PROSECUTION Andre Spivey Sentencing Memorandum
PROSECUTION Andre Spivey Sentencing Memorandum
Defendant.
________________________________/
Andre Spivey accepted over $35,000 in cash bribes while betraying the trust
of the citizens of Detroit. Instead of doing the job he was elected to do, Spivey made
satisfying his own greed and sacrificing the best interests of the people of Detroit his
job. Spivey’s criminal conduct was not a one-time slip or an isolated serious lapse
of judgment. Rather, on more than eight separate occasions over the course of five
years, Spivey asked for and accepted cash bribes from a Detroit business owner
seeking favors and a purchased vote on the Detroit City Council. The Court’s
sentence should reflect the seriousness of Spivey’s crimes, the betrayal of Detroit’s
citizens who elected him, and the obvious need to deter other public officials from
pocketing cash bribes while ostensibly serving the public interest. Under these
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I. ARGUMENT
elected member of the Detroit City Council, representing a district on the east side
of the city. PSR ¶ 7. As a member of the city council, Spivey demanded money
from various businessmen. One of those businessmen, who was involved in the
towing industry, was approached by the FBI for information back in 2017. PSR ¶¶
8-9. The businessman showed FBI agents text messages from Spivey from 2016,
wherein Spivey asked the man for money in exchange for raising the dollar amount
on towing contracts in the City of Detroit. PSR ¶ 9. This conduct by Spivey occurred
before the businessman began working as a source of information for the FBI. Id.
This businessman had heard from other businessmen in Detroit that they had been
Starting in 2018, the source of information for the FBI began recording his
meetings with Spivey where Spivey asked for cash bribes. PSR ¶ 10. The very first
recorded bribe payment in February 2018 concerned Spivey’s need for cash for a
trip to Las Vegas. Spivey demanded and took $2,000 in cash. Id. This money was
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for Spivey’s personal use and enjoyment, and it was not going to be used for any
purpose. In exchange for the money, Spivey agreed to help the businessman get a
Starting with that first recorded February 2018 bribe payment, Spivey then
proceeded to take seven more bribe payments from the source of information and
from an undercover federal agent. The eight recorded bribes accepted by Spivey
amounted to a total of $35,900. PSR ¶ 17. Spivey admitted in his statement to the
Court that for each of the eight bribe payments it was Spivey who reached out to the
confidential source and asked for money. On each of the eight recorded meetings,
the source of information and the undercover federal agent made it clear that the
cash accepted by Spivey was given in exchange for Spivey’s help getting a towing
contract in the city, getting an auto repair contract with the city, and getting Spivey’s
help concerning a proposed towing ordinance pending before the Detroit City
Another significant part of Spivey’s corrupt criminal conduct was the fact that
he enlisted a member of his own staff in the conspiracy. PSR ¶ 13. Starting in
January 2020, Spivey directed this city staff member to collect over $20,000 in bribe
payments from the businessman and from the undercover agent for delivery to
Spivey. PSR ¶¶ 13-15. Thus, Spivey was willing to corrupt another city employee
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and recruit him into the conspiracy, so that Spivey could collect more cash. PSR ¶¶
13-15.
Besides recruiting a member of his own staff into the conspiracy, Spivey also
agreed to introduce the FBI confidential source to other members of the Detroit City
Council. PSR ¶ 16. Spivey did in fact introduce the confidential source to two other
members of the Detroit City Council. Id. Spivey did this after Spivey himself had
corrupt other elected officials of the City of Detroit demonstrates and emphasizes
getting caught taking bribes by law enforcement. For example, Spivey asked the
payment sitting on a table at a restaurant. Spivey also said, “I don’t want to touch it
[the bribe payment] right here” in fear that someone could be watching. During
another bribe payment, after meeting with an undercover federal agent, Spivey
sought reassurance from the Detroit businessman assisting the FBI. Spivey asked if
he could trust the undercover agent because Spivey presciently feared that “we got
Feds everywhere.” At yet another bribe payment meeting, Spivey typed a draft text
message on his phone and showed the message to the confidential source. Spivey’s
message asked if he could trust the undercover agent. Spivey did this in a way to
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avoid any verbal discussion of the topic in case there were any listening devices
conspiracy Spivey was keenly aware that he was brazenly breaking the law through
bribery, and that he was willing to obstruct law enforcement’s efforts to detect his
misconduct.
A significant sentence is needed in this case to promote respect for the law
and provide just punishment. Through his election, Spivey represented the citizens
of Detroit. Through his criminal conduct, Spivey betrayed those same citizens.
Spivey undermined the trust that citizens have in their elected leaders. He increased
cynicism by the electorate and a belief that all public officials are on-the-take.
betrayal left the people of Detroit with the sick and disgusted feeling that nothing
has changed, and that corruption is endemic to their city. For this, Spivey must
Bridgeport, Connecticut:
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average citizen lose respect and trust in elected officials and give up any
hope of participating in government through legitimate channels.
