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Painters

Guilty Pleas

Office of Labor-Management Enforcement

The Office of Labor-Management Standards (OLMS) conducts both civil and criminal investigations of alleged violations of the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws.

These investigations by OLMS District Offices involve issues such as embezzlements of union funds, union officer elections, the filing of required reports by unions and others with OLMS, and the imposition of trusteeships over subordinate unions by a parent body. These investigations may result in legal enforcement actions.

DateDescription
May 4th, 2020On May 4, 2020, in the United States District Court for the Eastern District of Kentucky, Shannon Pemberton, former Treasurer for Painters Local 238 (located in Cincinnati, Ohio), was sentenced to three years of probation and ordered to pay restitution of $958 and a $100 assessment. Pemberton previously paid $5,444 in restitution. On January 23, 2020, Pemberton pleaded guilty to one count of embezzling union funds in the amount of $6,403, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Cincinnati-Cleveland District Office.
January 23rd, 2020On January 23, 2020, in United States District Court for the Eastern District of Kentucky, Shannon Pemberton, former Treasurer of Painters Local 238 (located in Cincinnati, Ohio), pleaded guilty to one count of embezzling union funds, in violation of 29 U.S.C. 501(c).  The guilty plea follows an investigation by the OLMS Cincinnati-Cleveland District Office. 
August 15th, 2018On August 15, 2018, in the United States District Court for the Eastern District of Pennsylvania, Carl DeRenzis, former Treasurer of International Union of Painters and Allied Trades (IUPAT) Local 1955 (located in Philadelphia, Pa.), was sentenced to three years of probation with the first six months to be served in a residential re-entry center and 50 hours of community service. DeRenzis was also ordered to pay $15,701 in restitution and a $100 special assessment. He previously paid restitution in the amount of $37,580. On October 30, 2017, DeRenzis 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 Philadelphia-Pittsburgh District Office.
October 30th, 2017On October 30, 2017, in the United States District Court for the Eastern District of Pennsylvania, Carl DeRenzis, former Treasurer of International Union of Painters and Allied Trades (IUPAT) Local 1955 (located in Philadelphia, Pa.), pled guilty to one count of embezzling union funds in the amount of $53,281, in violation of 29 U.S.C. 501(c). The guilty plea follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.
August 31st, 2017On August 31, 2017, in the United States District Court for the Western District of Missouri, Monique Tyson, former secretary for Painters District Council 3 (located in Raytown, Mo.), was sentenced to one year of probation. Tyson had previously paid restitution in the amount of $7,500. On March 21, 2017, Tyson pled guilty to one count of falsifying union records, in violation of 29 U.S.C. 439(c). The sentencing follows an investigation by the OLMS Kansas City Resident Investigator Office.
June 7th, 2017On June 7, 2017, in the United States District Court for the Eastern District of New York, Francis Mazzella, employer for members of Metal Polishers/Refinishers, Painters, Production and Novelty Workers, Sign Pictorial and Display, Automotive Equipment Painters Workers Union Local 8A-28A (located in Long Island City, N.Y.), was sentenced to three years of probation and was ordered to pay more than $400,000 in restitution. On February 27, 2012, Mazzella pled guilty to a two-count information charging him with Conspiracy to Commit Wire Fraud and Mail Fraud, in violation of 18 U.S.C. 1349 and 18 U.S.C. 371. Mazzella owned and controlled City-Wide, a New York City contracting firm. City-Wide entered into an agreement with Local 8A-28A to perform construction work on their union hall. The investigation disclosed that Three Generations, another union contractor owned by Robert Fabrizio, actually performed the union hall renovation, rather than City-Wide. Mazzella submitted false invoices to the Local 8A-28A Welfare Fund claiming that City-Wide had performed the work resulting in being paid significantly inflated rates for work not completed by the company. Mazzella was also responsible for administering the payroll of Three Generations and would routinely pay employees all or a portion of their salaries in cash and did not disclose these payments to the IRS. The sentencing follows a joint investigation by the OLMS New York District Office, the IRS-CID, and the Employee Benefits Security Administration.
