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October 27, 2005

East Bay Township probe widens

Four current and ex-officials named suspects

By
Record-Eagle staff writer

      TRAVERSE CITY - Four current and former East Bay Township officials are suspects in an expanded probe into alleged thefts or misuse of tens of thousands of dollars from public coffers.
      Grand Traverse County's prosecutor added former supervisor Joseph Bartko, former assessor Tammi Simerson and current treasurer Debora Watson to a suspect list that includes township clerk Janice Gee, who's awaiting trial on multiple felony embezzlement charges.
      Bartko, Simerson and Watson have not been charged with crimes. Prosecutor Alan Schneider said he expects to make charging decisions in the case within two weeks.
      "There's a variety of misdemeanors and felonies that address the misuse of public funds," Schneider said. "I'm looking at credit card usage, at a general nonfeasance and malfeasance in office and I'm looking at travel expense advances and the simultaneous use of credit cards for travel expenses."
      A series of audits of East Bay Township books uncovered alleged thefts, missing money and questionable purchases and expenses allegedly tied to the suspects.
      Record-Eagle stories - based on township documents obtained through the state Freedom of Information Act - detailed township credit card use and possible double-dipping by longtime supervisor Bartko, 74, Gee, 59, and Simerson, 32, Gee's daughter, for questionable trips, meals and items such as clothing, a bayonet and a wide variety of other goods.
      Schneider said he's still deciding which statute most appropriately fits the suspects' alleged conduct. Authorities continue to review township financial records, and potential charges could change, he said.
      Schneider would not detail possible wrongdoing by Watson but said he hasn't seen anything to indicate she embezzled from any of the funds she managed as treasurer.
      "We've got all of their personal bank records, and there's nothing to indicate (embezzlement)," Schneider said.
      Bartko and Simerson also aren't suspected of embezzling from township accounts, he said.
      Watson said her role in the investigation isn't news to her.
      "I've cooperated, given them more than they asked for and documented everything I've done," she said. "If they charge me, I don't know what it could be for."
      But one local attorney involved in the case voiced surprise over Schneider's comments.
      "I haven't seen any evidence that any of those three should be subject to any criminal investigation," said Traverse City attorney Joe Fisher, who represents Bartko and Simerson but not Watson.
      Fisher also contended his clients and others are being convicted by the public before they have a chance to defend themselves.
      "This thing is out of control out there (in East Bay)," Fisher said. "There's a lynch mob mentality out there fueled by the incendiary and provocative editorials and some of the stories in your paper."
      Gee is scheduled to stand trial Dec. 9 on seven counts of felony embezzlement for allegedly manipulating payroll records in 2003 and 2004.
      Since the original charges were filed in June auditors tracked her alleged embezzlement back to 1995. She allegedly stole more than $62,000 since then.
      Schneider said he plans to charge Gee with additional counts for the years 2000, 2001, and 2002, each of which carries a penalty of up to five years in prison.
      Schneider toyed with the idea of amending charges against Gee to 10-year-felonies under an old law dealing with embezzlement by public officials.
      While there are some court cases that indicate he could charge Gee under the law, Schneider said the charges won't gain him much under sentencing guidelines but could jeopardize a conviction if it was later overturned on appeal.
     
See Related Stories:
      East Bay's bid for state's assistance in removing Gee falls short - October 12, 2005
      East Bay recall petition drive thriving - October 11, 2005
      Gee trial delayed as prosecution continues to build case - October 1, 2005
      Audit: East Bay Township clerk took $62K - September 28, 2005
      Residents demand answers from East Bay board - September 16, 2005
      Audit of East Bay finances may result in more charges - September 14, 2005
      East Bay residents to circulate petitions - September 3, 2005
      East Bay finances: 'Little stuff' totals thousands - August 28, 2005
      Prosecutor says East Bay probe may widen - August 26, 2005
      Former East Bay supervisor likely purchased personal items - August 21, 2005
      East Bay Township clerk is back to work - August 21, 2005
      More money may be missing in East Bay - August 16, 2005
      Lile suggests shutting down East Bay government to fix mess - July 22, 2005
      East Bay Township supervisor expects 'real ugly' meeting - July 22, 2005
      East Bay assessor to be paid as fate is determined - July 12, 2005
      Errors pile up in review of East Bay records - July 10, 2005
      Public backs East Bay probe leading to arrest of clerk - June 28, 2005
      East Bay Township clerk charged with embezzlement felonies - June 23, 2005
      Township officials pushed for audit leading to Gee's arrest - June 23, 2005

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