State investigators claim MEDC lawyer ‘acted to conceal evidence’
By Craig Mauger and Beth LeBlanc, The Detroit News
The chief general counsel for the Michigan Economic Development Corp. tried to conceal evidence as investigators executed search warrants on the organization earlier this month, two agents of the Attorney General’s office alleged in signed affidavits.
The agents’ sworn statements said that veteran MEDC attorney Linda Asciutto “directly intended to prevent investigators from accessing evidence” when employees of Attorney General Dana Nessel raided the MEDC office in downtown Lansing on June 18.
The records, along with a transcript of the conversation that occurred during the search, revealed Asciutto said Matthew Payok, an assistant attorney general working on the case, “and the AG’s office will pay for this” and that it would be “the last time I cooperate with the AG on a thing.” In addition, the MEDC attorney told investigators she would be filing “a complaint as an attorney.”
“What are you gonna do, arrest me?” Asciutto also asked investigators, at one point, after they told her she couldn’t return to her office, according to the transcript.
The raid was part of an ongoing probe into a $20 million grant awarded to the nonprofit of Fay Beydoun, a prominent Oakland County businesswoman and Democratic donor.
“Given Asciutto’s reluctance to open her office to a search plus … the fact that she clearly had relevant material open and in use in her office for the exact subject of the search warrant, my conclusion is that Asciutto acted to conceal evidence,” special agent Kyle Kolka wrote in a June 24 affidavit that was submitted as part of a legal battle over the search warrants.
Special agent Steve Morse signed his own affidavit on June 24, saying Asciutto told investigators they had been given everything in the office related to Beydoun, “when in fact more related documents were sitting on her desk and clearly in use.”
Asciutto’s alleged actions raised questions about the MEDC’s handling of the attorney general’s probe into the use of state tax dollars and about whether a key employee complied with a law that makes it illegal to “knowingly and intentionally” conceal evidence.
Asciutto, who has been a licensed attorney in Michigan for 37 years and has worked at the MEDC since 2008, didn’t respond to a request for comment from The Detroit News.
According to the transcript from the raid, Asciutto argued that her records were protected by attorney-client privilege, a standard that specifically protects confidential communications between a client and their legal adviser.
“Everything in here is privileged, and I’m working on everything,” Asciutto said about her office, according to the transcript. “I’m an attorney. Everything I’m working on is privilege (sic). Everything.”
Otie McKinley, a spokesman for the MEDC, declined to comment.
The MEDC is a quasi-governmental agency with a portion of its economic development efforts funded by tax dollars and a portion of its money coming from private sources. However, the organization is managed by an executive committee appointed by the governor.
Asked about the affidavits’ allegations about Asciutto, Gov. Gretchen Whitmer spokeswoman Stacey LaRouche said, “Our office expects any state department to cooperate with ongoing investigations.”
Inside the search
After a series of reports by The Detroit News, Nessel’s office announced in April 2024 that it would investigate the $20 million grant awarded to Beydoun’s Global Link International, a nonprofit incorporated just 10 days after the Legislature’s approval of the spending bill that contained the earmarked funds.
The bill described the project — monitored by the MEDC — as “an international business accelerator” that “supports the growth of the Michigan economy by attracting top international entrepreneurs.” However, public records obtained by The Detroit News previously showed that Beydoun paid $11,000 for a single flight to attend a conference in Budapest and $4,500 for a luxury coffee maker.
Beydoun, a former member of the MEDC’s executive committee, defended her costs and said she had received millions of dollars in monetary commitments toward a business retention and attraction fund. The MEDC canceled the grant in March, with Asciutto writing a letter to Global Link alleging the organization had misused money, including an “unreasonable” $550,000 annual salary for Beydoun.
In court filings about the June 18 search warrants, Nessel’s office said the MEDC had “stonewalled” the investigation into the Beydoun project. After multiple requests and unmet deadlines, the MEDC had provided only documents given to journalists as part of Freedom of Information Act requests and hadn’t provided a single witness who worked on the grant, according to Nessel’s office.
As the Attorney General’s office began executing search warrants at the MEDC office on June 18, Asciutto said, “I got to get up to my office,” according to a transcript of the discussion that occurred inside the building.
“You need to stay down here in the lobby,” Kolka then told Asciutto.
“I don’t need to stay,” she replied.
Asciutto argued that items in her office were “off limits” and her records were protected by attorney-client privilege. But investigators told her that they had court-authorized search warrants to take all of the MEDC’s documents related to the Beydoun grant, and a separate so-called “taint team” would determine what records were protected by attorney-client privilege.
At one point during the search, Asciutto pushed a box across the floor and said, “That’s all of it,” according to Morse’s affidavit.
“I imagine that it doesn’t matter to you that I am an officer of the court, and I’m telling you there’s nothing else,” Asciutto said, according to the affidavit.
However, Morse wrote, a “cursory scan of Asciutto’s desk” revealed another purple file that was marked “AG Investigation Update.” Asciutto admitted that the file was related to Beydoun’s Global Link International organization, Morse wrote.
“She also then provided a three-ring binder that, despite her earlier comments to the contrary, was also related to GLI,” the special agent wrote.
“Asciutto’s conduct — including telling us that, as an officer of the court, we had everything related to GLI when in fact more related documents were sitting on her desk and clearly in use — indicates that she directly intended to prevent investigators from accessing evidence that we were there to seize under the warrant,” Morse added.
During the raid, Asciutto told investigators that she hoped they were “searching the legislative offices.”
“They’re the ones that did this grant,” the MEDC attorney said, according to the transcript.
‘Shouldn’t get to do that’
It’s a standard protocol for investigators to collect documents and then use a “taint team” to separate privileged records from non-privileged records, said Todd Flood, a former prosecutor whom former Attorney General Bill Schuette appointed to investigate the Flint water crisis.
The approach keeps privileged information out of the hands of prosecutors.
“The fact of the matter is that privileged communications cannot be reviewed by the government/prosecution team,” Flood said in a Wednesday interview.
Gerald Gleeson, a criminal defense attorney hired to represent MEDC staff, argued in a Tuesday court hearing in Oakland County that the agency had cooperated with the Attorney General’s office and had no reason to believe it would be served a search warrant with multiple agents entering the Lansing headquarters.
MEDC staff members, he argued, have never been painted as the subject of any grant investigation.
“I’ve been told unequivocally that the people I am representing are not targets of this investigation,” Gleeson said.
The defense attorney stressed that investigators’ seizure of documents from Asciutto’s office that were labeled privileged threatened the concept of attorney-client privilege.
“They shouldn’t get to do that,” Gleeson said.
However, the Attorney General’s office has countered that courts had ruled that attorney-client privilege should be “strictly confined within the narrowest possible limits.”
The MEDC can’t establish “blanket privilege claims” over large boxes of documents, the Attorney General’s office said.
Nessel’s office contended the MEDC hadn’t argued why specific information obtained during the search was protected.
“Do they have anything to do with providing legal services?” Payok asked in a court filing about the documents. “Who does Asciutto represent? Just MEDC employees? MEDC board members as well?
“Certainly not MEDC’s grantees and specifically not Fay Beydoun.”