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Topic: Burton politics on trial again
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untanglingwebs
El Supremo

FLINT NEWS
Burton dispute leads to criminal investigation, lawsuit from city clerk
Updated Jan 25; Posted Jan 25


By Roberto Acosta racosta1@mlive.com
BURTON, MI - A new lawsuit is asking a judge to weigh in on a dispute over forced administrative leave for the Burton city clerk.

A lawsuit has been filed by Burton City Clerk Teresa Karsney against Mayor Paula Zelenko and Human Resources Director Sue Warren after she was placed on administrative leave months ago.

The lawsuit alleges Karsney was punished for speaking out against misdeeds allegedly occurring within the city government.

But Zelenko has said the leave was appropriate as police conducted a probe into accusations against Karsney, an investigation that has now been turned over to Genesee County Prosecutor David Leyton.

Leyton said his office has not authorized any criminal charges.

Among the claims in the lawsuit are that Burton Mayor Paula Zelenko violated the state's concealed weapons law, entered into contracts in violation of the city's charter, refused to testify at a public hearing, and discriminated against Karsney for speaking out on alleged misdeeds.

"There's no merit to her accusations," Zelenko said, declining to comment further.

Audrey Forbush, attorney for Zelenko and Warren, could not be reached for comment.

Karsney and Deputy Clerk Racheal Ervin-Boggs were placed on administrative leave in October following a citizen complaint about the land deal. The leave initially included pay, but it has since been changed to unpaid leave, according to the mayor's chief of staff.

Burton clerk, deputy clerk on leave after police launch investigation
Burton clerk, deputy clerk on leave after police launch investigation

Officials refused to release details of the investigation.


The lawsuit alleges, in part, that Karsney's rights were violated under the Whistleblower Protection Act when she was accused of a crime after she spoke out about contracts being entered into by the city in violation of the charter.

It's also alleged in the lawsuit that Karsney refused to violate the Freedom of Information Act, refused to lie at a public hearing and refused to "lie or go along with forging an agreement regarding defined contributions/benefits" and she was placed on leave. Further details on those claims were not included in the lawsuit.


The lawsuit asks for damages in excess of $100,000.

The criminal investigation and lawsuit were filed after Ervin-Boggs had agreed in July 2016 to purchase property on McLean Street from another resident, according to a police report obtained by MLive-The Flint Journal through a Freedom of Information Act request.

However, a dispute emerged regarding the sale.

The property owner allegedly told police he agreed to payments for the parcel, but it was not paid in full. Ervin-Boggs said she paid $1,000 -- the agreed amount -- but the property owner said she owed $500 more. Ultimately, Ervin-Boggs decided to back out of the deal.

Despite halting the sale, the owner discovered Ervin-Boggs had paid taxes on the property and a quitclaim deed for the property was notarized by Karsney and was filed with the Genesee County Register of Deeds on behalf of Ervin-Boggs, according to the police report.

A quitclaim deed is used to transfer ownership of property from one person to another.

The owner claims he never signed the deed and that Karsney was not involved in the transaction, according to the police report.

When interviewed by Burton police, Ervin-Boggs allegedly said a lease agreement was signed but she broke off the deal after the owner repeatedly asked her to pay an additional $500. She claimed to not have seen the property owner since the agreement and the quitclaim deed was signed -- on the same day.


Asked how Karsney could have notarized the signatures if the owner never went to Burton City Hall, Ervin-Boggs could not provide an explanation. A notarization is required to take place with all parties involved present, the report claims.

Ervin-Boggs told police she didn't remember if she'd asked Karsney for a favor in notarizing the quit claim deed, but she alleged it was "commonplace" for them to notarize items for each other.

In a follow-up interview with police, Ervin-Boggs told an investigator the deed "was simply brought into Teresa who stamped it and notarized it without all parties being there or having positively identifying them or having them sign the deed in her presence."

While speaking with police, Ervin-Boggs allegedly said she was commissioned as a notary in 2015 but she had not received any training until heading to a clerk's conference in June 2017. A class at the conference discussed it being illegal to notarize a document without all parties present, according to the report.

"Boggs explained that both she and Karsney attended the class together and that during the class, she looked at Karsney and stated, 'We are doing this all wrong,'" the police report reads. "Boggs states that Karsney replied, 'I know.'"


Tom Pabst, Karsney's attorney for the lawsuit, said his client is not guilty of any crime and he's never heard of a notary issue leading to criminal charges.
Post Sat Jan 27, 2018 10:30 am 
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untanglingwebs
El Supremo

ispute between Burton mayor, council over budget heads to court
Updated Jul 12, 2017; Posted Jul 12, 2017
s
By Roberto Acosta racosta1@mlive.com

Burton Mayor Paula Zelenko
BURTON, MI -- A contentious Burton City Council meeting this week offered no relief in a battle between the governing body and Mayor Paula Zelenko over the city's budget.

