark 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 the reason I say that is when I went upstairs, Rick's door was closed, he was in a meeting, this would have been at the end of the day. This is four o'clock or after, excuse me, so I couldn't get in to talk to him about it. And I, I, I gave him the money. I went up and I talked to him about it, it was a Saturday. It had to be a Saturday just because of nobody else was in the offices." ... end quote Barra 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 I said, we got a problem. And I laughed and I put it on the desk. And he said, he looked at it and he said 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 appreciative of something we'd done and they left it on my desk and they won't take it back. I said so now I'm faced with what do I do with it. And I said so you're my supervisor and by virtue of the fact that we don't have, you are also my human resource director, you are the appropriate person for me to bring this to. He reacted when I put that on his desk, he was surprised. And he actually, he didn't have any answers as to what to do with it. I said well/what do you want to do with it. I didn't say what do you want to do with it. I said we have a problem and he said to me what do we do with it?"... end quote I asked Barra to be clear on this fact. Barra stated that Stathakis was unaware of what to do and Stathakis was asking Barra what to do with this money. Barra stated that he felt because Stathakis was so new, he did not know how to proceed with this type of event therefore they were putting their heads together to try to figure out how to get rid of the money. Barra went on to state that they jointly agreed that the money should be given away to charity and that it would be Barra's responsibility to do so. Barra continued by stating that after he had given away $300, he went back, to Supervisor Stathakis' 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 it to his church. Barra stated that Stathakis did, in fact, take $100 from the $500 that had been received from Mark Kassab. Barra could not account for the last $100. He stated he gave $20 to someone who was the victim of a domestic violence case, however he was unable to account for the 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 polygraph examination. Mr. Barra indicated he was more than Willing to come in to submit to the polygraph Prinled. Oclober 21, 2010 10.58 AM Ma,comb County Sheriff Crime Report Macomb County Sheriff Case No, 0900028101 Repon No, 0900028101.1 Report Date: 1/1512010 43565 Elizabeth Rd Mt. Clemens, MI 48043 586469-5151 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 INTERVIEW After the interview S,A. Jeff Eberley and I compared our thoughts; we were both of the opinion that Bara was being truthful. Although we both agreed that his first mistake was not giving the money back to Kassab also that he: had ample opportunity to either return the money by mail or document how it was given to charity by receipt. However his course of action by allegedly telling his boss Supervisor Rick Stathakis and the Chief of Police Leman, indicated that he was not being deceptive. It was unclear as to why Barra would be prompted to come forward with the information after so much time having elapsed although the theory of the rumor of an on-going investigation was the most 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 type of co-vert action that his office would attempt would be futile; due to the fact that the individuals who would be questioned were already made aware of the entire incident. For these reasons he stated that this incident would not be investigated by their office. He did offer his assistance if neded as to the completion of this investigation. Offense Detail: 5104 - Bribe (Other) OHense Description 18R Code fBR Group Crime Against Offense File Class PACC local Code 5104 - Bribe (Other) 510 - Bribery A PR 51000 - BRIBERY Olten!';e Compleled? Hilte/Blas 11 - GovernmenUPublic Building Yes tlo Prem Enlered 00 - None (No Bias) EnrryMelhod No . Tipe Securily Tools Used Using Criminal Acli'lily Force Le.... el Weapons ,uspect S1: KASSAB, MARK SALIM Suspect Number S1 008 9/18/1964 Place of Bil1h Name KASSAB, MARK SALIM Age 45 SSN Aliases Sex . M - Male DLN K-210-585-758-699 Alert(s) Race W - White DL Siale MI - Michigan Elhnidly U - Unknown DL Country Address 54135 QUEENSBOROUGH DR HI. 6' 0" . O' Occupation/Grade CSZ Shelby Twp, MI 48316 WI 185 - Eye Color HAZ - Hazel Employe, Address MO Hair Color Employer CSZ Allire Hair Slyle Res, County Macomb Habitual Offender Sialus Hail Length Res. Country USA United States of America Fadal Hair Residenl Stalus R - Resident of the community, city, or town where the offense occurred 8uild P,inled Oclober 21, 2010,10:56 AM 9 Macomb County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Ml. Clemens, MI 