UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff, 03 — CR074
v. Case
No. 03-CR- (WCG)
OREEN BAY
[T. 29 U.S.C § 501(c) and 439(c)]
LELAND DAVID HASKINS, JR.
Defendant.
INDICTMENT
THE GRAND JURY CHARGES:
Allegations Common to all Counts
1. From about August 2000 to on
or about March 2002, Leland David Haskins, Jr. was Secretary-Treasurer of
Division 173 of the Brotherhood of Locomotive Engineers (hereinafter BLE 173), Fond
du Lac, Wisconsin.
2. Division 173 of the
Brotherhood of Locomotive Engineers was a labor organization within the meaning
of the Labor-Management Reporting and Disclosure Act, and engaged in an
industry affecting commerce.
3. During that time period,
Leland David Haskins, Jr. embezzled approximately $41,600.12 of union funds and
diverted said funds to his own use.
COUNT ONE
THE GRAND JURY FURTHER CHARGES:
4. On or about March 12, 2001, in the State and Eastern
District of Wisconsin,
LELAND DAVID HASKENS JR.,
the defendant herein, did knowingly and willfully make
false entries in records of BLE 173 by forging the signature of the BLE 173
alternate Secretary/Treasurer on a union check number 1020 for $360.00. The
check is reproduced below.
[Exhibit]
All in violation of Title 29, United States Code, Section
439(c).
COUNT TWO
THE GRAND JURY FURTHER CHARGES:
5. On or about August 25, 2001, in the State and Eastern
District of Wisconsin,
LELAND DAVID HASKINS JR.,
the defendant herein, did knowingly and willfully make
false entries in records of BLE 173 by forging the signature of the BLE 173
alternate Secretary/Treasurer on union check number 1071 for $52500. The check
is reproduced below.
[Exhibit]
All in violation of Title 29, United States Code, Section
439(c).
COUNT THREE
THE GRAND JURY FURTHER CHARGES:
6. On or about September 28, 2001, in the State and Eastern
District of Wisconsin,
LELAND
DAVID HASKINS JR.,
the defendant herein, did knowingly embezzle $300.00 from
BLE 173 by cashing check number 1084 drawn on BLE 173’s checking account number
0000-17-5188 held at National Exchange Bank. The defendant falsely indicated on
the check, in the memo section, that the check was to be used for a donation
from the union to the Red Cross for the victims of September 11th when,
in fact he used the money for his own benefit. The defendant knew that BLE 173
approved a donation to the Red Cross for the victims of September 11th
but no contribution was ever received by the Red Cross. The check is reproduced
below.
[Exhibit]
All in violation of Title 29, United States Code, Section
501(c).
COUNT FOUR
THE GRAND JURY FURTHER CHARGES:
7. On or about December 5, 2001, in the State and Eastern
District of Wisconsin,
LELAND DAVID HASKINS JR.,
the defendant herein, did knowingly embezzle $725.00 from
BLE 173 by cashing check number 1113 draw on BLE 173 checking account number
0000-17-188 held at National Exchange Bank. The defendant falsely indicated on
the check, in the memo section, that the cheek was to be used to pay wages and
for federal employment taxes to the Internal Revenue Service when, in fact, he
used the money for his own benefit. The check is reproduced below.
[Exhibit]
All in violation of Title 29, United States Code, Section
501(c).
A TRUE BILL:
/SIGNED/____________
FOREPERSON
Dated: ___4/8/03____
/SIGNED/_______________
STEVEN M. BISKUPIC
United States Attorney
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
(For
Offenses Committed On or After November 1, 1987)
V. Case Number: 03-CR-74
LELAND DAVID HASKINS, JR. Nancy Joseph
Defendant’s
Attorney
Gregory J. Haanstad
Assistant United
States Attorney
THE DEFENDANT pleaded guilty to counts one, two, three,
and four of the indictment.
ACCORDINGLY, the court has adjudicated that the
defendant is guilty of the following offense(s):
Date Offense Count
Title & Section Nature of Offense Concluded
Number
29 U.S.C. § 439(c) False entries in records 03/12/01 1
and forgery
29 U.S.C. § 439(c) False entries in records 08/25/01 2
and forgery
29 U.S.C. § 501(c) Embezzlement of assets 09/28/01 3
29 U.S.C. § 501(c) Embezzlement of assets 12/05/01 4
The defendant is sentenced as
provided in Pages 2 through 6 of this judgment. The sentence is imposed
pursuant to the Sentencing Reform Act of 1984.