March 21st, 2017On March 21, 2017, in the United States District Court for the Western District of Missouri, Monique Tyson, former office secretary for Painters District Council 3 (located in Raytown, Mo.), pled guilty to one count of falsifying union records, in violation of 29 U.S.C. 439(c). Tyson falsified entries in the unionÄôs cash receipts journal to hide her embezzlement of between $7,500 and $20,864. The guilty plea follows an investigation by the OLMS Kansas City Resident Office.
March 1st, 2017On March 1, 2017, in the United States District Court for the Eastern District of New York, Robert Fabrizio, the owner of Three Generations, a union contractor and an employer trustee of the Painters Local 8A-28A welfare fund, was sentenced to eight months in jail and one year of supervised release. He was also ordered to make full restitution of $743,032. Fabrizio was convicted of conspiring to facilitate a kickback scheme whereby the third party administrator (TPA) of the welfare fund paid him $743,032 over a seven-year period, through a shell company he controlled, to ensure the TPA maintained his contract with the fund. Fabrizio shared these proceeds with co-conspirator Hector Lopez, former President of Painters Local 8A-28A (located in Long Island City, N.Y.), who was sentenced to four years of incarceration following his conviction in November 2014. In November 2011, Fabrizio pled guilty to one count of Kickbacks to Influence Operations of Employee Benefit Plan and two counts of Money Laundering Conspiracy. The sentencing follows an investigation by the OLMS New York District Office, the Department of LaborÄôs Office of Inspector General, the Employee Benefits Security Administration, and the IRS-CID.
May 13th, 2016On May 13, 2016, in the United States District Court for the District of Hawaii, Raymond Fujii, former Executive Director for the Hawaii Painting & Decorating Contractors Association (PDCA), was sentenced to 42 months of imprisonment, three years of supervised release, and was ordered to pay $1,234,713 in restitution. On January 20, 2016, Fujii pled guilty to one count of mail fraud, in violation of 18 U.S.C. 1341, for concealing his embezzlement of approximately $1,483,800 from the Hawaii Painters Trade Promotion & Charity Fund and the PDCA, and one count of filing a false tax return. The Trade Promotion & Charity Fund is a CBA-negotiated fund that comes out of hourly wages of members of Painters District Council 50 (located in Honolulu, Hawaii). The fund is used to primarily fund the PDCA. The sentencing follows an investigation by the OLMS Honolulu Resident Investigative Office and the Internal Revenue Service-Criminal Investigations.
January 27th, 2016On January 27, 2016, in the United States District Court for the District of Hawaii, Raymond Fujii, former executive director for the Hawaii Painting & Decorating Contractors Association (PDCA), pled guilty to one count of mail fraud, in violation of 18 U.S.C. 1341, for concealing his embezzlement of approximately $1,483,800 from the Hawaii Painters Trade Promotion & Charity Fund and the Association between 1997 and 2014. The Trade Promotion & Charity Fund is a CBA-negotiated fund that comes out of hourly wages of members of Painters District Council 50 (located in Honolulu, Hawaii). The fund is used to primarily fund the PDCA. Sentencing is scheduled for May 9, 2016. The plea follows an investigation by the OLMS Honolulu Resident Investigative Office and the Internal Revenue Service-Criminal Investigations.
October 29th, 2015On October 29, 2015, in the United States District Court for the District of Massachusetts, Jacquelyn Askew, former bookkeeper for Painters District Council 35 (located in Roslindale, Mass.), was sentenced to two years of probation and was ordered to pay $18,720 in restitution, a $2,500 fine, and a $100 special assessment. Askew previously paid restitution in the amount of $22,209. On July 22, 2015, Askew pled guilty to one count of embezzling $40,930 in union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Boston-Buffalo District Office.
July 22nd, 2015On July 22, 2015, in the United States District Court of Massachusetts, Jacqueline Askew, a former bookkeeper for Painters District Council 35 (located in Roslindale, Mass.), pled guilty to one count of embezzling $40,930 in union funds, in violation of 29 U.S.C. 501(c). The guilty plea follows an investigation by the OLMS Boston-Buffalo District Office.
