IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DIVISION of IOWA
EASTERN DIVISION
UNITED STATES OF AMERICA
Plaintiff,
Criminal No. 4:04-CR-306
vs.
INFORMATION
T. 29, U.S.C. § 501(c)
AMANDA KEMMER,
Defendant.
THE UNITED STATES ATTORNEY CHARGES:
COUNT 1
Between on or about January 1, 2000, through in or about April, 2004, in the
Southern District of Iowa, the defendant, AMANDA KEMMER, while an employee of Bricklayer's AFL-CIO Local
3, a labor organization engaged in an industry affecting commerce, did embezzle, steal, and unlawfully
and willfully abstract and convert to her own use and the use of another, the moneys, funds, securities,
property and other assets of Local 3, in an approximate amount of $209,383.67.
This is a violation of Title 29, United States Code, Section 501(c).
Matthew G. Whitaker
United States Attorney
By: /SIGNED/________
Mary C. Luxa
Assistant United States Attorney
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DIVISION of IOWA
EASTERN DIVISION
UNITED STATES OF AMERICA
Plaintiff,
Criminal No. 4:04-CR-306
vs.
PLEA AGREEMENT
AMANDA KEMMER,
Defendant.
IT IS HEREBY AGREED by and between the United States of America, the Defendant, Amanda Kemmer,
and the respective counsel, as follows:
A. CHARGES
1. Subject Offense. Defendant will waive Indictment and plead
guilty to a one-count Information charging her with embezzlement from a labor union, a violation of
Title United States Code, Section 501(c).
2. No Further Prosecution. The Government agrees that the Defendant
will not be charged in the Southern District of Iowa with any other federal criminal offense under
Titles 18 or 29, United States Code, arising from or directly relating to this investigation, except
for any crimes of violence. This paragraph and this plea agreement do not apply to any offense
committed or completed after the date of this agreement.
B. CONSEQUENCES OF PLEA
3. Statutory Penalties. Count 1 is punishable by a maximum term of
imprisonment of not more than five (5) years, and a fine of not more than $250,000.00, or both. A
special assessment of $100 must be imposed by the sentencing court. The sentencing court must impose
a term of supervised release of between two (2) and three (3) years. If the Defendant violates any
condition of supervised release following imprisonment, the Defendant may be returned to prison for
all or apart of the term of supervised release.
C. SENTENCING CONSIDERATIONS
4. Application of Sentencing Guidelines. The Defendant understands
that her sentence will be determined by the Federal Sentencing Guidelines. Defendant further
understands that the Court may depart upwards from the guideline range, under certain limited
circumstances, and if this occurs, Defendant will not be able to withdraw her plea of guilty. The
Defendant further understands that the Court may depart downward from the guideline range under
certain limited circumstances.
5. Sentencing Recommendations. At time of sentencing the Government
will make no recommendation as to what sentence within the applicable range of the Federal Sentencing
Guidelines ought to be imposed; however, the Government reserves its right to:
(a) insure that the facts are correctly presented;
(b) argue for a particular guideline computation; and
(c) oppose departure below the applicable guideline range.
6. Acceptance of Responsibility. At time of sentencing, the
Government will recommend to the Court that Defendant receive a two-level reduction for acceptance of
responsibility pursuant to Federal Sentencing Guideline § 3E1.l(a). In addition to recommending the
two-level reduction, the Government will move at sentencing that Defendant's offense Level be reduced
by one additional level pursuant to Federal Sentencing Guideline 3E1.1 (b), to reflect Defendant's
prompt assistance to the authorities in the investigation and prosecution of her own misconduct.
However, in the event that the Government is presented with information which indicates that Defendant
has willfully obstructed or impeded proceedings as defined in Federal Sentencing Guideline § 3C1.1,
the Government reserves the right to withdraw any recommendation that Defendant receive a three-level
reduction for acceptance of responsibility and reserves the right to argue for a two-level increase
for obstruction of justice pursuant to Federal Sentencing Guideline § 3C1.1.
7. No Promises. The Government makes no representations or promises
as to the sentence to be imposed, as this is solely within the District Court's discretion. Although
the parties may have discussed the possibilities of various factors impacting on the sentence and the
possibility of a certain sentencing range, the parties agree that no discussion resulted in any
express or implied promise or guarantee concerning the actual sentence to be imposed.
8. No Right to Withdraw Plea. The Defendant understands that she
will have no right to withdraw her plea if the sentence imposed, or the application of the United
States Sentencing Guidelines is other than that which the Defendant anticipated.
