IN THE UNITED STATES DISTRICT COURT
FOR
TUE DISTRICT OF OREGON
UNITED STATES OF AMERICA
v. CR No.
04-493-HA
INDICTMENT
BEVERLY JACKSON, 29 U.S.C. § 501(c)
[Embezzlement of Labor Union
Defendant Assets]
THE GRAND JURY CHARGES:
I. Introduction:
1. Beverly Jackson, defendant
herein, while acting as a full time paid officer of the Communication Workers
of America, Local 7901, AFL-CIO, embezzled, stole, and unlawfully and willfully
abstracted and converted to her own use moneys and funds of said labor
organization by taking money to which she was not entitled.
2. Beverly Jackson was the
Executive Vice President of the Communication Workers of America, Local 7901,
AFL-CIO, (hereinafter the “union”) from Autumn of 1992 through August 2001. As
Executive Vice President, Beverly Jackson, was a full time paid employee of the
union.
3. As a union representative,
Beverly Jackson at times performed union business, such as dealing with
grievances and labor negotiations, for Qwest Corporation. Qwest Corporation would
pay Beverly Jackson for the time she spent on this union business. However, as
the Executive Vice President of the union, union financial rules required that
any money Beverly Jackson received from Qwest Corporation for union business
she performed while an officer of the union, be reimbursed to the union because
the union was already paying her a full time salary. Defendant was required by
union rules to provide her Qwest Corporation paycheck stubs for any week she
performed union work for Qwest Corporation and for which she was paid by Qwest
Corporation so that her union payroll could be deducted accordingly. Defendant
embezzled, stole, and unlawfully and willfully abstracted and converted to her
own use the moneys and funds of her labor organization by failing to report all
of her extra income she was receiving from Qwest Corporation. Defendant’s
actions amounted to her being “double paid,” by both the union and Qwest
Corporation, for the union activities she performed. Through her actions defendant
received approximately $52,499.76 in duplicate salary payments from the union,
from January 1997 through July 2001, to which she was not entitled.
4. In an effort to conceal her
embezzlement, theft, abstraction, and conversion of labor organization monies,
defendant failed to provide to the union all of her records of payment and
failed to maintain necessary records.
5. The Communication Workers of
America, Local 7901, AFL-CIO, is a labor
organization engaged in an industry affecting commerce and whose members
primarily work for telecommunication firms, such as Qwest Corporation, and some
printing companies. The labor organization and has approximately 1,800 members.
The Communication Workers of America, Local 7901, AFL-CIO, has two full time
paid officer positions, President and Executive Vice President, and one half
time paid officer position, Secretary-Treasurer.
Counts 1 through 3
Embezzlement of Labor Union Assets
29 U.S.C. § 501(c)
1. The allegations in paragraphs 1 through 5 of the introduction
of this indictment are realleged herein and incorporated by reference.
2. On or between the dates specified below, in the
District of Oregon, Beverly Jackson, defendant herein, while an officer and an
employee of the Communication Workers of America, Local 7901, AFL-CIO, a labor
organization engaged in an industry affecting commerce, did embezzle, steal,
and unlawfully and willfully abstract and convert to her own use the moneys and
funds of said labor organization, to-wit:
Count Date Item and Amount
1
On or between
January 1, Defendant failed to reimburse
2001 and August
31, 2001
approximately $4,068.25 to the
Communication
Workers of
America, Local 7901, AFL-CIO,
when she
did not inform the
union of
payments she received
from Qwest
Corporation which she
was
required to have withheld
from her
union salary.
2 On or between January 1, Defendant failed to
reimburse
2000 and December 31, approximately $14,458.56 to the
2000 Communication Workers of
America, Local 7901, AFL-CIO,
when she
did not inform the
union of
payments she received
from
Qwest Corporation which she
was
required to have withheld
from her
union salary.
3 On or between January 1, Defendant failed to
reimburse
1999 and December 31, approximately $14,930.84 to the
1999 Communication Workers of
America, Local 7901, AFL-CIO,
when she
did not inform the
union of
payments she received
from
Qwest Corporation which she
was
required to have withheld
from her
union salary.
All in violation of Title 29, United States Code, Section
501(c).
Sentencing Allegations:
1. The loss was more than $30,000, but less than
$70,000; and,
2. The defendant abused a position of public or private
trust, or used a special skill, in a manner that significantly facilitated the
commission or concealment of the offense.
DATED this 23rd day of November, 2004.
A TRUE BILL
/SIGNED/_____________
FOREPERSON
KARIN J. IMMERGUT, OSB # 96314
United States Attorney
District of Oregon
/SIGNED/_______________
SCOTT M.KERIN, OSB #96512
Assistant United States
Attorney
