On February 28, 2011, in the Syracuse City Court, Delores Jennings, former President of the now terminated CWA Local 81321 (located in Syracuse, N.Y.), pled guilty to falsification of business records in the second degree. Jennings was previously charged with Grand Larceny in the fourth degree and falsifying business records in the first degree in the same court on October 18, 2010. The guilty plea follows a joint investigation conducted by the Syracuse City Police and the OLMS Buffalo District Office.
On February 28, 2011, in the United States District Court for the Northern District of Illinois, Sylvester Knight, former Treasurer of Steelworkers Local 2154 (located in Chicago, Ill.), pled guilty to one count of making false entries in the union’s financial records. On January 21, 2011, an information was filed charging Knight with the same crime. The guilty plea follows an investigation by the OLMS Chicago District Office.
On February 25, 2011, in the United States District Court of the Western District of Wisconsin, Shari Birch, former Treasurer of American Federation of State, County and Municipal Employees (AFSCME) Local 1760-A (located in Superior, Wis.), pled guilty to count one of a 21-count indictment and admitted to embezzling $16,734.54 from AFSCME Local 1760-A. The guilty plea follows an investigation by the OLMS Minneapolis Resident Investigator Office and the Superior, Wisconsin Police Department.
On February 25, 2011, in the United States District Court for the Northern District of Texas, Freida Carter-London, former office manager of Carpenters Local 1421 (located in Arlington, Tex.), was sentenced to 60 months probation and was ordered to pay full restitution of $99,178 (due by the end of her probation). On November 12, 2010, Carter-London pled guilty to embezzling $99,178 in union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Dallas District Office.
On February 25, 2011, in the Guernsey County, Ohio Court of Common Pleas, Kandy Dunfee, former Secretary-Treasurer for AFSCME Local 11, Chapter 3020 (located in Cambridge, Ohio), was sentenced to 11 months incarceration with each count running concurrently (suspended), placed on supervised release for three years, and was ordered to make full restitution in the amount of $1,074.60. On January 14, 2011, Dunfee pled guilty to one count of theft and one count of forgery. The sentencing follows an investigation by the OLMS Cleveland District Office.
On February 24, 2011, in the United States District Court, District of Maine, Bernadette Beal, former President of Teachers Local 5073, the Downeast Federation of Healthcare Professionals (located in Millbridge, Maine), was sentenced to eight months imprisonment and two years supervised release. She was also ordered to pay a $100 special assessment and restitution in the amount of $24,131.32. On August 27, 2010, Beal pled guilty to one count of embezzlement of union funds totaling $25,536.91, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Boston District Office.
On February 23, 2011, in the United States District Court of Oregon, Charles Owens, former Financial Secretary for United Brotherhood of Carpenters and Joiners Local 2791 (located in Scio, Ore.), pled guilty to a one-count information for failing to maintain union records in an effort to conceal the embezzlement of union funds totaling $65,791. Sentencing is scheduled for May 16, 2011. The plea follows an investigation by the OLMS Seattle District Office.
On February 22, 2011, in the Magistrate Court for the State of New Mexico, a criminal complaint was filed against Kasey L. McCalmon, former Secretary-Treasurer of National Association of Letter Carriers (NALC) Branch 1509 (located in Silver City, N.M.), for the crime of embezzlement in the amount of $5,330.24. The charge follows an investigation by the OLMS Denver District Office.
On February 16, 2011, in the Worcester County Massachusetts District Court, Stephen Andros, President of Steelworkers Local 2936 (located in Auburn, Mass.), was charged in a five-count criminal complaint with larceny over $250, in violation of Massachusetts General Law, Chapter 266, Section 30, totaling $18,751.84. The complaint follows an investigation by the OLMS Boston District Office.
