UNITED STATES DISTRICT COURT

  WESTERN DISTRICT OF KENTUCKY

   AT OWENSBORO

 

UNITED STATES OF AMERICA

                                    INDICTMENT

BRIAN K. PAYNE                      NO. 4:04CR-20-M

    29 U.S. § 501(c)

The Grand Jury charges:

 

COUNT 1

On or about and between October 22, 2001, and February 15, 2002, in the Western District of Kentucky, Daviess County, Kentucky, the defendant, BRIAN K. PAYNE, while an office manager of a labor organization engaged in an industry affecting interstate commerce, namely Laborers Local 1382, did embezzle, steal, and unlawfully and willfully abstract and convert to his own use the moneys, funds, securities, property, and other assets of that labor organization, in the approximate amount of $5,830, thereby violating a position of trust as described in Title 29, United States Code, Section 501(a).

In violation of Title 29, United States Code, Section 501 (c)

 

A TRUE BILL

                                    /SIGNED/_____________

                                    FOREPERSON

/SIGNED/____________

DAVID L. HUBER

UNITED STATES ATTORNEY

 

 

UNITED STATES OF AMERICA v BRIAN K. PAYNE

PENALTIES

Count: NM 5 yrs./$250,000/both/NM 3 yrs. Supervised Release

 

 NOTICE

ANY PERSON CONVICTED OF AN OFFENSE AGAINST THE UNITED STATES SHALL BE SUBJECT TQ SPECIAL ASSESSMENTS, FINES, RESTITUTION & COSTS.

 

SPECIAL ASSESSMENTS

18 U.S.C. § 3013 requires that a special assessment shall be imposed for each count of a conviction of offenses committed after November 11, 1984, as follows:

Misdemeanor:  $25 per count/individual     Felony: $100 per

                                                  count/individual

  $125 per count/other        $400 per count/other

 

FINES

In addition to any of the above assessments, you may also be sentenced to pay a fine. Such fine is due immediately unless the court issues an order requiring payment by a date certain or sets out an installment schedule. You shall provide the United States Attorney’s Office with a current mailing address for the entire period that any part of the fine remains unpaid, or you may be held in contempt of court. 18 U.S.C. § 3571, 3572, 3611, 3612

Failure to pay fine as ordered stay subject you to the following:

1.    INTEREST and PENALTIES as applicable by law according to last date of offense.

For offenses occurring after December 12, 1987:

No INTEREST will accrue on fines under $2,500.00.

INTEREST will accrue according to the Federal Civil Post- Judgment Interest Rate in effect at the time of sentencing. This rate changes monthly. Interest accrues from the first business day following the two week period after the date a fine is imposed.

PENALTIES of:

10% of fine balance if payment more than 30 days late.

15% of fine balance if payment more than 90 days late.

2.    Recordation of a LIEN shall have the same force and effect as a tax lien.

3.    Continuous GARNISHMENT may apply until your fine is paid.

 

18 U.S.C. § 3612, 3613

If you WILLFULLY refuse to pay your fine, you shall be subject to an ADDITIONAL FINE of not more than the greater of $10,000 or twice the unpaid balance of the fine; or IMPRISONMENT for not more than 1 year or both. 18 U.S.C. § 3615

 

RESTITUTION

If you are convicted of an offense under Title 18, U.S.C., or under certain air piracy offenses, you may also be ordered to make restitution to any victim of the offense, in addition to, or in lieu of any other penalty authorized by law. 18 U.S.C. § 3663

 

APPEAL

If you appeal your conviction and the sentence to pay your fine is stayed pending appeal, the court shall require:

1.    That you deposit the entire fine amount (or the amount due under an installment schedule during the time of your appeal) in an escrow account with the U.S. District Court Clerk, or

2.    Give bond for payment thereof.

18 U.S-C- § 3572(g)

 

PAYMENTS

If you are ordered to make payments to the U.S. District Court Clerk’s Office, certified checks or money orders should be made payable to the Clerk, U.S. District Court and delivered to the appropriate division office listed below:

LOUISVILLE:       Clerk, U.S. District Court

106 Gene Snyder U.S. Courthouse

601 West Broadway

Louisville, KY 40202

502/625-3500

BOWLING GREEN:    Clerk, U.S. District Court

120 Federal Building

241 East Main Street

Bowling Green, KY 42101

270/393-2500

OWENSBORO:        Clerk, U.S. District Court

126 Federal Building

423 Frederica

Owensboro, KY 42301

270/689-4400

PADUCAH:          Clerk, U.S. District Court

127 Federal Building

501 Broadway

Paducah, KY 42001

270/415-6400

If the court finds that you have the present ability to pay, an order may direct imprisonment until payment is made.

 

 

UNITED STATES DISTRICT COURT

Western District of Kentucky

    Owensboro Division

 

THE UNITED STATES OF AMERICA

vs.

BRIAN K. PAYNE

 

  INDICTMENT

Title 29, U.S.C. § 501(c).

Embezzlement of Moneys, Funds, Securities,

Properties and Other Assets of a Labor

Organization By Employee of Labor Union.

 

            A true bill

            /SIGNED/_______________

                            Foreman

            Filed in open court this 7th day,

            of July A.D. 2004.

            _______________________

    Clerk

Bail, $

            _______________________