An indictment is a formal accusation or charge based on a finding by a Grand Jury that it is likely that the person charged committed the criminal offense described in the indictment and is the means by which an accused person (defendant) is brought to trial. An indictment raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.

An information is a formal accusation of a crime by a government attorney rather than a Grand Jury.  An information raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.

A charge is an accusation of criminal activity and raises no inference of guilt. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Each count is a separate and distinct offense charged in an indictment or information.

A guilty plea is a defendant’s admission to the court that he or she committed the offense charged and an agreement to waive the right to a trial.

A conviction is a judgment based on a jury’s verdict, judge’s finding, or the defendant’s admission that the defendant is guilty of the crime charged.

A sentence is a judicial determination of the punishment to be imposed on an individual who has plead guilty or has been convicted by a jury or judge of a criminal offense.

 

On April 2, 2024, in the United States District Court for the District of Massachusetts, Linda Rubino, former President of American Federation of Government Employees (AFGE) Local 2143 (located in Boston, Mass.), was charged in a criminal information with one count of theft within special maritime and territorial jurisdiction for taking and carrying away funds from AFGE Local 2143 having a value of approximately $6,976, in violation of 18 U.S.C. 661. The charge follows an investigation by the OLMS Boston-Buffalo District Office and the Department of Veterans Affairs’ Office of Inspector General.

On April 2, 2024, in the United States District Court for the District of Massachusetts, Eugenia Howard, former Secretary-Treasurer of American Federation of Government Employees (AFGE) Local 2143 (located in Boston, Mass.), was charged in a criminal information with one count of theft within special maritime and territorial jurisdiction for taking and carrying away funds belonging to AFGE Local 2143 having a value of approximately $14,904, in violation of 18 U.S.C. 661. The charge follows an investigation by the OLMS Boston-Buffalo District Office and the Department of Veterans Affairs’ Office of Inspector General.

On March 21, 2024, in the United States District Court for the Northern District of New York, Jay Garnsey, former Financial Secretary of United Mine Workers of America (UMWA) Local 717 (located in Ilion, N.Y.), was sentenced to four years of probation, and ordered to pay $38,173 in restitution and a $100 special assessment. On September 28, 2022, Garnsey pleaded guilty to one count of embezzlement of union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Boston-Buffalo District Office and the Ilion Police Department.

On March 18, 2024, in the United States District Court for the District of Massachusetts, Frank Loconte, former President of NER Construction Management Corporation, was sentenced to 20 months in prison followed by three years of supervised release. He was also ordered to pay $4,726,614 in restitution, a $15,000 fine, and a special assessment of $200. NER is a Wilmington-based construction company that employed union workers, including members of Bricklayers Local 3 and various local unions affiliated with the Massachusetts and Northern New England Laborers’ District Council. On September 6, 2023, Loconte pleaded guilty to one count of mail fraud and one count of failing to pay taxes, in violation of 18 U.S.C. 1341 and 26 U.S.C. 7202, respectively. The sentencing follows an investigation by the OLMS Boston-Buffalo District Office, the Department of Labor’s Employee Benefits Security Administration, the Department of Labor’s Office of Inspector General, the Internal Revenue Service’s Criminal Investigation, and the Federal Bureau of Investigation.

On March 11, 2024, in the United States District Court for the District of Massachusetts, Andrea Anderson, former employee of the Brotherhood of Shoe and Allied Craftsmen (located in Lakeville, Mass.), was sentenced to two years of probation. She was also ordered to pay $30,316 in restitution. On October 31, 2023, Anderson pleaded guilty to one count of embezzlement from a labor organization, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Boston-Buffalo District Office.

On March 4, 2024, in the United States District Court for the Eastern District of Pennsylvania, Brian Fiocca, former employee of International Brotherhood of Electrical Workers (IBEW) Local 98 (located in Philadelphia, Pa.), was sentenced to 3 years of probation and 40 hours of community service. He was also ordered to pay $10,376 in restitution, a $5,000 fine, a $500 assessment, and $2,044 in forfeiture. On December 21, 2022, Fiocca pleaded guilty to five counts of embezzlement of union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Philadelphia-Pittsburgh District Office, the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation, the Department of Labor’s Employee Benefits Security Administration, the Department of Labor’s Office of Inspector General, and the Pennsylvania State Police, with assistance from the Pennsylvania Attorney General’s Office.

