Union Criminal Enforcement Actions 2013
On May 29, 2013, in the United States District Court for the Middle District of Georgia, Joseph Allen, former Secretary-Treasurer for National Association of Letter Carriers (NALC) Branch 588 (located in Athens, Ga.), was sentenced to one year in prison, one year of probation and ordered to pay restitution in the amount of $50,000. On March 20, 2013, Allen pled guilty to one count of filing a false report, in violation of 29 U.S.C. 439(b). The sentencing follows an investigation by the OLMS Atlanta District Office, the Department of Labor’s Office of Inspector General, and the U.S. Postal Service’s Office of Inspector General.
On March 28, 2013, in the United States District Court for the Western District of Pennsylvania, Frank Rysz, former Secretary-Treasurer of National Association of Letter Carriers (NALC) Branch 1124 (located in New Stanton, Pa.), was sentenced to three years of probation and five months home confinement, and was ordered to pay the remaining restitution of $4,914. On November 16, 2012, Rysz pled guilty to a one count indictment for embezzling $12,514.91 in union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Pittsburgh District Office.
On February 7, 2013, in the United States District Court for the Eastern District of Texas, Frank Juarez, former President of American Postal Workers Union (APWU) Local 6768 (located in Plano, Tex.), was charged in a one-count information with embezzlement of union funds in the amount of $21,290.73, in violation of 29 U.S.C. 501(c). The charge follows an investigation by the OLMS Dallas District Office.
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.