Union Corruption Report: August 2012

A Monthly Report on Corrupt Union Bosses’ Misuse of Their Members’ Dues

For prior Union Corruption Reports, go here.

On August 28, 2012, in the Superior Court of Washington, County of Clark, William Hainsey, former Treasurer of American Federation of Government Employees (AFGE) District 11 (located in Vancouver, Wash.), was charged with a single count of theft in the first degree, in violation of WA 9A.56.020 (1)(a)/9A.56.030(1)(a).  The charge follows an investigation by the OLMS Seattle District Office.

On August 24, 2012, in the Berrien County (Mich.) Circuit Court, Linda Caldwell, former Financial Secretary of United Auto Workers (UAW) Local 383 (located in Benton Harbor, Mich.), pled guilty to one count of embezzlement from a non-profit organization of $200 or more but less than $1,000.  Caldwell was then sentenced to pay a fine of $435.  Caldwell previously paid full restitution of $700.  The guilty plea and sentencing follow an investigation by the OLMS Detroit District Office.

On August 24, 2012, in the United States District Court for the Southern District of Ohio, Marqueeta Tibbs, former office secretary for Carpenters Local 437 (located in Portsmouth, Ohio), was sentenced to one year and one day in prison, three years of supervised release, and was ordered to pay restitution in the amount of $34,903.53 and a special assessment of $100.  On January 25, 2012, Tibbs pled guilty to one count of conspiracy to embezzle union funds, in violation of 18 U.S.C. 371.  The sentencing follows an investigation by the OLMS Cincinnati District Office.

On August 24, 2012, in the United States District Court for the Southern District of Ohio, Zeffrey Tibbs, spouse of Marqueeta Tibbs, former office secretary of Carpenters Local 437 (located in Portsmouth, Ohio), was sentenced to six months of home confinement, five years of supervised release, and was ordered to pay a $100 special assessment.  On February 24, 2012, Tibbs pled guilty to one count of conspiracy to embezzle union funds, in violation of 18 U.S.C. 371.  The sentencing follows an investigation by the OLMS Cincinnati District Office.

On August 24, 2012, in the United States District Court for the Eastern District of Michigan, Alan Grayewski, former Chairperson of Utility Workers Local 223 – Office, Professional & Technical Division (located in Dearborn, Mich.), pled guilty to one count of failure to maintain union records, in violation of 29 U.S.C. 439(a).  The plea follows an investigation by the OLMS Detroit District Office.

On August 23, 2012, in the United States District Court for the District of Nevada, Stacy Johnson, former cashier for Laborers International Union of North America (LIUNA) Local 872 (located in Las Vegas, Nev.), was sentenced to one year and one day in prison for embezzling funds from a labor union, in violation of 29 U.S.C 501(c), and one year in prison for falsifying union records, in violation of 29 U.S.C. 439(c), to be served concurrently.  Johnson will be on supervised release for one year following her release.  Johnson was also ordered her to pay $53,500 in restitution.  On April 4, 2012, a jury found Johnson guilty following a trial.  The sentencing follows an investigation by the OLMS Los Angeles District Office.

On August 21, 2012, in the Cuyahoga County Court of Common Pleas, Victor Davis, former President of American Federation of Government Employees (AFGE) Local 3283 (located in Cleveland, Ohio), pled guilty to one count of theft from a union of more than $500 and less than $5,000.  Davis was also ordered to pay $1,358.26 in restitution.  On August 7, 2012, Davis was convicted by a jury of grand theft following charges brought by the U.S. Department of Defense – Defense Finance and Accounting Service Criminal Investigations Branch.  The guilty plea follows a joint investigation by the OLMS Cleveland District Office and the U.S. Department of Defense – Defense Criminal Investigative Service.

On August 16, 2012, in the United States District Court for the District of Columbia, a second superseding indictment was returned charging Caleb Gray-Burriss, President of the National Association of Special Police and Security Officers (NASPSO), located in Washington, D.C., on multiple counts.  The superseding indictment charges Gray-Burriss with two additional counts of embezzlement from a labor organization, in violation of 29 U.S.C. 501(c), for embezzling $68,374.99 from the union and one count of conspiracy to embezzle, in violation of 18 U.S.C. 371.  Gray-Burriss was previously indicted on four counts of embezzlement from a labor organization totaling more than $116,000, six counts of mail fraud totaling more than $102,000, one count of criminal contempt; two counts of tampering with a witness by corrupt persuasion; one count of failure to file reports required by the LMRDA; one count of falsification of reports required by the LMRDA; and one count of failure to maintain records in sufficient detail required by the LMRDA.  The indictment follows a joint investigation by the OLMS Washington District Office, the Employee Benefits Security Administration, and the Department of Labor’s Office of the Inspector General.

