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Did a Lodi city councilman resign? It depends on who you ask

Thursday's arrest marks the second time the city councilman has been arrested while either campaigning for office or while in office.

LODI, Calif. — Update Feb. 17: Allen Sawyer, an attorney representing Shakir Khan told ABC10 Friday he has not resigned following allegations of felony election crimes. 

However, the Lodi City Council website lists the District 4 seat as "vacant" stating his resignation was received Feb. 16, 2023. Lodi Mayor Mikey Hothi said in a Facebook video message he asked for Khan's resignation and Khan agreed to resign.

So, did a Lodi city councilman resign? It depends on who you ask.

Original February 16:

Shakir Khan has resigned from Lodi's City Council after being arrested Thursday on suspicion of eight felony elections crimes, a spokesman for the city of Lodi says.

In a Facebook post, Lodi Mayor Mikey Hothi said he asked for Khan's resignation effective immediately and Khan agreed to do so.

The charges include two counts of falsely filing a declaration of candidacy, three counts of voting or attempting to vote more than once, registering a fictitious person, making or defacing a nomination paper and voter registration violation.

According to the San Joaquin County Sheriff's Office, the charges stem from the 2020 election.

Shakir is being held in San Joaquin County Jail ahead of a court appearance scheduled for 1:30 p.m. Friday. Bail is not allowed.

The arrest came a day after the San Joaquin County District Attorney's Office announced a judge held Shakir and his brother, Zakir Khan, to answer on charges of illegal gambling, money laundering, tax evasion, and Employment Development Department (EDD) fraud.

The new charges announced Thursday do not appear to be connected to the ongoing case involving allegations of illegal gambling, money laundering, tax evasion, and EDD fraud.

Shakir Khan's lawyer, Allen Sawyer, said Wednesday the defense had not yet presented evidence showing Mr. Khan's legal defense to the charges.

"The presumption of Shakir Khan’s innocence still applies. We appreciate the professionalism of Deputy District Attorney Kelly McDaniel, Deputy District Attorney Todd Turner, and Paralegal Macie McKinstry in the handling of this case. Mr. Khan will return to the San Joaquin County Superior Court in Department 6D on February 21, 2023 for arraignment on the information,“ Sawyer told ABC10 in a statement.

In Oct. 2020, Shakir was arrested on suspicion of money laundering and other criminal charges while campaigning for office.

Khan, who represented Lodi's fourth district, won his city council seat by securing nearly 40% of the vote in 2020. His term was set to expire in Nov. 2024.

Credit: San Joaquin County Sheriff's Office

Case History:

Shakir Khan was arrested Oct. 28, 2020 by the San Joaquin County Sheriff's Office (SJSO), who accused him of maintaining a gambling premise as the owner of "American Smokers Club" on Waterloo Drive in Stockton. The SJSO also accuse Khan of laundering money through his business.

The SJSO served a warrant at the business during the investigation, which “opened a can of worms,” according to the sheriff's office.

“I categorically deny the allegations relating to a business that I do not own,” Khan said in a statement sent to ABC10 on Facebook. “I believe my political opponents have concocted this allegation to damage my reputation and campaign for Lodi City Council.”

Watch more Lodi news from ABC10: Lodi residents frustrated over unexpected flooding, thousands of dollars in damages

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