IT IS ORDERED that the defendant
shall notify the United States Attorney for this district within 30 days of any
change of name, residence, or mailing address until all fines, restitution,
costs, and special assessments imposed by this judgment are fully paid. If
ordered to pay restitution, the defendant shall notify the court and the United States attorney of any material change
in the defendant’s economic circumstances.
Defendant’s Soc. Sec. No.: Date of Imposition of
Judgment
Defendant’s Date of Birth: 0ctober 23, 2003
Defendant’s USM No.:
/SIGNED/________________
Defendant’s Mailing Address: Signature of Judicial
Officer
William C. Griesbach,
U.S. District Judge
Name & Title of Judicial Officer
10/28/03_____________
Date
IMPRISONMENT
The defendant is hereby committed
to the custody of the United States Bureau of Prisons to be imprisoned for a
term of twelve (12) months as to each of Counts 1 and 2 of the indictment and fourteen(14)
months as to each of Counts 3 and 4 of the Indictment, to run concurrently for
a total term of imprisonment of fourteen (14) months.
[X] The court makes the following recommendations to the Bureau of
Prisons:
The court
recommends that the defendant be placed in a correctional facility close in
proximity to Fond du
Lac, WI.
[] The defendant is remanded to the custody of the
United States Marshal.
[] The defendant shall surrender to the United States Marshal for
this district
[] at _____ a.m./p.m. on ____.
[] as notified by the United
States Marshal.
[] as notified by the Probation
or Pretrial Services Office.
[X] The defendant shall surrender for service of sentence at the
institution de by the Bureau of Prisons,
[] before ____ a.m./p.m. on
____.
[] as notified by the United
States Marshal.
[X] as notified by the Probation
or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
____________________________________________________________________
Defendant delivered on
_________________to ___________________________ with a certified copy of this
judgment.
UNITED STATES MARSHAL
By: ________________________
Deputy United States Marshal
SUPERVISED RELEASE
Upon release from imprisonment,
the defendant shall be on supervised release for term of one (1) year as to
each of Counts 1 and 2 of the Indictment end three (3) years as to each of
Counts 3 and 4 of the Indictment, to run concurrently for a total term of
supervised release of three (3) years.
The defendant shall report to the
probation office in the district to which the defendant is released within 72
hours of release from the custody of the Bureau of Prisons.
The defendant shall not commit
another federal, state or local crime.
The defendant shall not illegally
possess a controlled substance. Such possession will result in revocation of
the supervision term and the defendant will be obligated to serve a further
term in prison.
For offenses committed on or after September 13, 1994:
The defendant shall refrain from
any unlawful use of a controlled substance. The defendant shall submit to one
drug test within 15 days of release from imprisonment and at least two periodic
drug tests within one year from the commencement of supervision.
The defendant shall not possess a
firearm, destructive device, or any other dangerous weapon.
If this judgment imposes a fine or
a restitution obligation, it shall be a condition of supervised release that
the defendant pay any such fine or restitution that remains unpaid at the
commencement of the term of supervised release in accordance with the Schedule
of Payments set forth in the Criminal Monetary Penalties sheet of this
judgment.
The defendant shall comply with
the standard conditions that have been adopted by this court (set forth below).
The defendant shall also comply with the additional conditions on the attached
page.
STANDARD CONDITIONS OF SUPERVISION
1. the defendant shall not leave the judicial district without
permission of the court or probation officer;
2. the defendant shall report to the probation officer and shall
submit a truthful and complete written report within the first five days of
each month;
3. the defendant shall answer truthfully all inquiries by the
probation officer and follow the instructions of the probation officer:
4. the defendant shall support his or her dependents and meet other
family responsibilities;
5. the defendant shall work regularly at a lawful occupation,
unless excused by the probation officer for schooling, training, or other
acceptable reasons;
6. the defendant shall notify the probation officer at least ten days
prior to any change in residence or employment;
7. the defendant shall refrain from excessive use of alcohol and
shall not purchase, possess, use, distribute, or administer any controlled
substance or any paraphernalia related to any controlled substances, except as
prescribed by a physician;
8. the defendant shall not frequent places where controlled
substances are illegally sold, used, distributed, or administered;
9. the defendant shall not associate with any persons engaged in
criminal activity, and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;
10. the defendant shall permit a probation officer to visit him or
her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view by the probation officer;
11. the defendant shall notify the probation officer within
seventy-two hours of being arrested or questioned by a law enforcement officer;
12. the defendant shall not enter into any agreement to act as an
informer or a special agent of a law enforcement agency without the permission
of the court;
13. as directed by the probation officer, the defendant shall notify
third parties of risks that may be occasioned by the defendant’s criminal
record or personal history or characteristics and shall permit the probation
officer to make such notification and to confirm the defendants compliance with
such notification requirement.
