criminal charges

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.

Date	Description
October 10th, 2019	On October 10, 2019, in the United States District Court for the Eastern District of Kentucky, Shannon Pemberton, former Treasurer of Painters Local 238 (located in Cincinnati, Ohio), was charged in a two-count indictment for embezzling $6,403 in union funds and filing a false report, in violation of 29 U.S.C. 501(c) and 439(b), respectively. The indictment follows an investigation by the OLMS Cincinnati-Cleveland District Office.
October 10th, 2017	On October 10, 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 Local 1955 (located in Philadelphia, Pa.), was charged in a one-count information with embezzling union funds in the amount of $53,281, in violation of 29 U.S.C. 501(c). The charge follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.
June 7th, 2017	On 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.
January 19th, 2017	On January 19, 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.), was charged in an information with 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 charge follows an investigation by the OLMS Kansas City Resident Investigator Office.
January 20th, 2016	On January 20, 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 charged with 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. In addition, Fujii was charged with one count of filing a false tax return, in violation of 26 U.S.C. 7206(1)), for underreporting his income in 2009. 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 charges follow an investigation by the OLMS Honolulu Resident Investigative Office and the Internal Revenue Service-Criminal Investigations.
June 24th, 2015	On June 24, 2015, in the United States District Court for the District of Massachusetts, Jacqueline Askew, a former bookkeeper for International Union of Painters and Allied Trades District Council 35 (located in Roslindale, Mass.), was charged in a one-count information with embezzling $40,930 in union funds, in violation of 29 U.S.C. 501(c). The charge follows an investigation by the OLMS Boston-Buffalo District Office.
April 19th, 2013	On 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 7th, 2013	On February 7, 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 was charged with embezzling union funds from IUPAT Local 460 (located in Merrillville, Ind.), in violation of 29 U.S.C. 501(c). The indictment follows an investigation by the OLMS Chicago District Office and the Department of Labor’s Office of Inspector General.
November 28th, 2012	On November 28, 2012, in the United States District Court for the District of Nevada, Kristine Stephens, former administrative assistant and bookkeeper for Painters Local 567 (located in Sparks, Nev.), was charged with embezzling approximately $80,000 in union funds by stealing over-the-counter cash dues payments, in violation of 29 U.S.C. 501(c). The indictment follows an investigation by the OLMS San Francisco District Office.
September 18th, 2012	On September 18, 2012, in the United States District Court for the Eastern District of New York, Hector Lopez, former President of Painters Local 8A-28A (located in Long Island City, N.Y.) and the former Chairman of the Board of Trustees of the Local 8A-28A Welfare Fund, was arrested and arraigned on a 15-count indictment with charges of conspiracy to embezzle $750,000 from the local's employee benefit plan, mail fraud, wire fraud, money laundering, structuring financial transactions, and tax evasion. The charges follow an investigation by the OLMS New York District Office, the Department of Labor’s Office of Inspector General, the Employee Benefits Security Administration, and the Internal Revenue Service’s Criminal Investigation Division.
February 27th, 2012	On 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.
April 25th, 2011	On April 25, 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.), was indicted on one count of embezzlement in the amount of $34,199, in violation of 29 U.S.C. 501(c). The charge follows an investigation by OLMS New York District Office.
June 17th, 2009	On June 17, 2009, in the United States District Court for the Western District of Washington, Fawne Lei-Petersen, former office manager of the International Union of Painters and Allied Trades (IUPAT) Local 300 (located in Seattle, Wash.), was charged with, embezzling, stealing and unlawfully converting to her own personal use moneys of a labor organization in the amount of $86,118. The charge follows an investigation by the OLMS Seattle District Office.
February 29th, 2008	On February 29, 2008, in the United States District Court for the Southern District of Iowa, Kirk Ogden, former organizer for Painters District 81, was charged with embezzling union funds in the amount of $8,653. The charge follows an investigation by the OLMS St. Louis District Office.
October 31st, 2006	On 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.
April 13th, 2006	On April 13, 2006, in the Marion County, Indiana, Superior Court Criminal Division, an information was filed against Patrick Calhoon, former field representative of Painters Local 47, charging him with one count of felony theft for embezzling union funds. The information follows an investigation by the OLMS Cincinnati District Office.
March 10th, 2004	On March 10, 2004, in the United States District Court for the Southern District of Florida, an indictment was filed against Robert Levine, former business agent-financial secretary of Painters Local 1175, charging him with two counts of embezzling $212,580.05 in union funds and embezzling $3,350.00 from an apprenticeship fund. The charges follow an investigation by the OLMS Atlanta District Office.
October 28th, 2002	On 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, 2002	On 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, 2002	On 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, 2002	On 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, 2002	On 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.
December 17th, 2001	On December 17, 2001, in the United States District Court for the Southern District of Florida, David Lareau, former business manager of Painters Local 160, was charged in a one-count information with concealing and withholding financial records. The charges were brought following an investigation by the OLMS Atlanta District Office.
November 15th, 2001	On November 15, 2001, in the United States District Court for the Northern District of Indiana, William Brooks, former recording secretary of Painters Local 8, was charged in a three-count indictment with embezzling $14,480 in union funds, false recordkeeping, and aiding and abetting. The charges were brought following an investigation by the OLMS Chicago District Office.
September 19th, 2001	On 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.
August 16th, 2001	On August 16, 2001, in the United States District Court for the Central District of California, Lillian Agredano, former office manager for Painters Local 1348, was charged in a one-count information with embezzling $9,486 in union funds. The charges were brought following an investigation by the OLMS Los Angeles District Office.
July 9th, 2001	On 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, 2001	On 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.