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State House Candidate Brian Banks Evicted from Harper Woods Homes

Brian Banks, candidate for Michigan's House 1st District, could face new criminal charges for check fraud

 

 

State House candidate Brian Banks may have bigger concerns than getting elected next Tuesday to represent Michigan's 1st District. 

This past week Banks, 35, was evicted from the second of two homes he leased in Harper Woods and on Wednesday a judgment for $3751 was levied against him after checks he wrote to his landlord bounced.

Ira Auslander, attorney for Dan Sylvester, who is the owner of the home Banks rented for his campaign headquarters on Fleetwood Dr., said his client is keeping all his options open—including filing criminal charges.  According to MCL 750.131, if Banks knowingly wrote a bad check over $500, he could be charged with a 2-year felony.

“That’s an option we have and we’re considering all our options,” Auslander said in a phone call to Patch.

It seems as though history may be repeating itself.  Banks is an eight-time felon who has been convicted of passing bad checks and credit card fraud from 1998 to 2004, but he has said publicly that he’s turned his life around after earning a Master's degree and a law degree.

Last week, Michele Wood also evicted Banks from her mother’s rental home on Berden St., after taking Banks to court three times since February for failure to pay rent and bad checks.

“He’s a smooth operator.  I don’t want to deal with him anymore—he’s a liar,” Wood said.

Wood said the credit union that Banks' checks were drawn on is also suing him.

Banks vacated the home on Berden last Friday, Wood said.  She said he still owes her more than $1000 in back rent and court fees after she keeps his $1300 security deposit.

Banks has not responded to Patch's questions about the evictions and the judgment.

House Refusal to Seat a Possibility

The 1st District, which includes Grosse Pointe ShoresGrosse Pointe Woods, Harper Woods and part of Detroit, leans heavily Democratic and Banks could likely win against Republican candidate Dan Schulte, despite his recent legal troubles. 

Banks would not be the first convicted felon to serve in Michigan’s legislature. Bert Johnson, who was convicted of armed robbery as a teen, has been re-elected to the House two times and is currently a state senator.

Still, even if Banks is elected, he could face resistance by fellow House representatives to seat him.  Political analyst Bill Ballenger said it has happened before.

In the early 1950s, the Republican-controlled state Senate refused to seat Charles Diggs, Sr., a black Democratic legislator from Detroit who had been convicted of a felony, Ballenger said.

Ballenger also said he has spoken to a Democratic representative who doesn’t know what he’ll do if faced with the decision of whether or not to seat Banks.

Legislators will likely consider the 2010 amendment to the state's constitution that bars felons from holding state office if they have a conviction involving fraud or dishonesty in the last 20 years. As the crime must be related to the officeholder's official capacity, this rule may not apply to Banks. However, the constitution does permit either house to expel a member by a two-thirds vote.

Grosse Pointe Dems Deny Endorsement

Banks will not be endorsed by the Grosse Pointe Democrats said the organization’s president, Gary Bresnehan.

Bresnehan said the organization would not be endorsing Banks, despite Banks’ request for the endorsement and the fact that he is the Democratic candidate.

The group’s web page for candidate endorsements simply says that they refuse to endorse any candidate for the 1st District’s race.

No Forwarding Address

Both Auslander and Wood say Banks has left no forwarding address. 

“I honestly don’t know where to find him,” Auslander said.

According to an Oct. 29 article by MIRS, “For now, Banks is using a P.O. Box address as his place of residence with the Wayne County Clerk's office but used the Fleetwood address for his state campaign finance documents.”

In an email, Patch asked Banks where he currently resides but he did not respond.

“I’m not voting for him, but the only way I’ll get paid is if he gets elected,” Michele Wood said.

Related Topics: Brian Banks, Dan Schulte, Grosse Pointe Shores, Grosse Pointe Woods, Michigan House District 1, Michigan House of Representatives, and election 2012

George R. McMullen Jr.

9:38 am on Friday, November 2, 2012

The results of the election in the State House District 1 will be a very interesting look into the intent of the voters of the district.

