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Office of Labor-Management Standards (OLMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA

v.

C. MICHAEL VENCILL

CASE NO. 3-03-118

JUDGE: THOMAS M. ROSE

INDICTMENT
29 U.S.C. § 501(c)
29 U.S.C. § 439(b)
29 U.S.C. § 439(c)

THE GRAND JURY CHARGES THAT:

COUNTS 1-59

At all times relevant herein:

1. From late 1997 until June 2000, the defendant, C. MICHAEL VENCILL, was the secretary-treasurer of the American Federation of Musicians, Local 101-473, (hereinafter the “Union”), which was a labor organization engaged in an industry affecting commerce and located in the Southern District of Ohio.

2. The Union represented approximately 250 members in and around the greater Dayton, Ohio area. Local musicians were employed to perform at social and civic events within the Union’s jurisdiction. The largest employer under contract with the Union was the Dayton Philharmonic Orchestra.

3. During his tenure as secretary-treasurer for the Union, the defendant, C. MICHAEL VENCILL, devised and executed a scheme to unlawfully and willfully embezzle, steal, abstract and convert to his own use and the use of others moneys, funds, and other assets belonging to the Union.

4. The scheme consisted of the defendant, C. MICHAEL VENCILL, preparing and negotiating unauthorized checks from the Union’s National City Bank account to himself, his family members, and various companies with which he had non-Union related accounts and dealings. The companies included First USA Bank, Ameritech, Dayton Power & Light, A.J. Painting, Dinn Brothers, Photo Sports Center, Pingles Trophies, and O.C.M.A..

5. As part of the scheme, the defendant, C. MICHAEL VENCILL, used a signature stamp bearing the Union president’s signature in an unauthorized manner and without the president’s knowledge or consent. The defendant, C. MICHAEL VENCILL, also wrote checks in amounts requiring Executive Board approval without obtaining that approval. The defendant, C. MICHAEL VENCILL, attempted to hide what he had done by falsely reporting Union meeting minutes and failing to provide the Union with financial records he was required to maintain.

6. As secretary-treasurer, the defendant, C. MICHAEL VENCILL, was responsible for running the Union’s office, recording and maintaining general membership and executive board meeting minutes, writing and signing Union checks, paying the Union’s bills, keeping and maintaining the Union’s financial records, providing financial reports to the Union’s executive board, and preparing, signing, and filing the Union’s annual LM-3 financial reports with the United State’s Department of Labor.

7. While the defendant, C. MICHAEL VENCILL, was the secretary-treasurer, the Union had one checking account and one savings account. Both accounts were held by National City Bank.

8. The sole method by which the Union disbursed money was by check from the Union’s National City Bank account. Each check had to have two original signatures belonging to authorized officers of the Union. While the Union did have a signature stamp for its president, its use was not authorized on checks.

9. In addition to the dual signature requirement on the checks, Executive Board approval was required for all nonrecurring Union expenditures over $100.00.

10. The defendant, C. MICHAEL VENCILL, helped write the Union by-laws which set forth the requirements for financial disbursements.

11. For the years 1998 and 1999, the defendant, C. MICHAEL VENCILL, underreported the allowances and disbursements he received on the annual financial reports he prepared, signed, and filed with the United States Department of Labor.

12. When he ceased to be the Union’s secretary-treasurer, the defendant, C. MICHAEL VENCILL, failed to provide the Union with the financial records he was required to maintain, and he advised the Union officers that he had given them everything he possessed.

13. Between January 9, 1998 and June 10, 2000, the defendant, C. MICHAEL VENCILL, executed his scheme to embezzle and convert to the use of himself and others a total of approximately $13,034 in Union money, funds, and assets. This includes $1,076 in excess salary and/or expense payments to himself, $4,449 to family members, $2,095 for his personal credit card bills, $2,803 for his personal telephone and utility bills, and $2,611 to various vendor companies for non-Union related expenditures.

14. On or about each of the specific dates below, each date representing a separate count and offense, in the Southern District of Ohio, the defendant, C. MICHAEL VENCILL while an officer and employee of a labor organization, to wit: the secretary-treasurer of the Union, did willfully and unlawfully embezzle, steal and convert to his own use and the use of others moneys, funds, and assets of the Union.

15. The foregoing enumerated paragraphs are incorporated by reference into each of the following counts:

all in violation of 29 U.S.C. § 501(c).

Count

Date

Check No.

Payee

Amount

1

6/12/99

14333

Ameritech

$156.81

2

7/13/99

14361

Ameritech

$139.89

3

8/4/99

14378

Ameritech

$ 87.84

4

9/22/99

14392

Ameritech

$ 87.33

5

10/19/99

14401

Ameritech

$130.90

6

11/16/99

14413

Ameritech

$102.56

7

12/13/99

14429

Ameritech

$ 99.66

8

1/12/00

14453

Ameritech

$ 96.03

9

2/14/00

14479

Ameritech

$110.49

10

3/14/00

14519

Ameritech

$ 81.59

11

5/4/00

14563

Ameritech

$226.00

12

6/1/00

14583

Ameritech

$78.58

[Total to Ameritech in Counts 1-12: $1,397.68.]

