Brian Davis: Fraud?
Last Thursday, attorney William F. Trezevant filed a letter with Buffalo’s City Clerk, addressed to Common Council President David Franczyk. In the letter, Trezevant formally requested that Franczyk open an investigation into Ellicott District Councilmember Brian Davis. I’ll paste the whole letter at the end, but here’s the gist: Davis’s check-bouncing may be more than just an isolated incident; he may have used his position as a member of Council to intimidate those with whom he cashed bad checks; and he may have inappropriately steered loans and grants toward One Sunset, the restaurant at the center of Davis’s very public bad check scandal.
For all the reasons, he says, Franczyk should conduct an investigation. For good measure, Trezevant tells Franczyk that the Council ought to investigate the Syaed Ali situation, too.
Now, Davis is likely to dismiss Trezevant’s letter as the work of a political opponent—just as he tried to dismiss allegations by Lower West Side deli owners that he had bounced checks in their stores as rumors spread by political opponents.
In any case, it should make for an interesting Common Council meeting on Tuesday.
The letter:
Honorable David A. Franczyk
President of the Common Council
City of Buffalo
1315 City Hall
65 Niagara Square
Buffalo, New York 14202March 5, 2009
Dear Councilman Franczyk:
On behalf of a number of Buffalo residents, I am writing to request that the Common Council conduct formal hearings regarding certain matters which are described below. These matters involve allegations of misconduct elected and appointed city officials, and as such any investigation of these matters properly rests with the Common Council.
First, as you may be aware, there have been a series of published reports regarding the private financial dealings of Councilman Davis. While this is not normally an item that would lend itself to a Common Council hearing, there are additional facts regarding Mr. Davis, that if true, represents abuse of his official capacity.
In this regard, there have been published reports in the local media, (i.e. Artvoice) that Mr. Davis’s activity of passing bad checks to local businesses is not a singularly isolated event involving the restaurant formerly know as One Sunset.
Rather, there have been allegations made and independently confirmed that Mr. Davis has repeatedly engaged in a systematic pattern of bouncing checks at neighborhood corner stores. When store owners sought to recoup the monies they had provided to Mr. Davis, these store owners were threatened with the closing of either their businesses or those of their relatives. When threatened in this manner, the store owners chose to abandon their collection efforts.
The point here is clear. These allegations, if true, constitute a criminal offense. Moreover, the pattern of criminal activity combined with the threat to use his elected position to single out and punish his victims is an outrageous abuse of public office. Normally these criminal matters would be investigated by the Buffalo Police Department, but in this case, Mr. Davis sits as the Chair of the Buffalo Police Oversight Committee. As a result, none of these allegations have been investigated by anyone except the media which has been able to confirm the allegations. I am requesting that the Council perform an investigation of these issues.
Second, there have been allegations made that Mr. Davis has used public monies for his private enterprises. To wit, there has been a particularly disturbing assertion that CBDG monies which were designated for the Ellicott District were instead directed to the One Sunset business. In addition, there is an allegation that BERC monies were also used to assist the One Sunset business, monies that were redirected from other projects.
There is no way to independently ascertain the truth or falsity of these allegations. Thus, I am requesting that the Council perform an investigation of these issues as well.
Third, as you may know, on November 7, 2008, members of the Buffalo Police Department searched the home of Syaed Ali at his Breckenridge address. Pursuant to this search, a number of his belongings were confiscated. Subsequent to this search, Buffalo Police Officers questioned Mr. Ali regarding his connection local elected officials, including City of Buffalo Council Members. It has now been approximately 16 ½ weeks and his property has not been returned, nor have any formal charges been filed against Mr. Ali. What is particularly troubling is the role of the Buffalo Police Department in this matter.
Under normal circumstances, the Chair of the Buffalo Police Oversight Committee would be charged with conducting just such an investigation. However, there has been no such hearing inasmuch as Mr. Davis is the Chair of the Committee and is apparently embroiled in his own issues which may or may not be the subject of a Buffalo Police investigation itself.
