Office of Labor-Management Standards (OLMS)
United States District Court
Eastern District of Wisconsin
UNITED STATES OF AMERICA,
JUDGMENT IN A CRIMINAL CASE
Case Number: 05-CR-167-001
Pled guilty to the Single Count Information.
Title & Section
Nature of Offense
29 U.S.C. § 501(c)
Embezzling Funds from a Labor Union
The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
IT IS ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.
Date Sentence Imposed: January 27, 2006
U.S. District Judge
January 30, 2006
Date Judgmnet Signed
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of five (5) months as to the Single Count Information, charging a violation of 29 U.S.C. § 501(c).
The court makes the following recommendation to the Bureau of Prisons:
(1) that the defendant be considered for incarceration at a federal facility most near the Eastern District of Wisconsin.
The defendant is to voluntarily surrender to the custody of the United States Marshal on February 15, 2006.
I have executed this judgment as follows:
Defendant delivered on _____ to _____ at _____ with a certified copy of this judgment.
United States Marshal
Deputy U. S. Marshal
Upon release from imprisonment, the defendant shall be on supervised release for a total term of three (3) years as to the Single Count Information for a total term of three (3) years.
The defendant shall not commit another federal, state, or local crime and shall comply with the following special conditions:
- Within 72 hours of release from the custody of the Bureau of Prisons, the defendant shall report to the probation office in the district to which the defendant is released.
- The defendant is not to possess any firearms or other dangerous weapons.
- Pursuant to the Violent Crime Control and Law Enforcement Act of 1994, the defendant shall not illegally possess any controlled substance. Such possession will result in revocation of the supervised release term and the defendant will be obliged to serve a further term in prison.
- The defendant shall not participate in any form of gambling, including the purchase of lottery tickets, or patronize any gambling facilities and shall attend Gambler's Anonymous meetings as provided by his supervising probation officer.
- The defendant shall cooperate in the collection of DNA under the direction of his supervising probation officer.
- The defendant is to refrain from use of all alcoholic beverages throughout the supervised release term.
- The defendant is to pay the restitution at a rate of not less than $50.00 per month. The defendant will also apply one hundred percent (100%) of any annual federal and/or state income tax refund toward payment of the restitution balance. The defendant shall not change exemptions claimed for either federal or state income tax purposes without prior notice to his probation officer.
- The defendant is to provide access to all of the financial information requested by his supervising probation officer including, but not limited to, copies of all federal and state income tax returns. All tax returns shall be filed in a timely manner. The defendant shall also submit monthly financial reports to his supervising probation officer.
- The defendant shall comply with the conditions of home confinement for a period not to exceed 150 consecutive days. During this time, the defendant will remain at his place of residence except for employment and other activities approved in advance by the probation officer. If violations occur, the defendant may be placed in lock down status (restricted to his residence at all times) for one or more days upon order of the court. The defendant will maintain a telephone at his place of residence without "call forwarding", a modem, "caller ID", "call waiting", or portable cordless telephone for the above period. At the direction of the probation officer, the defendant shall wear an Electronic Monitoring device and follow the Electronic Monitoring procedures as approved by his supervising probation officer.
STANDARD CONDITIONS OF SUPERVISION
- The defendant shall not leave the judicial district without the permission of the court or his or her supervising probation officer.
- The defendant shall report to his or her supervising probation officer and shall submit a truthful and complete written report within the first five days of each month.
- The defendant shall answer truthfully all inquiries by his or her supervising probation officer and follow the instructions of his or her supervising probation officer.
- The defendant shall support his or her dependents and meet other family responsibilities.
- The defendant shall work regularly at a lawful occupation unless excused by his or her supervising probation officer for schooling, training, or other acceptable reasons.
- The defendant shall notify his or her supervising probation officer ten days prior to any change in residence or employment.
- The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.
- The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
- The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by his or her supervising probation officer.
- The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of his or her supervising probation officer.
- The defendant shall notify his or her supervising probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.
- The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court.
- As directed by his or her supervising probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit his or her supervising probation officer to make such notification and to confirm the defendant's compliance with such notification requirement.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth on Sheet 5 Part B.
Assessment Fine Restitution
Totals: $ 100 $ 3,000.00 $ 31,700.00 (paid)
The court determines that the defendant does have the financial ability to pay a fine within the guideline range and imposes a fine of three thousand ($3,000.00) dollars. The court determines that the defendant does not have the financial ability to pay the interest on the fine, costs of incarceration, community confinement and supervision and therefore waives the interest on the fine, costs of incarceration, costs of community confinement and supervision in this case.
A waiver of the cost of community confinement does not preclude the Bureau of Prisons from imposing a subsistence fee of up to 25 percent of gross income, based on ability to pay, for any portion of the sentence spent in a community correctional facility.
SCHEDULE OF PAYMENTS
Payments shall be applied in the following order: (1) assessment; (2) fine; (3) restitution.
Special instructions regarding the payment of criminal monetary penalties:
The court considers the defendant's participation in the Federal Bureau of Prisons Inmate Financial Responsibility Program a necessary part of the repayment of the court-imposed financial obligations. Payments are to apply first to the special assessment and then to the fine until paid in full.
During any period of supervised release, the defendant shall pay any balance of any fine at a rate of no less than $50.00 per month.
Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment payment of criminal monetary penalties shall be due during the period of imprisonment. All Criminal monetary penalty payments, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program are to be made as directed by the court, his or her supervising probation officer, or the United States Attorney.