Department of Labor Criminal Enforcement Actions, January 2022

On January 26, 2022, in the United States District Court for the Eastern District of Missouri, Scott E. Rodgers, President of Postal Mail Handlers Local 314 (located in St. Louis, Mo.), pleaded guilty to one count of embezzlement and theft of labor union assets, in violation of 29 U.S.C. 501(c). The guilty plea follows an investigation by the OLMS Denver-St. Louis District Office.

On January 21, 2022, in the United States District Court for the Eastern District of Wisconsin, George Bindas Jr., former President of International Longshoremen’s Association (ILA) Local 1295 (formerly located in Milwaukee, Wisc.), pleaded guilty to one count of embezzlement of union funds in the amount of $1,751 and one count of theft from an employee welfare benefit plan in the amount of $18,319, in violation of 29 U.S.C. 501(c) and 18 U.S.C. 664, respectively. The plea agreement stipulates that $220,000 is a reasonable estimate of the actual and intended loss for both crimes. The guilty plea follows an investigation by the OLMS Detroit-Milwaukee Office and the Employee Benefits Security Administration.

On January 13, 2022, in Michigan’s 16th Circuit Court, Jonathan Suminski, former President of American Federation of Government Employees (AFGE) Local 2077 (located on the Selfridge Air National Guard Base, Mich.), was charged in a one-count felony complaint for embezzling more than $1,000 but less than $20,000, in violation of MCL 750.174(4)(a). The complaint follows an investigation by the OLMS Detroit-Milwaukee District Office.

On January 13, 2022, in Michigan’s 16th Circuit Court, Darold Hubbard, former Executive Vice President of American Federation of Government Employees (AFGE) Local 2077 (located on the Selfridge Air National Guard Base, Mich.), was charged in a one-count felony complaint for embezzling more than $1,000 but less than $20,000, in violation of MCL 750.174(4)(a). The complaint follows an investigation by the OLMS Detroit-Milwaukee District Office.

On January 5, 2022, in the United States District Court for the Western District of Michigan, Kenneth Baumgarner, President of National Association of Letter Carriers (NALC) Branch 1147 (located in Grand Haven, Mich.), pleaded guilty to one count of embezzlement of union funds in the amount of $6,600, in violation of 29 U.S.C. 501(c). The guilty plea follows an investigation by the OLMS Detroit-Milwaukee District Office and the United States Postal Service’s Office of Inspector General.

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.

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