9. Evidence at Sentencing. The parties may make whatever comment
and evidentiary offer they deem appropriate at the time of the guilty plea, sentencing, or any other
proceeding related to this case, provided such offer or comment does not violate any other provision
of this agreement. The parties are also free to provide all relevant information to the U.S. Probation
Office for use in preparing a presentence report. The parties agree that either party may present
evidence by way of telephone or deposition transcript, and to this extent Defendant agrees to waive
any right of face-to-face confrontation at the sentencing hearing.
10. Restitution. Defendant agrees to make restitution to the victim of
her crime, Bricklayers Local 3, in the approximate amount of $209,383.67. A plan of restitution shall be
formulated with the United States Probation Office and shall be approved by the Court.
11. Fines/Costs. Issues relating to fines and/or costs of incarceration
are not dealt with in this agreement, and the parties are free to argue their respective positions at
sentencing.
12. Special Assessment. The Defendant agrees to pay to the Government a
special assessment of $100.00 as required by Title 18, United States Code, § 3013. The Defendant agrees to
make such payment (by cashiers check or money order payable to "Clerk, U.S. District Court") to the U.S.
Clerk of Court within two weeks (14 days) of the execution of this agreement or by the time of the entry of
guilty plea, whichever first occurs.
D. GENERAL MATTERS
13. Voluntariness of Plea. The Defendant acknowledges that she is entering
into this Plea Agreement and is pleading guilty because she is guilty. The Defendant further acknowledges
that she is entering into this agreement without reliance upon any discussion between the Government and the
Defendant (other than those described in this Plea Agreement), without promise of benefit of any kind (other
than those described in this Plea Agreement), and without threats, force, intimidation, or coercion of any
kind. The Defendant further acknowledges that she understands the nature of the offense to which she is
pleading guilty, including the penalties provided by law.
14. Waiver of Rights. In connection with the Defendant's plea of guilty
pursuant to this agreement, the Defendant acknowledges that she has been informed of, and understands, the
following:
(A) the Government's right, in a prosecution for perjury or false statement, to use against the Defendant
any statement that the Defendant gives under oath;
(B) the right to plead not guilty, and to persist in that plea;
(C) the right to a jury trial;
(D) the right to be represented by counsel - and if necessary to have the Court appoint counsel - at trial
and at every other stage of the proceedings;
(E) the right at trial to confront and cross-examine adverse witnesses, to be protected from compelled
self-incrimination, to testify and present evidence, and to compel the attendance of witnesses; and
(F) the Defendant will waive these trial rights if the Court accepts the Defendant's plea of guilty.
15. Limited Scope of Agreement. This agreement does not limit, in any
way, the right or ability of the Government to investigate or prosecute Defendant for crimes occurring
outside the scope of this agreement. Additionally, this agreement does not preclude the Government from
pursuing any civil or administrative matters against the Defendant, including, but not limited to, civil tax
matters and civil forfeiture which arise from, or are related to, the facts upon which this investigation is
based. This Plea Agreement binds only the parties hereto. It does not bind any prosecuting authority other
than the United States Attorney for the Southern District of Iowa.
16. Entire Agreement. This Plea Agreement, and any attachments, constitute
the entire agreement between the parties. No other promises of any kind, express or implied, have been made
to the Defendant by the Government or by its agents.
17. Factual Stipulations. Attached hereto as Attachment "A", and
incorporated by reference herein, are factual stipulations entered into between the parties, including the
factual stipulations of the Defendant's offense conduct relating to the subject offense.
18 Venue. Defendant agrees that the offense conduct relating to the
subject offense was committed, in whole or in part, in the Southern District of Iowa, and that the United
States District Court for the Southern District of Iowa may exercise venue over this case.
19. Public Interest. The Government and the Defendant state that this
Plea Agreement is in the public interest and takes into account the benefit to the public of a prompt and
certain disposition of the case and furnishes adequate protection to the public interest, is in keeping with
the gravity of the offense and the promotion of respect for the law.
20. Execution/Effective Date. This Plea Agreement does not become valid
and binding until executed by each of the individuals below, or their designated representatives.
The undersigned hereby accept and agree to the terms and conditions set forth
in this Plea Agreement.
