UNITED
STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
UNITED STATES OF AMERICA, NO. CR04 5624 FDB
Plaintiff INFORMATION
V.
LORRAINE EDWARDS, (Felony)
Defendant.
The United States Attorney charges that
COUNT 1
(Embezzlement and Theft of Labor Union Assets)
Beginning on or about December 2,
1998, and continuing until on or about December 13, 1999, in the Western
District of Washington, at Yelm, Washington, LORRAINE EDWARDS, while Treasurer
of Fellow Associates Involved in Representation, a labor organization engaged
in an industry affecting commerce within the meaning of Title 29, United States
Code, Sections 402(i) and 402(j), did embezzle, steal, and unlawfully and
willfully abstract and convert to her own use, the moneys, funds, securities,
property, and other assets of said labor organization, in the approximate
amount of four thousand three hundred forty eight dollars and forty four cents ($4,348.44),
All in violation of Title 29, United
States Code, Section 501(c).
COUNT 2
(Concealing, Withholding and
Destruction of Financial
Records Required To Be Kept By Labor Union)
Beginning in January 1998, and
continuing until January 2000, in the Western District of Washington, at Yelm,
Washington, LORRAINE EDWARDS, while Treasurer of Fellow Associates Involved in Representation,
a labor organization engaged in an industry affecting commerce within the
meaning of Title 29, United States Code Sections 402(i) and 402(j), did willfully
conceal, withhold, and destroy records required to be maintained by Section 436
of Title 29, United States Code, that is, financial records of Fellow
Associates Involved in Representation.
All in violation of Title 29,
United States Code, Sections 439(c).
COUNT 3
(Failure to File Required Reports)
Beginning in January 1998, and
continuing until January 1999, LORRAINE EDWARDS, while Treasurer of Fellow
Associates Involved in Representation, a labor organization engaged in an
industry affecting commerce within the meaning of Title 29, United States Code,
Sections 402(i) and 402(j), was required to file annual financial reports by
Title 29. United States Code, Section 431, and willfully failed to file said
reports.
All in violation of Title 29,
United States Code, Sections 439(a) and 439(d).
COUNT 4
(Failure to Maintain Records)
Beginning in January 1998, and
continuing until January 1999, LORRAINE EDWARDS, while Treasurer of Fellow
Associates Involved in Representation, a labor organization engaged in an
industry affecting commerce within the meaning of Title 29, United States Code,
Sections 402(i) and 402(j), was required to file annual financial reports by
Title 29, United States Code, Section 431, and willfully failed to maintain records
required by Title 29, United States Code, Section 436.
All in violation of Title 29,
United States Code, Section 436 and 439(a).
DATED this 4th day
of November, 2004.
/SIGNED/___________
JOHN McKAY
Assistant United
States Attorney
/SIGNED/___________
SUSAN M. HARRISON
Assistant United
States Attorney
/SIGNED/___________
KARYN S. JOHNSON
Assistant United
States Attorney
UNITED STATES DISTRICT COURT
WESTERN
DISTRICT OF WASHINGTON
AT TACOMA
UNITED STATES OF AMERICA, NO. CR04-5624 FDB
Plaintiff,
v. PLEA AGREEMENT
LORRAINE EDWARDS,
Defendant.
The United States of America, by and through John McKay,
United States Attorney for the Western District of Washington, and Karyn S. Johnson, Assistant
United States Attorney for said District, and the defendant, Lorraine Edwards,
and her attorney, Christine D. Langley, enter into the following Agreement,
pursuant to Federal Rule of Criminal Procedure 11(c):
1. Waiver of Indictment.
Defendant, having been advised of the right to be charged by Indictment, agrees
to waive that right and enter pleas of guilty to the charges brought by the
United States Attorney in an Information.
2. The Charges. Defendant,
having been advised of the right to have this matter tried before a jury,
agrees to waive that right and enter pleas of guilty to the following charges
contained in the Information. By entering these pleas of guilty, Defendant
hereby waives all objections to the form of the charging document.
a. Embezzlement and Theft
of Labor Union Assets, as charged in Count 1, in violation of Title 29, United
States Code, Section 501(c);
b. Concealing,
Withholding, and Destruction of Financial Records Required To Be Kept By Labor
Union, as charged in Count 2, in violation of Title 29, United States Code,
Section 439(c).
c. Failure to File
Required Reports, as charged in Count 3, in violation of Title 29 United States
Code, Sections 439(a) and 439(d).
d. Failure to Maintain
Required Records, as charged in Count 4, in violation of Title 29, United States
Code, Section 439(c).