The July 10 special meeting came three days after Genesee Circuit Judge Judith Fullerton ordered both sides to hold the meeting to iron out their differences over the 2017-18 budget that was due to go into effect July 1.

A new budget was approved by a 5-2 vote on June 19, but Zelenko has argued changes were made to the document without discussion and some of the funding shifted between departments cannot be moved.

But council members have fired back that Zelenko has too many employees, and that's putting a strain on the budget and that the new version keeps the residents in mind and is legally binding, per the charter and city attorney.

Some heated exchanges took place during Monday's meeting including between Council Vice President Duane Haskins and Zelenko, whose court filing asks for the council to take a vote on her proposed budget.



In a June 21 letter to council vice president Steve Heffner, Zelenko states "rather than accepting or rejecting the FY 2017-18 budget proposal" the board "unilaterally altered and amended some provisions of my budget proposal without my permission or consent" and adopted the update version.


"Where is the copy of the budget that this council approved? I've yet to see that," he said.

Zelenko uttered, "I have no copy because there was no budget that you approved."


"You did not just say that," responded Haskins, adding Zelenko has continually provided a copy of the administration's proposed budget that does not allow for a comparison between the two documents.

One of the points of contention between Zelenko and the council is the tax rate for the general fund, with the mayor's budget at 4.707 mills. The council approved a budget with a 4-mill general fund tax rate, the same figure as the 2016-17 budget.

"The council's whole plan was to still operate at 4.0 (mills)," said Haskins to the mayor.

"I guess that's one of the reasons why we're in court, because you're violating the charter," Zelenko said, an assessment with which Haskins strongly disagreed.

Council members voted 5-2 in April to approve the 4-mill general fund tax rate. If and when the council's approved budget goes into effect, the general fund would see an overall reduction of approximately $743,000 in the two-year time span.

The city is currently operating on "an essential, urgent, or emergency basis only until we have a determination from the court," Zelenko said in a message to the Flint Journal.

"I maintain the opinion that the city council does not have the authority to unilaterally propose and approve a budget," she said.


Zelenko has accused the council of trying to gain some points with residents ahead of an August election.

"I think there is political posturing going on that will not only affect this year's council elections but setting the stage for the next mayoral election," she recently said.

However, Heffner rebutted, "It just seems whenever we have a disagreement with the mayor, she claims it's politics."

"It isn't political," he said. "Our job is to approve a budget and that's what we did."

The council unanimously voted at the end of Monday's meeting to reaffirm the budget. Both sides are due back in court Friday, July 14.
Post Sat Jan 27, 2018 10:38 am 
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untanglingwebs
El Supremo

FLINT NEWS
Legal action looms as Burton council, mayor clash over budget
Updated Jun 29, 2017; Posted Jun 29, 2017

By Roberto Acosta racosta1@mlive.com

BURTON, MI - City council members have authorized the hiring of an attorney if Burton Mayor Paula Zelenko does not approve the version of the budget the governing board approved this month.

But Zelenko said she can't accept the numbers that have been provided by the council but hasn't officially approved or vetoed the budget in order to leave her options open.

In a June 21 letter to Council Vice President Steve Heffner, Zelenko states "rather than accepting or rejecting the FY 2017-18 budget proposal" the board "unilaterally altered and amended some provisions of my budget proposal without my permission or consent" and adopted the update version.

Heffner called it "a shock" when he read the rest of the letter where Zelenko proclaims "I have declined either to veto or accept the FY 2017-18 budget for the reason that there is no authorization in the Charter of the City of Burton for the City Council to initiate its own budget amendment proposals or to alter or amend those submitted by the Mayor."

Council voted on Monday, June 26, to hire outside counsel if Zelenko fails to approve the budget by July 1.

Zelenko held her own special meeting on Tuesday, July 27, which only one board member attended, to try and reopen budget discussions and explain her disagreements with the council's proposal.


She read her four-page letter during the meeting in an attempt to address the council's concerns over her proposed budget that called for the operating fund millage to be increased from 4 mills to 4.707 mills, which the council changed last year, in an attempt to head off projected budget shortfalls.

Heffner argued any amount of money that can go back to the voters was a positive move for the residents and no services were altered because of the change.

However, Zelenko argued any surplus in the budget -- including funds for employee positions that may not be filled -- is used for items such as road funding projects and city services.

Heffner and Councilman Vaughn Smith, the city's council finance chairman, said the mayor came back to the council with an amended budget June 15, four days before they approved their version, which did not offer enough time for them to review.