On March 1, 2024, in the District Court for the State of Alaska, First Judicial District of Ketchikan, Michael Williams, former Secretary/Treasurer of the International Longshore and Warehouse Union (ILWU) Local 200 - Unit 62 (located in Ketchikan, Alaska), pleaded guilty to theft in the third degree, in violation of AS11.46.140(a)(1). He was then sentenced to one year in jail (suspended) and five years of supervised release. He was also ordered to pay $4,245 in restitution and a $50 fine. The sentencing follows an investigation by the OLMS San Francisco-Seattle District Office.

On February 22, 2024, in the Criminal Court of Davidson County, Tennessee, Mary French Poindexter, former Treasurer of Tennessee Staff Union (located in Nashville, Tenn.), was indicted on one count of theft of property in the amount of $112,688, in violation of Tennessee Code 39-14-103, a Class B felony. The indictment follows an investigation by the OLMS Atlanta-Nashville District Office.

On February 22, 2024, in the United States District Court for the Eastern District of Pennsylvania, Niko Rodriguez, former employee of International Brotherhood of Electrical Workers (IBEW) Local 98 (located in Philadelphia, Pa.), was sentenced to 3 years of probation and 80 hours of community service. He was also ordered to pay $13,491 in restitution, a $5,000 fine, a $600 assessment, and $1,079 in forfeiture. On December 19, 2022, Rodriguez pleaded guilty to six counts of embezzlement of union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Philadelphia-Pittsburgh District Office, the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation, the Department of Labor’s Employee Benefits Security Administration, the Department of Labor’s Office of Inspector General, and the Pennsylvania State Police, with assistance from the Pennsylvania Attorney General’s Office.

On February 21, 2024, in the United States District Court for the Eastern District of Pennsylvania, Marita Crawford, former Business Agent and Political Director of International Brotherhood of Electrical Workers (IBEW) Local 98 (located in Philadelphia, Pa.), was sentenced to 15 days of incarceration, 3 months of home confinement, and 3 years of supervised release. She was also ordered to pay $11,903 in restitution, a $2,000 fine, a $400 assessment, and $2,777 in forfeiture. On December 19, 2022, Crawford pleaded guilty to four counts of wire fraud, in violation of 18 U.S.C. 1343. The sentencing follows an investigation by OLMS Philadelphia-Pittsburgh District Office, the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation, the Department of Labor’s Employee Benefits Security Administration, the Department of Labor’s Office of Inspector General, and the Pennsylvania State Police, with assistance from the Pennsylvania Attorney General’s Office.

On February 20, 2024, in the United States District Court for the Eastern District of Pennsylvania, Michael Neill, former Apprentice Training Director of International Brotherhood of Electrical Workers (IBEW) Local 98 (located in Philadelphia, Pa.), was sentenced to 13 months in prison and 3 years of supervised release. Neill was also ordered to pay $92,733 in restitution, $27,715 to the Internal Revenue Service, a $10,000 fine, a $600 special assessment, and $25,259. in forfeiture. On December 21, 2022, Neill pleaded guilty to four counts of embezzlement of union funds, one count of theft from an employee benefit plan, and one count of filing false federal income tax returns, in violation of 29 U.S.C. 501(c), 18 U.S.C. 664, and 26 U.S.C 7206(1), respectively. The sentencing follows an investigation by OLMS Philadelphia-Pittsburgh District Office, the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation, the Department of Labor’s Employee Benefits Security Administration, the Department of Labor’s Office of Inspector General, and the Pennsylvania State Police, with assistance from the Pennsylvania Attorney General’s Office.

On February 15, 2024, in the United States District Court for the Western District of Texas, Dawn Munoz, former outside bookkeeper for American Federation of Government Employees (AFGE) Local 1929 (located in El Paso, Tex.), was sentenced to 24 months of jail confinement and 12 months of supervised release. Munoz was also ordered to pay $70,269 in restitution and a $100 special assessment. On May 10, 2023, Munoz pleaded guilty to one count of aiding and abetting in the preparation and presentation of a false return, in violation of 26 U.S.C. 7206(2). The sentencing follows an investigation by the OLMS Dallas-New Orleans District Office, the Internal Revenue Service, the Federal Bureau of Investigation, and the Department of Homeland Security’s Office of Inspector General.

