No. CR 03 201
UNITED STATES DISTRICT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
THE UNITED STATES OF AMERICA
vs.
BRIAN BRABAZON
INDICTMENT
COUNT ONE: Title 29, United States Code, Section
501(c)-Embezzlement of Assets by Labor Organization Officer.
A true bill.
/SIGNED/_____________G.L. Peterson
Foreperson
Filed in open court this _24th_
day of September
A.D. 2003
/SIGNED/__________________
Bail. $ Summons to Issue
DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT
BY: [] COMPLAINT [] INFORMATION [X] INDICTMENT []
SUPERSEDING
OFFENSE CHARGED
29 U.S.C. Section 501(c)-Embezzlement of
Assets by Labor Organization
Officer [] Petty
[] Minor
[] Misdemeanor
[X]Felony
PENALTY:
5 years imprisonment
$250,000 fine
3 years supervised release
$100 special assessment
Name of District Court and/or
Judge/Magistrate Location
NORTHERN DISTRICT OF CALIFORNIA
DEFENDANT – U.S.
BRIAN BRABAZON
DISTRICT COURT NUMBER
CR 03 201
PROCEEDING
Name of Complaintant Agency, or
Person (& Title, if any)
S/A Don McKenna, Department of Labor
[] person is awaiting trial in another Federal or State
Court, give name of court
_________________________________________________________________
[] this person/proceeding is transferred from another
district per (circle one)
FRCrP 20, 21 or 40. Show District
_________________________________________________________________
[] This is a representation of charges previously
dismissed on motion of:
[] U.S. Att’y [] Defense SHOW DOCKET NO.
________
[] this prosecution relates to a pending case involving
this same defendant
[] prior proceedings or appearance(s) before U.S.
Magistrate regarding this
defendant were
recorded under: MAGISTRATE CASE NO. _______________
DEFENDANT
IS NOT IN CUSTODY
1) [X] Has not been arrested,
pending outcome this proceeding.
If not detained give date
any prior summon was served on above charges
2) [] Is a Fugitive
3) [] Is on Ball or Release from (show District)
___________________________________________________________
IS IN CUSTODY
4) [] On this charge
5) [] On another conviction
6) [] Awaiting trial on other
charges [] Fed’l [] State
If answer to (6) is ‘Yes”,
show name of institution
___________________________________________________________
Has detainer
[] Yes
if “Yes”
been filed?
[X] No
give date
filed _________________
DATE OF Month/Day/Year
ARREST _______________
Or... if Arresting Agency & Warrant were not
DATE TRANSFERRED
Month/Day/Year
TO U.S.
CUSTODY ________________
Name and Office of Person Furnishing information on THIS
FORM
KEVIN V. RYAN
[X] U.S. Att’y
[] Other U.S. Agency
Name of Asst. U.S. Att’y
(if
assigned) CARLOS SINGH
[] This report amends AO 257 previously submitted
ADDITIONAL INFORMATION OR COMMENTS
PROCESS:
[X] SUMMONS [] NO
PROCESS* [] WARRANT Bail Amount:
____________
If Summons, complete following:
[X] Arraignment
[] Initial Appearance
*Where defendant previously apprehended on complaint, no
new summons or warrant needed, since Magistrate has scheduled arraignment
Defendant Address:
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxx
Date/Time: November
6, 2003 9:30am
Before Judge: Magistrate Judge
Richard Seeborg
Comments:
_____________________________________________________________
KEVIN V. RYAN (CABN 118321)
United States Attorney
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
UNITED STATES OF
AMERICA,
No. CR 03 201
Plaintiff,
VIOLATION: 29 U.S.C. § 501(c) -
v.
Embezzlement of Assets by Labor
Organization Officer
BRIAN
BRABAZON
Defendant.
SAN JOSE VENUE
INDICTMENT
The Grand Jury charges:
On or about May 25, 2001, in Santa
Clara County, the Northern District of California and elsewhere, the defendant
BRIAN BRABAZON
did embezzle, steal and willfully and unlawfully abstract
and convert to his own use monies, funds and assets of Local 294-C of the
United Food and Commercial Workers, AFL-CIO, a labor organization, in which he
was an officer and employee thereof; that is, as President of Local 294-C, the
defendant wrote to himself union check number 125 in the amount of $3,672.84
for the purpose of attending a union convention in June 2001 when in fact he
did not attend the convention but cashed the check and kept the money for his
own personal use.
All in violation of Title 29,
United States Code, Section 501(c).
DATED:
A TRUE BILL.
9/20/2003
/SIGNED/____________
FOREPERSON
KEVIN V. RYAN
United States Attorney
/SIGNED/_____________
MATTHEW A. PARRELLA
Chief, San Jose Branch Office
(Approved as to form: /SIGNED/___
AUSA Singh
