Brian Banks (Michigan Politician)
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Brian Roderick Banks (born November 15, 1976) is an American politician who served as a member of the
Michigan House of Representatives The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2010 ...
from 2013 to 2017. Banks was a candidate for the 2nd District of the
Michigan Senate The Michigan Senate is the upper house of the Michigan Legislature. Along with the Michigan House of Representatives, it composes the state legislature, which has powers, roles and duties defined by Article IV of the Michigan Constitution, ado ...
in 2018. He has been convicted of eight
felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
related to writing
bad check Dishonoured cheques (also spelled check) are cheques that a bank on which is drawn declines to pay (“honour”). There are a number of reasons why a bank would refuse to honour a cheque, with non-sufficient funds (NSF) being the most common one ...
s and
credit card fraud Credit card fraud is an inclusive term for fraud committed using a payment card, such as a credit card or debit card. The purpose may be to obtain goods or services or to make payment to another account, which is controlled by a criminal. The P ...
.


Education

A high school dropout, Banks later received his GED. Banks earned a Bachelor of Science degree and
Master of Education The Master of Education (MEd or M.Ed. or Ed.M.; Latin ''Magister Educationis'' or ''Educationis Magister'') is a master's degree awarded by universities in many countries. This degree in education often includes the following majors: curriculum a ...
from
Wayne State University Wayne State University (WSU) is a public research university in Detroit, Michigan. It is Michigan's third-largest university. Founded in 1868, Wayne State consists of 13 schools and colleges offering approximately 350 programs to nearly 25,000 ...
, followed by a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from the
Michigan State University College of Law The Michigan State University College of Law (Michigan State Law or MSU Law) is the law school of Michigan State University, a public research university in East Lansing, Michigan. Established in 1891 as the Detroit College of Law, it was the fi ...
.


Career


Early career

During his early career, Banks has falsely claimed to be an attorney. The
State Bar of Michigan The State Bar of Michigan is the governing body for lawyers in the State of Michigan. Membership is mandatory for attorneys who practice law in Michigan. The organization's mission is to aid in promoting improvements in the administration of jus ...
has no record of Banks ever being licensed to practice law in Michigan. Banks's campaign website previously stated that he was on staff at the law firm Rodnick, Unger and Kaner, P.C. and was an adjunct professor at
Baker College Baker College is a private college with its main campus in Owosso, Michigan. It was founded in 1911 and has additional campuses throughout the Lower Peninsula of Michigan. The college has been accused of predatory practices. In 2022, a ProP ...
. An employee at Rodnick, Unger and Kaner, P.C. told the ''
Huffington Post ''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
'' that while Banks briefly worked at the firm as a law clerk, he left after only a few months. Banks has also claimed to be an elementary school teacher and his biography on the Michigan House Democrats website listed him as a former elementary school teacher. The
Michigan Department of Education The Michigan Department of Education (MDE) is a state agency of Michigan, in the United States. The MDE oversees public school districts in the state. The department is governed by the State Board of Education. The State Board of Education was fi ...
Online Educator Certification System states that Banks has never held an Educator Certification.