November 21st, 2013On November 21, 2013, in the United States District Court for the Eastern District of New York, Hector Lopez, President of Painters Local 8A-28A (located in Long Island City, N.Y.), was sentenced to four years in prison and was ordered to pay $800,371 in restitution and forfeiture of $371,000 for a total financial obligation of $1,171,371. On April 9, 2013, Lopez pled guilty to one count of conspiracy to commit mail fraud and wire fraud, in violation of 18 U.S.C. 1349, and one count of filing false tax returns, in violation of 26 U.S.C. 7201. The sentencing follows an investigation by the OLMS New York District Office, Department of Labor’s Office of Inspector General, and Internal Revenue Service.
July 10th, 2013On July 10, 2013, in the United States District Court for the Northern District of Indiana, Tracey R. Tigner, former office secretary for International Union of Painters and Allied Trades (IUPAT) District Council 91 (located in Merrillville, Ind.), was sentenced to three months of imprisonment and three years of supervised release. Tigner was also ordered to pay restitution in the amount of $30,462 and a special assessment of $100. On April 19, 2013, Tigner pled guilty to a one-count indictment for embezzling union funds, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Chicago District Office and the Department of Labor’s Office of Inspector General.
July 1st, 2013On July 1, 2013, Kristine Stephens, former administrative assistant and bookkeeper for Painters Local 567 in Sparks, Nevada, was sentenced to 10 months of home confinement with electronic monitoring, five years of probation, 100 hours community service, and was ordered to pay $81,570 in restitution. In November 2012, Stephens pled guilty to one count of embezzlement. The investigation found that Stephens stole cash dues from the union.
April 19th, 2013On April 19, 2013, in the United States District Court for the Northern District of Indiana, Tracey R. Tigner, former office secretary for International Union of Painters and Allied Trades District Council 91 (located in Merrillville, Ind.), pled guilty to embezzlement of union funds, in violation of 29 U.S.C. 501(c). On February 7, 2013, Tigner was indicted on the same charge. The plea follows an investigation by the OLMS Chicago District Office and the Department’s Office of Inspector General.
February 27th, 2012On February 27, 2012, in the United States District Court for the Eastern District of New York, Francis Mazzella, employer for members of Painters Local 8A-28A (located in Long Island City, N.Y.), waived indictment and pled guilty to a two-count information charging Conspiracy to Commit Wire Fraud and Mail Fraud, in violation of 18 U.S.C. 1349 and 18 U.S.C. 371. The plea follows an investigation by the OLMS New York District Office.
October 24th, 2011On October 24, 2011, in the United States District Court for the Southern District of New York, Ephram Pascall, former President/Business Manager of Painters Local 1422 (located in New York, N.Y.), pled guilty to one count of embezzlement in the amount of $34,199, in violation of 29 U.S.C. 501(c). Pascall was then sentenced to six months home confinement (on weekends), three years supervised release, and was ordered to pay $34,199 in restitution and a $100 special assessment. The guilty plea and sentencing follow an investigation by the OLMS New York District Office.
July 6th, 2011On July 6, 2011, in the United States District Court for the Southern District of New York, Ephram Pascall, former President/Business Manager of Painters Local 1422 (located in New York, N.Y.), pled guilty to one count of embezzlement in the amount of $34,199, in violation of 29 U.S.C. 501(c). The guilty plea follows an investigation by the OLMS New York District Office.
June 17th, 2011On June 17, 2011, in the United States District Court, District of New Jersey, Michelle Facciolli, former President/Field Representative of Painters District Council 711 (located in Egg Harbor Township, N.J.), pled guilty to receiving a loan in excess of $2,000, in violation of 29 U.S.C. 503(a) and (c). Facciolli's sentencing is scheduled for September 2011. The guilty plea follows an investigation by the OLMS New Haven Resident Investigator Office.
October 25th, 2010On October 25, 2010, in the United States District Court, Newark, NJ, Patrick Brennan, former Business Manager of Painters District Council 711 (located in Egg Harbor Township, NJ), was sentenced to six months incarceration and six months home confinement, and he was ordered to pay restitution in the amount of $32,487.26. Brennan had previously pled guilty to embezzling $32,487.26 of funds from Painters District Council 711, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Newark Resident Investigator Office.
