UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT
WAYNE DIVISION
UNITED STATES OF AMERICA INFORMATION
v. Cause
No. 1:04-CR-22
Violation: 29 U.S.C. § 439(c)
BECKY S. HARRIS
THE UNITED STATES ATTORNEY CHARGES:
1. At all times material to
this Information, Glass Molders Plastics AFL-CIO Local Union 37 was a labor
organization in an industry affecting commerce within the meaning of Sections
402(i) and 402(j) of Title 29, United States Code.
2. On or about April 16, 1998 and continuing to on or about May 8, 2001, in the Northern District of
Indiana,
BECKY S. HARRIS,
defendant herein, as Financial Secretary/Treasurer of
Glass Molders Plastics AFL-CIO Local Union 37, did willfully make and cause to
be made false entries in records required to be maintained by Section 436 of
Title 29, United States Code, that is, records maintained on matters reported
in the annual financial report of Glass Molders Plastics AFL-CIO Local Union 37
filed with the Secretary of Labor;
All in violation of 29 U.S.C. §
439(c).
Respectfully submitted,
JOSEPH S. VAN BOKKELEN
UNITED STATES ATTORNEY
/SIGNED/__________________
By: Lovita Morris King
Assistant United
States Attorney
E. Ross
Adair Federal Bldg. & U.S. Courthouse
1300 S. Harrison Street, Room 3128
Fort Wayne,
IN 46802-3489
Telephone: (260) 422-2595
Facsimile: (260) 426-1616
E-mail
Address: Lovita.Morris.King@usdoj.gov
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
UNITED STATES OF AMERICA
v. Cause No. 1:04-CR-22
BECKY S. HARRIS
PLEA AGREEMENT
Pursuant to Rule 11 of the Federal
Rules of Criminal Procedure, the United States of America, by Joseph S. Van Bokkelen, United States Attorney
for the Northern District of Indiana, Lovita Morris King, Assistant United
States Attorney, and the defendant, Becky S. Harris, and her attorney, Michelle
M. Kraus, have agreed upon the following:
1. Defendant acknowledges that
she has been charged in the Information in this cause with one (1) violation of
29 U.S.C. § 439(c).
2. The defendant has read the
charge against her contained in the Information, and that charge has been fully
explained to her by her attorney.
3. Defendant fully understands
the nature and elements of the crime with which she has been charged,
4. Defendant will enter a
voluntary plea of guilty to the charge contained in the Information in this
case.
5. Defendant will plead guilty
because she is in fact guilty of the charge contained in the Information. In
pleading guilty, the defendant acknowledges that:
At all
times material to this Information, Glass Molders Plastics AFL-CIO Local Union
37 was a labor organization in an industry affecting commerce within the
meaning of Sections 402(i) and 402(j) of Title 29, United States Code.
On or
about April 16, 1998 and continuing to on or about May 8, 2001, in the Northern
District of Indiana, defendant herein, as Financial Secretary/Treasurer of
Glass Molders Plastics AFL-CIO Local Union 37, did willfully make and cause to
be made false entries in records required to be maintained by Section 436 of
Title 29, United States Code, that is, records maintained on matters required
to be reported in the annual financial report of Glass Molders Plastics AFL-CIO
Local Union 37 filed with the Secretary of Labor;
All in violation of 29 U.S.C. §
439(c).
6. The defendant and her
attorney and the United States Attorney’s Office, Northern District of Indiana,
agree to the following for purposes of applying the guidelines promulgated by
the United States Sentencing Commission pursuant to 28 U.S.C. § 994:
a. In recognition of the defendant’s acceptance of responsibility
for her conduct in connection with this offense, the defendant is entitled to a
two-level reduction in the offense level under Guideline Section 3E1.1(a).
