IN THE UNITED STATES DISTRICT
COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
UNITED STATES OF AMERICA,
PLAINTIFF, CR. NO. 03-20222
MIP
vs. 29 U.S.C. §
439(c)
DONALD G. HILD, SR., 18 U.S.C. § 2
DEFENDANT. (MISDEMEANOR)
INFORMATION
THE UNITED STATES ATTORNEY CHARGES:
COUNT 1
1. At all times material to this
Information, the International Alliance of Theatrical Stage Employees Local 69
was a labor organization in an industry affecting commerce within the meaning
of §§ 402(i) and 402(j) of Title 29, United States Code.
2. At all times material to this
Information, the International Alliance of Theatrical Stage Employees Local 69
provided producers of various theatrical shows and conventions staged in Memphis, Tennessee, with the services of its member stagehands, grips and
carpenters. In this role the union acted as both an employment agent and
paymaster. Acting as an employment agent, the union would provide a producer of
a particular theatrical show or convention with the workers the producer required
to stage the particular event. At the conclusion of the event, the union would
submit an official union invoice to the producer which identified which union
members had worked at the particular event, the dates they had worked and the
amount of gross pay due the individual union member. The union had previously
contracted with a payroll company (“the payroll company”) to serve as paymaster
for the union. Based upon the union invoice, the producer would pay the payroll
company the total amount of the invoice, and the payroll company, acting as
paymaster, would then collect and pay federal income tax withholding and social
security payments and pay the individual members based upon the figures
contained in the invoice, less any social security payments and federal income
tax withholding due and owing.
3. At all times material to this
Information, the defendant was a member of Local 69 of the International
Alliance of Theatrical and Stage Employees.
4. On or about August of 1998, in
the Western District of Tennessee, the defendant,
DONALD G. HILD, SR.
being aided and abetted by others, did willfully make and
cause to be made a false entry in a record required to be maintained by § 436
of Title 29, United States Code, that is, an invoice from Local 69 of the
International Alliance of Theatrical and Stage Employees to the producers of
the Helen Brett Gift Show for services provided by members of Local 69, and
which showed amounts of wages due and owing to union members who worked at the
Helen Brett Gift Show, a record on matters required to be reported in the
annual financial report of the International Alliance of Theatrical Stage
Employees Local 69 and required to be filed with the Secretary of Labor.
All in violation of Title 29,
United States Code, § 439(c) and Title 18, United States Code, § 2.
/SIGNED/________________
Terrell L.
Harris
United States
Attorney
Western District of Tennessee
DATE: 6-23-03
IN THE UNITED STATES DISTRICT
COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs. CR.NO.
03-20222-MI-P
DONALD G. HILD, SR.,
Defendant.
PLEA AGREEMENT
The United States of America (“United States”) and Donald G. Hild, Sr., the defendant in this action,
hereby agree to the following terms, conditions and understandings:
1. The defendant agrees to enter a
plea of guilty to an information charging the defendant with one count of
violating Title 29, United States Code, § 439(c) and Title 18, United States
Code, § 2. The parties agree that this violation is punishable by no more than
one year imprisonment, a fine of no more than $l000,000.O0, or both, together
with a term of supervised release of no more than one year and a mandatory
special assessment of $25.00.
2. Pursuant to Fed. R. Crim. P.
11(e)(1), the United
States will
recommend to the district court that the defendant be sentenced to the low end
of the applicable sentencing guideline. It is understood by the parties hereto
that this recommendation is not binding upon the district court.
3. The United States agrees that
in consideration of the defendant’s plea of guilty to the one count information
described herein, it will not prosecute the defendant for his role in
violations of federal law arising from the reporting of wages and social
security credits that the defendant earned while a member of Local 66 of the
International Alliance of Theatrical Stage Employees on jobs in which the union
submitted an official union invoice to the producer of the event detailing the
individual union members who had worked on the particular job and which
occurred during calendar years 1996, 1997, and 1998.
4. The parties further agree that
if the defendant moves to withdraw his guilty plea in this case and is
successful, then Paragraph 3, herein, shall be rendered null and void and the
government shall be released from its promise not to prosecute the defendant as
set forth in Paragraph 3, herein.
The undersigned parties do hereby consent and agree to the
terms herein this 26th day of June, 2003.
/SIGNED/________________
Joseph C.
Murphy, Jr.
Assistant U.S. Attorney
/SIGNED/________________
Mr. J. Keith Treadway
Attorney for Defendant
Donald G. Hild, Sr.
________________________
Donald G. Hild, Sr.
Defendant