May 19th, 2010On May 19, 2010, in the United States District Court for the District of Montana, Tammy Smith, former office secretary for Painters Local 1922 (located in Billings, Mont.), was sentenced to 30 months of probation, and was ordered to pay restitution in the amount of $11,175.43, an assessment of $100, and a fine of $500. On March 31, 2010, Smith pled guilty to embezzling union funds in the amount of $11,175.43. The sentencing follows an investigation by the OLMS Denver District Office.
May 12th, 2010On May 12, 2010, in the United States District Court for the District of New Jersey, Patrick James Brennan, former Business Manager and Secretary Treasurer of International Union of Painters and Allied Trades District Council 711 (located in Egg Harbor Township, N.J.), pled guilty to three counts of embezzlement of union funds. Brennan used the District Council’s credit card for his own benefit and personal use and that of others in the amount of $4,862.12; converted to his own use and the use of others the District Council’s property, specifically a union vehicle worth approximately $11,000, and issued himself unauthorized holiday bonuses between December 22, 2004 and December 14, 2006 totaling $8,652. The plea follows an investigation by the New York District Office.
October 19th, 2009On October 19, 2009, in the United States District Court for the District of Maine, Brian Wheeler, former Treasurer of Painters Local 1468 (located in Brentwood, N.H.), was sentenced to five years probation, and was ordered to pay restitution in the amount of $5, 000, a $5,000 fine, and a $100 special assessment. On July 1, 2009, Wheeler had pled guilty to one count of embezzling union funds. The sentencing follows an investigation by the OLMS Boston District Office.
September 25th, 2009On September 25, 2009, in the United States District Court for the Western District of Washington, Fawne Lei-Petersen, former office manager of Painters Local 300 (located in Seattle, Wash.), was sentenced to 3 months in prison, 7 months of home confinement, and 36 months of supervised release. On June 15, 2009, Lei-Petersen pled guilty to embezzling union funds in the amount of $86,116. The sentencing follows an investigation by the OLMS Seattle District Office.
June 25th, 2008On June 25, 2008, in the United States District Court for the Western District of Oklahoma, Lea Ann Newton, former office secretary of Painters Local 807 (located in Oklahoma City, Okla.), pled guilty to one count of falsification of union records, and agreed to make restitution in the amount of $6,133.19. Newton previously made restitution in the amount of $2,795.81. The guilty plea follows an investigation by the OLMS Dallas District Office.
February 1st, 2007On February 1, 2007, in the United States District Court for the District of Montana, Patrick Kennedy, former Financial Secretary for Painters Local 720, was sentenced to five years probation; six months home confinement; drug treatment; no gambling; $100 court fine; and ordered to make restitution to the union in the amount of $15,621.81. On October 31, 2006, Kennedy pled guilty to one count of embezzling union funds in the same amount. The sentencing follows an investigation by the OLMS Denver District Office.
October 31st, 2006On October 31, 2006, in the United States District Court for the District of Montana, Michael Kennedy, former Financial Secretary for Painters Local 720, pled guilty to embezzlement of union funds. In a previously sealed indictment, Kennedy was charged with embezzling $15,612 by writing 84 unauthorized checks to himself, for cash, and to third parties. He was also charged with forging signatures and with making false entries in union books and records. The guilty plea follows an investigation by the OLMS Denver District Office.
October 11th, 2006On October 11, 2006, in the United States District Court for the Central District of Illinois, Richard V. Weber, former Treasurer for Painters Local 1164, pled guilty to filing a false report in order to conceal the embezzlement and misapplication of union funds. The guilty plea follows an investigation by the OLMS Chicago District Office.
January 24th, 2003On January 24, 2003, in the United States District Court for the Northern District of Indiana, William Brooks, former recording secretary of Painters Local 8 of Lake Station, Indiana, pled guilty to embezzling $13,755.15 in union funds. Brooks was indicted on November 15, 2001 following an investigation by the OLMS Chicago District Office.
