On October 30, 2012, in the Circuit Court for the County of Henrico, Virginia, Tim Shell, former Secretary-Treasurer of Brotherhood of Locomotive Engineers (BLE) Division 561 (located in Richmond, Va.), pled guilty to one count of embezzlement of $200 or more for embezzling money from a union, in violation of Virginia Code Section 18.2-111. The plea follows an investigation by the OLMS Washington District Office.
On October 23, 2012, in the United States District Court for the District of South Dakota, Melody Wouden, former President of American Federation of Government Employees (AFGE) Local 2342 (located in Ft. Meade, S.D.), was charged in a two-count indictment with providing a false statement, in violation of 18 U.S.C. 1001, and larceny in an amount under $1,000, in violation of 18 U.S.C. 7(3) and 661. The charges follow an investigation by the OLMS Minneapolis Resident Investigator Office.
On October 22, 2012, in the United States District Court for the Western District of Pennsylvania, Barbara Patton, former President and Vice President of American Postal Workers Union (APWU) Local 4469 (located in Johnstown, Pa.), pled guilty to withholding financial records required to be maintained by a labor union, in violation of 29 U.S.C. 439(c). Patton was then sentenced to two years of probation and was ordered to pay a $25 special assessment. Patton had previously paid restitution of $1,705.41. The plea and sentencing follow an investigation by the OLMS Pittsburgh District Office.
On October 22, 2012, in the United States District Court for the District of Columbia, Kevin Jones, former President of Metropolitan Campus Police Officers Union (located in Washington, D.C.), was charged in an information with one count of embezzling union funds in the amount of $28,504.96, in violation of 29 U.S.C. 501(c). The charge follows an investigation by the OLMS Washington District Office.
On October 18, 2012, in the United States District Court for the Northern District of Illinois, Robert K. Lauermann, former Secretary-Treasurer of Brotherhood of Locomotive Engineers and Trainmen (BLET) Division 682 (located in Whiting, Ind.), was ordered to pay $5,742.85 in restitution, a $500 fine, and a $25 special assessment. On April 18, 2012, Lauermann pled guilty to a one-count information for filing false reports with the Railroad Retirement Board, in violation of 45 U.S.C. 231(l). The sentencing follows an investigation by the OLMS Chicago District Office.
On October 18, 2012, in the United States District Court for the Eastern District of Arkansas, Owen Daniel Smith, former Secretary-Treasurer for the Civilian Technicians Association Chapter 117 (located in Jacksonville, Ark.), was charged with one count of embezzling union funds in the amount of $18,023, in violation of 29 U.S.C. 501(c). Smith then pled guilty to the charge. The charge and plea follow an investigation by the OLMS Dallas District Office.
On October 18, 2012, in the United States District Court for the Western District of Missouri, Kelley Dull, former President of American Federation of Government Employees (AFGE) Local 2904 (located in Kansas City, Mo.), and former President of AFGE Council 171 (located in Cleveland, Ohio), was sentenced to six months of incarceration, three years of supervised probation (up to six months of which will be home detention with electronic monitoring), and was ordered to pay restitution in the amount of $32,118.66 and a $100 special assessment. On February 1, 2012, Dull pled guilty to one count of wire fraud, in violation of 18 U.S.C. 1343. The sentencing follows an investigation by the OLMS Kansas City Resident Investigator Office.
On October 16, 2012, in the United States District Court for the Southern District of New York, John McNamee, President of International Alliance of Theatrical Stage Employees (IATSE) Local 829 (located in New York, N.Y.), pled guilty to one count of embezzlement in the amount of $150,000, in violation of 29 U.S.C. 501(c). The charge follows an investigation by OLMS New York District Office.
On October 12, 2012, in the United States District Court for the Southern District of Ohio, Rachel Lanham, former office secretary for Machinists District Lodge 34 (located in Columbus, Ohio), was sentenced to six months of home confinement followed by three years of supervised release. Lanham was also ordered to make full restitution in the amount of $104,867.45 and pay a $100 special assessment. On June 30, 2012, Lanham pled guilty to one count of embezzlement, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Cleveland District Office.
