UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA
Plaintiff,
Cause No. IP 04-173-CR H/F
v.
DANNY J. FULLER,
Defendant.
INFORMATION
The United States Attorney charges that:
Beginning in or about October 1999 and continuing to approximately October
2002, in Shelbyville, Indiana, within the Southern District of Indiana,
the defendant herein, then being an officer of a labor organization did embezzle and steal moneys and
funds from The labor organization; to wit, DANNY J. FULLER, while holding the position of financial
secretary in the Glass Molders Plastics Local 32 labor union, did embezzle and steal moneys and funds of
said labor union in the approximate amount of $19,546.19.
All of which is a violation of Title 29, United States Code, Section 501(c).
/SIGNED/____
SUSAN W. BROOKS
United States Attorney
STATE OF INDIANA
SS:
COUNTY OF MARION
Gayle L. Helart, being first duly sworn, upon her oath deposes and says that she is an Assistant
United States Attorney in and for the Southern District of Indiana, that she makes this affidavit for
and on behalf of the United States of America and that the allegations in the foregoing Information are
true as she is informed and verily believes.
/SIGNED/_____
Gayle L. Helart
Assistant United States Attorney
Subscribed and sworn to before me, a notary public, on this 22nd day of October, 2004
/SIGNED/_____
Sharon Szeszycki
Notary Public
My Commission Expires:
November 19, 2006
My County of Residence:
Hancock
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA
Plaintiff,
Cause No. IP 04-CR-173-01 H/F
v.
DANNY J. FULLER,
Defendant.
PLEA AGREEMENT
The United States of America, by counsel, Susan W. Brooks, United States
Attorney for the Southern District of Indiana, and by Gayle L. Helart, Assistant United States Attorney,
and the Defendant, DANNY J. FULLER, in person and by counsel, James C. McKinley, hereby inform the Court
that a Plea Agreement has been reached in this cause pursuant to Federal Rule of Criminal Procedure 11(c)
(1)(B) and the following is its terms and conditions:
1. DANNY J. FULLER agrees to plead guilty to a one Count Information charging
him with a violation of Title 29, United States Code §501(c) (embezzling moneys and funds of a labor
union of which he is an officer).
The statutory penalty for a violation of 29 U.S.C. §501(c) is a term of
imprisonment of not more than 5 years, a fine of not more than $250,000, and a term of supervised release
of , not more than 3 years. The elements of the offense alleged in Count One of the Information are: 1)
the defendant was an officer of a labor organization; 2) at the time that the defendant was an officer,
the defendant embezzled moneys and funds of the labor organization without authorization.
GENERAL PROVISIONS
2. DANNY J. FULLER understands that, should the Court accept this Plea
Agreement, he will be sentenced pursuant to the Sentencing Guidelines established by the United States
Sentencing Commission. He understands that the final determination concerning the applicable guideline
calculation, criminal history category, and sentencing guideline range will be made by the Court.
3. DANNY J. FULLER acknowledges that this Plea Agreement is governed by
Federal Rule of Criminal Procedure 11(c)(1)(B) and that the determination of his sentence is within the
discretion of the Court. He understands that if the Court decides to impose a sentence higher or lower
than any recommendation of either party, or determines a different sentencing guideline range applies in
this case, or decides to depart from the otherwise applicable sentencing guideline range pursuant to
Title 18, United States Code, §3553(b), then he will not be permitted to withdraw his plea of guilty for
that reason and will be bound by his plea of guilty.
4. DANNY J. FULLER understands and agrees that the Government's position is
based on the information currently known to the Government.
SPECIFIC PROVISIONS
5. DANNY FULLER will pay a total of $100 on the date of sentencing or as
ordered by the Court to the Clerk, United States District Court, which amount represents the mandatory
special assessment fee imposed pursuant to Title 18, United States Code, §3013.
6. At the time of sentencing, the Government will not ask the Court to impose
an upward departure.
7. At the time of sentencing, the Government will make known to the Court the
nature, extent and timing of the acceptance of responsibility of DANNY J. FULLER.
8. The parties agree that DANNY J. FULLER will be ordered to pay restitution
to:
GMP International
608 E. Ba1timore Pike
Media, PA 1906
in the amount of $19,546.19, pursuant to pursuant to 18 United States Code, §3663A (mandatory
restitution to a victim who suffered a pecuniary loss). As of the date of this plea agreement, DANNY
J. FULLER has paid $680.00 leaving the restitution to be ordered paid in the amount of $18,866.19.
9. DANNY J. FULLER understands that as a consequence of his guilty plea, he
will be barred from serving as an officer in a labor organization for a period of thirteen (13) years
after his conviction pursuant to 29 USC §504(a).