As a result, the important work of the Common Council regarding serious issues has gone wanting. There is a distinct and palatable disdain and mistrust with open discussions of a coordinated cover-up of these issues. The Common Council is the only body with the ability to investigate these matters and I hereby request that the Common Council do so. In addition, I request that the Common Council remove Mr. Davis as the Chair of the Buffalo Police Oversight Committee given the obvious conflict of interest.
Should you have any questions or concerns, please feel free to contact me at your convenience.
Very truly yours,
William F. Trezevant, Esq.
Cc: City Clerk
Common Council
Potentially related posts (automatically generated):
I thought we should add this letter too.
Bill
Hon. Frank A. Sedita, III
District Attorney
Office of the Erie County District Attorney
25 Delaware Avenue
Buffalo, New York 14202
March 6, 2009
Dear Mr. Sedita:
On behalf of a number of Buffalo residents, I am writing to request that your office investigate certain matters which are described below. These matters involve allegations of misconduct by elected and appointed city officials.
First, as you may be aware, there have been a series of published reports regarding the private financial dealings of Councilman Davis. While this is not normally an item that would lend itself to a criminal investigations, there are additional facts regarding Mr. Davis, that if true, represents abuse of his official capacity.
In this regard, there have been published reports in the local media, (i.e. Artvoice) that Mr. Davis’s activity of passing bad checks to local businesses is not a singularly isolated event involving the restaurant formerly know as One Sunset.
Rather, there have been allegations made and independently confirmed that Mr. Davis has repeatedly engaged in a systematic pattern of bouncing checks at neighborhood corner stores. When store owners sought to recoup the monies they had provided to Mr. Davis, these store owners were threatened with the closing of either their businesses or those of their relatives. When threatened in this manner, the store owners chose to abandon their collection efforts.
These allegations, if true, would constitute a criminal offense. Moreover, the pattern of criminal activity combined with the threat to use his elected position to single out and punish his victims is an outrageous abuse of public office. Normally these criminal matters would be investigated by the Buffalo Police Department, but in this case, Mr. Davis sits as the Chair of the Buffalo Police Oversight Committee. As a result, none of these allegations have been investigated by anyone except the media which has been able to confirm the allegations. I am requesting that your office perform just such an investigation.
Second, there have been allegations made that Mr. Davis has used public monies for his private enterprises. To wit, there has been a particularly disturbing assertion that CBDG monies which were designated for the Ellicott District were instead directed to the One Sunset business. In addition, there is an allegation that BERC monies were also used to assist the One Sunset business, monies that were redirected from other projects. There is no way to independently ascertain the truth or falsity of these allegations. Thus, I am requesting that your office perform an investigation of these issues as well.
Third, as you may know, on November 7, 2008, members of the Buffalo Police Department searched the home of Syaed Ali at his Breckenridge address. Pursuant to this search, a number of his belongings were confiscated. Subsequent to this search, Buffalo Police Officers questioned Mr. Ali regarding his connection to local elected officials, including City of Buffalo Council Members. It has now been approximately 16 ½ weeks and his property has not been returned, nor have any formal charges been filed against Mr. Ali.
While I am aware that Mr. Ali is represented by Counsel, there is a larger issue at hand. What are the rights of the residents of the City of Buffalo or even Erie County if local law enforcement is used in retaliation for political activity or free speech?
What is particularly troubling is the role of the Buffalo Police Department in this matter. Under normal circumstances, the Chair of the Buffalo Police Oversight Committee would be charged with conducting just such an investigation. However, there has been no such hearing inasmuch as Mr. Davis is the Chair of the Committee and is apparently embroiled in his own issues which may or may not be the subject of a Buffalo Police investigation itself.
As a result, these issues have not been investigated, community members and business interests are deeply concerned and there is a distinct and palatable mistrust evident with open discussions of a coordinated cover-up of these issues.