13

11/16/99

14415

Dayton Power & Light

$148.11

14

12/12/99

14427

Dayton Power & Light

$183.81

15

1/12/00

14454

Dayton Power & Light

$212.19

16

2/14/00

14478

Dayton Power & Light

$296.56

17

3/14/00

14518

Dayton Power & Light

$239.66

18

3/29/00

14527

Dayton Power & Light

$193.29

19

6/1/00

14582

Dayton Power & Light

$131.70

[Total Dayton, Power & Light in Counts 13-19: $1,405.32]

20

7/7/99

14354

First USA Bank

$240.33

21

10/15/99

14398

First USA Bank

$200.00

22

11/16/99

14414

First USA Bank

$204.75

23

12/13/99

14428

First USA Bank

$150.00

24

1/12/00

14455

First USA Bank

$100.00

25

2/14/00

14480

First USA Bank

$200.00

26

3/14/00

14520

First USA Bank

$100.00

27

4/25/00

14544

First USA Bank

$300.00

28

5/8/00

14565

First USA Bank

$600.00

[First USA Bank, Counts 20-28: $2,095.08]

29

2/26/99

14234

A.J. Painting

$230.00

30

3/29/99

14262

A.J. Painting

$283.55

[Total A.J. Painting in Counts 29-30: $513.55]

31

2/26/99

14235

Dinn Brothers

$169.25

32

5/17/99

14308

Dinn Brothers

$243.45

33

6/10/99

14330

Dinn Brothers

$ 77.45

[Total Dinn Brothers in Counts 31-33: $490.15]

34

1/11/99

14184

C.B. Vencill

$100.00

35

1/25/99

14206

C.B. Vencill

$ 80.00

36

4/10/00

14535

C.B. Vencill

$250.00

37

4/17/00

14540

C.B. Vencill

$150.00

38

5/17/00

14572

C.B. Vencill

$150.00

[Total C.B. Vencill in Counts 34-38: $730.00]

39

4/19/99

14291

Rebecca Vencill

$ 50.00

40

7/22/99

14367

Rebecca Vencill

$ 96.00

41

12/21/99

14438

Rebecca Vencill

$100.00

42

1/5/00

14450

Rebecca Vencill

$ 72.00

43

2/9/00

14477

Rebecca Vencill

$ 85.00

44

2/16/00

14489

Rebecca Vencill

$ 81.00

[Total Rebecca Vencill in Counts 39-44: $484.00]

45

2/24/00

14499

Verla Vencill

$ 80.00

46

3/2/00

14509

Verla Vencill

$ 75.00

47

3/22/00

14522

Verla Vencill

$100.00

48

4/6/00

14534

Verla Vencill

$ 80.00

49

4/11/00

14536

Verla Vencill

$ 85.00

50

4/18/00

14542

Verla Vencill

$ 96.00

51

4/25/00

14543

Verla Vencill

$ 85.00

52

4/26/00

14546

Verla Vencill

$500.00

53

5/3/00

14561

Verla Vencill

$ 85.00

54

5/10/00

14567

Verla Vencill

$110.00

55

5/18/00

14575

Verla Vencill

$110.00

56

5/19/00

14576

Verla Vencill

$75.00

57

5/24/00

14579

Verla Vencill

$ 80.00

58

6/2/00

14584

Verla Vencill

$ 72.00

[Total Verla Vencill in Counts 45-58: $1,633.00]

59

7/30/99

14374

Jason Vencill

$350.00

all in violation of 29 U.S.C. 501(c).

COUNT 60 (Misdemeanor)

On or about March 9, 1999, in the Southern District of Ohio, the defendant, C. MICHAEL VENCILL, did make a false statement and representation of a material fact, knowing it to be false, and knowingly failed to disclose a material fact in a document, report, or other information required under Title II of the Act of September 14, 1959, P.L. 86-257, 73 Stat. 524, generally known as 29 U.S.C. §§ 431, et seq.; to wit: falsely reporting the allowances and disbursements he had received during the period January 1, 1998 through December 31, 1998 in Form LM-3, Labor Organization Annual Report.

In violation of 29 U.S.C. § 439(b).

COUNT 61 (Misdemeanor)

On or about April 29, 2000, in the Southern District of Ohio, the defendant, C. MICHAEL YENCILL, did make a false statement and representation of a material fact, knowing it to be false, and knowingly failed to disclose a material fact in a document, report, or other information required under Title II of the Act of September 14, 1959, P.L. 86-257, 73 Stat. 524, generally known as 29 U.S.C. §§ 431, et seq.; to wit: falsely reporting the allowances and disbursements he had received during the period January 1, 1999 through December 31, 1999 in Form LM-3, Labor Organization Annual Report.

In violation of 29 U.S.C. § 439(b).

COUNT 62 (Misdemeanor)

On or between January 9, 1998 and June 10, 2000, in the Southern District of Ohio, the defendant, C. MICHAEL VENCILL, did willfully make a false entry in and did willfully conceal, withhold and destroy books, records, reports, and statements required to be kept by any provision of Title II of Act September 14, 1959, P.L. 86-257, 73 Stat. 524, generally known as 29 U.S.C. §§ 431, et seq.; to wit: by falsely reporting minutes of Union Executive Board meetings and by concealing, withholding, and destroying Union records including minutes from general membership and Executive Board meetings, cancelled checks, check stubs, bank records, and supporting documentation for disbursements.

In violation of 29 U.S.C. § 439(c).

A TRUE BILL

/SIGNED/_____________

FOREPERSON

GREGORY G. LOCKHART

United States Attorney

/SIGNED/_________________

J. RICHARD CHEMA

Chief, Criminal Division