10. Both parties reserve the right to present evidence and arguments
concerning whether the Court should impose a fine in this case and the amount of any such fine.
11. DANNY J. FULLER understands that he has the statutory right to appeal the
sentence imposed and the manner in which the sentence was determined. Acknowledging this right and in
exchange for the concessions made by the United States in this Plea Agreement, he agrees that in the
event the Court sentences him to 12 months or less, he expressly waives his right to appeal the sentence
conferred by Title 18, United States Code, §3742. Additionally, he also expressly agrees not to contest
his sentence or the manner in which it was determined in any collateral attack, including, but not
limited to, an action brought under Title 28, United States Code, §2255.
12. The parties further agree, in support of Count 1 of the Information, that
the following facts are true:
a. DANNY J. FULLER is currently a member of Glass Molders Plastics (GMP) Local 32,: a labor
organization, and has been a member since 1977. DANNY J. FULLER served as Financial Secretary, an officer
position within the labor organization, from approximately October 1999 to October 2002.
b. During the time DANNY J. FULLER was an officer and was serving as Financial Secretary of Local 32,
he took moneys and funds without authorization. DANNY J. FULLER took moneys and funds by various means,
including: 1) Charging personal items on the Local 32 credit card and using Local 32 moneys to pay the
charges; 2) Taking unauthorized salary advances for his duties as an officer that were not repaid; 3)
Submitting lost time vouchers for time he did not actually work on Local 32 union business; and 4)
Submitting vouchers for "off day" pay for days he did not attend union meetings.
c. DANNY J. FULLER agrees that the loss amount is $19,546.19.
SENTENCING GUIDELINES STIPULATIONS
13. Pursuant to Section 6B1.4 of the Sentencing Guidelines, the parties agree
to the Stipulations below. The parties understand and agree that these Stipulations are binding on the
parties but are only a recommendation to the Court and that the Court will determine the sentencing
guidelines applicable in this case. The parties agree that no stipulation regarding any factors in
Chapter 4, Criminal History Category, of the Sentencing Guidelines has been made, and that such
determination will be made by the Court.
(a) The parties stipulate that Guideline §2B1.1 covers violations of 18
U.S.C. §501(c) (embezzlement by an officer of a labor union) and provides a base offense level of six
(6).
(b) The parties stipulate that a four (4) level increase pursuant to §2B1.1
(b)(1)(C) applies because the loss exceeded $10,000.
(c) The parties stipulate that a two (2) level increase pursuant to §3B1.3
applies because the offense involved an abuse of a position of trust that significantly facilitated the
commission or concealment of the offense.
Acceptance of Responsibility
14. To date, DANNY J. FULLER has demonstrated a recognition and affirmative
acceptance of personal responsibility for his criminal conduct. Based upon his willingness to accept a
plea agreement and enter a plea of guilty to the criminal conduct noted in this agreement, the Government
agrees that DANNY J. FULLER should receive a two (2) level reduction provided he satisfies the criteria
set forth in Guideline §3E1.1 (a) and (b) up to and including the time of sentencing. DANNY J. FULLER
timely notified the government of his intention to enter a plea of guilty, thereby permitting the
government and the court to allocate their resources efficiently. The parties reserve the right to
present evidence and arguments concerning DANNY J. FULLER's acceptance of responsibility at the time of
sentencing.
FINAL PROVISION
15. DANNY J. FULLER acknowledges that no threats, promises, or
representations have been made, nor agreements reached, other than those set forth in this document, to
induce DANNY J. FULLER to plead guilty. This document is the complete and only plea agreement between
DANNY J. FULLER and the United States Attorney for the Southern District of Indiana and is binding only
on the parties to this agreement, supersedes all prior understandings, if any, whether written or oral,
and cannot be modified except in writing, signed by all parties and filed with the Court, or on the
record in open court.
Respectfully submitted,
SUSAN W. BROOKS
United States Attorney
/SIGNED/______
Gayle L. Helart
Assistant United States Attorney
10/22/04
DATE
/SIGNED/______
Christina McKee
Chief, Criminal Division
10/22/04
DATE
/SIGNED/______
DANNY J. FULLER
Defendant
10/19/04
DATE
/SIGNED/______
James C. McKinley
Attorney for Defendant
10/21/04
DATE
STATEMENT OF THE DEFENDANT
I have read the entire Plea agreement and discussed it with my attorney.
I understand all the terms of the Plea Agreement and those terms correctly reflect the results of
plea negotiations.
I am fully satisfied with my attorney's representation during all phases of this case.
I am freely and voluntarily pleading guilty in this case.
I am pleading guilty as set forth in this Plea Agreement because I am guilty of the crime to
which I am entering my plea.
