TRAVERSE CITY -- Grand Traverse County Prosecutor Alan Schneider asked the Michigan Secretary of State to refrain from taking action on its investigation of Meijer, Inc. until his office finishes its criminal probe.
Schneider said any deal between Secretary of State Terri Lynn Land and Meijer over alleged campaign finance violations could unnecessarily complicate a potential criminal prosecution of Meijer or individual Meijer officials.
Land's office has a legal right to reach a "conciliation" agreement with Meijer over alleged campaign finance violations in Acme Township in 2005 and 2007. If such a deal is reached, state law holds the agreement "is a complete bar to any further action with respect to matters covered in the conciliation agreement."
Schneider said the language is open to interpretation and he doesn't believe it would stop him from pursuing a criminal prosecution.
"However, it is something I would rather not have to litigate at trial," Schneider said. "There's no time limit under the act and no need for the Secretary of State to enter into an early agreement (with Meijer.)"
Land spokeswoman Kelly Chesney said Land was not available for comment Tuesday. Chesney said a staff attorney in her office spoke with Schneider's office about the dual probes and said the state won't hamper the criminal investigation.
"We've been in dialogue with the local prosecutor and will be in constant communication with him as this moves forward," Chesney said. "We won't be doing anything to jeopardize the local prosecutor's investigation."
Acme officials voiced concerns that Land "pre-judged" Meijer's role in township elections in 2005 and 2007, according to a letter sent to her department Monday on behalf of four Acme Township board members.
"Any investigation, resolution or prosecution conducted or initiated by you -- at the request of no one other than Meijer -- would inevitably create an appearance that you were intervening in a legal problem for your political supporters, not protecting the citizens you were elected to represent," the letter read.
Defending Meijer?
Acme officials also allege Land made statements defending Meijer, and cited campaign contributions totaling almost $9,000 she received from top Meijer officials, including Frederick and Hank Meijer, and Meijer's Political Action Committee, along with consultants and attorneys who worked for Meijer.
"We have been informed by a credible witness that you have already made off-the-record statements defending Meijer, suggesting you have pre-judged this matter prior to the conclusion of any investigation," the letter said.
Bzdok declined to identify the individual, but said that person spoke of Land "vociferously" supporting Meijer.
"I spoke to somebody that had a conversation with her," Bzdok said.
Meijer last week acknowledged likely violations of state campaign finance laws in a letter to Land.
Schneider said his month-old investigation is progressing well and he expects it to be wrapped up in another six weeks to two months. He declined to comment on specifics of the ongoing investigation, but said it's currently focused on alleged campaign finance violations by both Meijer, Inc. and individuals.
Acme officials contend it would be a "waste of public resources" for Land to investigate alleged violations while a local criminal probe is underway. Authorities are investigating whether Meijer officials committed felonies when they attempted to influence township elections in 2005 and 2007.
The letter from Acme officials also contends that the state hasn't received a formal complaint on the matter other than admissions from Meijer, "whose sincerity and credibility must be considered suspect at this point, to say the least," it states.
"It sounds like it's not a big deal to the upper echelon of the Secretary of State's office," said trustee Frank Zarafonitis.
Zarafonitis said he wants Meijer tagged with a felony conviction rather than pay a fine to the Secretary of State. He said it would serve as a warning to other communities the extent Meijer will go to intimidate local officials.
"I don't feel they're the good neighbor they represent themselves to be and I'd like to see Meijer prosecuted to the fullest extent possible," he said.
'Penny in a fountain'
Attorney General Mike Cox hasn't received any documents regarding the Meijer probe, said spokesman Rusty Hills. Hills said it's standard procedure for the AG's office to follow up on campaign finance complaints investigated by the Secretary of State's office, but the Meijer probe isn't that far along.
Hills wouldn't answer whether the office would delay taking action against Meijer based on requests from local officials and investigators.
A spokeswoman for Gov. Jennifer Granholm said executive officials are aware of the Meijer dispute, but wouldn't comment on whether the state should suspend its probe while local investigators complete their work.
"We're not in a position to offer a comment or a judgment," Granholm spokeswoman Liz Boyd said. "We expect the Secretary of State is enforcing laws for which she is responsible, and we expect the Attorney General's office would do the same."
One Acme trustee, Erick Takayama, said he wants the investigation into Meijer activities to extend beyond the retailer's self-acknowledged campaign finance violations.
"The campaign finance rule-breaking violations are just the tip of the iceberg, really," he said. "I can't say their involvement is more than they've admitted, but the impact is huge. It's affected people's lives, it's affected people's health ... and they knew that."
He also said that a hefty fine from the state wouldn't be a sufficient punishment for the company or a deterrent to others.
"A $10,000 fine to Meijer? That's like me dropping a penny in a fountain," he said.
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