"What we're saying as a council is we can't throw all this money towards this pension and have all these employees as well," Smith said, pointing to a jump in the number of employees to 101 in the 2016 budget, the highest point since 2008 when the city employed 105 people.

"Instead of hiring employees we can't afford, I rather we give that money back to the residents and figure out where we're at," he commented.


Cuts were made in the council's budget to personnel, but Zelenko pointed out other changes to funds, including the motor pool, water, and sewer funds in the document, are not allowed given they are designated specifically for those purposes.

"You can't have it both ways," she said, adding some council members may not understand the budget process but are unwilling to place aside their egos. "You can't sit up there and claim we're going for an (emergency manager), spend, spend, spend, we've to stop spending and then voluntarily cut your revenues."

The cut in the general fund millage dropped revenue in that area by approximately $365,000 in the 2016-17 budget and $378,000 in the 2017-18 budget.

Zelenko said she believes the council is looking to score political points with their budget heading into fall election season.

"I think there is political posturing going on that will not only affect this year's council elections but setting the stage for the next mayoral election," Zelenko said.

Heffner disagreed with Zelenko's accusation.

"It just seems whenever we have a disagreement with the mayor, she claims it's politics," Heffner said. "It isn't political. Our job is to approve a budget and that's what we did."


Zelenko had planned to call for another meeting but following the meager turnout on Tuesday night and the council's move to seek legal counsel if the budget is not put in place she decided to pass on holding the meeting.

"I'm not intimated by it," she said. "Courts are there to resolve differences and there's definitely some differences here. Will it end up in court? I suspect it probably wi
Post Sat Jan 27, 2018 10:41 am 
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untanglingwebs
El Supremo

Burton clerk, deputy clerk on leave after police launch investigation
Updated Oct 5, 2017; Posted Oct 5, 2017


By Roberto Acosta racosta1@mlive.com
BURTON, MI -- The Burton clerk and deputy clerk are on paid administrative leave following a police investigation into their office.

Burton Mayor Paula Zelenko confirmed the investigation to city council members Monday, Oct. 2, during the council's meeting.

She did not go into explicit detail, nor did police, on the nature of the investigation, but Zelenko said the employees should not be presumed guilty.

Zelenko said during the meeting that until the findings of the investigation -- launched by Burton police following an accusation by a citizen -- are revealed she felt it was best to have them remove Clerk Teresa Karsney and Deputy Clerk Racheal Ervin-Boggs from the office.

However, the mayor stated the accusations were not tied to any election issues.

Karsney's attorney, Matthew L. Norwood, said the investigation is related to a property deal.

"On behalf of Teresa Karsney, I have been retained to represent her regarding this allegation," Norwood said in a statement sent to MLive-The Flint Journal. "She enjoys serving the citizens of Burton as their appointed clerk.

"She has hired me to conduct my own investigation into these allegations and from what I have learned so far, there was nothing she has done that included any criminal intent. This allegation involves a property deal that she is not a party to, and would best be handled in a civil court between the two appropriate parties. As anyone from this area can tell you, City of Burton politics can be very ugly."




Ervin-Boggs declined to comment on the investigation.

Rik Hayman, the mayor's chief of staff, has been sworn in as the acting clerk and human resources director Sue Warren is serving as deputy clerk, which some Burton council members questioned.

City attorney Amanda Doyle said the mayor has the authority to make the appointments. She added the employees currently on leave remain employed by the city.

Burton Councilman Dennis O'Keefe complained he was in the dark about the goings-on of the situation, a sentiment echoed by his fellow council members.

"I find out about it at a public meeting and this happens all the time," he argued. "I just think that's wrong. I think the council needs to be in the loop on these things and I don't ever get the memo."

A special council meeting has been set for 6 p.m. Thursday, Oct. 5, to discuss the issue in executive session, given the criminal nature of the investigation.

Other council members questioned the qualifications of the acting clerks. Zelenko commented Hayman is a certified election clerk, but he's never conducted an election on his own.

Genesee County Clerk-Register John Gleason, Davison Township Clerk Cindy Shields, Genesee Township Clerk Wayne Bates have been providing help as needed in the clerk's office.


There has been no discussion of potential compensation for their services, according to Councilman Vaughn Smith, the council's finance chairman.

Davison Township has also offered to assist in the upcoming Nov. 7 general election should the investigation not be resolved by that date.

Four of the seven city council seats are up for grabs on the November ballot.

Pre-election testing has been completed and absentee ballots sent out to residents that submitted an application, Zelenko said.