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Diane Smith

11:15 am on Friday, November 2, 2012

George:

Looks like you wasted a few bucks on that donation.

Hopefully, you have also wasted a little cash on 2 other elction issues :)

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Robert Lee

11:43 am on Friday, November 2, 2012

George: What is your intent, being one of the guys who funded Brian Banks campaign? According to the state campaign finance databank, you and Manny Maroun are two of the Grosse Pointers who helped fund Mr. Banks:

http://miboecfr.nictusa.com/cgi-bin/cfr/contrib_anls_res.cgi?doc_seq_no%3D359921%26doc_stmnt_year%3D2012%26com_id%3D515833%26doc_date_proc%3D07/27/2012%26sched%3D1A%26doc_type_code%3DP1%26caller%3Dcf_online

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Chace Wakefield

3:04 pm on Friday, November 2, 2012

I wouldnt panic here about George giving $35.00. George typically goes to all the meet and greets around town for all canidates. I am guessing this is the donation portion of him going to that. There really is no reason to blame George for Mr. Banks actions. None of the donors should be blamed. Robert Lee, if you have all the answers around town to everything, how come I never see your name on a ballot? Time to step up and lead instead of always stirring the pot.

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Veronica Paiz

10:30 am on Saturday, November 3, 2012

I know for a fact that George went to the fundraiser merely to check out the guy to see how he compared to the other Dem primary candidates, since chances are very good a Dem will get elected to State House Rep. Just being a realist, trying to see what he might be in for as a resident of this district. Unfortunately, the experience cost $35.

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George R. McMullen Jr.

1:17 pm on Saturday, November 3, 2012

I would like to clarify my comment above as Katie makes a great point as I looked at my comment above again a little confusing…..Let me try again. With all the public information readily available to the voter about Mr. Banks and his background, if Mr. Banks is elected it will be a "real tell" as to what the voters who support Mr. Banks want and the quality of who represents district 1 in Lansing. Still sort of confusing but hope a little clearer. I’m afraid I’m being a touch politically correct but aren’t we all sometimes… :-)

Gloria

9:38 am on Friday, November 2, 2012

The founding fathers would roll over in their graves when a felon can even be considered for public office!

The basic personality trait of honesty and integrity should be a hallmark of person to hold any political office. Maybe I am just naive.

I am tired of Kwame Kilpatrick and Banks dishonesty. What is the United States of America coming to when no one cares about a character trait that defines a person? HONESTY and INTEGRITY should be one of the sole defining characteristics of an elected official. Even if you are a democrat, you should be ashamed of yourself if you vote for Banks! God help this great country of ours if this is how low we are sinking to find a candidate for public office! PLEASE to not allow a felon into the public trust and do not allow corruption to enter our system of government!

Do the right thing and VOTE for Dan Schulte for District 1....

Diane Smith

9:38 am on Friday, November 2, 2012

Maybe Gary B. should help prosecute him instead of being silent on an endorsement.

GP For Life

9:38 am on Friday, November 2, 2012

"Grosse Pointe Democrats" I remember when that was an oxymoron.

Deceit, dishonesty, and general aura of moral turpitude; sounds like he's more than qualified to be politician!

Gloria

9:38 am on Friday, November 2, 2012

Michigan Constitution, Article 4, Section 7
§ 7 Legislators; qualifications, removal from district.
Sec. 7. Each senator and representative must be a citizen of the United States, at least 21 years of age, and an elector of the district he represents. The removal of his domicile from the district shall be deemed a vacation of the office. NO PERSON WHO HAS BEEN CONVICTED of subversion or who has within the preceding 20 years been convicted OF A FELONY involving a breach of public trust shall be eligible for either house of the legislature.
History: Const. 1963, Art. IV, §7, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §5.

Donna Berger

10:16 am on Friday, November 2, 2012

I don't want to sound suspicious but isn't the timing of this questionable ??