United States v. Ganim, No. 3-01-CR-263, 2006 WL 1210984, at *5 (D. Conn., May
5, 2006), aff’d, 510 F.3d 134 (2d Cir. 2007). Spivey’s actions here helped to shred
Whether or not Spivey actually got around to having a real opportunity to cast
a corrupt vote on the issue of towing, there is no question that Spivey took every
opportunity to accept cash bribe after cash bribe, knowing full well that the money
was given to him to influence and reward him as a corrupt member of the Detroit
him, including in his role as a minister. There is no question that the Court should
take this into consideration in fashioning a sentence. However, this admiration, his
family, and his good acts within the community do not reduce the need to vindicate
the law, the citizens of Detroit, and the requirement of just punishment. This is
especially true in a case where the criminal conduct affects so many people and
qualities do not reduce the damage that he has done to our community.
harms our democracy. During President Theodore Roosevelt’s State of the Union
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There can be no crime more serious than bribery. Other offenses violate one
law while corruption strikes at the foundation of all law. Under our form of
government all authority is vested in the people and by them delegated to
those who represent them in official capacity. There can be no offense
heavier than that of him in whom such a sacred trust has been reposed, who
sells it for his own gain and enrichment. . . . He is as wicked as the
murderer, for the murderer may only take one life against the law, while the
corrupt official and the man who corrupts the official alike aim at the
assassination of the commonwealth itself.
2 State of the Union Messages of the Presidents 2081 (1966). The citizens of this
city had the right to expect that Spivey would use all of his skills, talents, and
integrity to work for their best interests, rather than to undermine their trust in the
The Court should impose a prison sentence on Spivey in order to serve the
important purpose of deterring other public officials in this district and beyond from
has its greatest impact in white-collar cases, like this one, because these crimes are
committed in a more rational and calculated manner than sudden crimes of passion
or opportunity. United States v. Peppel, 707 F.3d 627, 637 (6th Cir. 2013). In this
case, Spivey’s calculated decisions to accept cash bribes took place more than eight
separate times over the course of five years. Given his position as an elected public
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official at the time of his criminal activity, Spivey should be punished appropriately.
The example this Court makes through its sentence will send a distinct message to
other public officials in southeast Michigan that corruption will not be tolerated.
to bribery. United States v. Conyers, Case No. 09-20025-Cohn, Docket No. 159
(E.D. Mich.). Conyers’ Chief of Staff, Sam Riddle, also received a sentence of 37
months in prison. United States v. Riddle, Case No. 09-20295-Battani, Docket No.
111 (E.D. Mich.). For comparison purposes, Spivey accepted $35,900 in bribes on
in prison after being convicted at trial for stealing $91,000 from the city through a
ghost employee scheme, but not through bribery as with Spivey. United States v.
Bates, Case No. 05-81027-Roberts, Docket No. 107 (E.D. Mich.). Tahir Kazmi, the
prison following a guilty plea after Kazmi accepted $70,000 in bribes. United States
v. Kazmi, Case No. 12-20292-Murphy, Docket No. 108 (E.D. Mich.). The former
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States v. Lovelock, Case No. 16-20793-Cleland, Docket No. 33 (E.D. Mich.). Brian
prison after accepting $20,000 in bribes and favors. United States v. Kischnick, Case
Detroit pension trustee and police officer, was sentenced to 57 months in prison after
system. United States v. Stewart, Case No. 12-20030-Edmunds, Docket Nos. 474 &
months (17 years) in prison for taking bribes worth $130,000 from multiple sources.
In that case, Reynolds went to trial, and the government was able to establish the
value of the benefit received by the bribe payers, which was over $1 million. United
States v. Reynolds, Case No. 16-20732, Docket Nos. 273 & 283.
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criminal nature of his actions. Given Spivey’s criminal activity was centered on
taking advantage of his position as an elected public official, a position which Spivey
has now lost, it appears highly unlikely that Spivey will seek to commit additional
II. CONCLUSION
Over the course of five years, Andre Spivey repeatedly demanded and
accepted bribes using his position as an elected Detroit City Councilman to satisfy
his own greed and personal financial needs. Spivey has openly acknowledged that
elected official. In his 2017 re-election campaign, Spivey promised on his campaign
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prison sentence of 40 months of imprisonment, this Court can truly hold Spivey
responsible and accountable on behalf of all of the citizens of Detroit and this district.
Respectfully submitted,
DAWN N. ISON
United States Attorney
s/DAVID A. GARDEY
s/FRANCES CARLSON
Assistant U.S. Attorneys
211 West Fort Street, Ste. 2001
Detroit, Michigan 48226-3211
Dated: January 5, 2022 313-226-9591
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CERTIFICATE OF SERVICE
document with the Clerk of the Court using the ECF system, which will send
s/DAVID A. GARDEY
Assistant U.S. Attorney
211 West Fort Street, Ste. 2001
Detroit, Michigan 48226-3211
Dated: January 5, 2022 313-226-9591
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