Burton police Chief Tom Osterholzer said the investigation has been turned over to the Genesee County Prosecutor's Office. The prosecutor's office said the matter is still under review.
Post Sat Jan 27, 2018 10:43 am 
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untanglingwebs
El Supremo

Attorney Tom Pabst went on the Mike Kilbreath Daily Gazette radio show and criticize the Burton Mayor and Prosecutor David Leyton. Pabst ha submitted a request for a criminal investigation into the Mayor of Burton the Prosecutors office had not acted.

Allegedly, after the show aired, the State Police went to Pabst and requested documents related to the request for an investigation.
Post Sat Jan 27, 2018 10:49 am 
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untanglingwebs
El Supremo

FLINT NEWS
Burton clerk charged with felony for role in land deal
Updated 9:41 AM; Posted 9:40 AM

By Dominic Adams dadams5@mlive.com
BURTON, MI -- A single felony charge has been filed against the Burton city clerk for her role in a property transaction.

Teresa Marie Karsney, 51, of Hubbard Lake, faces a single charge of violating Michigan's Notary Public Act involving real property, according to a statement from Genesee County Prosecutor David Leyton.

An investigation by Burton police revealed that Karsney notarized a signature that was made outside of her presence and concerned a transaction involving real property, the statement said.

"Her alleged action gives rise to probable cause that this statutory crime was committed," Leyton said in the statement.

A police report obtained by MLive-The Flint Journal through the Freedom of Information Act Request showed Deputy Clerk Racheal Ervin-Boggs agreed in July 2016 to purchase property on McLean Street from another resident.

Karsney allegedly signed documents in connection with the deal when all the people were not present.

MLive-The Flint Journal could not immediately reach Karsney's attorney Matthew L. Norwood for comment on Tuesday, June 5.

Karsney has been on administrative leave since the investigation, MLive-The Flint Journal reported in October.


Officials refused to release details of the investigation.


Karsney and Ervin-Boggs were placed on administrative leave in October following a citizen complaint about a land deal. The leave initially included pay, but it has since been changed to unpaid leave, according to the mayor's chief of staff.

The criminal investigation came after Ervin-Boggs had agreed in July 2016 to purchase property on McLean Street from another resident, according to a police report obtained by MLive-The Flint Journal through a Freedom of Information Act request.


There was a dispute regarding the sale.

The property owner allegedly told police he agreed to payments for the parcel but was not paid in full. Ervin-Boggs said she paid $1,000 -- the agreed amount -- but the property owner said she owed $500 more. Ultimately, Ervin-Boggs backed out of the deal.

The owner later discovered Ervin-Boggs had paid taxes on the property and a quitclaim deed for the property was notarized by Karsney and filed with the Genesee County Register of Deeds on behalf of Ervin-Boggs, the police report said.

A quitclaim deed is used to transfer ownership of property from one person to another.

The owner claimed he never signed the deed and Karsney was not involved in the transaction, according to the police report.

Ervin-Boggs allegedly told police a lease agreement was signed but she broke off the deal after the owner repeatedly asked her to pay an additional $500. She claimed to not have seen the property owner since the agreement and the quitclaim deed was signed -- on the same day.

Police said Ervin-Boggs could not provide an explanation to police on how Karsney could have notarized the signatures if the owner never went to Burton City Hall. A notarization is required to take place with all parties involved present, the report claims.

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Ervin-Boggs told police she didn't remember if she'd asked Karsney for a favor in notarizing the quit claim deed, but she alleged it was "commonplace" for them to notarize items for each other.

In a follow-up interview with police, Ervin-Boggs told an investigator the deed "was simply brought into Teresa who stamped it and notarized it without all parties being there or having positively identifying them or having them sign the deed in her presence."

Rik Hayman, the mayor's chief of staff, was sworn in as the acting clerk and human resources director Sue Warren is serving as deputy clerk.

Karsney has filed a lawsuit against the city claiming the investigation was retaliation for for speaking out against misdeeds allegedly occurring within the city government.

MLive-The Flint Journal could immediately reach Zelenko on Tuesday for comment.
Post Tue Jun 05, 2018 1:30 pm 
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untanglingwebs
El Supremo

City clerk charged with felony after city goes without clerk over six months
By Tanya Terry 810-452-2645 * tterry@mihomepaper.com
BURTON — City clerk Teresa Karsney was charged by the Genesee County Prosecutor’s Office June 4 with one count of violation of Michigan’s Notary Public Act involving real property, a four-year felony. Both Karsney and Deputy Clerk Racheal Ervin-Boggs were placed on administrative leave in October after a resident made an accusation regarding a land deal Ervin-Boggs was involved in and that Karsney is charged with improperly notarizing. The leaves were originally paid, but later became unpaid.