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The Village Malcontent

10:32 am on Friday, November 2, 2012

Huh? The guys history of passing bad checks was being covered even before the primary and somehow he was still nominated! He is running around telling people he has reformed. Saw him say it myself. TRUTH here is (if that matters) he has nor reformed. So tell me... just whose conspiracy is this?

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Diane Smith

11:15 am on Friday, November 2, 2012

Donna:
You do appear to sound a little suspicious. It takes a long time to evict someone and the process just was completed. (by 2 different landlords)

The Village Malcontent

10:16 am on Friday, November 2, 2012

It's time for Grosse Pointe to unify and move to Macomb County. Our voting rights are being disenfranchised by combining us with largely illiterate partisan voters.

Scott Adams

11:15 am on Friday, November 2, 2012

As a Detroit native, raised there for the first 18 years of my life, I can say I'm ashamed of the current voters there who continue to elect exactly the same kind of politicians to run the City of Detroit as Mr. Banks. Shame on District 1 voters if they do the same.

The Village Malcontent

11:15 am on Friday, November 2, 2012

Can Patch at least Photoshop Banks photo and add some gray stripes to that shirt?

Betty Hodges

1:31 pm on Friday, November 2, 2012

Banks will be elected and then all who voted for him will be surprised by his lack of ethics in office.

Susan Uhl

1:31 pm on Friday, November 2, 2012

This is one democrat who will not be voting for Banks. My vote goes to Mr. Schulte.

Jackie S

2:22 pm on Friday, November 2, 2012

Donna, my husband and I are the landlords of the property on fleetwood... How can you suspect the timing is "questionable"? I believe the saying is, "the proof is in the pudding" ? The guy does not pay his rent and has wrote us two bad checks, one just being last week. Plain and simple! and apparently, we're not the only ones!

Betty Hodges

2:53 pm on Friday, November 2, 2012

How can the timing be suspect; Banks has a list of felonies, bad checks and credit card fraud. But then again in the Detroit area this is the standard for our elected officials. We need to question why the MEA donated money to his campaign.

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The Village Malcontent

4:06 pm on Friday, November 2, 2012

Teachers unions never support Republicans. Better a felon than a Republican. And these union members are in our schools with our children with those sort of politics and positions.? Better to be a Democrat and a felon than a Republican, boys and girls.

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peter

5:26 pm on Saturday, November 3, 2012

Republicans typically never support teachers or the boys and girls they teach; why would anyone expect teachers' unions to support republicans. Voting for republicans is voting against our schools and children.

Regardless of the loose association between teachers and this story, as a democrat I will not vote for Banks.

Katie

4:06 pm on Friday, November 2, 2012

Chace Wakefield, you don't even know what you're talking about! Before you go trashing Dr. Lee about leading, you may not know that he has lead plenty from behind the scenes for positive change. Some people don't need all of the attention and attaboys for their efforts.

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The Village Malcontent

5:29 pm on Friday, November 2, 2012

Katie: I get the impression Chace is from that age demographic where everyone gets a trophy r a ribbon just for showing up. He might have a hard time recognizing different qualities of leadership.

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Robert Lee

5:29 pm on Friday, November 2, 2012

Thanks for the plug Katie. Chase probably has not been in town long enough to remember when I ran for Grosse Pointe Shores council. And even though I lost, I stayed stepped up and stayed engaged and actually learned that you can have a bigger impact in effecting change outside of office. The petition drives I participated in with other motivated Shores citizens blocked the ill fated harbor expansion project with the GPYC and stopped a huge activities building from ruining Osius Park. After the more recent recall of tax raising officials, we have a new mayor and an entire city council all elected by the people, ending the long and sordid legacy of cronyism in the Shores.

And Chase, let me give you a little bit of advice. If you want to make it in real estate, you should not be making smart aleck comments about citizens in public forums like this. Do you think that is how Forman Johnston who founded the company you work for got where he did in life?

Diane Smith

10:05 pm on Friday, November 2, 2012

Perhaps Chace should try to sell a house to Brian Banks. It would be win-win for both men.

George R. McMullen Jr.