Your office has gone on record that misconduct by public officials will not be tolerated. You office is uniquely situated to investigate these matters and I hereby request that you do so.
Should you have any questions or concerns, please feel free to contact me at your convenience.
Very truly yours,
William F. Trezevant, Esq.
Cc: Unnamed Members
of the Community
Comment by Bill Trezevant — March 11, 2009 @ 8:01 pm
It’s time for the Council and DA to step up in this matter and probe these allegations. Public trust depends on the honesty and integrity of our elected officials to protect our interests against the actions of corrupt public officials. Both the Davis and Ali matters should be as transparent as our City Hall leaders would have us believe they are. Look at a CitiStat segment and see a city worker get raked over the coals and hung out to dry for the smallest infraction, but they must head off the the bowels of the Hall whenever questions are turned towards them.
Thank you ArtVoice for your attention to these matters- Now the Buffalo News should take Meyer off the story and give it to a reporter who is not beholden to the current administration. Maybe then we’d get to the truth!
Comment by Rasputin — March 11, 2009 @ 10:36 pm
03/18/09 01:08 PM
Council threatens subpoenas for development agency data
By Brian Meyer
News Staff Reporter
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- Development agencies controlled by Mayor Byron W. Brown will be slapped with subpoenas in six days if they continue to ignore Common Council requests for key data, lawmakers are warning.
In a rare move, the Council voted 8-1 Tuesday to subpoena the agencies for personnel data, lending activity and an inventory of properties if the information isn’t released within a week.
Lawmakers have been seeking the information since Feb. 9 as part of their review of plans to spend millions of dollars in anti-poverty funds. Delaware Council Member Michael J. LoCurto said multiple requests have been ignored.
“Congress had an easier time getting those tapes from Nixon than we’ve had trying to get this information,” said LoCurto, referring to disclosure battles that erupted during the Watergate era.
The Council’s request includes salary data, cell phone and Blackberry expenses and other costs incurred by city development agencies.
Some lawmakers have long complained that the Buffalo Economic Renaissance Corp., Buffalo Urban Renewal Agency and Buffalo Neighborhood Revitalization Corp. operate as “shadow governments.” Critics claim the agencies often spend money with little or no accountability and have bloated payrolls.
LoCurto sponsored the bill calling on city attorneys to prepare subpoenas if the information isn’t filed by next Tuesday. He said this isn’t the first time the administration has dragged its feet over requests to supply information.
Peter K. Cutler, Brown’s communications director, said the administration has no “immediate comment” on the Council’s subpoena threat.
Even three of the mayor’s Council allies supported the resolution calling for subpoenas if the information isn’t released soon. They are Joseph Golombek of North, Bonnie E. Russell of University and Demone A. Smith of Masten. The only lawmaker who opposed it was Brian C. Davis of Ellicott.
LoCurto said he’s not surprised his action won support from dueling political factions.
“I think there’s a growing sense of frustration on the Council when it comes to getting information from the administration,” he said. “This is an administration that doesn’t let information flow freely.”
City Hall veterans said they can’t recall any situation in the last few decades when the Council has had to used its subpoena powers to obtain data from a city administration.
bmeyer@buffnews.com
Comment by Mr.Justice — March 18, 2009 @ 1:59 pm
The only lawmaker who opposed it was Brian C. Davis of Ellicott!
Now why is that? Is it because Davis’ fingers are all over it? Is the mayor’s? Does a money trail get exposed? Sure, Davis can be the lone hold out in subpoenaing BURA and BERC records through the Mayor’s Office, but does that bite that hand that he wants to feed him? Maybe he’s casting bread upon the water, maybe he’s trying not to ruffle Brown’s feathers.
Whatever it is, it smacks of rotten politics and serves no useful purpose. Unfortunately Mr Franczyk’s statement that he is concerned about thew image of the Council falls on deaf ears- and I say, get off your dupa guy and start looking further into these matters! You’ll only kick yourself later because you took so darn long!