b. The United States Attorney’s Office, Northern District of
Indiana, acknowledges that the defendant has assisted authorities in the
investigation or prosecution of her own misconduct by timely notifying the
United States Attorneys Office of her intention to plead guilty thereby
permitting the United States Attorney’s Office to avoid preparing for trial and
permitting the government and the Court to allocate their resources
efficiently, so that if the defendant’s offense level is 16 or greater prior to
the two-level downward adjustment under Guideline Section 3E1.1(a), the United
States Attorney’s Office will move at sentencing for an additional one-level
downward adjustment under Guideline Section 3E1.1(b),
c. The defendant and the United States Attorney’s Office, Northern
District of Indiana, agree that the United States Attorney’s Offices obligation
to recommend that the defendant receive the reductions for acceptance of
responsibility set forth in paragraphs 6a and 6b above is contingent on the
defendant’s continued manifestation of acceptance of responsibility. Should the
defendant deny her involvement in this offense, give conflicting Statements of
her involvement, alter her statement of her involvement, engage in additional
criminal conduct including the use of controlled substances, or violate any of
the terms and conditions of her release, the government shall not be bound to
recommend or move for any reduction in offense level for acceptance of
responsibility and the defendant will not have any right to withdraw her plea
based upon the government’s refusal to recommend any of the reductions in
offense level for acceptance of responsibility.
d. The defendant understands that the Court, in light of an
investigation by the United States Probation Office, will determine the
applicable sentencing guideline range, and that the Court will determine all
matters, whether factual or legal, relevant to the application of the
sentencing guidelines including, but not limited to, the adjusted offense
level, the relevant circumstances in the case, the criminal history points and
category relevant conduct, the grouping of offenses, victim-related
adjustments, role in the offense adjustments, career offender status, criminal
livelihood and acceptance of responsibility as well as possible departures from
the application of the United States Sentencing Guidelines. The validity of
this Plea Agreement is not contingent upon the Court’s concurrence with the
defendant receiving the aforementioned offense level reductions under Guideline
Section 3E1.1.
7. Defendant understands that
the charge contained in the Information to which she will plead guilty carries
the following maximum penalties:
Imprisonment
for not more than one (1) year, a fine of not more than $10,000.00, or both such
fine and imprisonment, a supervised release term of not more than one (1) year
and a $25.00 special assessment - a Class A Misdemeanor.
8. The defendant understands
that in accord with federal law, 18 U.S.C. § 3013, upon entry of judgment of
conviction, the defendant will be assessed $25.00 on each count to which she
has pled, in addition to any other penalty imposed. This $25.00 is due and
payable immediately.
9. Defendant understands that
by pleading guilty she waives certain rights, including the following:
a. If defendant persisted in a plea of not guilty to the charge
against her, she would have the right to a public and speedy trial. The trial
could be either a jury trial or a trial by the judge sitting without a jury.
The defendant has a right to a jury trial. However the defendant may waive a
jury trial in writing with the approval of the Court and the consent of the
government.
b. If the trial is a jury trial, the jury would be composed of
twelve laypersons selected at random. Defendant and her attorney would have a
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown, or without cause by exercising
so peremptory challenges. The jury would have to agree unanimously before it
could return a verdict of either guilty or not guilty. The jury would be
instructed that defendant is presumed innocent, and that it could not convict
her unless, after hearing all the evidence, it was persuaded of defendant’s
guilt beyond a reasonable doubt, and that it was to consider each count of the
Information separately.
c. If the trial is held by the judge without a jury, the judge
would find the facts and determine, after hearing all the evidence, and
considering each count separately, whether or not the judge was persuaded of
defendant’s guilt beyond a reasonable doubt.
d. At a trial whether by a jury or a judge, the prosecution would
be required to present its witnesses and other evidence against defendant.
Defendant would be able to confront those government witnesses and her attorney
would be able to cross-examine them. In turn, defendant could present witnesses
and other evidence in her own behalf. If the witnesses for defendant would not
appear voluntarily, she could require their attendance through the subpoena
power of the Court.
e. At a trial, defendant would have a privilege against
self-incrimination so that she could decline to testify, and no inference of
guilt could be drawn from her refusal to testify. If defendant desired to do so,
she could testify in her own behalf.
10. Defendant understands that
by pleading guilty she is waiving all the rights set forth in the prior paragraph,
Those rights have been explained to her, as well as the consequences of her
waiver of those rights.
11. Defendant understands that
the United States Attorney’s Office will fully apprise the District Court and
the United Stares Probation Office of the nature, scope and extent of
defendant’s conduct regarding the charge against her, and related matters, including
all matters in aggravation and mitigation relevant to the issue of sentencing.