3. Elements of the Offense.
a. The elements of the
offense of Embezzlement and Theft of Labor Union Assets, is charged in Count 1,
in violation of Title 29, United States Code, Section 501(c), are as follows:
First, the entity embezzled from was a
labor union organization within the meaning of 29 U.S.C. §§ 402(i) and 402 (j);
Second, the defendant was an officer of
the labor organization within the meaning of 29 U.S.C. §§ 402(n) during the
period when the offense occurred;
Third, the actions of the defendant
constituted embezzlement, stealing, or unlawful and willful abstraction or
conversion to her own use or that of another; and,
Fourth, the assets taken were moneys
funds, securities, properties, or other assets of the labor organization.
b. The elements of the
offense of Concealing, Withholding, and Destruction of Financial Records
Required To Be Kept By Labor Union, as charged in Count 2, in violation of
Title 29, United States Code, Section 439(c), are as follows:
First, a record required to be kept
under 29 U.S.C. § 436 was concealed, withheld or destroyed;
Second, the defendant concealed,
withheld or destroyed the record;
and
Third,
the defendant acted willfully.
c. The elements of the offense
of Failure to File Required Reports, as charged in Count 3, in violation of Title
29, United States Code, Sections 439(a) and 439(d), are as follows:
First, a report required to be filed by
29 U.S.C. § 431 was not filed;
Second, the defendant was required to
file a report under 29 U.S.C. § 43l; and
Third, the defendant’s failure to file
the report was willful.
d. The elements of the
offense of Failure to Maintain Required Records, as charged in Count 4, in
violation of Title 29, United States Code, Sections 436 and 439(c), are as
follows:
First, a record required to be maintained
by 29 U.S.C. § 436 was not maintained;
Second, the defendant was required to
maintain records under 29 U.S.C. § 436; and
Third,
the failure to maintain the record was willful.
4. The Penalties.
a. Defendant understands
that the statutory penalties for the offense of Embezzlement and Theft of Labor
Union Assets as charged in Count 1, are as follows:
Imprisonment for up to five (5) years, a fine of up to ten
thousand dollars ($ 10,000.00), a period of supervision following release from
prison up to three (3) years, and one hundred dollar ($100.00) penalty
assessment. If defendant receives a sentence of probation, the probationary
period could be up to five (5) years. Defendant agrees that the penalty assessment
shall be paid at or before the time of sentencing.
b. Defendant understands that the statutory
penalties for Concealing, Withholding, and Destruction of Financial Records
Required To Be Kept By Labor Union as charged in Count 2; Failure to File
Required Reports as charged in Count 3: and Failure to Maintain Required
Records a charged in Count 4, are as follows for each count:
Imprisonment for up to one (1) year, a fine of up to ten
thousand dollars ($10,000.00), a period of supervision following release from
prison up to one (1) year, and a twenty five dollar ($25.00) penalty assessment.
c. Defendant understands
that in addition to any term of imprisonment and/or fine that is imposed, the
Court may order Defendant to pay restitution to any victim of the offense, as
required by law.
Defendant agrees that any monetary
penalty the Court imposes, including the special assessment, fine, costs or
restitution, is due and payable immediately, and further agrees to submit a
completed Financial Statement of Debtor form as requested by the United States
Attorney’s Office.
Defendant understands that
supervised release is a period of time following imprisonment during which she
will be subject to certain restrictions and requirements.
Defendant further understands that
if supervised release is imposed and she violates one or more of its
conditions, she could be returned to prison for all or part of the term of supervised
release that was originally imposed. This could result in Defendant serving a total
term of imprisonment greater than the statutory maximum stated above.
Defendant further understands and
acknowledges that, pursuant to Title 29, United States Code, Section 504, she
will be prohibited from holding any union office, or being employed by any
union, for a period of thirteen (13) years from the date of her conviction, or
from the end of any period of imprisonment imposed. Defendant hereby waives her
right under Title 29, United States Code, Section 504, to file a motion with
the court requesting that this period of prohibition be reduced.