Michigan House of Representatives

Despite a number of controversies, Banks defeated Scott Benson by 96 votes to win the 2012 Democratic primary for the 1st district of the
Michigan House of Representatives The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2010 ...
. During the 2012 general election, the Grosse Pointe Democrats refused to endorse Banks. Although only receiving 42% of the vote in the 2014 primary, Banks was re-elected. During the August 2016 primary election, Banks defended a challenge for his seat by Harper Woods attorney Pamela Sossi. Despite Banks's significant fundraising advantage, Sossi led the race throughout the night until last minute votes were reported, giving Banks a narrow victory. Sossi swept the suburbs, winning
Harper Woods Harper Woods is a city in Wayne County in the U.S. state of Michigan. The city had a population of 15,492 at the 2020 census. Harper Woods is a northeastern suburb of Metro Detroit and shares its southern and western border with the city of Det ...
,
Grosse Pointe Woods Grosse Pointe Woods is a city in Wayne County in the U.S. state of Michigan. The population was 16,135 at the 2010 census. The city is a northeastern suburb of Metro Detroit and shares a small southern border with the city of Detroit. It is ...
and
Grosse Pointe Shores Grosse Pointe Shores is a city in Macomb and Wayne County in the U.S. state of Michigan. The population was 3,008 at the 2010 census. Grosse Pointe Shores was incorporated as a village in 1911 and was part of Grosse Pointe Township in Wayne C ...
, while Banks won
Detroit Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
. According to the
Detroit Free Press The ''Detroit Free Press'' is the largest daily newspaper in Detroit, Michigan, US. The Sunday edition is titled the ''Sunday Free Press''. It is sometimes referred to as the Freep (reflected in the paper's web address, www.freep.com). It primari ...
, the 1st House District primary election was the most competitive election in Wayne County. As the chair of the Detroit Caucus, Banks was able to enlist the help of Detroit Mayor
Mike Duggan Michael Edward Duggan (born July 15, 1958) is an American lawyer, businessman, and politician serving as the 75th mayor of Detroit, Michigan since 2014. A member of the Democratic Party, Duggan previously served as the Wayne County Prosecutor ...
, other lawmakers and interest groups in Lansing to raise $140,545, second most of all candidates facing Primary challengers. Records show that Banks major financial backers included Republican "Matty" Moroun (owner of the Detroit International Bridge Co.), State Rep. Andy Schor,
Reynolds American Reynolds American, Inc. is an American tobacco company which is a subsidiary of British American Tobacco and is the second-largest tobacco company in the United States. Its holdings include R. J. Reynolds Tobacco Company, American Snuff Company ( ...
, Rizzo Environmental Services and Gaspar Fiore. Rizzo Environmental and Fiore would later be ensnared in a public corruption investigation by the FBI. During the November 8 general election, Banks received 66 percent of the vote over engineer William Broman, his Republican challenger.


Resignation

On February 6, 2017, just 26 days into his third term in the
Michigan House of Representatives The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2010 ...
, Banks resigned his seat to avoid prison time. Banks's resignation letter, submitted to House Speaker Tom Leonard, was effective immediately. In a statement, Speaker Leonard said, “Rep. Banks had one legal issue after another during his time in public office. I am glad to see he is finally taking responsibility for his actions, and hopefully today's plea agreement provides the fresh start he needs." By 9 am, February 8, 2017, Banks was sending e-mails to supporters inviting them to a March 6 fundraiser for his PAC, Bank on Banks for Michigan, leading to speculation that he would be running for future office, or financially backing his chosen successor. The fundraiser was held at Sinbad's restaurant in Detroit, and advertised tickets starting at $50 and topping out at $5,000 for a platinum sponsorship. On February 16, 2017, Governor
Rick Snyder Richard Dale Snyder (born August 19, 1958) is an American business executive, venture capitalist, attorney, accountant, and politician who served as the 48th governor of Michigan from 2011 to 2019. A member of the Republican Party, Snyder previ ...
called a special election to fill the vacancy left by Banks's resignation. Both the Governor and the Secretary of State's office ruled that Banks was not eligible to run for his own seat, ending speculation that he might do so. Additionally, Representative Aaron Miller filed HB 4208 to ensure that expelled or resigned former members could not run in the special election called because of the vacancy they caused.


2018 Michigan Senate election

In August 2017, Banks filed candidate paperwork to run for the Michigan State Senate 2nd District seat in anticipation of a resignation by Bert Johnson, who has been federally indicted for corruption. According to the invitation obtained by the
Detroit News ''The Detroit News'' is one of the two major newspapers in the U.S. city of Detroit, Michigan. The paper began in 1873, when it rented space in the rival ''Detroit Free Press'' building. ''The News'' absorbed the ''Detroit Tribune'' on Februar ...
, Banks kicked off his campaign with a November 13 fundraiser at the American Serbian Hall in Detroit. Suggested contributions ranged from $41 for a ticket to $2,000 for a sponsor-level donor. Banks's attempt to return to the Michigan Legislature failed. In the August 7, 2018, election, Banks lost to first-time candidates
Adam Hollier Adam Hollier is the director of the Michigan Veterans Affairs Agency and was appointed by Gov. Gretchen Whitmer. Hollier served in the Michigan Senate, representing the 2nd Senate district, serving Wayne County including Detroit, the Grosse Poin ...
of Detroit (25.1%) and
Abraham Aiyash Abraham Aiyash is an American politician serving as a member of the Michigan House of Representatives from the 4th district. The district covers much of Detroit's Midtown, New Center, North End, Boston Edison, Virginia Park, and all of the c ...
of Hamtramck (20.9%).


