Union Criminal Enforcement Actions 2013

On November 14, 2013, in the New York State Court for New York County, Neil Cardoso, former President of the American Postal Workers Union (APWU) Local 1241 (located in Long Island City, N.Y.), was sentenced to one to three years in prison and was ordered to pay $50,000 in restitution. On October 25, 2013, Cardoso pled guilty to Grand Larceny in the 2nd degree. The sentencing follows an investigation by the OLMS New York District Office.

On November 12, 2013, in the Dakota County (Minnesota) District Court, David Westgard, former Treasurer of American Postal Workers Union (APWU) Local 65 (located in Mendota Heights, Minn.), pled guilty to one count of theft – indifferent to owner rights. On November 8, 2012, Westgard was charged with theft by swindle of over $5,000. The plea follows an investigation by the OLMS Detroit-Milwaukee District Office.

On November 7, 2013, in the Circuit Court for the City of Portsmouth, Virginia, Eric Barnett, former President of American Postal Workers Union (APWU) Local 171 (located in Portsmouth, Va.), was indicted on one count of embezzlement of $200 or more, in violation of 18.2-111 of the Code of Virginia. The indictment follows an investigation by the OLMS Washington District Office and the Portsmouth City Police Department.

On August 12, 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 sentenced to three years of probation with 180 days of home detention and was ordered to pay $21,151 in restitution and an assessment of $100. On February 7, 2013, Juarez was charged in a one-count information with embezzlement of union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Dallas District Office.

Source: Office of Labor-Management Standards (OLMS)

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.