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Kwame Kilpatrick's profligate spending impairs restitution obligation

Kilpatrick testified at restitution session Wednesday.
Kilpatrick testified at restitution session Wednesday.
Credits: 
AP Photo/David Coates

Spendthrift practices by ex-mayor Kwame Kilpatrick have convinced Wayne Prosecutor Kym Worthy that he has violated the terms of his probation requiring him to pay $1,000,000 in restitution. This revelation came Wednesday at the close of a six day hearing to determine an appropriate monthly payment on the amount.

Following his release from jail, Kilpatrick took a sales job with Texas-based Covisint, and began tendering $6,000 monthly payments against a million dollar restitution judgment. Recently, Kilpatrick reduced that payment amount by half to $3,000, citing a pay cut. That led to an evidentiary hearing to determine what an appropriate monthly payment should be,

The proceeding, which Wayne Circuit Judge David Groner called a restitution hearing, produced evidence that Prosecutor Kym Worthy believes warrants the filing of a probation violation motion that could land Kilpatrick back in jail. She contends that Kilpatrick was not truthful about his finances, failed to provide records documenting his assets, and has moved thousands of dollars through various bank accounts to obfuscate his actual worth..

Worthy paints a portrait of a man reluctant to allow his million dollar obligation to interfere with his high brow lifestyle. The prosecution subpoenaed many of Kilpatrick's financial records; they showed monthly cash withdrawals and debit payments in excess of $3,000, and purchases including green fees, Gucci shoes, $158 nail salon visits, as well as leases of luxury vehicles and a suburban Dallas mansion.

Kilpatrick "has not made a good faith effort to comply with orders, and has not paid the restitution the way he should have," said prosecutor David Spade. To Worthy, this warrants her contemplated action. "We believe the record established numerous instances where (Kilpatrick) violated the terms and conditions of his probation as it relates to court-ordered disclosure and payment of restitution."

Meanwhile, Judge Groner's restitution hearing will bring the parties back to court twice next month. Closing arguments will be heard on January 12, 2010, with Judge Groner's ruling to follow on January 20. Don't look for Kilpatrick to be sporting his Gucci shoes on either occasion.

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Detroit Crime Examiner

Dr. Robert Brignall is a retired appellate litigation attorney who practiced in downtown Detroit for more than 14 years. He has recently obtained a...

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