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May 16, 2008    DOL Home > ESA > OLMS > Enforcement > Criminal Actions 2004 > Related Documents

IN THE UNITED STATES DISTRICT COURT

   FOR THE DISTRICT OF OREGON

 

UNITED STATES OF AMERICA

CR No. 04-311

v.

INDICTMENT

JOY TORRANCE,                       29 U.S.C. § 501(c)

[Embezzlement of Labor Union

Defendant.              Assets]

 

 

THE GRAND JURY CHARGES:

 

A.    Introduction

1.    Joy Torrance, defendant herein, while an employee of the United Brotherhood of Carpenters and Joiners, Local 1094, engaged in an ongoing scheme where she embezzled, stole, and unlawfully and willfully abstracted and converted to her own use approximately $39,881 in moneys and funds of said labor organization by:

A.    Taking and converting to her own personal use union members monthly membership dues, initiation fees, and funds union members used to purchase Local 1094 merchandise;

B.    Creating and distributing to herself unauthorized pay checks from Local 1094 checking account   ;

C.    Creating and issuing unauthorized checks from Local 1094’s checking, savings, and money marketing accounts to herself and third parties to satisfy personal debts; and

D.    Using Local 1094’s business credit card to make personal purchases.

2.    Joy Torrance worked as the Secretary for the United Brotherhood of Carpenters and Joiners, Local 1094, from March 1998 through October 2003. When defendant began her position as Secretary in 1998, the job was a full-time paid position. In 2002 the job was converted to a part-time paid position.

3.    In an effort to conceal her embezzlement, theft, abstraction, and conversion of labor organization monies, defendant falsified Local 1094 financial records, failed to maintain necessary records, and also knowingly and willfully falsified information on the United States Department of Labor’s annual financial disclosure reports, LM-3 for the fiscal year ending 1999.

4.    At all times material to this indictment, the United Brotherhood of Carpenters and Joiners, Local 1094, was a labor organization engaged in an industry affecting commerce within the meaning of Title 29, United States Code, Sections 402(i) and 402(j). Local 1094 represents carpenters and dry-wallers from Corvallis, Oregon south to Eugene, Oregon, along the I-5 corridor and west to the Pacific Ocean. Local 1094 is governed by the UBCJ International Constitution as well as their own local by-laws. The Executive Board of Local 1094 is comprised of the President, Vice President, Financial Secretary, and Recording Secretary. Local 1094 has approximately 197 members.

B.    The Offense

5.    On or between August 1, 1998 through October 31. 2003, in the District of Oregon, Joy Torrance, defendant, while employed as the secretary of the United Brotherhood of Carpenters and Joiners, Local 1094, a labor organization engaged in an industry affecting commerce, did embezzle, steal, and unlawfully and willfully abstract and convert to her own use moneys and funds of said labor organization; 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 27th day of July 2004.

 

A TRUE BILL

                                    /SIGNED/___________

                                    FOREPERSON

KARIN J. IMMERGUT, OSB #96314

United States Attorney

District of Oregon

/SIGNED/___________

SCOTT M. KERN, OSB #96512

Assistant United States Attorney



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