Case 2:21-cr-20490-VAR-EAS ECF No. 12, PageID.

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

CRIMINAL NO. 21-20490

vs.
HON. VICTORIA A. ROBERTS
D-1 ANDRE SPIVEY,

Defendant.
________________________________/

SENTENCING MEMORANDUM OF THE UNITED STATES

AS TO DEFENDANT ANDRE SPIVEY

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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circumstances, the government believes that a sentence of forty months in prison

would be a fair and just sentence for Spivey.

I. ARGUMENT

A. The Nature, Circumstances, and Seriousness of Spivey’s

Crimes (18 U.S.C. § 3553(a)(1)-(2))

Throughout his involvement in this criminal conspiracy, Spivey was an

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

asked for and had given money to Spivey as well.

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

political campaign, for a 501(c)(4) non-profit organization, or for some other

purpose. In exchange for the money, Spivey agreed to help the businessman get a

towing contract with the City of Detroit. Id.

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

Council. PSR ¶¶ 9-15.

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

already accepted $35,900 in cash bribes. Spivey’s open willingness to further

corrupt other elected officials of the City of Detroit demonstrates and emphasizes

the seriousness of Spivey’s criminal conduct.

Repeatedly throughout the conspiracy, Spivey expressed concern about

getting caught taking bribes by law enforcement. For example, Spivey asked the

confidential source to “make it look like a napkin” in referencing a cash bribe

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

capturing their conversation. These examples demonstrate that during the

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.

B. Respect for the Law and Just Punishment

(18 U.S.C. § 3553(a)(2)(A))

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.

Instead of having growing confidence in a vibrant and reforming city, Spivey’s

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

receive significant punishment. The citizens of Detroit deserve vindication.

As described by a federal judge in the prosecution of a corrupt mayor of

Bridgeport, Connecticut:

Government corruption breeds cynicism and mistrust of elected officials. It

causes the public to disengage from the democratic process because . . . the
public begins to think of politics as “only for the insiders.” Thus corruption
has the potential to shred the delicate fabric of democracy by making the

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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

that faith in democracy of the citizens of this city and district.

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

City Council. For this, Spivey is deserving of serious punishment.

It is apparent that Spivey has a number of supporters who personally admire

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

undermines the trust of so many in good government. Spivey’s admirable personal

qualities do not reduce the damage that he has done to our community.

Public corruption, such as that perpetuated by Spivey, is a serious crime that

harms our democracy. During President Theodore Roosevelt’s State of the Union

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Address on December 7, 1903, he emphasized the profound damage that public

corruption inflicts upon the government and its people:

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

government he was supposed to represent.

C. Deterring the Criminal Conduct of Others

(18 U.S.C. § 3553(a)(2)(B))

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

engaging in similar misconduct. See 18 U.S.C. § 3553(a)(2)(B). General deterrence

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.

In deciding upon a sentence, the Court should consider other corruption

sentences imposed in similar cases. Former Detroit City Councilwoman Monica

Conyers received a sentence of 37 months of imprisonment following a guilty plea

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

eight separate occasions, while Conyers was convicted of accepting $16,000 in

bribes. Conyers, Case No. 09-20025, Docket No. 169 at 2.

Former Detroit City Councilman Alonzo Bates was sentenced to 33 months

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

former Wayne County Chief Information Officer, was sentenced to 57 months in

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

Supervisor of Chesterfield Township, Michael Lovelock, received a sentence of 24

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months in prison after accepting $30,000 in bribes on a garbage contract. United

States v. Lovelock, Case No. 16-20793-Cleland, Docket No. 33 (E.D. Mich.). Brian

Kischnick, the former Troy City Manager, received a sentence of 30 months in

prison after accepting $20,000 in bribes and favors. United States v. Kischnick, Case

No. 18-20469-Edmunds, Docket No. 29 (E.D. Mich.). Paul Stewart, a City of

Detroit pension trustee and police officer, was sentenced to 57 months in prison after

being convicted of accepting $33,000 in bribes connected to the Detroit pension

system. United States v. Stewart, Case No. 12-20030-Edmunds, Docket Nos. 474 &

522 (E.D. Mich.).

Former Clinton Township Trustee Dean Reynolds was sentenced to 204

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.

This sampling of criminal sentences in similar cases demonstrates that a

sentence for Spivey within the guideline range of 37 to 46 months would be

reasonable and just.

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D. Protecting the Public from Further Crimes by Spivey

(18 U.S.C. § 3553(a)(2)(C))

Through his acceptance of responsibility and his open acknowledgment of

wrongdoing at his plea hearing, Spivey has demonstrated a recognition of the

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

similar crimes in the future.

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

he accepted $35,900 intending to be influenced and rewarded in his work as an

elected official. In his 2017 re-election campaign, Spivey promised on his campaign

website “to be responsible and accountable to every citizen.” Through a significant

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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

I hereby certify that on January 5, 2022, I electronically filed the foregoing

document with the Clerk of the Court using the ECF system, which will send

notification of such filing to the following:

Elliott Hall, Esq.

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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