Detroit Councilman Andre Spivey to be arraigned on federal bribery charge

The Detroit News

Detroit — East side councilman Andre Spivey is expected to be arraigned Tuesday in federal court on one count of conspiracy to commit bribery over claims he accepted more than $35,000 to be "influenced and rewarded" for votes.

Spivey was charged last week in a criminal information, waiving his right to a grand jury. Federal authorities contend Spivey and another unnamed official, identified in filings as "Public Official A," accepted the funds in exchange for votes on the Detroit City Council and in subcommittees from 2016 to 2020. 

The document, filed last Wednesday in the U.S. District Court's Eastern District, notes the findings are "concerning an industry under review by the council."

Andre Spivey

Spivey is accused of accepting a $1,000 cash bribe payment from an undercover law enforcement agent on Oct. 26, 2018. 

A news advisory from the federal court in Detroit notes Spivey will appear at 1 p.m. Tuesday before a magistrate judge on the criminal information. A plea hearing will be set for a later date before a U.S. district judge. 

The criminal information specifically notes Detroit received more than $10,000 in federal assistance during each year of the alleged conspiracy, with no other context given. The charge of theft or bribery concerning programs receiving federal funds carries a penalty of returning the funds and imprisonment of not more than five years, or both.

Spivey's Detroit-based attorney, Elliott Hall, has said Spivey "did nothing in his official capacity as a city councilperson that they're claiming."

Hall later noted Spivey was "only being charged with the $1,000, but that he and Public Official A collected together over $35,000." 

Spivey, Hall added, has been "fully cooperating with the federal authorities for over a year."

"At no time has he been combative or elusive," Hall said last week. "Mr. Spivey has a great deal of faith in the justice system and is hoping to have this issue resolved very soon."

After being charged, Spivey did not resign his seat on the council, although Hall has said that federal authorities "might require him to." 

Spivey is among a handful of council members who announced earlier this year they would not be seeking another four-year term in this year's election. President Brenda Jones and member Raquel Castañeda-López also aren't seeking reelection in Tuesday's primary. 

Jones, in a statement last week, said she was "saddened" by the news of Spivey's indictment and offered her prayers and support to the councilman and his family. 

"Although this issue is very serious, Detroit City Council will continue to stay focused and do the work of the people of this great city."

Spivey is the second Detroit councilman this term accused of accepting bribes in favor of votes at the council table. This spring, indicted City Councilman Gabe Leland resigned after pleading guilty to a state charge of misconduct in office.

Spivey was first elected citywide in 2009. He was subsequently elected to represent the council's District 4 in 2013 and 2017. He lives in the district's historic East English Village.