On February 15, 2024, in the United States District Court for the Eastern District of Wisconsin, Marie Noth, former Deputy Administrator of the trusteeship imposed on the American Federation of State, County and Municipal Employees (AFSCME) Local 777 (located in Milwaukee, Wis.), was sentenced to two years of supervised release. Noth was also ordered to pay $70,900 in restitution and a $100 special assessment. On November 15, 2023, Noth pleaded guilty to one count of embezzling union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Detroit-Milwaukee District Office.

On February 1, 2024, in the Pittsfield District Court in Berkshire County, Massachusetts, Robert Lucey, former Treasurer of National Association of Letter Carriers (NALC) Branch 286 (located in Pittsfield, Mass.), was charged in a criminal complaint with one count of larceny over $1,200, eight counts of forgery of a check, and eight counts of uttering a false check,, in violation of Massachusetts G.L. c.266, 30(1); c.267, 1; and c.267, 5, respectively. The charges follow an investigation by the OLMS Boston-Buffalo District Office and the Pittsfield Police Department.

On January 29, 2024, in the Superior Court of the State of Delaware, Ivan Berry, former Treasurer of Utility Workers Local 584 (located in Newark, Del.), was charged in a two-count indictment with theft and unlawful use of a payment card, in violation of Delaware Code Title 11, Sections 841 and 903(a), respectively. The indictment follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.

On January 22, 2024, in the United States District Court for the Northern District of Florida, Muriel Newman, former President of American Federation of Government Employees (AFGE) Local 2779 (located in Gainesville, Fla.), pleaded guilty to four counts of wire fraud and one count of falsification of records, in violation of 18 U.S.C. 1343 and 18 U.S.C. 1519, respectively. The guilty plea follows an investigation by the OLMS Atlanta-Nashville District Office.

On January 17, 2024, in the United States District Court for the Southern District of New York, Kenneth Wynder Jr, former President of the Law Enforcement Employees Benevolent Association (LEEBA), located in New York, N.Y., was sentenced to 40 months in prison and three years of supervised release. Wynder was ordered to pay $838,683 in restitution, $529,000 in forfeiture, and a $700 special assessment. On May 30, 2023, following a five-day jury trial, Wynder was convicted of conspiracy to commit wire fraud, wire fraud, conspiracy to evade federal taxes, and federal tax evasion, in violation of 18 U.S.C. 1349, 18 U.S.C. 1343, and 26 U.S.C. 7201. The sentencing follows an investigation by the OLMS New York District Office, the Federal Bureau of Investigation, and the Internal Revenue Service – Criminal Investigations.

On January 17, 2024, in the United States District Court for the Southern District of New York, Andrew Brown, former Benefits Coordinator for the Law Enforcement Employees Benevolent Association (LEEBA), located in New York, N.Y., was sentenced to 18 months in prison and three years of supervised release. Brown was ordered to pay $529,000 in restitution, $3,049 in forfeiture, and a $200 special assessment. On May 30, 2023, following a five-day jury trial, Brown was convicted of conspiracy to commit wire fraud and wire fraud, in violation of 18 U.S.C. 1349 and 18 U.S.C. 1343. The sentencing follows an investigation by the OLMS New York District Office, the Federal Bureau of Investigation, and the Internal Revenue Service – Criminal Investigations.

On January 3, 2024, in the United States District Court for the District of Kansas, Randal Dunlap, former Treasurer of National Association of Letter Carriers (NALC) Branch 1018 (located in Manhattan, Kans.), was charged in a seven-count indictment for embezzling approximately $86,000 in union funds, filing false reports, and falsifying union records, in violation of 29 U.S.C. 501(c), 29 U.S.C. 439(b), 29 U.S.C. 439(c), respectively. The indictment follows an investigation by the OLMS Denver-St. Louis District Office.

 

 

Last Updated: 4-16-24