UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA
Plaintiff,
Cause No. IP 04-170-CR B/F
v.
THOMAS D. POGUE,
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, THOMAS D. POGUE, while holding the position of President in
the Glass Molders Plastics Local 32 labor union, did embezzle and steal moneys and funds of said labor
union in excess of $5,000.
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 15th 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-170-01 B/F
v.
THOMAS D. POGUE,
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, THOMAS D. POGUE, in person and by counsel, Jeff Baldwin, 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. THOMAS D. POGUE 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 I 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. THOMAS D. POGUE 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. THOMAS D. POGUE acknowledges that this Plea Agreement is governed by
Federal Rule of Criminal Procedure 11(c)(l)(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 guidelines range pursuant to
Title 18, United States Cod §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. THOMAS D. POGUE, by entering this plea, also waives any right to have facts
that the law makes essential to the punishment either (1) charged in the Information, (2) proven to a
jury, or (3) proven beyond a reasonable doubt. THOMAS D. POGUE explicitly consents to be sentenced
pursuant to the applicable Sentencing Guidelines and to have the sentence based on the facts to be found
by the sentencing judge by a preponderance of the evidence. THOMAS D. POGUE explicitly acknowledges that
his plea to the charged offense(s) authorizes the court to impose any Sentence, up to and including the
statutory maximum sentence, that is authorized by the Sentencing Guidelines.
5. THOMAS D. POGUE understands and agrees that the Government's position is
based on the information currently known to the Government.
SPECIFIC PROVISIONS
6. THOMAS D. POGUE 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.
7. At the time of sentencing, the Government will not ask the Court to impose
an upward departure.
8. At the time of sentencing, the Government will make known to the Court the
nature, extent and timing of the acceptance of responsibility of THOMAS D. POGUE.
9. The parties agree that THOMAS D. POGUE will not be ordered to pay
restitution. As of the date of this plea agreement, THOMAS D. POGUE has paid restitution in the amount of
$10,153.17, which satisfies the amount of the loss revealed by the government's investigation.
10. THOMAS D. POGUE 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 U.S.C. §504(a).
11. 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.
12. THOMAS D. POGUE 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 within the range determined by the Court, 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 this 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.
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 §2Bl.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 two (2) level increase pursuant to §2B1.l(b)
(1)(B) applies because the loss exceeded $5,000.
(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, THOMAS D. POGUE 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 THOMAS D. POGUE 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. THOMAS D. POGUE
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 THOMAS D. POGUE's acceptance of responsibility at the time of
sentencing.
FINAL PROVISION
15. THOMAS D. POGUE acknowledges that no threats, promises, or
representations have been made, nor agreements reached, other than those set forth in this document, to
induce THOMAS D. POGUE to plead guilty. This document is the complete and only plea agreement between
THOMAS D. POGUE 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
October 12, 2004
DATE
/SIGNED/______
Christina McKee
Chief, Criminal Division
10/13/04
DATE
/SIGNED/______
THOMAS D. POGUE
Defendant
October 6, 2004
DATE
/SIGNED/______
Jeff Baldwin
Attorney for Defendant
October 6, 2004
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/_____
THOMAS D. POGUE
Defendant
October 6, 2004
Date
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