My attorney has informed me and I understand, that I have the right to appeal any conviction and
sentence that I receive, unless I have waived my right to appeal as part of this Plea Agreement. If I
have not waived my right to appeal, I understand that I must file a notice of Appeal within 10 days
of the entry of the judgment in this case; I further understand that the Clerk of the Court will
prepare and file a Notice of Appeal on my behalf if I ask that to be done. I also understand that the
United States has the right to appeal any sentence that I receive under this Plea Agreement.
Finally, my attorney has informed me, and I understand, that if I provide or cause to be provided
materially false information to a judge, magistrate-judge, or probation office, then Section 3C1.1 of
the Sentencing Guidelines allows the Court to impose a two (2) level increase in the offense level.
/SIGNED/_____
DANNY J. FULLER
Defendant
10/19/04
Date
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA
Plaintiff,
Cause No. IP 04-173-CR-01 H/F
v.
DANNY J. FULLER,
Defendant.
PETITION TO ENTER A PLEA OF GUILTY
and
REQUEST FOR PRESENTENCE INVESTIGATION
Defendant, individually and by counsel, petitions the court for leave to withdraw the plea of not
guilty and enter a plea of guilty. The defendant represents to the Court as follows:
1. My full true name is Danny Joe Fuller.
2. My date of birth is
3. My social security number is
4. I can read and write the English language.
5. I have attended school and graduated from high school.
6. I have received a copy of the information. I have read the Information and I have discussed it
with my attorney and I understand the charges brought against me in this case.
8. I understand that the maximum statutory punishment for the charge against me is:
Count Imprisonment
Fine
Supervised Release
1 5 years
$250,000
3 years
9. I understand that I will be ordered to pay, at the time of sentencing, a Special Assessment
of $100.
10. I understand that I may have to pay a fine.
11. I understand that I may have to pay restitution.
12. I understand that I have the right to be represented by an attorney at every stage of this
legal proceeding and if necessary an attorney will be appointed to represent me.
13. I understand that I have a right to plead "Not Guilty," or to persist in a "Not Guilty" plea
already made, and that if I choose to plead "Not Guilty" the Constitution guarantees me:
(a) the right to a speedy and public trial by Jury In the district in which I am charged;
(b) the right to confront and cross-examine adverse witnesses;
(c) the right to use the power and the process of the Court to compel the production of any
evidence, including the attendance of any witnesses in my favor, at my trial;
(d) the right to the assistance of counsel at every stage of the proceedings, Including an appeal
if need be;
(e) the right to remain silent, including a right not to be compelled to testify at my trial;
(f) the right to testify in my own defense at the trial; and
(g) a right to appeal my conviction and my sentence to a higher court even if I am financially
unable to pay the cost of an appeal.
14. I understand that I am pleading guilty to a felony offense. I understand that if my plea of
guilty is accepted by the Court, and I am adjudged guilty, I stand to lose valuable civil rights
as a convicted felon, including the right to vote, the right to hold public office, the right to
serve on a jury, and the right to own or possess a firearm or ammunition of any kind.
15. I understand that if my plea of guilty is accepted by the Court there will not be a further
trial of any kind and that by pleading guilty I waive the right to a trial.
16. I am hopeful of receiving a lower sentence as a result of my guilty plea, but I understand
that if I plead "Guilty," the Court may impose the same punishment as if I had pled "Not Guilty,"
had stood trial and been convicted by a jury.
17. Except for the provisions of the written plea agreement flied with the Court. I declare that
no officer or agent of any branch of government (federal, state or local), nor any other person,
has made any promise or suggestion of any kind to me, or within my knowledge to anyone else, that
I would receive a lighter sentence or any other consideration if I would plead "Guilty," and no
such person has made any threats against me if I exercise my right to go to trial.
18. I declare that I offer my plea of "Guilty" freely and voluntarily and of my own accord.
19. I waive the reading of the information in open court, I waive formal arraignment, and I
request the Court to accept and enter now my plea of "Guilty" to Count 1 of the Information.
20. I request a presentence Investigation by the probation office of this Court to be commenced
immediately. I consent to the review of my presentence report by the Judge, by my attorney and
myself, and by counsel for the government prior to the acceptance of my plea of guilty by the
Court.
/SIGNED/______
Danny Joe Fuller
Dated: 10/19/04
/SIGNED/______
James C. McKinley
Indiana Federal Community Defenders, Inc.
11 Monument Circle, Suite 752
Indianapolis, IN, 46204-5172
(317) 383-3520
Attorney for Defendant
Dated: 10/21/04
CERTIFICATE OF SERVICE
I certify a copy of the foregoing Motion was personally served on Gayle Helart of the office of the
United States Attorney for the Southern District of Indiana, October 21, 2004.
/SIGNED/______
James C. McKinley
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