Comment by Rasputin — March 18, 2009 @ 7:23 pm
http://newwnypolitics.net/index.php?option=com_content&view=article&id=219:did-davis-send-100000-in-block-grant–to-one-sunset&catid=1
Did Davis Send $100,000 In Block Grant $$ To One Sunset?
Written by Glenn Gramigna, Editor
DAVIS INVESTIGATION EXPANDING TO INCLUDE ALLEGATIONS OF MISUSE OF BERC, CDBG FUNDS…SOURCE CONTENDS THIS IS REASON BROWN ADMINISTRATION WON’T RELEASE SUBPOENED RECORDS TO COUNCIL…FONTANA ON SUBPOENAS
Multiple sources are reporting to NewWNYPolitics that the investigation of the activities of Ellicott District Common Council Member Brian Davis, which started with reports that Davis bounced a single bad check, has been widened to include much more far reaching issues. Specifically, several highly reliable sources are telling us that there is a connection between the ongoing Davis controversy and the apparent decision of the Brown Administration to withhold information related to economic development funds dispersed by city agencies from the Common Council, even in the face of an 8-1 vote on the part of the CC to subpoena these documents.
While three usual Brown allies voted in favor of the subpoena, the one Councilman who didn’t was…Brian Davis.
“No wonder they don’t want to release this material,” our source declares. “The fact is that they’ve got a lot to hide in terms of what they’ve been doing with this money. In one case that I know about, $20,000 in Community Development Block Grant money was funneled to the CAO in Davis’ district where the Councilman is the CAO Chairman. At that point, Davis sent the money…guess where… directly to the owner of the One Sunset Place establishment to which he’s been linked, a clear case of a Councilman using this money to reward a business associate and political supporter. Not only that, but One Sunset isn’t even in his district!”
In another case, our much respected source reports that City Hall officials at the highest level intervened
to make sure that One Sunset Place benefitted from a very large Buffalo Economic Renaissance Corporation loan.
“There was yet another situation in which this same gentleman who runs One Sunset Place was up for an $80,000 BERC loan,” he or she adds. “When it didn’t look like he was going to get it, reportedly, an official at the highest level of the Brown Administration intervened personally, along with Davis to make sure he did get it, and without going through the lengthy application and screening process that most people would have to go through to have access to these funds…Between these two cases, we are talking about $100,000, and really, from what I’ve heard, that is just the tip of the iceberg. Clearly, there are more revelations to come.”
Is this the reason why the Common Council, this week, had to try to force the current administration to give up economic development loan data by issuing a subpoena, information which, as Councilman Rich Fontana told us recently, is normally made public by Mayors as a matter of course.
“Every other administrations has willingly given the Common Council this information about how these funds are being spent routinely going back decades,” he said. “This is data to which we have a right to according to the City Charter. We have a right to know exactly how city funds are being spent so we can legislate and make decisions accordingly. If the Brown Administration continues to refuse to make it available, then certainly taking them to court is one option we would have to consider.
Comment by mr.justice — March 20, 2009 @ 1:04 pm
Brian davis is as currupt an official as they come, all those allegations are true,he’s used his political position and his political friends to extort business owners for his own monetary gain.we all remember big shots, well they had a city licensing issue which threatened to close them down Brian said he would take care of it for $20,000. he’s used city officials and police officers to threaten harrass and intimidate any business that he choose to target.These people should be investigated as well. here they are , Chief Donna Berry b-district(i heard the two of them are defendants in a lawsuit brought by a business owner for just such conduct), Richard Tobe,and Brian Davis best friend Pat Sol(Head of licensing). Lets see councilman, police chief, head of economic development and the head of licensing those individuals are the ones who decide rather or not a business get there license, retains there license and they also revoke there licensing with those people in bed together its not much a business owner can do. If you dont do what Brian Davis wants ,he has all the people in place to close your business ,Thats criminal.
Comment by billy styles — March 20, 2009 @ 3:41 pm