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On November 17, 2011, in the United States District Court for the Eastern District of Missouri, Charles Kenney, former President of Independent Store Employees Union (located in O’Fallon, Mo.), was sentenced to six months home confinement, four years probation, and was ordered to pay $24,865.65 in restitution and a $100 special assessment. On June 1, 2011, Kenney pled guilty to one count of embezzlement, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS St. Louis District Office.
On November 17, 2011, in the United States District Court for the Middle District of Alabama, Michael Williams, former President of International Brotherhood of Electrical Workers (IBEW) Local 780 (located in Eufaula, Ala.), was sentenced to 16 months imprisonment, three years of probation, and was ordered to pay restitution in the amount of $2,826 and a $100 special assessment. On March 23, 2011, Williams was indicted on 10 counts of embezzlement totaling $4,906, in violation of 29 U.S.C. 501(c), and four counts of making a false entry in a record required to be kept under the LMRDA, in violation of 29 U.S.C. 439(c). On June 8, 2011, Williams pled guilty to one count of embezzlement. The sentencing follows an investigation by the OLMS Nashville District Office.
On November 17, 2011, in the United States District Court for the Northern District of Georgia, Tommy Harris, former Secretary-Treasurer of National Association of Letter Carriers (NALC) Branch 1230 (located in Griffin, Ga.), pled guilty to one count of embezzlement totaling $24,646.82, in violation of 29 U.S.C. 501(c). The guilty plea follows an investigation by OLMS Atlanta District Office.
On November 17, 2011, in the United States District Court for the District of New Jersey, Kevin McKnight, former Secretary-Treasurer of United Transportation Union (UTU) Local 1390 (located in Laurence Harbor, N.J.), was charged in a one-count information with embezzling union funds in the amount of approximately $68,000, in violation of 29 U.S.C. 501(c). McKnight then pled guilty to the charge. While Secretary-Treasurer, he withdrew approximately $68,000 from the union’s bank account for his personal use. The sentencing is scheduled for February 28, 2012. The charge and guilty plea follow an investigation by the OLMS New York District Office.
On November 16, 2011, in the United States District Court for the Southern District of Iowa, Ann Kelly, former Secretary-Treasurer of American Federation of Government Employees (AFGE) Local 2814 (located in Council Bluffs, Iowa), was sentenced to six months home confinement and three years probation. Kelly was ordered to pay a $5,000 fine and a $100 special assessment. She paid $33,296.28 in restitution prior to sentencing. On August 11, 2011, Kelly pled guilty to one count of wire fraud, in violation of 18 U.S.C. 1343. The sentencing follows an investigation by the OLMS St. Louis District Office.
On November 15, 2011, in the United States District Court for the Central District of Illinois (Peoria), Mary Lynn Otten, former Secretary-Treasurer of Musicians Local 26 (located in Peoria, Ill.), pled guilty to filing a false LM report, in violation of 29 U.S.C. 439(b). On November 10, 2011, a one-count information was filed charging Otten with filing a false LM-3 report for fiscal year 2008. The plea follows an investigation by the OLMS Chicago District Office.
On November 14, 2011, in the United States District Court for the Western District of Missouri, Charles McDaniel, former General Chairman of United Transportation Union (UTU) General Committee of Adjustment (GCA) 341 (located in St. Joseph, Mo.), was sentenced to five years probation and was ordered to pay $68,365.62 in restitution and a $100 special assessment. On April 12, 2011, McDaniel pled guilty to one count of wire fraud, in violation of 18 U.S.C. 1343. The sentencing follows an investigation by the OLMS St. Louis District Office.
On November 14, 2011, in the United States District Court for the Eastern District of Michigan, Perry Taylor, former Vice President of American Federation of State, County and Municipal Employees (AFSCME) Local 1820 (located in Pontiac, Mich.), was sentenced to two years probation and was ordered to pay restitution in the amount of $5,897.60 and a special assessment of $25. On July 26, 2011, Taylor pled guilty to one count of aiding and abetting others in failing to maintain accurate union records of lost time claims made by him and others. The sentencing follows an investigation by the OLMS Detroit District Office.
On November 14, 2011, in the United States District Court for the District of New Jersey, James Kearney, former Secretary-Treasurer for Ironworkers Local 45 (located in Jersey City, N.J.), was charged in a one-count information with embezzling union funds in the amount of approximately $561,365, in violation of 29 U.S.C. 501(c). Kearney then pled guilty to the charge. While Secretary-Treasurer, Kearney withdrew approximately $471,400 from the union’s bank account for his personal use. In addition, Kearney failed to deposit approximately $89,965 in dues money and dinner dance receipts into the union’s bank account. Kearney also used this money for his personal use. The sentencing is scheduled for February 21, 2012. The charge and guilty plea follow an investigation by the OLMS New York District Office.
On November 9, 2011, in the Franklin County Court of Common Pleas, William J. Geisler, former Secretary-Treasurer of Glass Molders Local 45 (located in Columbus, Ohio), was indicted on one count of theft in the amount of $4,295, a felony in the fifth degree. The indictment follows an investigation by the OLMS Cleveland District Office.
On November 9, 2011, in the United States District Court for the Southern District of Pennsylvania, Derek Klingman, former Secretary-Treasurer of United Transportation Union (UTU) Local 1006 (located in Monongahela, Pa.), was charged in a one-count indictment for embezzling $9,354.84 in union funds. The charge follows an investigation by the OLMS Pittsburgh District Office.
On November 4, 2011, in the Polk County, Minnesota Circuit Court, Michelle Jean Nelson, former President of Communications Workers of America (CWA) Local 7272 (located in Erskine, Minn.), entered an Alford plea for felony theft by false representation (between $1,000 and $5,000), in violation of Minnesota State Statute 609.52.2(3). An Alford plea is a guilty plea where the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt. The plea follows an investigation by the OLMS Milwaukee District Office and OLMS Minneapolis Resident Investigator Office.
On November 1, 2011, in the United States District Court for the Northern District of Georgia, Bobby Harrison, former Treasurer of American Postal Workers Union (APWU) Local 979 (located in Gainesville, Ga.), pled guilty to one count of embezzlement in the amount of $21,737.11, in violation of 29 U.S.C. 501(c). Harrison was then sentenced to six months in federal prison, three years of supervised release, 300 hours of community service, and was ordered to pay restitution in the amount of $15,159.77 and a $100 special assessment. The guilty plea and sentencing follow a joint investigation by the OLMS Tampa Resident Investigator Office and the United States Postal Service’s Office of Inspector General.
On November 1, 2011, in the United States District Court for the Northern District of Illinois, an information was filed against John Gianonne, former Vice President of Teamsters Local 706 (located in Chicago, Ill.), charging him with one count of embezzlement of union funds totaling $11,900, in violation of 29 U.S.C. 501(c). The charge follows an investigation by the OLMS Chicago District Office.
On November 1, 2011, in the United States District Court for the Northern District of Alabama, David Daugette, former Secretary-Treasurer of Machinists Local Lodge 2766 (located in Madison, Ala.), was indicted on one count of embezzlement in the amount of $6,740.03, in violation of 29 U.S.C. 501(c). The charge follows an investigation by the OLMS Nashville District 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)