On October 10, 2012, in the Third Judicial Circuit Court of Wayne County, Michigan, Richard Ikerd, former Secretary-Treasurer of American Federation of State, County and Municipal Employees (AFSCME) Local 2568 (located in Melvindale, Mich.), pled guilty to one count of embezzlement of $1,000 or more but less than $20,000. On July 9, 2012, a complaint was filed charging Ikerd with the same crime. The sentencing is scheduled for January 22, 2013. The guilty plea follows an investigation by the OLMS Detroit District Office.
On October 9, 2012, in the United States District Court for the Northern District of Georgia, Rebecca Mercer, former Secretary-Treasurer of the National Treasury Employees Union (NTEU) Chapter 284 (located in Atlanta, Ga.), was sentenced to 12 months and one day of imprisonment, three years of probation, and was ordered to pay restitution in the amount of $50,822.22, and a $600 special assessment. The sentencing follows an investigation by the OLMS Nashville District Office.
On October 3, 2012, in the United States District Court for the Western District of Texas, Andrew Irwin, former business manager and Financial Secretary of International Brotherhood of Electrical Workers (IBEW) Local 72 (located in Waco, Tex.), was sentenced to 10 months of incarceration, three years of supervised release, and was ordered to pay $27,321.63 in restitution, a $500 fine, and a $100 special assessment. On June 28, 2012, Irwin pled guilty to one count of embezzling union funds in the amount of $47,096, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Dallas District Office.
On October 3, 2012, in the United States District Court for the Eastern District of Michigan, Joya Mills, former Financial Secretary of United Auto Workers (UAW) Local 2500 (located in Detroit, Mich.), pled guilty to one count of failure to maintain union records, in violation of 29 U.S.C. 439(a). On September 20, 2011, Mills was charged with the same offense. The plea follows an investigation by the OLMS Detroit District Office.
On October 2, 2012, in the United States District Court for the Eastern District of Pennsylvania, Victor Rovani, III, former business representative for United Brotherhood of Carpenters and Joiners of America Local 454 (located in Philadelphia, Pa.), was sentenced to three years of probation including one year of home confinement for three counts of embezzling union funds in the amount of $8,322. In addition, Rovani was ordered to pay a fine of $3,000 to be paid in $100 monthly installments, a special assessment of $300, and the cost involved for the required electronic monitoring equipment. Rovani previously paid restitution to the union. On April 30, 2012, Rovani pled guilty to three counts of embezzling union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Philadelphia District Office.
On October 2, 2012, in the United States District Court for the District of Massachusetts, Andy Alerte, former Financial Secretary of Steelworkers Local 4-421 (located in Auburn, Mass.), was sentenced to six months of probation and was ordered to pay restitution of $5,100 and a $25 assessment. On March 14, 2012, Alerte pled guilty to one count of failure to maintain records and one count of making false entries. The sentencing follows an investigation by the OLMS Boston District Office.
On October 2, 2012, in the United States District Court for the District of Massachusetts, Roody Lespinasse, former Treasurer of Steelworkers Local 4-421 (located in Auburn, Mass.), was sentenced to 18 months of probation and was ordered to pay restitution of $20,818 and a $25 assessment. On February 21, 2012, Lespinasse pled guilty to one count of failure to maintain records. The sentencing follows an investigation by the OLMS Boston District Office.
On October 1, 2012, in the United States District Court for the Southern District of Texas, Ronald Witt, former business manager and JATC Trustee of International Union of Operating Engineers (IUOE) Local 450 (located in Houston, Tex.), was sentenced to one year and one day in prison and three years of supervised release. Witt was also ordered to pay $198,333.10 in restitution and a $100 special assessment. On January 19, 2012, Witt pled guilty to one count of conspiring to embezzle union funds, in violation of 18 U.S.C. 371. The sentencing follows an investigation by the OLMS New Orleans District Office and the Employee Benefits Security Administration.
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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.
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)