ADDITIONAL SUPERVISED RELEASE
TERMS
1. The defendant is to pay the restitution at a rate of not less
than $1O0 per month. The defendant will also apply 100 percent of his or her
yearly federal and state tax refunds toward payment of the fine. The defendant
shall not change exemptions without prior notice of the supervising probation
officer.
2. The defendant shall not open new lines of credit, which includes
the leasing of any vehicle or other property, or use existing credit resources
without the prior approval of the supervising probation officer,
3. The defendant is to provide access to all financial information
requested by the supervising probation officer including, but not limited to,
copies of all federal and state tax returns. All tax returns shall be filed in
a timely manner. The defendant shall also submit monthly financial reports to
the supervising probation officer.
4. The defendant shall not hold employment having fiduciary
responsibilities during the supervision term without first notifying the
employer of his or her conviction. The defendant shall not hold self-employment
having fiduciary responsibilities without approval of the supervising probation
officer.
5. The defendant shall participate in a mental health treatment
program and shall take any and all prescribed medications as directed by the
treatment provider and participate in any psychological/psychiatric evaluation
and counseling as approved by the supervising probation officer. The defendant
shall pay the cost of such treatment under the guidance and supervision of the
supervising probation officer.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the
following total criminal monetary penalties in accordance with the schedule of
payments set forth on the attached page.
Assessment Fine Restitution
Totals: $250.00 $0.00 $37,900.12
[] The determination of restitution is deferred until ____. An
Amended Judgment in a Criminal Case (AO 245C) will be entered after such
determination.
[] The defendant shall make restitution (including community
restitution) to the following payees in the amount listed below.
If a defendant makes a partial
payment, each payee shall receive an approximately proportioned payment, unless
specified otherwise in the priority order or percentage payment column below.
However, pursuant to 18 U.S.C. § 3664(I), all nonfederal victims must be paid In
full prior to the United
States receiving
payment.
Priority Order
**Total Amount of of
Percentage
Name of Payee Amount of Loss Restitution
Ordered of Payment
Roger Bussey $ 37,900.12 $37,900.12
Attn: President, BLE Union
72 South Park Street
Fond du Lac, WI 54935
Totals: $ 37,900.12 $37,900.12
[] Restitution amount ordered pursuant to plea
agreement: $ ___________
[] The defendant shall pay interest on any fine or restitution of
more than $2,500.00, unless the fine or restitution is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f).
All of the payment options included in this judgment may be subject to
penalties for delinquency and default, pursuant to 18 U.S.C. 3612(g).
[] The court determines that the defendant does not have the
ability to pay interest, and it is ordered that:
[] the interest
requirement is waived for the [] fine and/or
[]
restitution.
[] the
interest requirement for the [] fine and/or [] restitution is
modified
as follows:
* * Findings for the total amount of losses are required
under Chapters 109A, 110, 11OA, and 113A of Title 18, United States Code, for
offenses committed on or after September 13, 1994 but before April 23, 1996.
SCHEDULE OF PAYMENTS
Having assessed the defendant’s
ability to pay, payment of the total criminal monetary penalties shall be due
as follows;
A [] Lump sum payment of $_______ due immediately,
balance due
[] not later than _________, or
[] in accordance with [] C, [] D, or [] E below; or
B [X] Payment to begin immediately (may be combined
with [] C, [X] D,
[] E below); or
C [] Payment in monthly installments of $____ until
paid in full, to
commence 30 days after the date of this
judgment; or
D [X] Payment in monthly installments of $100.00
until paid in full,
to commence 30 days after release from
imprisonment to a term
of supervision; or
E [] Special instructions regarding the payment of
criminal monetary
penalties;
Unless the court has expressly
ordered otherwise in the special instructions above if this judgment imposes a
period of imprisonment, payment of criminal monetary penalties shall be due
during the period of imprisonment. All criminal monetary penalty payments,
except those payments made through the Bureau of Prisons’ Inmate Financial
Responsibility Program are made to the clerk of court, unless otherwise
directed by the court, the probation officer, or the United States attorney.
The defendant shall receive credit
for all payments previously made toward any criminal monetary penalties
imposed.
[] Joint and Several
Defendant Name, Case Number, and
Joint and Several Amount:
[] The defendant shall pay the cost of prosecution
[] The defendant shall pay the following court costs
[] The defendant shall forfeit the defendant’s interest in the
following property to the United States:
Payments shall be applied in the
following order: (1) assessment, (2) restitution principal, (3) restitution
interest, (4) fine principal, (5) community restitution, (6) fine interest, (7)
penalties, and (8) costs, including cost of prosecution and court costs.