2022 Wayne County Commission election

In 2022 Banks ran in the August Democratic primary to represent District 1 on the
Wayne County Commission The Wayne County Commission is the legislative body for Wayne County, Michigan. It is made up of 15 commissioners elected by district every two years. Wayne County, which includes the City of Detroit, is the most populous county in Michigan with 1 ...
, listing his address as a
post office box A post office box (commonly abbreviated as P.O. box, or also known as a postal box) is a uniquely addressable lockable box located on the premises of a post office. In some regions, particularly in Africa, there is no door to door delivery ...
in Grosse Pointe. Incumbent Commissioner Tim Killeen defeated Banks in the primary election by 61.6% to 38.1%.


Business

In 2019 Banks pitched his consulting services to the
Detroit Public Schools Community District Detroit Public Schools Community District (DPSCD) is a school district that covers all of the city of Detroit, Michigan, United States and high school students in the insular city of Highland Park. The district, which replaced the original Detr ...
(DPSCD) and Promise Schools, a company running a K-8 school for the
School District of the City of Highland Park Highland Park Schools, officially the School District of the City of Highland Park, is a school district headquartered in Highland Park, Michigan, Highland Park, Michigan, United States in Greater Detroit. After being contacted by a concerned citizen about the hire, Highland Park School Board member Eban Morales told Fox 2 Detroit: "I contacted Promise Schools and I said to them, like, 'How did he come about?' And the head person there said: 'Alexis Ramsey strongly suggested on more than one occasion that we needed to hire him.' And I'm like: 'Do you know his history?' And they're like, 'Yeah, well, she said that we should hire him and that he was the best person for the job.'" Unlike Promise Schools, DPSCD officials asked Banks to submit a bid for the work he proposed. During negotiations, Banks's bid was the lowest bid received by the District. However, according to Assistant Superintendent Chrystal Wilson, when “the District proceeded to its contract due diligence phase...more detailed information regarding Mr. Banks's background was realized that made it untenable for the district to move forward with a formal contract. Since that time, the District has not engaged in business with Mr. Banks and at this point does not intend to.”


Criminal and civil history

Since 1998 Banks has been convicted of eight felonies for writing
bad check Dishonoured cheques (also spelled check) are cheques that a bank on which is drawn declines to pay (“honour”). There are a number of reasons why a bank would refuse to honour a cheque, with non-sufficient funds (NSF) being the most common one ...
s and
credit card fraud Credit card fraud is an inclusive term for fraud committed using a payment card, such as a credit card or debit card. The purpose may be to obtain goods or services or to make payment to another account, which is controlled by a criminal. The P ...
, and one misdemeanor.


Civil judgements

Since his first election, Banks has civil judgements against him in the amount of $47,809.84. He has been evicted a total of seven times in recent years, including two eviction proceedings filed against him in 2016. During the 2012 election, Banks refused to pay Sawicki & Sons, the company that made his campaign signs. During the 2012 primary election, Banks was evicted from a home in
Harper Woods Harper Woods is a city in Wayne County in the U.S. state of Michigan. The city had a population of 15,492 at the 2020 census. Harper Woods is a northeastern suburb of Metro Detroit and shares its southern and western border with the city of Det ...
at 19239 Berden by landlord Michele Wood, who took him to court three times for writing bad checks and not paying rent. After the 2012 general election, Banks was evicted from his Harper Woods home at 20927 Fleetwood when he bounced two checks to landlord Dan Sylvester.