On August 16, 2012, in the United States District Court for the Southern District of California, Terence J. “T.J.” Bonner, former President of American Federation of Government Employees (AFGE) National Border Patrol Council 83 (located in Laredo, Tex.), was indicted on one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. 1349, and 11 counts of wire fraud, in violation of 18 U.S.C. 1343.  The indictment also states that Bonner illegally obtained hundreds of thousands of dollars in union funds to which he was not entitled and provides notice of forfeiture pursuant to 18 U.S.C. 981(a)(1)(c) and 28 U.S.C. 2461(c).  The indictment follows a joint investigation by the OLMS New Orleans District Office, Customs and Border Protection – Internal Affairs, and the Internal Revenue Service.

On August 14, 2012, in the United States District Court for the District of Massachusetts, Stennett Bernard, former President of Steelworkers Local 4-421 (located in Auburn, Mass.), was sentenced to six months of home confinement and electronic monitoring and five years of probation.  Bernard was also ordered to pay restitution of $175,312 and a special assessment of $200.  The restitution amount was increased to include the amount of money Bernard conspired to pay his co-conspirators.  On May 31, 2012, Bernard pled guilty to embezzling union funds, in violation of 29 U.S.C. 501(c), and conspiracy, in violation of 18 U.S.C. 371.  The sentencing follows an investigation by the OLMS Boston District Office.

On August 14, 2012, in the Berrien County, Michigan Circuit Court, a criminal complaint was filed charging Linda Caldwell, former Financial Secretary of United Auto Workers (UAW) Local 383 (located in Benton Harbor, Mich.), with one count of embezzlement from a non-profit organization of $200 or more but less than $1,000.  The charge follows an investigation by the OLMS Detroit District Office.

On August 10, 2012, in the United States District Court for the Eastern District of Michigan, Paul Morales, former Treasurer of United Transportation Union (UTU) Local 1477 (located in Taylor, Mich.), was sentenced to three years of probation (including the completion of 15 hours per week of community service for the first year of probation) and was ordered to pay $25,329.39 in restitution and a $25 special assessment.  On April 18, 2012, Morales pled guilty to one count of willfully failing to maintain union records of unauthorized cash withdrawals totaling $22,829.39, in violation of 29 U.S.C. 439(a).   The sentencing follows an investigation by the OLMS Detroit District Office.

On August 6, 2012, in the Hennepin County Court of Minnesota, Dennis Earley, former Financial Secretary of Communications Workers of America (CWA) Local 87140 (located in Minneapolis, Minn.), was charged with one count of theft by swindle over $5,000, in violation of Minnesota Statute 609.52, SUBD. 2(4), SUBD. 3(2).  The charge follows an investigation by the OLMS Minneapolis Resident Investigator Office.

On August 2, 2012, in the United States District Court for the Western District of Texas, Pete Irwin, former administrative assistant for International Brotherhood of Electrical Workers (IBEW) Local 72 (located in Waco, Tex.), was sentenced to six months of home confinement with electronic monitoring and five years of probation.  Irwin was also ordered to pay $19,774.70 in restitution and a $25 special assessment.  On June 7, 2012, Irwin was indicted for falsifying a financial report, in violation of 29 U.S.C. 439(b), and pled guilty.  The sentencing follows an investigation by the OLMS Dallas District Office.

On August 1, 2012, in the Superior Court of Washington, County of Cowlitz, Sean Heuer, former office assistant for the International Association of Machinists & Aerospace Workers (IAMAW) Local Lodge 536 (located in Longview, Wash.), was charged with a single count of theft in the second degree, in violation of WA 9A.56.040(1)(a), and three counts of forgery, in violation of WA 9A.60.020(1).  The charges follow an investigation by the OLMS Seattle District Office.

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Criminal Enforcement Actions 2012

An indictment is a formal accusation or charge based on a finding by a Grand Jury that it is likely that the person charged committed the criminal offense described in the indictment and is the means by which an accused person (defendant) is brought to trial. An indictment raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.

An information is a formal accusation of a crime by a government attorney rather than a Grand Jury.  An information raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.

charge is an accusation of criminal activity and raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Each count is a separate and distinct offense charged in an indictment or information.

guilty plea is a defendant’s admission to the court that he or she committed the offense charged and an agreement to waive the right to a trial.

conviction is a judgment based on a jury’s verdict, judge’s finding, or the defendant’s admission that the defendant is guilty of the crime charged.

sentence is a judicial determination of the punishment to be imposed on an individual who has plead guilty or has been convicted by a jury or judge of a criminal offense.

Source: Office of Labor-Management Standards (OLMS)

 

 

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