12. Defendant will enter a
plea of guilty to the charge contained in the Information with the
understanding that:
a. At the time of sentencing, the government shall recommend that
the defendant be sentenced at the low end of the applicable guideline range,
said range to be determined by the Court and if under the applicable sentencing
guideline range the defendant is eligible for probation, or a split sentence,
the government will not oppose the defendant’s request for the same.
b. The government’s agreement to recommend the low-end of the
applicable sentencing guideline range and a reduction for acceptance of
responsibility are non-binding recommendations pursuant to Rule 11(c)(l)(B),
the Court is not bound by these recommendations, and THE DEFENDANT HAS NO
RIGHT TO WITHDRAW HER GUILTY PLEA if the Court decides not to accept either
or both of these recommendations.
c. The defendant agrees not to file a motion for downward
departure.
d. The defendant agrees to repay restitution, if any remaining, for
the total amount of the loss relative to her conduct, which loss includes the
count of conviction and all relevant conduct, in an amount to be determined at
or before the tune of sentencing.
e. Defendant is aware that her sentence will be determined in
accordance with the United States Sentencing Guidelines and any applicable statutorily
required sentencing provisions. Defendant is also aware that a sentence imposed
under the Guidelines does not provide for parole. Defendant agrees that the
Court has jurisdiction and authority to impose any sentence within the
statutory maximum set for her offense as set forth above in paragraph 7 of this
Plea Agreement. With that understanding, defendant expressly waives her right
to appeal her sentence on any ground, including any appeal right conferred by
18 TJ.S § 3742. Defendant also agrees not to contest her sentence or the manner
in which it was determined in any post-conviction proceeding, including, but
not limited to, a proceeding under 28 U.S.C. § 2255.
f. The defendant agrees to waive her right to a grand jury
Indictment and further agrees to be charged on the basis of an Information.
g. Defendant agrees to waive all rights, whether asserted directly
or through a representative, to request or receive from the United States any further records, reports, or
documents to the investigation or prose of this matter. This waiver includes
but is not limited to, rights conferred by the Freedom of Information Act and
the Privacy act of 1974.
13. Defendant and her attorney
acknowledge that no threats, promises or representations have been made, nor
agreements reached, other than those set forth in this agreement, to cause
defendant to plead guilty. Defendant understands that her compliance with each
part of this Plea Agreement extends throughout and beyond the period of her
sentence, and failure to abide by any term of the Plea Agreement is a violation
of the agreement rendering it null and void. Defendant further agrees this Plea
Agreement shall be filed and become a part of the record in this case.
14. Should the judge refuse to
accept the defendant’s plea of guilty, this agreement shall be null and void
and neither party will be bound thereto.
Respectfully submitted,
JOSEPH S.
VAN BOKKELEN
UNITED STATES ATTORNEY
/SIGNED/_________________
By: Lovita Morris King
Assistant United
States Attorney
E. Ross
Adair Federal Bldg. & U.S. Courthouse
1300 S. Harrison Street, Room 3128
Fort Wayne,
IN 46802-3489
Telephone: (260) 422-2595
Facsimile: (260) 426-1616
E-mail
Address: Lovita.Morris.King@usdoj.gov
/SIGNED/________________
Becky S. Harris
Defendant
/SIGNED/________________
Michelle M. Kraus
Attorney for Defendant
Approved by: /SIGNED/_________________
David H. Miller
Assistant
United States Attorney
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
UNITED STATES OF AMERICA
v. Cause No. 1:04-CR-22
BECKY S. HARRIS
NOTICE OF PENALTIES
Comes now, the United States of America by its attorney, Lovita Morris
King, Assistant United States Attorney, and files its Notice of Penalties in
this case, and states:
The defendant is charged by way of
a single count Information with a violation of 29 U.S.C. § 439(c) - false
records.
If convicted, defendant faces
imprisonment for not more than one (1) year, a fine of not more than
$100,000.00, or both such fine and imprisonment, a supervised release term of
not more than one (1) year, and a $25.00 special assessment - a Class A
Misdemeanor.
Respectfully submitted,
JOSEPH S. VAN BOKKELEN
UNITED STATES A1TORNEY
/SIGNED/__________________
By: Lovita Morris King
Assistant United
States Attorney
E. Ross
Adair Federal Bldg. & U.S. Courthouse
1300 S. Harrison Street, Room 3128
Fort Wayne,
IN 46802-3489
Telephone: (260) 422-2595
Facsimile;
(260) 426-1616
E-mail
Address: Lovita.Morris.King@usdoj.gov
