Criminal Enforcement Actions Against Postal Unions 2014

On January 31, 2014, in the United States District Court for the Southern District of Alabama, Harold Ray, former secretary of National Association of Letter Carriers (NALC) Branch 469 (located in Mobile, Ala.), and former secretary of the NALC Alabama State Association (located in Birmingham, Ala.), was indicted on one count of embezzling $38,565 in union funds, in violation of 29 U.S.C. 501(c), and one count of access device fraud, in violation of 18 U.S.C. 1029(a)(2). The indictment follows an investigation by the OLMS Dallas-New Orleans Office.

On January 23, 2014, in the Dakota County (Minnesota) District Court, David Westgard, former Treasurer of American Postal Workers Union (APWU) Local 65 (located in Mendota Heights, Minn.), was sentenced to 20 days of imprisonment followed by two years of supervised release and was ordered to pay restitution in the amount of $4,241. Westgard had previously paid restitution in the amount of $22,719. On November 12, 2013, Westgard pled guilty to one count of Theft – Indifferent to Owner Rights. The sentencing follows an investigation by the OLMS Detroit-Milwaukee District Office 4-Postal-Fraud-Theft-small

PLEASE NOTE

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)

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