“A resident came in complaining about a transaction with property and he went to the police department and filed a complaint,” Mayor Paula Zelenko said. “They did an investigation and referred it to the prosecutor’s office.”

An individual was selling property to Ervin-Boggs, with a selling price thought to be less than $2,000. Karsney is charged with notarizing a signature that had been made outside of her presence concerning the transaction.

According to the Michigan Notary Pubic Act of 2003, in witnessing or attesting to a signature, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person in the presence of the notary public and is the person named in the record. According to Michigan.gov, a notary notarizing an instrument without the signer being present carries a civil liability. However, the website also says violation of the Michigan Notary Public Act is a felony when a person knowingly violates this act when notarizing any document relating to an interest in real property or a mortgage transaction. Upon conviction, a person can be fined up to $5,000 and/or be imprisoned for up to four years.

If a vacancy becomes open, which is not the case at the present time, according to the city charter, Zelenko will have 30 days to appoint a new clerk. She can request a 60-day extension on this if council approves of it (Section 3:14 b)

Rik Hayman, chief of staff for Zelenko, said anytime the city doesn’t have individuals in the position they were hired to fill working it’s a tremendous burden.

“In this case, I filled in for five months as acting clerk while still doing my chief of staff duties,” he said. “So, I was putting in 15-16-hour days frequently. Mrs. Bigsby has been filling in while still doing her duties as executive benefits representative, putting in a tremendous amount of time. The records tech, Marcy Kimball, had to pick up all sorts of extra duties.”

Sue Warren, director of human resources/labor relations, is also credited with working hard to “pick up the slack” in the absence of a full-time clerk.

“We’re very thankful to have employees who were willing to step up to the plate and do all the extra work that was required and the extra training that was required,” Hayman said. “During the November election, we had to contract out to get help from the city of Davison, Genesee Township and Genesee County Clerk’s Office. County Clerk Gleason and his staff were extremely helpful. But, it’s been a tremendous burden.”

Councilman Thomas Martinbianco said the situation concerning the clerk was an unfortunate set of circumstances.

“It’s put us behind,” he said. “I’m more concerned about it putting us behind during the election process because it’s going to be a mid-term election and whatever processes take place probably won’t be done for several months. That being the case, that’s going to put the city behind the eight ball. We have to take corrective action, and it’s going to take council action to remedy the situation.”

Karsney will be arraigned in 67th District Court. Ervin-Boggs has not been charged to date.
Post Tue Jun 05, 2018 1:33 pm 
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untanglingwebs
El Supremo

City clerk charged with felony after city goes without clerk over six months
By Tanya Terry 810-452-2645 * tterry@mihomepaper.com
BURTON — City clerk Teresa Karsney was charged by the Genesee County Prosecutor’s Office June 4 with one count of violation of Michigan’s Notary Public Act involving real property, a four-year felony. Both Karsney and Deputy Clerk Racheal Ervin-Boggs were placed on administrative leave in October after a resident made an accusation regarding a land deal Ervin-Boggs was involved in and that Karsney is charged with improperly notarizing. The leaves were originally paid, but later became unpaid.

“A resident came in complaining about a transaction with property and he went to the police department and filed a complaint,” Mayor Paula Zelenko said. “They did an investigation and referred it to the prosecutor’s office.”

An individual was selling property to Ervin-Boggs, with a selling price thought to be less than $2,000. Karsney is charged with notarizing a signature that had been made outside of her presence concerning the transaction.

According to the Michigan Notary Pubic Act of 2003, in witnessing or attesting to a signature, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person in the presence of the notary public and is the person named in the record. According to Michigan.gov, a notary notarizing an instrument without the signer being present carries a civil liability. However, the website also says violation of the Michigan Notary Public Act is a felony when a person knowingly violates this act when notarizing any document relating to an interest in real property or a mortgage transaction. Upon conviction, a person can be fined up to $5,000 and/or be imprisoned for up to four years.

If a vacancy becomes open, which is not the case at the present time, according to the city charter, Zelenko will have 30 days to appoint a new clerk. She can request a 60-day extension on this if council approves of it (Section 3:14 b)

Rik Hayman, chief of staff for Zelenko, said anytime the city doesn’t have individuals in the position they were hired to fill working it’s a tremendous burden.

“In this case, I filled in for five months as acting clerk while still doing my chief of staff duties,” he said. “So, I was putting in 15-16-hour days frequently. Mrs. Bigsby has been filling in while still doing her duties as executive benefits representative, putting in a tremendous amount of time. The records tech, Marcy Kimball, had to pick up all sorts of extra duties.”

Sue Warren, director of human resources/labor relations, is also credited with working hard to “pick up the slack” in the absence of a full-time clerk.

