TRAVERSE CITY -- Grand Traverse County's prosecutor appealed a "flawed, disharmonious and doubtful interpretation" of state campaign finance law that stopped his criminal investigation of Meijer Inc.
Prosecutor Alan Schneider filed a brief Friday with the Michigan Court of Appeals to overturn 13th Circuit Court Judge Philip E. Rodgers' April decision on the Meijer criminal probe.
Rodgers quashed investigative subpoenas filed by Schneider that sought testimony and documents from Meijer employees and its legal firm, Dickinson Wright PLLC. Schneider is investigating the illegal use of corporate funds in Meijer's secret attempt in 2006-07 to recall the entire Acme Township board over a zoning dispute.
Rodgers ruled that under the Michigan Campaign Finance Act only the secretary of state has the ability to investigate potential campaign finance act violations and refer them to the Michigan attorney general for criminal prosecution.
"The circuit court's decision means that for the first time in this state's history ... the attorney general and county prosecutors are prohibited from prosecuting crimes without the approval of another state officer," Schneider wrote in his brief. "Had our Legislature intended such a dramatic departure from our state's criminal justice system ... it would have said so."
In the 24-page brief Schneider argued that Rodgers failed to follow the proper precedent, expanded a narrow provision of the statute, read meaning in the statute not expressed by the Legislature and failed to reconcile his decision with state law giving prosecutors authority to investigate crimes.
"The statute does not say a prosecuting attorney cannot prosecute a criminal violation of the (campaign act)," he wrote.
Grand Rapids-based Meijer will attempt to resolve its alleged felony violation of the campaign act through the secretary of state by an informal "conference and conciliation process" called for in the campaign act, according to an affidavit filed by its attorney, John Pirich.
Should Pirich reach a conciliation agreement with Secretary of State Terri Lynn Land, it potentially could bar Schneider from pursuing criminal charges against Meijer officials or its former attorneys at Dickinson Wright.
Schneider also wrote that informal enforcement delegated to the secretary of state to correct violations is a remedy more appropriate for bookkeeping errors, not intentional felony violations.
"The secretary of state cannot correct a crime which has already occurred," he wrote. "The election is over and the harm to the trustees who were named on the recall election ballot cannot be undone."
Attorneys for Meijer did not return calls seeking comment Friday afternoon.
Schneider said the appeals process is lengthy and because there are no pending criminal charges there is no rule to expedite the court's review.
"Historically, the court of appeals does recognize when some expediency is required, but that's up to them," Schneider said.
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