5. Rights Waived by Pleading
Guilty. Defendant understands that, by pleading guilty, she knowingly and
voluntarily waives the following rights:
a. The right to plead not
guilty, and to persist in a plea of not guilty;
b. The right to a speedy
d public trial before a jury of Defendant’s peers;
c. The right to the
effective assistance of counsel at trial, including, if Defendant could not
afford an attorney, the right to have the Court appoint one for Defendant;
d. The right, to be
presumed innocent until guilt has been established at trial, beyond a
reasonable doubt;
e. The right to confront
and cross-examine witnesses against Defendant at trial;
f. The right to compel or
subpoena witnesses to appear on Defendant’s behalf at trial;
g. The right to testify
or to remain silent, at trial, at which trial such silence could not be used
against Defendant;
h. The right to appeal a
finding of guilt or any pretrial rulings;
i. The right, to the extent
required by law, to have sentencing factors charged in the Information or determined
by a jury beyond a reasonable doubt.
6. United States Sentencing Guidelines. Defendant understands and
acknowledges that, absent applicable intervening law:
a. The United States Sentencing Guidelines,
promulgated by the United Stales Sentencing Commission, are applicable to this case;
b. The Court will
determine Defendant’s applicable Sentencing Guidelines range at the time of
sentencing;
c. The Court may impose
any sentence authorized by law including a sentence that, under some circumstances,
departs from any applicable Sentencing Guidelines range up to the maximum term authorized
by law;
d. The Court is not bound
by any recommendation regarding the sentence to be imposed, or by any
calculation or estimation of the Sentencing Guidelines range offered by the
parties, or by the United States Probation Department; and
e. Defendant may not
withdraw a guilty plea solely because of the sentence imposed by the Court.
7. Ultimate Sentence.
Defendant acknowledges that no one has promised or guaranteed what sentence the
Court will impose.
8. Restitution. Defendant
shall make restitution to Fellow Associates Involved in Representation in the
amount of four thousand three hundred forty eight dollars and forty four cents
($4,348.44), with credit for any amounts already paid. Said amount shall be due
and payable immediately and shall be paid in accordance with a schedule of payments
as set by the United States Probation Office and ordered by the Court.
9. Statement of Facts. The
parties agree on the following facts in support of Defendant’s guilty plea and
sentencing. Defendant admits she is guilty of the charged offenses and
expressly waives any right to have these facts determined by a jury beyond a reasonable
doubt.
Fellow
Associates Involved in Representation (“FAIR”) is, and was at all applicable
periods, an independent labor organization engaged in an industry affecting
commerce within the meaning of 29 U.S.C. §§ 402(i) and 402(j) as evidenced by a
collective bargaining agreement, as amended for 2001-2003, with Lasco Bathware,
Inc., an employer engaged in interstate commerce, FAIR and Lasco Bathware, Inc.
are located in Yelm, Washington. FAIR has approximately 175 members, all of
whom work for Lasco Bathware’s manufacturing plant in Yelm. A member’s annual dues
to FAIR is $15.00.
Lorraine
Edwards became the Treasurer of FAIR in 1998. Edwards was the Treasurer until
1999, when she quit her job at Lasco Bathware and subsequently left her
position at the union. As Treasurer of FAIR, it was Edwards’ duty to keep the
financial books and records of the union, get expenditures in excess of $50.00 authorized
by the Executive Board, write checks for payment of bills, balance the checkbook
each month, audit the bank account statements monthly, and report on the
finances at FAIR’s Executive Board meetings. Edwards had the overall responsibility
for the finances of FAIR. As Treasurer of FAIR, Edwards was also required to
sign and file with the Secretary of Labor an annual financial report during
1998 and 1999. Edwards was also required to maintain records on the matters
required to be reported in the annual financial reports.
Edwards willfully
failed to sign and file annual financial reports in 1998 end 1999. Edwards also
willfully failed to maintain records on the matters required to be reported in
annual financial reports. In fact, Edwards willfully concealed, withheld and
destroyed records that FAIR was required to maintain.
Between
December 2, 1998 and December 1999, during the time that Edwards was FAIR’s
Treasurer, Edwards willfully converted $4,248.44 of union funds to her own use
by writing unauthorized checks on FAIR’s bank account. Edwards wrote six checks
to various vendors totaling $730.94 to pay for goods and services that Edwards
put to her personal use. Edwards also wrote 10 checks payable to cash, which
she kept, thereby converting approximately $3,285.00 of FAIR’s money for her
personal use. Edwards also incurred $132.50 in bank overdraft charges caused by
her embezzlement of union funds. Edwards embezzled all of FAIR’s money, in fact,
she overdrew FAIR’s account by $615.09. Union members later contributed dues
for the upcoming year so the officers could make up the overdrawn amount and
close the account. Edwards also kept at least $100.00 in cash from the proceeds
of FAIR’s garage sale, which did not belong to her.