“We’re very thankful to have employees who were willing to step up to the plate and do all the extra work that was required and the extra training that was required,” Hayman said. “During the November election, we had to contract out to get help from the city of Davison, Genesee Township and Genesee County Clerk’s Office. County Clerk Gleason and his staff were extremely helpful. But, it’s been a tremendous burden.”

Councilman Thomas Martinbianco said the situation concerning the clerk was an unfortunate set of circumstances.

“It’s put us behind,” he said. “I’m more concerned about it putting us behind during the election process because it’s going to be a mid-term election and whatever processes take place probably won’t be done for several months. That being the case, that’s going to put the city behind the eight ball. We have to take corrective action, and it’s going to take council action to remedy the situation.”

Karsney will be arraigned in 67th District Court. Ervin-Boggs has not been charged to date.
Post Tue Jun 05, 2018 1:33 pm 
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untanglingwebs
El Supremo

The 2005 Rizzo case. Jim Kiertzner and Bob Leonard obtained the leaked documents and ran with them. Kiertzner never reveals a source.




Federal agents probing Burton: Leyton still seeks Rizzo leak source
Print Email Marjory Raymer | mraymer@mlive.com By Marjory Raymer | mraymer@mlive.com
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on February 02, 2005 at 4:10 AM, updated May 13, 2010 at 3:01 PM
BURTON, Michigan -- Most of a public corruption investigation into Mayor Charles Smiley and other officials has been turned over to federalinvestigators, who are saying little about their plans.

Genesee County Prosecutor David Leyton said Tuesday that the bulk of the case, which has focused on Smiley, county Drain Commissioner Jeff Wright, Burton City Councilman Robert Centilli and City Administrator Charles Abbey, is now out of his hands.

Leyton said he will investigate who leaked a statement by developer Blake Rizzo in which Rizzo claims he gave money to Smiley and Centilli, laundered money through a company owned by Wright, and arranged for a subdivision lot to be given to Abbey in return for favorable treatment on his housing projects.

Rizzo was facing four felonies that could have landed him in prison for 28 years before he gave the statement as part of a plea agreement with prosecutors.

"The matter has been referred to federal authorities for investigation, " said Leyton, who would not elaborate on what he found during the past several weeks as he has reviewed records left behind by former Prosecutor Arthur A. Busch. "I don't want to cast any aspersions."

Smiley, Abbey, Centilli and Wright have denied the allegations.

"They are head-hunting, " Centilli said of the original investigation. "If they've got something on us, bring it on."

Smiley said The Flint Journal has "done enough" in reporting on Rizzo's statement to prosecutors, questioning whether the developer ever even characterized as bribery the money he alleges to have given Smiley.

Smiley said he is looking forward to putting "this silliness behind us."

Abbey has said public records that indicate he did not pay for a lot in a Rizzo subdivision are not what they appear to be and that he can show he paid for the property he built his home on.

A Journal article in January showed that county property records indicated that the lot owned by Abbey had been sold to him by a former Rizzo employee.

The same paperwork indicated that the transaction was not subject to a property transfer tax because the lot - currently valued at $36,500 -Êwas worth less than $100 in an undeveloped condition.

Wright said the referral to federal officials could be "the best, considering all the irregularities to date." Wright has been critical of Busch'sinvestigation and asked the county Board of Commissioners to give Leyton any resources he needed to investigate Rizzo's allegations, file charges or clear those named.

"I'm puzzled why the new prosecutor couldn't find anything to justify the old prosecutor's plea deal, " Wright said. "If there was enough there for aplea deal, there should be enough to press charges."

Federal officials have said very little about their involvement in the Burton case.

Assistant U.S. Attorney Robert W. Haviland would neither confirm nor deny that his Flint office had agreed to investigate Rizzo's allegations ofwidespread payoffs.

"We just don't comment on the progress of any individual complaint, " he said. "Now I can tell you that if at any time we received allegations ofpublic corruption, we have to make a decision as to whether it's something that we and the FBI, I think, should be investigating as a federalmatter.

"Sometimes it may take a considerable amount of time to figure that out."

Robert Hughes, supervisor of the Flint office of the FBI, said Tuesday that "the matter is being looked at."

The supervisor has said a public corruption task force remains in place in Flint but did not say whether it would be involved in the Burton case.

That task force also investigated possible improprieties in the sale of property seized by the county in a drug forfeiture last year.

There were no charges filed in that case.
Post Sat Jun 09, 2018 8:11 am 
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untanglingwebs
El Supremo

Probation for Rizzo: What next?
Print Email Marjory Raymer | mraymer@mlive.com By Marjory Raymer | mraymer@mlive.com

on June 23, 2005 at 4:33 AM, updated May 13, 2010 at 2:56 PM
BURTON, Michigan -- Now that a prominent Burton developer has been sentenced to probation, what does it mean for city politics and a public corruption probe?