Sexual harassment

In 2013 Banks was sued for sexual harassment by his Legislative Aide, Mr. Tramaine Cotton. According to Tim Bowlin, director of the House Business Office, the state paid $85,622 to the
Dickinson Wright Dickinson Wright PLLC is a law firm based in Detroit, Michigan. With over 475 lawyers across more than 40 practices and industries, Dickinson Wright serves clients from nineteen offices, six of which are in Michigan. According to the National Law ...
law firm to defend Banks against the charges of sexual harassment. The lawsuit was later settled for $11,950.


Fraud

On June 28, 2016, Banks was charged with three new felonies and one misdemeanor by
Michigan Attorney General The Attorney General of the State of Michigan is the fourth-ranking official in the U.S. state of Michigan. The officeholder is elected statewide in the November general election alongside the governor, lieutenant governor, secretary of state, me ...
Bill Schuette William Duncan Schuette ( ; born October 13, 1953) is an American lawyer and politician who served as the 53rd attorney general of Michigan from 2011 to 2019. He was the unsuccessful Republican nominee for Senate in 1990 and for Governor of Mich ...
over documents he falsified, to obtain a personal loan in June 2010. In a press release, the Attorney General's office said the felony charges against Banks stemmed from his use of falsified pay stubs in an application for a $7,500 loan. The news release stated that Banks claimed to work for IHI Attorneys and Consultants of Farmington, but investigators learned he had never worked there, and the paychecks “originated with a payroll company the firm never used.” Because of his previous felony convictions, Banks was charged as a habitual offender and could have faced life in prison if convicted of the new felonies. In August 2016 Banks was bound over to Wayne County Circuit Court for trial on all charges by District Court Judge Deborah Langston. Banks was formally arraigned in Circuit Court on August 23. On February 6, 2017, Banks pleaded guilty to a misdemeanor charge of filing false financial statements, a charge that carried a penalty of up to a year in prison. As part of a plea deal Banks reached with the Michigan Attorney General's office, the remaining felony charges he was facing were dropped. Sentencing on the plea deal was set for 9 a.m. on February 17, 2017. Banks was sentenced to time served. He previously spent one day in jail. In a statement following Banks's sentencing, Michigan Attorney General Bill Schuette stated, "Former Rep. Banks pleaded guilty, admitting he did indeed commit the crime for which he was sentenced. I am pleased to see this case come to a close and that the residents of his district have the chance to get an honest, hardworking and law-abiding representative."


Mail fraud

In July 2016 Kevin Trayer, the
Postmaster A postmaster is the head of an individual post office, responsible for all postal activities in a specific post office. When a postmaster is responsible for an entire mail distribution organization (usually sponsored by a national government), ...
of the Richland Post Office, investigated Banks for mail fraud, concerning mail pieces that listed defunct Political Action Committees (PACs) in the required political disclaimer. The pieces attacked Banks's Primary opponent Pamela Sossi and echoed claims Banks had made while knocking doors. The former legislators tied to the dissolved PACs had no ties to Banks and denied allowing him to use the PACs for any purpose.