November 6th, 2002On November 6, 2002, in the United States District Court for the Northern District of Indiana, James Clem, former business manager of Painters Local 80, was sentenced to four months of home confinement, three years of supervised release, and ordered to make full restitution of $15,977. On August 21, 2002, Clem pled guilty to one count of embezzling union funds following an investigation by the OLMS Chicago District Office.
October 28th, 2002On October 28, 2002, in the United States District Court for the Middle District of Florida, Dwight West III, a former organizer for Painters District Council 78, was sentenced to one year plus one day imprisonment followed by three years of supervised probation. He was ordered to make restitution of $2,106.76, which represents the unpaid balance of the funds embezzled. He had pled guilty on July 31, 2002, to a one-count information charging him with embezzling $30,343.86. The charges had been brought following an investigation by the OLMS Atlanta District Office.
August 21st, 2002On August 21, 2002, in the United States District Court for the Northern District of Indiana, James Clem, former business manager and financial secretary of Painters Local 80, pled guilty to embezzling $15,977 in both union funds and apprenticeship/training funds. He had been charged in a 16-count indictment following an investigation by the OLMS Chicago District Office.
July 31st, 2002On July 31, 2002, in the United States District Court for the Middle District of Florida, Dwight West III, a former organizer for Painters District Council 78, pled guilty to a one-count information charging him with embezzling $30,343.86 from Painters Local 164 while serving as the appointed treasurer of the local. He had been charged on July 12, 2002, following an investigation by the OLMS Atlanta District Office.
May 24th, 2002On May 24, 2002, in the United States District Court for the Southern District of Florida, David Lareau, former business manager of Painters Local 160, was sentenced to two years probation and was fined $1,000. He had pled guilty on March 13, 2002, to willfully and knowingly withholding and concealing union financial records. He had been charged in an information on December 17, 2001, following an investigation by the OLMS Atlanta District Office.
March 13th, 2002On March 13, 2002, in the United States District Court for the Southern District of Florida, David Lareau, former business manager of Painters Local 160, pled guilty to willfully and knowingly withholding and concealing union financial records in violation of 29 U.S.C. 439(c). He had been charged in an information on December 17, 2001 following an investigation by the OLMS Atlanta District Office.
November 26th, 2001On November 26, 2001, in the United States District Court for the Central District of California, Lillian Agredano, former office secretary of Painters Local 1348, was sentenced to two years probation and ordered to make restitution of $15,000. She had pled guilty on September 19, 2001, to the embezzlement of union funds following an investigation by the OLMS Los Angeles District Office.
October 18th, 2001On October 18, 2001, in the United States District Court for the Southern District of Illinois, Rhonda Ostendorf, former office secretary for Painters District Council 58, was sentenced to three years probation and ordered to make restitution of $6,331. She had pled guilty to embezzlement of union funds and falsification of union records on June 27, 2001 following an investigation by the OLMS St. Louis District Office.
September 25th, 2001On September 25, 2001, in the United States District Court for the Southern District of West Virginia, Donna Hill, former office secretary for Painters Local 970, was sentenced to one year and one day in prison, to be followed by three years of supervised release. She was ordered to make restitution of $53,906.50. She had pled guilty on July 9, 2001, following an investigation by the OLMS Pittsburgh District Office.
September 19th, 2001On September 19, 2001, in the United States District Court for the Central District of California, Lillian Agredano, former officer manager of the now-defunct Painters Local 1348, pled guilty to the embezzlement of $9,486 in union funds. The charges had been brought following an investigation by the OLMS Los Angeles District Office.
July 9th, 2001On July 9, 2001, in the United States District Court for the Southern District of West Virginia, Donna Hill, former office secretary for Painters Local 970, pled guilty to count one of an indictment which charged her with embezzling $59,167 in union funds. The charges were brought following an investigation by the OLMS Pittsburgh District Office.
June 27th, 2001On June 27, 2001, in the United States District Court for the Southern District of Illinois, Rhonda Ostendorf, former bookkeeper for Painters District Council 58, pled guilty to one count of embezzling $6,331 in union funds and one count of false statements under 18 U.S.C. 1001. The charges were brought following an investigation by the OLMS St. Louis District Office.