Observers are speculating after Blake Rizzo's sentence Wednesday to a year's probation and no jail time for pleading to misdemeanor insurance fraud and bribery charges.

"They better be doggone nervous and shaking in their boots, " said resident Donna Smithling, referring to Mayor Charles Smiley and other officials who may be a target of a federal bribery investigation that has Rizzo at its center.

Smiley said he never accepted bribes from Rizzo.

"I want to thank people in the city and the county for not believing what they're hearing about this case, " Smiley said. "People can see through the silliness. There's nothing there."

But others are pointing to a letter sent by federal prosecutors to Central District Judge Mark McCabe - who sentenced Rizzo - that apparently includes information on the progress made on the case, according to Rizzo's attorney.

Rizzo had faced felony charges but pleaded to misdemeanors in exchange for cooperating with federal authorities. Details of his accusations were revealed in a 170-page court transcript in December.

Rizzo claimed he gave money and gifts to Smiley, City Administrator Charles Abbey and Councilman Bob Centilli in exchange for favorable treatment on his residential developments.

He also accused Genesee County Drain Commissioner Jeffrey Wright of money laundering. All the officials have denied wrongdoing, and none has been charged.

"I'm very sorry for my actions. I am ready to take full responsibility for my actions, " Rizzo told McCabe at the sentencing. The developer declined further comment.

Michael Manley, Rizzo's attorney, said he read a letter sent by the U.S. attorney's office to McCabe indicating that federal prosecutors were satisfied with Rizzo's cooperation.

Federal prosecutors have been unwilling to answer questions about the case or even acknowledge that there is an investigation.

"The letter gave more details about the status of the investigation and what the likely results of the investigation would be, " Manley said.

Manley said it was private correspondence, and federal prosecutors told him it would not be released to the media.

"I'm not at liberty to go into more details about the letter, " Manley said.

Wright said he's not angry that the sentence could generate speculation against him and the other public officials. But he said the sentence should have been delayed.

"I have always thought that the investigation should be completed before the sentencing takes place, " Wright said.

Wright also pointed out that Rizzo admitted he committed perjury in the insurance fraud case, casting doubt on the developer's credibility.

"It's already been shown that he'll tell the truth once and then tell a lie once, " Wright said.

Genesee County Prosecutor David Leyton declined to comment about the case.
Post Sat Jun 09, 2018 8:17 am 
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untanglingwebs
El Supremo

It is obviously difficult to prosecute white collar and political criminals. A prominent local politician has been very vocal about Flint based FBI ignoring allegations of political corruption. Kiertzner pursued the Abbey story involving Rizzo and the attempt by John Hightower to use the black newspapers to hide campaign finance lies in his support of Jeff Wright in 2000. Kiertzner interviewed Oakland residents who allegedly gave large donations i support of Wright only to be told they never heard of Wright and never donated. There was a great deal of speculation that this was the reason Wright hired Sam Riddle as a consultant to Detroit Water and later worked with the FBI to investigate Riddle.
Post Sat Jun 09, 2018 8:27 am 
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untanglingwebs
El Supremo

Federal appellate court quotes "The Godfather" as it upholds Charles Abbey's 2007 conviction on bribery, extortion charges

Julie Morrison | Flint Journal
By Julie Morrison | Flint Journal

on April 03, 2009 at 8:31 PM, updated April 03, 2009 at 10:42 PM
BURTON, MIchigan -- Did a developer make an offer that Charles Gary-Don Abbey couldn't refuse?

A federal appellate court seems to think so.

Federal judges quoted "The Godfather" in a decision released Friday upholding the former Burton city administrator's 2007 conviction on bribery and extortion charges.

Abbey's defense had argued that federal prosecutors didn't prove that developer Blake Rizzo gave Abbey a subdivision lot seven years ago in exchange for a specific favor.

But a three-judge panel ruled the prosecution did not have to prove a specific quid pro quo for Abbey to have committed a crime.

Cue "The Godfather" theme.

In a footnote to their opinion, the judges pointed to an exchange between Don Vito Corleone and funeral parlor owner Amerigo Bonasera in the opening scene of the 1972 crime classic "The Godfather."

"I ask you for justice... .How much shall I pay you?" Bonasera asks Corleone.

Corleone's response? "Bonasera. Bonasera. What have I ever done to make you treat me so disrespectfully?"

After Bonasera kisses the Don's ring, Corleone tells him "Good. Someday, and that day may never come, I'll call upon you to do a service for me... ."