/SIGNED/__________
Amanda Kemmer
Defendant
11-21-04
Date
/SIGNED/__________
Matthew Boles
2910 Grand Avenue
Des Moines, Iowa 50312
Tel: (515) 284-5737
Fax: (515) 284-1704
11-21-04
Date
Matthew G. Whitaker
United States Attorney
By: /SIGNED/__________
Mary C. Luxa
Assistazit United States Attorney
U.S. Courthouse Annex, 2nd Floor
110 E. Court Avenue
Des Moines, Iowa 50309
Tel: (515) 284-6279
Fax: (515)284-6281
11-21-04
Date
STIPULATION OF FACTS
Attachment "A"
1. At all times material, Bricklayers Local 3 was a chartered subordinate the Bricklayers International
Union, AFL-CIO. Local 3 represents members who are employed as bricklayers in the construction industry
throughout the state of Iowa. The employers of Local 3's members are engaged in interstate commerce, as
defined by the Labor-Management and Disclosure Act. Local 3 currently represents approximately 800 members
throughout the state of Iowa.
2. A substantial portion of Local 3's income is derived from working dues which
are withheld from members' paychecks and transmitted directly along with their fringe benefit contributions
by the employers to a "lockbox" which is controlled by Wells Fargo Bank. The bank in turn deposits the
working dues chock-off portion directly into Local 3's general fund checking account. Local 3 also receives
money directly from members in the form of monthly dues, initiation fees, and miscellaneous receipts from
the sale of union apparel. These additional receipts are also deposited into the local's general fund
checking account.
3. In addition to the general fund checking account, Local 3 has a mortuary fund
checking account also at the Wells Fargo Bank. The mortuary fund checking account is designated to make death
benefit payments for beneficiaries of deceased members.
4. The defendant, Amanda Kemmer, was employed as an office secretary/manager for
Local 3 from June, 1997 through April, 2004.
5. As the office secretary/manager for Local 3, Kemmer had full responsibility
for maintaining the local's financial records including check stubs, disbursement and receipt ledgers,
monthly financial reports and payroll records. She was also responsible for collecting dues and other
receipts, issuing duplicate receipts, and making deposits.
6. Unauthorized Salary Payments - $17,885.42
a. Kemmer was responsible for preparing the payroll checks for the appropriate officer's signature.
b. Any salary or benefit increases for Kemmer were required to be approved by the local's management
committee.
c. Between 2001 and 2004, Kemmer received $17,885.42 in unauthorized and inflated salary payments.
d. Kemmer falsified her pay stub, which remained attached to her paycheck when signed by the local's
officers. She did so by failing to include her hourly rate on the stubs, and falsified the amount of
withholding to hide her unauthorized increase in salary.
7. Unauthorized Pension Contributions - $2,576.44
a. Beginning in 1999, Kemmer was authorized to receive a monthly pension contribution paid on her behalf
by the local into the international union's pension plan. Any pension contributions were to be based on
Kemmer's authorized gross salary.
b. Kemmer caused $2,576.44 in unauthorized pension contributions on her behalf by inflating her gross
salary.
8. Checks Payable to Kemmer - $174,714.31
a. Between January, 2000 and April, 2004, Kemmer wrote 54 unauthorized checks from the local's general
fund, payable to herself, totaling $167,789,3l.
b. Between January, 2000 and April, 2004, Kemmer wrote unauthorized checks from the local's mortuary
fund, payable to herself, totaling $6,925.00.
c. Kemmer either changed the name of the payee after local officers signed the check, forged the officers'
signatures, misused the Secretary-Treasurer's signature stamp, or used a bogus or non-existent officer as
a co-signature.
9. Cash Receipts - $14,207.50
a. Between January, 2002 through April, 2004, Kemmer embezzled $14,207.50 in Local 3 cash receipts.
b. The local's Secretary-Treasurer and Apprenticeship Coordinator collected monthly dues, initiation fees and
other miscellaneous receipts from members either at union meetings or in the field. All monies so collected were
recorded on a handwritten duplicate receipt, noting whether the payment was by cash or check. These funds were
then given to Kemmer, for deposit into the local's general fund.
c. A comparison between the duplicate receipts and the actual cash deposited revealed a shortage of $14,207.50,
which Kemmer took for her personal use.
d. Kemmer was not authorized or entitled to withhold these cash receipts.
10. Kemmer knowingly embezzled a total of $209,383.67 in Local 3 funds.
I certify that the above-statements are true and correct.
/SIGNED/__________
Amanda Kemmer
Defendant
11-21-04
Date
/SIGNED/__________
Matthew Boles
Attorney for Defendant
11-21-04
Date
/SIGNED/__________
Mary C. Luxa
Assistant United States Attorney
11-21-04
Date
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