10. Sentencing Factors. The
parties agree and stipulate that the facts admitted by Defendant in the Statement
of Facts in this Plea Agreement support the application of the following Sentencing
Guidelines. Defendant expressly waives her right to have any of these
sentencing factors charged in the Information or determined by a jury beyond a
reasonable doubt.
a. For count 1, a base
offense level of 6, pursuant to USSG § 2B1.l.
b. For counts 2,3, and 4,
a base offense level of 6 pursuant to USSG § 2E5.3.
c. A two-level increase
to Defendant’s offense level, pursuant to USSG § 3B1.3 because defendant abused
a position of public or private trust in a manner that significantly
facilitated the commission or concealment of the offense.
11. Loss Amount. For
purposes of determining the appropriate sentence, the United States and Defendant stipulate and agree
that four thousand three hundred forty eight dollars and forty four cents ($4,348.44)
is the correct amount of loss for purposes of sentencing.
Defendant further agrees that she expressly
waives any right to have this stipulated amount of loss charged in the
Information or determined by a jury beyond a reasonable doubt.
12. Acceptance of Responsibility.
The United States acknowledges that Defendant has
assisted the United
States by timely
notifying the authorities of her intention to plead guilty, thereby permitting
the United States to avoid preparing for trial and
permitting the Court to allocate its resources efficiently. If at the time of
sentencing, the United
States remains
satisfied that Defendant has accepted responsibility, then it will recommend a
sentence that takes this acceptance of responsibility into consideration. Defendant
understands and agrees that the United States will base its recommendation on factors set forth in the
United States Sentencing Guidelines, including Section 3E1.1.
13. Non-Prosecution of Additional
Offenses. As part of this Plea Agreement, the United States Attorney’s Office
for the Western District of Washington agrees not to prosecute Defendant for
any additional offenses known to it as of the time of this Agreement that are
based upon evidence in its possession at this time, or that arise out of the
conduct giving rise to this investigation. In this regard, Defendant recognizes
that the United
States has agreed
not to prosecute all of the criminal charges that the evidence establishes were
committed by Defendant solely because of the promises made by Defendant in this
Agreement. Defendant acknowledges and agrees, however, that for purposes of
preparing the Presentence Report, the United States Attorney’s Office will provide
the United States Probation Office with evidence of all relevant conduct committed
by Defendant.
14. Voluntariness of Plea.
Defendant acknowledges that she has entered into this Plea Agreement freely and
voluntarily, and that no threats or promises, other than the promises contained
in this Plea Agreement, were made to induce Defendant to enter these pleas of guilty.
15. Statute of Limitations.
In the event that this Agreement is not accepted by the Court for any reason,
or Defendant has breached any of the terms of this Plea Agreement, the statute
of limitations shall be deemed to have been tolled from the date of the Plea
Agreement to: (1)30 days following the date of non-acceptance of the Plea Agreement
by the Court; or (2) 30 days following the date on which a breach of the Plea Agreement
by Defendant is discovered by the United States Attorney’s Office.
16. Post-Plea Conduct. Defendant
understands that the terms of this Plea Agreement apply only to conduct that
occurred prior to the execution of this Agreement. If, after the date of this
Agreement, Defendant should engage in illegal conduct, or conduct that is in
violation of her conditions of release (examples of which include, but are not
limited to: obstruction of justice, failure to appear for a court proceeding,
criminal conduct while pending sentencing, and false statements to law
enforcement agents, the Pretria1 Services Officer, Probation Officer or Court),
the United States is free under this agreement to seek a sentence that takes
such conduct into consideration. Such a sentence could include, to the extent
the United States Sentencing Guidelines are applicable, a sentencing
enhancement or upward departure.
17. Completeness of Agreement.
The United States and Defendant acknowledge that
these terms constitute the entire Plea Agreement between the parties. This
Agreement only binds the United States Attorney’s Office for the Western
District of Washington. It does not bind any other United States Attorney’s
Office or any other office or agency of the United States, or any state or local prosecutor.
Dated this 8th day of
November, 2004.
/SIGNED/______________
LORRAINE EDWARDS
Defendant
/SIGNED/______________
CHRISTINE D. LANGLEY
Attorney for Defendant
/SIGNED/______________
SUSAN M. HARRISON
Assistant United
States Attorney
/SIGNED/______________
KARYN S. JOHNSON
Assistant United
States Attorney