10:30 am on Saturday, November 3, 2012

I would like to respond to my position on Mr. Banks and my funding of his campaign if anyone is interested in the whole story. I don't know it its apparent to all who commented but I'm fairly active in politics in the Grosse Pointe Area. When there is a candidate running in my district I like to physically meet them. Mr. Wakefield is correct my 50.00 while technically listed as a donation it was to attend his Meet and Greet. No candidate is going to knock on my door talk to me to 30 seconds and expect me to vote for them. Further I also went to a meet and greet For Councilmember Dan Schulte, Congressman Peters, Congressman Hoekstra, and many local candidates. I was also accused of being “in the tank” for certain candidates, as this is a public blog I will not use this as who or who I don not support. If interested in who I’m supporting call me on my cell (313_549-6363 or drive by my house at 1382 Hollywood Grosse Pointe Woods MI you will see by the signs on my front lawn my positions on the current issues….Nuff said G

Robert Lee

10:30 am on Saturday, November 3, 2012

The Brian Banks saga of persistent criminal activity continues to grow. Don't miss M.L. Elrick's detailed expose on Fox 2 news:

http://www.myfoxdetroit.com/story/19990873/company-that-makes-campaign-items-says-candidate-owes-money

George R. McMullen Jr.

1:17 pm on Saturday, November 3, 2012

Would like to comment on Veronica's comment above. I had forgotten that the fund raiser was $35.00 I thought it was $50.00. Further it wasn't a total loss as the event was at Sinbad's a great venue in Detroit owned by a great family and the food was exceptional. I would keep Sinbad’s on your list for a great venue it hasn’t lost a step in I believe over 50 years...

George R. McMullen Jr.

1:17 pm on Saturday, November 3, 2012

I would like to clarify my very first comment made at the top of the article. Katie has a great point when I reviewed my comment it was a little unclear. Let me clarify at least somewhat…with all the public information that is available on Mr. Banks and his record, if Mr. Banks wins it will be a “real tell” as to the voters in house district one as to who they want to represent them and the message they want to send to Lansing.. I know still not clear but I’m being a little politically correct which I have to admit I’m guilty of every once in a while

Frank Walshingham

1:17 pm on Saturday, November 3, 2012

Mr. Sylvester and Ms. Woods: On behalf of House District 1 citizens and in the interests of good government, please do the right thing and pursue criminal charges against Brian Banks for the bad checks he wrote you! You both have the ability to put a stop to this con man's long charade! Regardless of how nebulous the state law is about felons holding office, I dare say it would be very hard for Michigan House officials to seat a crook like Banks who had active charges filed against him for criminal activity during the campaign. Especially if there were multiple charges stemming from different parties. Please file charges and demand the cops go after this recalcitrant bad check kiter!

Bill IV

5:26 pm on Saturday, November 3, 2012

Sorry but I have to step in for my friend Chace Wakefield. I wouldn't exactly call what he said "trashing" Dr. Lee. And to Dr. Lee, Chace is a hell of a realtor and a stand up guy. I'm pretty sure he's doing just fine. Let's not forget the real issue here and forget about the petty talk on a public forum. B. Banks is low life and there's a pretty good chance this low life will be representing us in Lansing. I just threw up in my mouth after that thought went through my mind. It makes me absolutely sick to my stomach that this person, and i say that loosely, will most likely win the election. He's a career criminal who managed to get himself some diplomas. Being a landlord myself, nothing makes me more mad than a person playing the system, writing bad checks and milking it for all he can until a Judge orders him out. Let's not lose sight here that we have to focus our energy not allowing this to happen. Hopefully the landlords that were duped by this waste of space will file charges immediately so that the law can intervene before he sets up shop in Lansing.

The Village Malcontent

11:14 pm on Saturday, November 3, 2012

While the posters who are democrats are saying they won't vote for Banks, they aren't saying they will vote for the challenger, Dan Schulte. So is one to infer that they won't make a selection letting those who aren't aware of Banks background make the decision? If so, you are still endorsing a felon for office, though passively.

The editor has closed comments for this article.
 
 
 
 

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