Violation of Michigan Campaign Finance Act

On September 15, 2016,
Michigan Secretary of State The Michigan Department of State is administered by the Secretary of State, who is elected on a partisan ballot for a term of four years in gubernatorial elections. The Secretary of State is the third-highest official in the State of Michigan. A ...
Ruth Johnson Ruth Johnson (born January 8, 1955) is an American politician who served as the Secretary of State of Michigan and is a current member of the Michigan Senate for State Senate District 14. She is a former member of the Michigan House of Represe ...
ruled that Banks used House funds or resources to mail invitations to an event advocating for his re-election, a violation of section 57 of the Michigan Campaign Finance Act. As a result, Banks was required to personally reimburse the
Michigan House of Representatives The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2010 ...
for the materials and labor misused. In December 2016 Banks filed a motion to have
Michigan Attorney General The Attorney General of the State of Michigan is the fourth-ranking official in the U.S. state of Michigan. The officeholder is elected statewide in the November general election alongside the governor, lieutenant governor, secretary of state, me ...
Bill Schuette William Duncan Schuette ( ; born October 13, 1953) is an American lawyer and politician who served as the 53rd attorney general of Michigan from 2011 to 2019. He was the unsuccessful Republican nominee for Senate in 1990 and for Governor of Mich ...
's office disqualified from the case, again claiming that the charges brought against him were politically motivated collusion between Pamela Sossi and the Attorney General, timed to ensure Banks lost his bid for re-election. Wayne County Circuit Judge Michael Hathaway dismissed Banks motion, ruling that the key question was not why Banks may have been charged, but whether he committed the crimes alleged in the charges. In February 2017 Banks reached a plea agreement with the Attorney General's office in which all felony counts against were dropped in exchange for his immediate resignation from the
Michigan House of Representatives The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2010 ...
and pleading guilty to one misdemeanor. Banks announced his formal resignation in Wayne County Circuit Court on February 6, 2017.


FBI corruption and bribery investigation

In December 2017 the ''
Detroit Free Press The ''Detroit Free Press'' is the largest daily newspaper in Detroit, Michigan, US. The Sunday edition is titled the ''Sunday Free Press''. It is sometimes referred to as the Freep (reflected in the paper's web address, www.freep.com). It primari ...
'' obtained FBI wiretap transcripts that were unsealed in U.S. District Court. The investigation is linked to a corruption case against Gasper Fiore, the owner of Boulevard & Trumbull Towing, a large City of Detroit contractor. In December 2017 Fiore entered into a plea agreement with the U.S. Attorney's Office, in which he agreed to plead guilty to conspiracy to commit federal program bribery. According to court documents, the government had probable cause that Fiore and 17 other targets were involved in several crimes, including: extortion, wire fraud, bribery and conspiracy to distribute marijuana. Fiore was so politically connected that in 2016 his daughter helped write an amendment to the
Michigan Department of Transportation The Michigan Department of Transportation (MDOT) is a constitutional government principal department of the US state of Michigan. The primary purpose of MDOT is to maintain the Michigan State Trunkline Highway System which includes all Interstate ...
(MDOT) budget that ensured his company would win a multimillion-dollar contract, federal documents show. Along the way, Fiore appeared to have gotten help from Banks. "Fiore is involved in bid-rigging with legislator Banks," Special FBI Agent Robert Beeckman wrote in 2016 affidavit, which included intercepted text messages and phone calls between Fiore and Banks. According to the affidavit, in a May 5, 2016, phone conversation, Fiore and Banks spoke about the MDOT contract when Banks mentioned Fiore's political "might." "MDOT said you have a mighty force behind you ... They said: 'We don't want to mess with that force,' " Banks said. Fiore responded: "Mmmmmm yeah. Does that mean, So what they doing with the deal then?" Banks: "So, you good so far. You hear me." On May 26, a phone call between Gasper Fiore and Banks again discussed the MDOT contract. "MDOT said you have a mighty force behind you," Banks stated. Fiore laughed in response. "They said you – 'We, we don't want to mess with that force behind you.'" Later in the conversation, Banks again reassures Fiore: "You know with the MDOT, you good." The conversation between Banks and Fiore was among many that the government obtained after bugging Fiore's phone.


Electoral history


See also

*
Michigan House of Representatives The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2010 ...
*
Michigan Democratic Party The Michigan Democratic Party is the affiliate of the Democratic Party in the state of Michigan. It is based in Lansing. Lavora Barnes is the party's current chair. She was previously the party's Chief Operating Officer. The party currently con ...


External links


Campaign FinanceVoting Records


References

{{DEFAULTSORT:Banks, Brian 1976 births Living people 21st-century American politicians Politicians from Detroit African-American state legislators in Michigan Democratic Party members of the Michigan House of Representatives Michigan politicians convicted of crimes Wayne State University alumni Michigan State University College of Law alumni American campaign managers American political consultants 21st-century African-American politicians 20th-century African-American politicians 20th-century American politicians