On February 15, 2011, in the United States District Court for the Eastern District of Michigan, Deidra Lucas, former President of American Federation of State, County, and Municipal Employees (AFSCME) Local 100 (located in Pontiac, Mich.), was sentenced to time already served (one day) and three years of supervised release. She was also ordered to complete 50 hours of community service and pay restitution of $39,403 and a $100 special assessment. On October 14, 2010, Lucas pled guilty to one count of embezzling $5,283.20 of union funds. The sentencing follows an investigation by the OLMS Detroit District Office.
On February 11, 2011, in the United States District Court for the Northern District of Illinois, Frank Kmiec, former Secretary-Treasurer of Brotherhood of Maintenance of Way Employees Division (BMWED) Local 2857 (located in Genoa City, Wis.), was sentenced to one year probation with the first six months served in home confinement with electronic monitoring. He was also ordered to pay a special assessment of $25. On November 22, 2010, Kmiec pled guilty to making false entries in the local’s cash record book, check register, and quarterly audit reports thereby misrepresenting the balance of the local’s bank account. In pleading guilty, Kmiec admitted to embezzling approximately $19,461.39 in Local 2857 funds. The sentencing follows an investigation by the OLMS Chicago District Office.
On February 10, 2011, in the United States District Court for the District of Puerto Rico, Jose L. Caraballo-Figueroa, former President of Sindicato Obreros Unidos del Sur (SOUS) (located in Salinas, P.R.), pled guilty to embezzling in excess of $400,000 from SOUS under the guise of receiving medical reimbursements, payments for services rendered, and payment for meals and car expenses. A sentencing date has not been scheduled. The plea follows an investigation by the OLMS Puerto Rico Resident Investigator Office.
On February 10, 2011, in the United States District Court for the Eastern District of California, Tracy Ford, former Secretary-Treasurer of Machinists Lodge 1528 (located in Modesto, Calif.), was indicted on one count of embezzlement of union funds in the amount of $174,891, in violation of 29 U.S.C. 501(c) and one count of filing a false financial report, in violation of 29 U.S.C. 439(b). The charges follow an investigation by the OLMS San Francisco District Office.
On February 7, 2011, in the United States District Court for the Central District of California, Joan Boucher, former Treasurer of Staff Union Local 399 (located in Montebello, Calif.), was sentenced to five years probation, including six months of home detention, for embezzling union funds. Boucher was also ordered to pay full restitution of $26,990 and the cost of an electronic monitoring bracelet. The sentencing follows an investigation by the OLMS Los Angeles District Office.
On February 7, 2011, in the United States District Court for the Southern District of Mississippi, Mechelle Busse (aka Mechelle Singleton), former office manager for United Association of Plumbers and Pipefitters Local 568 (located in Gulfport, Miss.), pled guilty to a one-count indictment for embezzling union funds between June 2005 and December 2007, in an amount ranging from $76,000 to $110,117.69. Sentencing is scheduled for May 11, 2011. The plea follows an investigation by the OLMS New Orleans District Office.
On February 4, 2011, in the United States District Court for the Central District of Illinois, Kevin T. Hunt, former Secretary-Treasurer for United Transportation Union (UTU) Local 198 (located in Peoria, Ill.), was sentenced to one year probation. He was also ordered to pay a fine of $500 and a $25 special assessment. On October 26, 2010, Hunt pled guilty to a one-count information for filing a false LM report. The sentencing follows an investigation by the OLMS Chicago District Office.
On February 2, 2011, in the United States District Court for the Middle District of Florida, Karl L. Youngerman, former President of Glass, Molders, Pottery, Plastics & Allied Workers (GMP) Local 208 (located in Bradenton, Fla.), was sentenced to five years probation for conspiracy to embezzle union funds in the amount of $18,218.91 and was ordered to pay restitution for the same amount to the Fidelity and Deposit Company of Maryland. On November 5, 2010, Youngerman pled guilty to conspiracy to embezzle funds from a labor union, in violation of 18 U.S.C. §371. The sentencing follows an investigation by the OLMS Tampa Resident Investigator Office.
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Criminal Enforcement Actions 2011
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.
A 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.
A 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.
A 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.
A 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)