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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA

UNITED STATES OF AMERICA

WARRANT FOR ARREST

vs.

CASE NO.: 1:06-CR-230

KENNETH E. HILBISH,
AGENT TO ARREST

To: The United States Marshal and any Authorized United States Officer

YOU ARE HEREBY COMMANDED to arrest KENNETH E. HILLBISH and bring him or her forthwith to the nearest magistrate to answer a(n):

[X] Indictment [ ] Information [ ] Complaint [ ] Order of Court [ ] Violation Notice [ ] Probation Violation Petition

Charging him or her with (brief description of offense):

Aided and abetted by others, did embezzle, steal, and unlawfully and willfully abstract and convert to his own use the moneys, funds, securities, property and other assets of Local 528, in violation of Title 29, United States Code, Section 501 (c) and Title 18, United States Code, Section 2.

LUTHER D. THOMAS
Name of Issuing Officer
Clerk, U.S. District Court
Title of Issuing Officer

/SIGNED/
Signature of Issuing Officer

May 17, 2006 at Atlanta, Georgia
Date and Location

Bail Fixed at $_____

By: __________________
Name of Judicial Officer

 

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA

CRIMINAL INDICTMENT

vs.

NO. 1:06-CR-230

KENNETH E. HILBISH,

Defendant.

THE GRAND JURY CHARGES THAT:

  1. At all times material to this indictment, Local Number 528, of the International Brotherhood of Teamsters (IBT), 2540 Lakewood Avenue, SW, Atlanta, Georgia hereinafter referred to as Local 528, was a labor organization engaged in an industry affecting commerce within the meaning Title 29, United States Code, Sections 402 (i) and 402(j).
  2. At all times material to this Indictment, defendant KENNETH E. HILBISH was an officer as that term is defined in Title 29, United States Code, Section 402(n) that is, President of Local 528. He was also directly employed by Local 528.
  3. From on or about July 1, 2001, and continuing through on about December 31, 2002, in the Northern District of Georgia, the defendant, KENNETH E. HILBISH, aided and abetted by others, did embezzle, steal, and unlawfully and willfully abstract and convert to his own use the moneys, funds, securities, property and other assets of Local 528 in the approximate amount of $21,305.00, said sum constituting unauthorized expense payments on behalf of the defendant and others, all in violation of Title 29, United States Code, Section 501 (c) and Title 18, United States Code, Section 2.

A TRUE BILL

/SIGNED/
FOREPERSON

DAVID E. NAHMIAS
UNITED STATES ATTORNEY

/SIGNED/
DAVID M. LETA
ASSISTANT UNITED STATES ATTORNEY
600 U. S. Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303
404/581-6000
Georgia Bar No. 447931

GUILTY PLEA and PLEA AGREEMENT

 

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

CRIMINAL No. 1:06-Cr-0230-BBM

KENNETH E. HILBISH, defendant, having received a copy of the above-numbered Indictment and having been arraigned, hereby pleads GUILTY to Count(s) One thereof. The defendant, his counsel, and the United States Attorney for the Northern District of Georgia ("the Government"), as counsel for the United States, subject to approval by the Court, have agreed upon a negotiated plea in this case, the terms of which are as follows.

  1. ADMISSION OF GUILT

    The defendant admits that he is pleading guilty because he is in fact guilty of the crime(s) charged in Count(s) One of the Indictment.

  2. TRIAL RIGHTS

    The defendant understands that by pleading guilty, he is giving up the right to plead not guilty and the right to be tried by a jury. At a trial, the defendant would have the right to an attorney, and if the defendant could not afford an attorney the Court would appoint one to represent the defendant. During the trial, the defendant would be presumed innocent and the Government would have the burden of proving him guilty beyond a reasonable doubt. The defendant would have the right to confront and cross examine the witnesses against him. If the defendant wished, he could testify on his own behalf and present evidence in his defense, and he could subpoena witnesses to testify on his behalf. If however, the defendant did not wish to testify, that fact could not be used against him. If the defendant were found guilty after a trial, he would have the right to appeal the conviction. The defendant understands that by pleading guilty he is giving up all of these rights and there will not be a trial of any kind. The defendant also understands that he ordinarily would have the right to appeal his sentence and, under some circumstances, to attack the sentence in post-conviction proceedings. By entering this Plea Agreement, the defendant may be waiving some or all of those rights to appeal or collaterally attack his sentence, as specified below. Finally, the defendant understands that, to plead guilty, he may have to answer questions posed to him by the Court concerning the rights that he is giving up and the facts of this case, and the defendant's answers, if untruthful, may later be used against him in a prosecution for perjury or false statements.

  3. MAXIMUM AND MANDATORY PENALTIES

    The defendant understands that based on his plea of guilty, he will be subject to the following maximum and mandatory minimum penalties:

    1. Maximum term of imprisonment: five years incarceration.
    2. Mandatory minimum term of imprisonment: none.
    3. Term of supervised release: two years to three years.
    4. Maximum fine: $250,000.
    5. Full restitution to all victims of the offense(s) and relevant conduct.
    6. Mandatory special assessment: $100.

    The defendant understands that, before imposing sentence in this case, the Court will be required to consider, among other factors, the provisions of the United States Sentencing Guidelines. Ultimately, it is within the Court's discretion to impose a sentence up to and including the statutory maximum. The defendant also understands that no one can predict his exact sentence at this time.

  4. NO ADDITIONAL CHARGES

    The United States Attorney for the Northern District of Georgia agrees not to bring further criminal charges against the defendant related to the charges to which he is pleading guilty. The defendant understands that this provision to does not bar prosecution by any other federal, state, or local jurisdiction.

