Union Criminal Enforcement Actions August 2014

On July 8, 2014, in the United States District Court for the Middle District of Georgia, an indictment was filed against Cynthia Collins, former Secretary-Treasurer of American Postal Workers Union (APWU) Local 12 (located in Athens, Ga.), charging her with one count of embezzlement totaling $23,345, in violation of 29 U.S.C. 501(c), and one count of falsification of an annual financial report filed by the labor union, in violation of 29 U.S.C. 439(b).  The indictment follows an investigation by the OLMS Atlanta-Nashville District Office.

On June 26, 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 sentenced to two months in the custody of the Bureau of Prisons, three years of supervised release (including eight months of home confinement), and was ordered to pay $31,954 in restitution and a $100 special assessment.  On March 20, 2014, Ray 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 Dallas-New Orleans Office.

On June 13, 2014, in the McCracken County, Kentucky Circuit Court, David Lynch, former President and Treasurer of National Association of Letter Carriers (NALC) Branch 383 (located in Paducah, Ky.), was indicted for theft of more than $10,000 in union funds.  The indictment follows an investigation by the OLMS Cincinnati-Cleveland District Office. 4-Postal-Fraud-Theft-small

On May 7, 2014, in Circuit Court for the City of Portsmouth, Virginia, Eric Barnett, former President of American Postal Workers Union (APWU) Local 171 (located in Portsmouth, Va.), pled guilty to one count of embezzlement of $200 or more, in violation of 18.2-111 of the Code of Virginia.  The plea follows an investigation by the OLMS Washington District Office and the Portsmouth Police Department.

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.