Union Criminal Enforcement Actions – August-September 2014

On September 11, 2014, in the United States District Court for the Eastern District of Missouri, a federal jury issued a guilty verdict to Anthony Davis, former President of National Postal Mail Handlers Union Local 314 (located in Hazelwood, Mo.), for one count of embezzlement.  Evidence at the trial established that Davis created numerous false vendor invoices to further his scheme to embezzle $40,659.  The jury deliberated for less than two hours before returning a guilty verdict.  On April 23, 2014, Davis was indicted on one count of embezzling from a labor union, in violation of 29 U.S.C. 501(c).  The sentencing has been set for December 8, 2014.  The trial and guilty verdict follow an investigation by the OLMS Denver-St. Louis District Office. 4-Postal-Fraud-Theft-small

On August 4, 2014, in the Circuit Court of the City of Portsmouth, Eric Barnett, former President of American Postal Workers Union (APWU) Local 171 (located in Portsmouth, Va.), was sentenced to four years of probation and was ordered to pay restitution of $10,212.  On May 7, 2014, Barnett pled guilty to one count of embezzlement of $200 or more, in violation of 18.2-111 of the Code of Virginia.  The sentencing follows an investigation by the OLMS Washington 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.