  5. ACCEPTANCE OF RESPONSIBILITY

    The Government will recommend that the defendant receive the two-level adjustment for acceptance of responsibility pursuant to Section 3E1.1 of the Sentencing Guidelines. However, the Government will not be required to recommend acceptance of responsibility if, after entering this Plea Agreement, the defendant engages in conduct inconsistent with accepting responsibility. Thus, by way of example only, should the defendant falsely deny or falsely attempt to minimize his involvement in relevant offense conduct, give conflicting statements about his involvement, fail to pay the special assessment, or participate in additional criminal conduct including unlawful personal use of a controlled substance, the Government will not be required to recommend acceptance of responsibility.

  6. GUIDELINE RECOMMENDATION

    Based upon the evidence currently known to the Government, the Government will recommend the following applications of the Sentencing Guidelines:

    1. The applicable offense guideline is Section 2B1.1.
    2. The amount of loss resulting from the offense(s) of conviction and all relevant conduct is more than $10,000 but fess $30,000.
    3. Pursuant to Section 3B1.3, the defendant abused a position of private trust in a manner that significant facilitated the commission and concealment of the offense and thus his offense level will be increased by two levels.
  7. RESTITUTION

    The defendant understands that pursuant to the Mandatory Victims Restitution Act of 1996 (the "MVRA"), 18 U.S.C. Section 3663A, the district court must order full restitution to the victim(s) of the offense(s) to which he is pleading guilty. The defendant understands that the exact amount of restitution owed to each victim will be determined at or before sentencing. The defendant agrees to cooperate fully in the investigation of the amount of restitution and the identification of victims.

  8. SPECIAL ASSESSMENT

    The defendant agrees that, within 30 days of the guilt plea, he will pay a special assessment in the amount of $100 money order or certified check made payable to the Clerk of Court, U.S. District Court, 2211 U.S. Courthouse, 75 Spring Street, S.W., Atlanta, Georgia 30303. The defendant agrees to provide proof of such payment to the undersigned Assistant United States Attorney within 30 days of the guilty plea.

  9. SPECIFIC SENTENCE RECOMMENDATION

    If the defendant's non-binding sentencing guidelines result in a sentencing range within Zone A or Zone B of the sentencing table, then the Government agrees to recommend that the defendant be sentenced to a term of probation and a fine within the non-binding sentencing guidelines calculation. The term of probation the government recommends is dependent upon the ultimate loss figure as determined by the Court. If the Court determines that the loss amount is $5,000 or less, than the government will recommend one year probation. If the Court determines the loss amount is between $5,001 and $15,000, then the government will recommend two years probation. If the Court determines the loss amount is $15,001 or greater, than the Government will recommend a sentence of three years probation.

  10. RIGHT TO STATE FACTS/MAKE RECOMMENDATIONS

    The Government reserves the right to inform the Court and the Probation Office of all facts and circumstances regarding the defendant and this case, and to respond to any questions from The Court and the Probation Office and to any misstatements of fact or law. Except as expressly stated elsewhere in this Plea Agreement, the Government also reserves the right to make recommendations regarding application of the Sentencing Guidelines.

  11. LIMITED WAIVER OF APPEAL

    To the maximum extent permitted by federal law, the defendant voluntarily and expressly waives the right to appeal the conviction and sentence and the right to collaterally attack his sentence in any post-conviction proceeding, including a § 2255, on any ground, except that the defendant may file a direct appeal of a sentence higher than the otherwise applicable advisory sentencing guideline range. The defendant understands that this Plea Agreement does not limit the Government's right to appeal, but if the Government appeals the sentence imposed, the defendant may also file a direct appeal of his sentence.

  12. DNA WAIVER

    The parties agree that no biological evidence (as defined in 18 USC § 3600A) has been identified in this case; therefore the defendant understands and agrees that no evidence will be preserved for DNA testing.

  13. NON BINDING - NO STIPULATIONS

    The defendant understands and agrees that the recommendations of the Government incorporated within this Plea Agreement or otherwise discussed between the parties are not binding on the Court and that the Court's failure to accept one or more of the recommendations will not constitute grounds to withdraw his guilty plea or to claim a breach of this Plea Agreement.

  14. NO OTHER AGREEMENTS

    There are no other agreements, promises, representations, or understandings between the defendant and the Government.

In Open Court this 20th day of October, 2006.

_________________
SIGNATURE (Attorney for Defendant)
JEFFREY G. BROWN

_________________
SIGNATURE (Defendant)
KENNETH E. HILBISH

_________________
SIGNATURE (Assistant U.S. Attorney)
DAVID M. LETA

THIS DOCUMENT IS ONLY A DRAFT UNTIL SIGNED BY THE APPROVING OFFICIAL

________________
SIGNATURE (Approving Official)
RANDY S. CHARTASH

________________
DATE

I have read the indictment against me and have discussed it with my attorney. I understand the charges and the elements of each charge that the Government would have to prove to convict me at a trial. I have read the foregoing Agreement and have carefully reviewed every part of it with my attorney. I understand the terms and conditions contained in the Plea Agreement, and I voluntarily agree to them. I also have discussed with my attorney the rights I may have to appeal or challenge my sentence, and I understand that the appeal waiver contained in the Plea Agreement will prevent me, with the narrow exceptions stated, from appealing my sentence or challenging my sentence in any post-conviction proceeding. No one has threatened or forced me to plead guilty, and no promises or inducements have been made to me other than those discussed in the Plea Agreement. The discussions between my attorney and the Government toward reaching a negotiated plea in this case took place with my permission. I am fully satisfied with the representation provided to me by my attorney in this case.

__________________
SIGNATURE (Defendant)
DATE