LANSING, Mich. — A business-backed nonprofit organization that's been helping fund Michigan Gov. Gretchen Whitmer's overseas trade missions should be investigated for failing to register as a lobbyist, a complaint filed by a longtime lawyer contended Monday.

Bob LaBrant, former general counsel for the Michigan Chamber of Commerce, authored the complaint against the Michigan Economic Development Foundation and submitted it to the office of Secretary of State Jocelyn Benson.

The filing came a week after a Detroit News investigation revealed that companies that contributed to the Michigan Economic Development Foundation (MEDF) got seats on the organization's board and access to Whitmer and Quentin Messer Jr., a member of Whitmer's cabinet and CEO of the state's economic development agency, at private functions and policy events. Many of the companies also received substantial taxpayer-funded incentives through the Messer-led Michigan Economic Development Corp. (MEDC).

The MEDF, which was created decades ago as a charitable nonprofit organization, has paid for some of the costs associated with foreign trade missions organized by the MEDC, including Whitmer's ventures this year to the United Arab Emirates and Japan.

"MEDF has evolved into a state-sanctioned slush fund for the use of insiders at the MEDF and MEDC," LaBrant wrote in his complaint. "Unless MEDF is required to register as a lobbyist and disclose the expenditures it makes that benefit state public officials; transparency and accountability is lost."

Eric Doster, a lawyer for the MEDF, and Rebecca Bahar-Cook, a fundraiser and executive director for the MEDF, didn't respond to an email seeking comment about the complaint Monday morning.

In 2024, MEDF told the Internal Revenue Service it spent $453,860 on "investment missions." Whitmer went on a trip to Spain and another one to Taiwan and South Korea in 2024. Lt. Gov. Garlin Gilchrist II traveled to the United Kingdom, the Netherlands and Germany the same year. All of those ventures were listed in the MEDF's annual report of its activities for 2024.

"From international delegations to training for MEDC leaders to making connections here at home, we’re working to make Michigan the best place to live, work and do business for everyone," the nonprofit's annual report said.

LaBrant's complaint said Michigan's lobbying law defines lobbying as “direct communication with a public official for the purpose of influencing administrative action.” Such communication would be "commonplace" at policy events that Messer had repeatedly invited board members of MEDF to, LaBrant wrote.

In emails obtained by The News, Messer repeatedly invited people to foundation-sponsored private events with the state's economic development decision-makers, including members of the Michigan Strategic Fund, the board that votes on incentive packages for companies.

One such event occurred on Sept. 25, 2024, at a Hilton hotel in Lansing.

"We hope you will join us, as collectively we determine the best course for Team Michigan for how we can navigate the current economic landscape and leverage opportunities to help us better invest in our people, revitalize our places and win projects to grow our population in our quest to become #1 in every ranking," Messer wrote in his email invitation to dozens of individuals.

In addition, MEDF had been allowed to pay for travel, lodging, food and beverage costs for public officials — costs lobbyists have to report twice a year — without filing the required lobbying disclosures, LaBrant said.

"MEDF historically has paid for the meals and beverages of Michigan public officials at economic development meetings, briefings and trips," LaBrant wrote. "That funding has been allowed to fly under the radar."

Under Michigan law, organizations or businesses have to register as lobbyists once they spend $3,175 on lobbying during a 12-month period. The question at the center of LaBrant's complaint would be whether MEDF's spending qualified as lobbying.

LaBrant referenced the fact that 21 of the 22 companies or organizations listed as MEDF "board level partners," meaning they contributed at least $25,000 to MEDF, are registered lobbyists themselves or closely connected to registered lobbyists. For example, MEDF lists Consumers Energy Foundation as a donor, while Consumers Energy is registered to lobby Michigan officeholders.

If the businesses directly bought food or a trip for Whitmer or other public officials in Michigan, they would have to report the spending under the state's lobbying law. But purchases made by the MEDF, to which the businesses contributed, didn't have to be reported, LaBrant said.

LaBrant has decades of experience in the law governing money in Michigan politics. In 2014, he authored a book titled, "PAC Man: A Memoir: A Personal Political History of the Campaign Finance, Redistricting, Ballot Question, Recall and Judicial Election Battles in Michigan."

LaBrant asked Benson's Bureau of Elections to refer his complaint to Attorney General Dana Nessel's office.

"The Attorney General’s Office should investigate the complaint and determine if there is probable cause to pursue enforcement of any civil or criminal penalties provided for in the Michigan Lobby Law," LaBrant wrote.

Under the lobbying law, someone who fails to register as a lobbyist for more than 30 days, when they should have, is guilty of a misdemeanor and can be fined up to $1,000.

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(Detroit News staff writer Beth LeBlanc contributed to this story.)

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