TRAVERSE CITY -- Meijer Inc. and the law firm it used to wage a secret recall campaign refuse to turn over corporate documents demanded by Grand Traverse County's prosecutor.
The Grand Rapids-based retailer contends attorney-client privilege allows it to withhold some documents and witness testimony that might detail criminal behavior in a failed attempt to recall Acme Township's elected officials in February 2007.
Grand Traverse Prosecutor Alan Schneider disputed that stance in a motion filed last week. Schneider wants a judge to force Meijer and heavyweight law firm Dickinson Wright to turn over the disputed documents and witnesses.
"Meijer Inc. may not assert attorney-client privilege to preclude disclosure of communications, work-product, and financial records of an attorney who acted in concert with them to commit a crime," Schneider wrote in the motion.
"Our courts have long recognized that the attorney-client privilege protects only communication regarding past wrongdoing and does not extend to ongoing or future criminal deeds," he added.
Thirteenth Circuit Judge Philip E. Rodgers scheduled an April 4 hearing on Schneider's motion.
Meijer's stance in Schneider's criminal probe conflicts with a statement made by a company spokeswoman in January.
"We will fully cooperate with any investigation," Meijer's Stacie Behler told a Grand Rapids newspaper.
An internal investigation conducted by an attorney hired by Meijer showed the company used corporate funds to influence the 2007 recall election, a possible felony violation of state campaign finance laws.
Meijer also may have violated state election law in Acme in 2005, its attorney concluded.
Meijer, law firm employees subpoenaed
Schneider in February issued investigative subpoenas to employees of Meijer, as well as Dickinson Wright, and Seyferth Spaulding Tennyson, a Grand Rapids public relations firm.
The subpoenas requested documents and testimony "as it relates to discussions and correspondence between Scott Nowakowski and Stacie Behler of Meijer Inc. with Timothy Stoepker and other members of the Dickinson Wright law firm, and agents of Seyferth Spaulding Tennyson."
Seyferth complied with the subpoena.
"We're fully cooperating and we gave them everything we have," said Seyferth president Ginny Seyferth. "They told us to just hold tight and they'd be back in touch."
Meijer and Dickinson Wright provided financial documents, but refused to hand over correspondence between Nowakowski, Behler and Stoepker.
"They have not fully complied with our request, and the next step is further court action to force compliance," Schneider said. "We are persisting and are going to get what we need and what we are legally entitled to."
Stoepker, a lawyer with Dickinson Wright, is the attorney Schneider alleged "acted in concert" with Meijer in alleged criminal activity.
Stoepker led a team of five attorneys who represent Meijer and the Village at Grand Traverse developers in ongoing zoning disputes with the township and personal lawsuits filed against eight township officials.
Stoepker signed a contract with Seyferth Spaulding Tennyson Inc. in May 2006 to do public relations work for Meijer.
Billing records obtained in a separate lawsuit show Meijer paid Seyferth more than $30,000 to secretly devise and run the 2007 recall campaign using front groups of local citizens.
The records list discussions, updates, and strategy meetings that involved Stoepker, Nowakowski, Meijer's director of real estate, and Behler, Meijer's vice president of corporate communications and public affairs. Behler also heads up Meijer's political action committee.
A prosecutor's tool
The Michigan Legislature in 1995 authorized investigative subpoenas as a tool for prosecutors to obtain documents or witness testimony prior to the filing of criminal charges.
Investigative subpoenas typically are used to obtain testimony from uncooperative witnesses. Antrim County Prosecutor Charles Koop frequently has used the legal device, and said such orders typically aren't used on suspects because they can claim a right against self-incrimination.
Schneider subpoenaed three Meijer employees, one of whom is Behler's assistant. Another works in the real estate division, while the third person's job could not be identified.
Behler declined to comment on Schneider's allegation and referred to Meijer's last public statement on Feb. 4.
An unsigned Meijer statement said the company admitted it likely violated state campaign finance laws in Acme elections in 2005 and 2007.
Meijer hired law firm Miller Johnson to defend against criminal charges. Firm attorney James Brady said Meijer cooperated with an investigation conducted by the Michigan Secretary of State's office, and is cooperating with Schneider's investigation "the best we can under the law as best we understand it."
Attorney Sharon Woods represents Dickinson Wright and declined comment.
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