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On December 19, 2012, in the United States District Court for the Eastern District of Texas, Wanda Jackson, former Secretary-Treasurer of National Association of Letter Carriers (NALC) Branch 4065 (located in Plano, Tex.), was sentenced to 18 months of incarceration, three years of supervised release, and was ordered to pay $41,246.95 in restitution and a $100 assessment. On March 15, 2012, a jury found Jackson guilty of embezzling union funds in the amount of $41,246.95, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Dallas District Office.
On December 18, 2012, in the United States District Court for the Western District of Tennessee, Gregory E. Brown, former Treasurer of Steelworkers Local 777 (located in Memphis, Tenn.), was indicted on one count of embezzlement totaling $6,587.57, in violation of 29 U.S.C. 501(c). The indictment follows an investigation by the OLMS Nashville District Office.
On December 18, 2012, in Stearns County Court of Minnesota, James Kiser, former Directing Business Representative of Machinists District Lodge 165 (located in St. Cloud, Minn.), was charged with four felony counts of theft by swindle, in violation of Minnesota State Statute 609.52. The complaint alleges that Kiser stole $5,919 from Local 65 between January 2010 and February 2012. The charges follow an investigation by the OLMS Minneapolis Resident Investigator Office.
On December 17, 2012, in the United States District Court for the District of Massachusetts, Manuel Nogueira, former Recording Secretary of Steelworkers Local 4-421 (located in Auburn, Mass.), was sentenced to 18 months of probation and was ordered to pay restitution in the amount of $9,000 and a $200 special assessment. On April 27, 2011, Nogueira pled guilty to one count of conspiracy (18 U.S.C. 371), one count of embezzlement (29 U.S.C. 501(c)), and one count of aiding and abetting (18 U.S.C. 2). The sentencing follows an investigation by the OLMS Boston District Office.
On December 17, 2012, in the United States District Court for the Northern District of Indiana, Mark Morgan, former Secretary-Treasurer of Machinists Lodge 2584 (formerly located in Fremont, Ind.), was sentenced to three years of probation including eight months of home detention with electronic monitoring. Morgan was also ordered to pay $17,616.70 in restitution and a $100 special assessment. On August 20, 2012, Morgan pled guilty to one count of embezzling union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Detroit District Office.
On December 14, 2012, in the United States District Court for the District of Columbia, Gloria Dickinson, former Secretary-Treasurer of American Federation of Government Employees (AFGE) Local 421 (located in Washington, D.C.), was sentenced to 30 days of home confinement, five years of probation, and 40 hours of community service. She was also ordered to make restitution in the amount of $21,713.32. On September 14, 2012, Dickinson pled guilty to one count of making false statements on an LM report, in violation of 18 U.S.C. 1001, in order to conceal her embezzlement. The sentencing follows an investigation by the OLMS Washington District Office.
On December 13, 2012, in the United States District Court for the Eastern District of Arkansas, Bryan Lowry, former President of American Federation of Government Employees (AFGE) Council 33 (located in Forrest City, Ark.), pled guilty to a one-count information charging him with making a false writing, in violation of 18 U.S.C. 1013, and was then sentenced to two years of probation and was ordered to pay $4,114 in restitution. The charge and sentencing follow an investigation by the OLMS Dallas District Office and Department of Justice’s Office of Inspector General.
On December 12, 2012, in the United States District Court for the Southern District of Mississippi, Bonnie Nixon, former Secretary Treasurer of International Association of Machinists and Aerospace Workers (IAMAW) Lodge W443 (located in Laurel, Miss.), was charged in a one-count indictment with embezzling union funds in the amount of $15,981.66, in violation of 29 U.S.C. 501(c). The indictment follows an investigation by the OLMS New Orleans Office.
On December 12, 2012, in the United States District Court for the Southern District of Mississippi, Paulette McClure, former Financial Treasurer of United Government Security Officers of America (UGSOA) Local 36 (located in Pattison, Miss.), was charged in a two-count indictment with embezzling $8,166.13 in union funds, in violation of 29 U.S.C. 501(c), and forgery, in violation of 18 U.S.C. 513(a). The indictment follows an investigation by the OLMS New Orleans Office.
On December 7, 2012, in the United States District Court for the Southern District of Ohio, Claude Huff, former President and business manager of Amalgamated Transit Union (ATU) Local 1385 (located in Dayton, Ohio), was sentenced to five years of probation and was ordered to pay restitution in the amount of $110,348.39 and a special assessment of $100. On September 4, 2012, Huff pled guilty to one count of embezzlement of union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Cincinnati District Office.
On December 5, 2012, in the Hamilton County Criminal Court for the State of Tennessee, Clarence Howard, former Secretary-Treasurer of Steelworkers Local 789 (located in Chattanooga, Tenn.), was indicted on one count of theft of property valued at over $1,000, in violation of Tennessee Code Annotated 39-14-103. The indictment follows an investigation by the OLMS Nashville District Office.
On December 4, 2012, in the United States District Court for the District of Columbia, Caleb Gray-Burriss, President of the National Association of Special Police and Security Officers (located in Washington, D.C.), was found guilty by a jury following a trial on 18 counts including six counts of mail fraud for theft from the union’s pension plan, six counts of embezzlement from a labor organization, one count of conspiracy to embezzle union funds, one count of criminal contempt, one count of tampering with a witness by corrupt persuasion, one count of failure to file LM reports, one count of filing false LM reports, and one count of failing to maintain union records. The total amount of loss attributed to Gray-Burriss’ actions is more than $250,000. The guilty verdict follows an investigation by the OLMS Washington District Office, the Employee Benefits Security Administration, and the Department of Labor’s Office of Inspector General.
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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)