48043 Report No. 0900028101.1 586469-5151 Report Date: 1/15/2010 Phone/Email Type BU - Business Phone #1 CE - Cell Phone #1 Supplemenlal IDs 10 Type Physical Characteristics Type Suspect f..tOles Suspect S2: BARRA, JAIME TODD Teelh Description 248 865-0066 248 310-0536 \0 Number Descnplar 10 Issuer !'lame Oescrjplion Suspecl Number Name Aliases Alertfs) Address CSZ MO Allire-Habitual Offender Stalus S2 BARRA. JAIME TODD 12060 - 22 MILE ROAD Shelby Twp, Ml 48316 ooB Age Sex Race Elhnicil)' HI WI E)e Color Hal' Color Hair SI}1e Hair lenglh Facial Hair Complexion 10/12/1962 46 M - Male W - White U - Unknown BRO - Brown BRO Brown Place or Bir1h SSN oLN DL Siale DL Country Occupation/Grade Employer/School Employer .Address Employer CSZ Res County Res. Counlr)' Residenl Status B-600-362-799-785 Township of Shelby MACOMB USA - United States of America R - Resident of the community. city. or town where the offense occurred Build Teelh "lone/Email Ipe 1M - Home Phone #1 OeSCliplion 586 726-0559 ,polemenlal IDs Type ID Number ID Issuer Name Iysical Characteristics pe Descripl01 Desc1iption Suspeel Noles uspect S3: STATHAKIS, RICHARD HARRY Suspecl Number Name Aliases Aler1(s) Address 53 5TATHAKIS, RICHARD HARRY 13883 TIMBERVIEW DR ooB Age Set Race Elhnicily HI 7/31/1956 53 M . Male W White U - Unknown 6' 0" . l' 0" Place of Sinh SSN oLN DL SI.le DL Counlry oecupaijon/Grade Prinleo' October 21,2010 10:5B AM Macomb County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Ml. Clemens, MI 48043 Rep.ort No. 0900028101.1 586 469-5151 Repori Date: 1/15/2010 10 Page 100112 CSl Shelby Twp, MI 48316 Allirc HabltualOffende. Slalus one/Email ,e M - Home Phone #1 :lplemenlal IDs fl'ce 'sical CharaclerishCS ,e Suspect Noles ;tim V1: [El STATE OF MICHIGAN WI. Eye Colo' Hai' Colo' Hair Sly1e Hall Le:lglh FaCial Hair Build Teeth Descriplion 586677-5747 10 I'Jwnber Victim Code V1 Viclimor ViClim Trpe G - Government Name [El STATE OF MICHIGAN 008 Aliases Age Alert(,) Sex Race Address. Elhnicil)' CSZ HI. WI. Allire Eye Color Injury Hair Color Circumstances Facial Hair Complexion Oescriplion emenlallOs pe 10 Number 205 BRO - Brown BRO - Brown 10 Issuer Oes.criplion 5104 - Bribe (Other) 10 Issuer Teslify Township of Shelby Employer Address Emplore, CSl Re,. Counly MACOM B Res.Counlry USA - United States of America ResidenlSlalu, R - Resident of the community, city, or town where the offense occurred t-Jame Place 01 Birth SSN OLN OL Siale OL Counlry Occupation/Grade Employer/School Elr4>loyer Address Employer CSZ Res. Counly Res. Counlry Residenl Sialus Name P,inled Oelober 21.20101058 AM Macomb County Sheriff Crime Report Macomb County Sheriff Case No. 0900028101 Report No. 0900028101.1 Report Date: 1/15/2010 43565 Elizabeth Rd Mt. Clemens, MI 48043 586 469-51 51 11 Page 11 01 1, Officer Killed or Assaulled Information Type Assignment AClivily Olher OR! Juslifiable Homcide Circurnslances Victim OHender Relalionshi DS Offender Relahon'ihip Viclim rJoles Witness W1: GRIFFIN, WILLIAM P. Wllness Code Name Aliases A/enls) Address C52 W1 GRIFFIN, WILLIAM P. OOB Age Se, Race Elhnicily HI WI 12/31/1961 47 M - Male W - White U - Unknown Place of Bit1h SSN ou. Ol Siale OL Country OccupafionfGr ade E Allire Eye Color HaiJ COlor Facial Hair Comple1:ion Emplorer Address EmploYEr CS2 Res Coun')' Res Coulllry Resid,:nl Siafus TcShly Phone/Email Type BU - Business Phone #1 CE - Cell Phone #1 Oescriplion 248 433-7711 248 892-7804 SUDOl emenlal OType 10 number 10 Issuer tJame Vilness NOles 'Vitness W2: ENGLE, GARY CARL Wilness Code Name Aliases Alen(s) Address CSZ Allire W2 ENGLE, GARY CARL 50346 VAN DYKE AVE Shelby Twp, MI 48317 OOB Age Se, Race Elhnicily HI. WI. cye Color Hair Color 7/28/1942 67 M Male W White U - Unknown Place of Birlh SSN OlN OL Siale Ol Counlry Occupalion/Grade Employer/School Employer Address ErTl!'loyer CSZ BROKER PROPERTIES REAL ESTATE Fadal Hair Res. COunly COfrl'lexion Res. Counlry Resident Sialus Testify lone/Email pe U - Business Phone #1 Oescriplion 586 739-9000 PWmental 105 Type 10 Number 10 Issuer Name Pnnled October 21. 2010 to:5B AM ry1acomb County Sheriff Crime Report Macomb County Sheriff 43565 Elizabeth Rd Case No. 0900028101 Report No. 0900028101.1 Report Dale: 1/15/2010 Mt. Clemens, MI 586469-5151 48043 12 Wilness Property Description Item 1: 2102 - Bills/Money - Misc.lAssorted 5420 - $500.00 US CURRENCY /lA.m 1 Propert}' Calegory 2102 - Bills/Money Misc./Assorted 5420 Property Class 20 IBR Type 20 - Money UCR Type A - Currency, Notes, Etc... Sialus S - Stolen/Etc. (Bribed/Defra uded/Embezzled/Ransom ed/ Etc.) Counl 1 Value 500 Manufacturer fI..1odel Serial tJo. License Calf)( Description $500.00 US CURRENCY VEhicle Year 001)' SI)'Ie: Siale License 'Ye:ar Evidence Tag Aler1(s} Eyidence Reco'Jered Sr' Evidence Recovered From Evidence Location Drug Type Drug Quanlily Drug Measure Property Noles Prinle