"Grazie, Godfather," Bonasera replies.

Movie fans know the rest: The Godfather punishes the men who beat Bonasera's daughter and Bonasera is called on later to stitch the body of the Don's oldest son back together after Santino Corleone gets whacked at a toll booth by rival mobsters.

The gift of a free or greatly reduced subdivision lot in Maplewood Meadows doesn't hold quite the same drama, but it was enough to land Abbey a 15-month federal prison sentence.

Although there was no "express agreement for a specific official act to be done in return for Rizzo's gift," the court ruled that prosecutors did show that Abbey "used his influence and position to assist Rizzo with several land developments, including one in particular -- Pebble Creek."

Rizzo pleaded guilty in state court to bribery and misdemeanor insurance fraud charges.

Abbey, 48, has been free pending appeal but will likely have to report to prison sometime before the end of the year, said U.S. Attorney Robert Haviland.

"I'm delighted by this ruling," Haviland said.

Abbey's lawyer, Richard Lustig, said he plans to ask the full appeals court and possibly the U.S. Supreme Court to look at the case.

And Lustig's thoughts on the court's "The Godfather" logic?

"They were in a good mood," said Lustig.

Burton Councilwoman Laurie Tinnin -- a longtime critic of the development deals that helped Rizzo -- said Abbey probably shouldn't have appealed. Abbey would have been released from prison by now had he immediately reported to prison.

"The smart thing to do would have been to just get it over with and get on with your life," Tinnin said. "It's a waste of time and a waste of money."

Abbey is still living in the house on the subdivision lot in question but doesn't have to worry about losing it to the feds.

Haviland said the federal government is not pursuing seizing the house.

"He's probably going to get to keep that," Haviland said.

Information from Journal wire reports is included in this report.
Post Sat Jun 09, 2018 8:31 am 
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untanglingwebs
El Supremo

PDF]united states court of appeals - Sixth Circuit
www.ca6.uscourts.gov/opinions.pdf/09a0133p-06.pdf
Apr 3, 2009 - Rizzo stated that he had given numerous bribes to various Burton ... favors. These statements formed the basis of Abbey's federal indictment.
Post Sat Jun 09, 2018 8:34 am 
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untanglingwebs
El Supremo

BOYCE F. MARTIN, JR., Circuit Judge. Former Burton, Michigan, City
Administrator Charles Abbey was convicted of conspiracy to bribe a public official
1
No. 07-2278 United States v. Abbey Page 2
1
Rizzo eventually pleaded guilty to two state offenses: misdemeanor insurance fraud for allowing
his friend to drive off in his Corvette and then falsely reporting it stolen, and for paying an illegal bribe
to Burton Mayor, Charles Smiley.
under 18 U.S.C. § 371 and 18 U.S.C. § 666(a)(2), solicitation of a bribe by a public
official under 18 U.S.C. § 666(a)(1), and extortion by a public official under the Hobbs
Act, 18 U.S.C. § 1951. Though covering three crimes and two statutes, Abbey’s appeal
boils down to a single assertion: that the government, to sustain a conviction under 18
U.S.C. § 666 or the Hobbs Act, 18 U.S.C. § 1951, must prove a direct link between a
specific gift given to a public official and an explicit promise by that official to perform
a specific, identifiable official act in return. Though Abbey is correct that the
government did not prove such a link at trial and that the jury instructions did not so
instruct, we nevertheless reject his argument because neither statute contains such a
heightened requirement. We thus affirm Abbey’s convictions and sentence.
Post Sat Jun 09, 2018 8:36 am 
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untanglingwebs
El Supremo

I.
Albert Louis-Blake Rizzo, a local land developer, implicated Abbey in
statements he made to county prosecutors following the filing of perjury and fraud
charges against him. Rizzo stated that he had given numerous bribes to various Burton
public officials, including Mayor Charles Smiley and defendant Abbey.1
He further
claimed that he gave Abbey a free subdivision lot in return for unspecified future official
favors. These statements formed the basis of Abbey’s federal indictment.
Trial testimony indicated that Abbey had been looking for a lot to build a new
home on. Rizzo had one, and, after some machinations (the lot was deeded to Rizzo’s
secretary and possible mistress, who then deeded it to Abbey) Abbey received it without
any cash exchanging hands. Rizzo testified that, in giving Abbey the lot “for free,” he
had hoped that he would be considered favorably for future Burton real-estate
developments. Abbey argued that the lot was not free because he paid various
encumbrances to clear title after receiving it and that this equaled what he believed the
land was worth. Abbey also denied exerting public influence in Rizzo’s favor in any
other way
Post Sat Jun 09, 2018 8:38 am 
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