On August 18, 2010, in the United States District Court for the Southern District of Mississippi, Sharron Dixon Haynes, aka Sharron A. Haynes, former election candidate of National Association of Letter Carriers (NALC) Branch 217 (located in Jackson, Miss.), was indicted on three counts of making and causing to be made, and using and causing to be used, a false writing or document in a matter within the jurisdiction of the executive branch of the United States Government.. Haynes is alleged to have submitted a false certification of her eligibility for election to Branch 217, which she knew falsely certified that she had not served as a supervisor within two years prior to October 2008, when in fact she had served as a supervisor in May 2008. The indictment follows an investigation by the OLMS New Orleans District Office.
Note previous OLMS investigation:
On March 31, 2009, the Secretary of Labor received a complaint alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on December 11, 2008, by National Association of Letter Carriers (NALC) Branch 217 in Jackson, Mississippi.
Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that Branch 217 incumbent officers and candidates had unregulated access to voted ballots prior to the election; unvoted ballots were hand delivered to voters by a candidate with access to election materials; voted ballots were returned by hand instead of by mail; ineligible members were permitted to vote and a voter eligibility checklist was not used in the election; eligible members were denied the right to vote when their ballots were voided because the union sent reply envelopes that did not provide the necessary identifying information; candidates were denied the right to have observers at the counting of ballots; ballots were not properly counted resulting in incorrect candidates being installed in some trustee and delegate positions; and election records were not properly maintained.
Apprised of these findings, NALC Branch 217 agreed to conduct new nominations and a new election for the offices of vice president, treasurer, three trustees, and delegates to the NALC 2010 Mississippi State Convention under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on September 3, 2009. It is, therefore,
DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by National Association of Letter Carriers (NALC) Branch 217 on December 11, 2008, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on September 3, 2009.
In other Department t of Labor, OLMS criminals actions:
On September 23, 2010, in the United States District Court for the Eastern District of Michigan, Donald Kister, former President of National Postal Mail Handlers Local 307 (located in Detroit, MI), was charged in a two-count indictment with one count of embezzling union funds in the amount of $4,137.35 between August 2006 and October 2007 and one count of making false statements. The indictment follows an investigation by the OLMS Detroit District Office.
On September 1, 2010, in the United States District Court for the Northern District of Illinois, Mozelle E. Means-Swanson, former President of American Postal Workers Union (APWU) Local 7139 (located in Aurora, Ill.), pled guilty to one count of willfully failing to maintain union records. On May 6, 2009, Means-Swanson was indicted on one count of embezzling union funds in the amount of $4,900. The plea follows an investigation by the OLMS Chicago District Office.
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.