IN THE UNITED
STATES DISTRICT COURT
FOR THE NORTHERN
DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA,
INDICTMENT
Plaintiff,
CASE NO. 1:03CR492
v.
JUDGE MATIA
ALLAN L. SPATES,
Title 18, Sections 1001 and 2,
Defendant.
United States Code; and Title 29,
Section 501(c),
United States Code
COUNT 1
The Grand Jury charges:
1. That all times hereinafter mentioned and within the meaning of Sections
3(i) and 3 (j) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§402(i) and
402(j), hereinafter referred to as the Act:
(a) The Paper, Allied-Industrial, Chemical and Energy Workers, Local 5-1250, hereinafter referred
to as the Union, was and is a labor organization representing employees in an industry affecting
commerce and has conducted and conducts it operations in Solon, Ohio, and Bedford Heights, Ohio, and
maintains an office in Ravenna, Ohio.
(b) At all times relevant herein, the defendant, ALLAN L. SPATES, was the President of the Union
and as such was an officer and an employee of a labor organization within the meaning of sections 3(f)
and 3(n) of the Act (29 U.S.C. §§402(f) and (n)].
2. In or about September 2001, in the Northern District of Ohio, Eastern
Division, and elsewhere, the defendant, ALLAN L SPATES, did unlawfully and willfully embezzle, steal,
and abstract and convert to his own use, and the use of others, Union members' dues payments amounting
to approximately nine thousand seven hundred and fifty-eight dollars and twenty cents ($9,758.20),
which monies and funds belonged to said Union.
All in violation of said Act (Title 29, Section 501(c), United States Code).
COUNT 2
The Grand Jury further charges:
1. Paragraph 1 of Count 1 is incorporated as if fully realleged herein.
2. That from approximately April 2001, through September 2001, in the
Northern District of Ohio, Eastern Division, and elsewhere, the defendant, ALLAN L. SPATES, did
unlawfully and willfully embezzle, steal, and abstract and convert to his own use, and the use of
others, through the unauthorized use of the Union's debit card, approximately nine thousand nine
hundred and five dollars and one cent ($9,905.01), which monies and funds belonged to said Union.
All in violation of said Act (Title 29, Section 501(c), United
States Code).
COUNT 3
The Grand Jury further charges:
1. Paragraph 1 of Count 1 is incorporated as if fully realleged herein.
2. That from approximately April 2001, through September 2001, in the
Northern District of Ohio, Eastern Division, and elsewhere, the defendant, ALLAN L. SPATES, did
unlawfully and willfully embezzle, steal, and abstract and convert to his own use, and the use of
others, assets of the Union, amounting to approximately five thousand three hundred and six dollars
and ninety-two cents ($5,306.92), which monies and funds belonged to said Union.
All in violation of said Act (Title 29, Section 501(c), United
States Code).
COUNT 4
The Grand Jury further charges:
1. Paragraph 1 of Count 1 is incorporated as if fully realleged herein.
2. That from approximately January 1, 2000, through October 2001, in the
Northern District of Ohio, Eastern Division, and elsewhere, the defendant, ALLAN L. SPATES, did
unlawfully and willfully, embezzle, steal, and abstract and convert to his own use, and the use of
others, lost time payments to which the defendant was not entitled, amounting to approximately three
thousand seven hundred and eighty-four dollars and fifteen cents ($3,784.15), which monies and funds
belonged to said Union.
All in violation of said Act (Title 29, Section 501(c), United S
tates Code).
COUNT 5
The Grand Jury further charges:
1. Paragraph 1 of Count 1 is incorporated as if full realleged herein.
2. That from approximately January 1, 2000, through October 2001, in the
Northern District of Ohio, Eastern Division, and elsewhere, the defendant, ALLAN L. SPATES, did
unlawfully and willfully embezzle, steal, and abstract and convert to his own use, and the use of
others, the unauthorized reimbursement payments of purported expenses to which the defendant was not
entitled, amounting to approximately nine hundred and ninety-two dollars ($992.00), which monies and
funds belonged to said Union.
All in violation of said Act (Title 29, Section 501(c), United
States Code).
COUNT 6
The Grand Jury further charges:
1. Paragraph 1 of Count 1 is incorporated as if fully realleged herein.
2. On or about April 8, 2002, in the Northern District of Ohio, Eastern
Division, and elsewhere, the defendant, ALLAN L. SPATES, knowingly and willfully made, and caused to be
made, false and fraudulent statements and representations in a matter within the jurisdiction of the
United States Department of Labor, a department and agency of the United States, in that the defendant
caused to be prepared and submitted, an annual financial report form known as a Form LM-3 Labor
Organization Annual Report, for the Union's fiscal year, from January 1, 2001, through December 31,
2001, wherein the defendant represented, and caused to be represented, that he had received $4,834.00
in salary and allowances and other disbursements from the Union during that fiscal year, and that the
Union had annual receipts of $77,937.00 and had disbursements of $110,450.00, when, in truth and fact,
as the defendant well knew, he had received substantially more than $4,834.00 in payments from the
Union during that fiscal year and the Union had received significantly more in receipts and had made
significantly more in disbursements during this fiscal year, said additional, undisclosed receipts and
disbursements having been embezzled, stolen, abstracted and converted by the defendant, ALLAN L SPATES,
for his own personal use and the use of others.
All in violation of Title 18, United States Code, Sections 1001 and 2.
A TRUE BILL.
___________________
FOREPERSON
___________________
GREGORY A. WHITE
UNITED STATES ATTORNEY
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