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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

PLEA AGREEMENT

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, come now the United St s of America, by Assistant United States Attorney Diane L. Berkowitz, the defendant, Gary arp, and John E. Martin as attorney for the defendant, and show the Court they have entered into= plea agreement as follows:

1. I, Gary E. Sharp, have the ability to read, write and speak the English language.

2. I have received a copy of the Information and have read and discussed it with my and believe and feel that I understand every accusation made against me in this case.

3. I have told my lawyer the facts and surrounding circumstances as known to me concerning the matters mentioned in the Information and believe and feel that my lawyer is fully informed as to all such matters. My lawyer has counseled and advised with me as to the nature and elements of every accusation against me and as to any possible defenses I might have,.

4. I understand that I am entitled to have all of my rights which may be involved in this matter explained to me, and that I have the right to have any questions I may have answered for me.

5. I understand by pleading guilty I waive certain rights. The rights described below have been explained to me, as well as the consequences of my waiver of these rights:

a. If I persisted in a plea of not guilty to the charge against me, I would have the right to a public and speedy trial. The trial could be either a jury trial or a trial by the judge sitting without a jury. I have the right to a jury trial. However, I, may waive a jury trial in writing with the approval of the Court and the consent of the government.

b. If the trial is a jury trial, the jury would be composed of twelve laypersons selected at random. My Attorney and I would have a say in who the jurors would be by removing prospective jurors for cause where actual bias or other disqualification is shown, or without cause by exercising so-called peremptory challenges. The jury would have to agree unanimously before it could return a verdict of either guilty or not guilty. The jury would be instructed that a defendant is presumed innocent, and that it could not convict unless, after hearing all the - evidence, it was persuaded of my guilt beyond a reasonable doubt, and that it was to consider each count of the Indictment separately.

c. If the trial is held by the judge without a jury, the judge would find the facts and determine, after hearing all the evidence, and considering each count separately, whether or not the judge was persuaded of my guilt beyond a reasonable doubt.

d. At a trial whether by a jury or a judge, the prosecution would be required to present its witnesses and other evidence against me. I would be able to confront those government witnesses and my attorney would be able to cross-examine them. In turn, I could present witnesses and other evidence in my own behalf. If the witnesses for me would not appear voluntarily, I could require their attendance through the subpoena power of the Court.

e. At a trial, I would have a privilege against self-incrimination so that I could decline to testify, and no inference of guilt could be drawn from my refusal to testify. If I desired to do so, I could testify in my own behalf.

f. At trial and at every stage of the proceedings, I have a right to an attorney, and if I could not afford an attorney one would be appointed for me.

g. In the event that I should be found guilty of the charge(s) against me, I would have the right to appeal my conviction on such charge(s) to a higher court.

6. I understand that under the U.S. Sentencing Guidelines, the Court, in light of an estigation by the United States Probation Office, will determine the applicable sentencing cline range, and that the Court will determine all matters, whether factual or legal, relevant e application of the sentencing guidelines including, but not limited, to, the adjusted offense the relevant circumstances in the case, the criminal history points and category, relevant conduct, the grouping of offenses, victim-related adjustments, role in the offense adjustments, career offender status, criminal livelihood and acceptance of responsibility as well as possible departures from the application of the U.S. Sentencing Guidelines. I understand that the U.S. Sentencing Guidelines are advisory only, and that the specific sentence to be imposed upon me will be determined by the judge after a consideration of a pre-sentence investigation report, input from counsel for myself and the government, federal sentencing statutes, and the U.S. Sentencing Guidelines.

7. Notwithstanding the above, I have, with the assistance of counsel, entered into an agreement with the United States Attorney's Office as follows:

a. I will plead guilty to the one count Information charging me with embezzling, stealing and willfully converting to my own use $630 of IBEW, Local 2344 money, in violation of Title 29, United States Code, § 501(c), because I am, in fact, guilty of the offense charged in the Information;

b. I understand that the maximum penalty that may be imposed upon me for my conviction of the offense of embezzling, stealing and willfully converting to my own use money belonging to Local 2344, as charged in the Information is a term of imprisonment of not more than five years followed by a term of supervised release of at least two years but not more than three years, a fine not to exceed $10,000.00, plus a special assessment of $100.00 in addition to any other penalty imposed;

c. The United States of America and I have also entered into the following agreements which are not binding upon the Court, and I understand that if the Court does not follow these agreements I will not be allowed to withdraw my guilty plea:

i. In recognition of my acceptance of responsibility for my offense conduct, I am entitled to a two point and, if eligible, an additional one point reduction in offense level for acceptance of responsibility; however, the government is not obligated to recommend I receive the acceptance of responsibility adjustaient.if I deny my involvement in the offense(s), give conflicting statements of my involvement, or engage in additional criminal conduct including any personal use of controlled substances;

ii. The United States of America recommends that the Court should impose a sentence upon me equal to the minimum of the applicable guideline range;

d. I understand that the law gives a convicted person the right to appeal the conviction and the sentence imposed; I also understand that no one can predict the precise sentence that will be imposed, and that the Court has jurisdiction and authority to impose any sentence within the statutory maximum set for my offense(s) as set forth in this plea agreement; with this understanding and in consideration of the government's, entry into this plea agreement, I expressly waive my right to appeal or to contest my conviction and my sentence and any restitution order imposed or the manner in which my conviction or my sentence or the restitution order was determined or imposed, to any Court on any ground, including any claim of ineffective assistance of counsel unless the claimed ineffective assistance of counsel relates directly to this waiver or its negotiation, including any appeal under Title 18, United States Code, Section 3742 or any post-conviction proceeding, including but not limited to, a proceeding under Title 28, United States Code, Section 2255;

e. I also agree to waive all rights, whether asserted directly or through a representative, to, after sentencing, request or receive from the United States any further records, reports, or documents pertaining to the investigation or prosecution of this matter; this waiver includes, but is not limited to, rights conferred by the Freedom of Information Act and the Privacy Act of 1974;

8. I am prepared to state to the Court the facts in this matter that cause me to believe that I am guilty of the Count to which I have agreed to plea guilty, including acknowledging the I acknowledge that on or about January 28, 2004, I was the president/business manager of Local 2344 and that I did steal and willfully convert to my own use $630 of Local 2344 money, which I used to buy a truck for my personal use. I did not have thepermission or authority from the Union to take this money.

9. I understand that if I violate any of the provisions of this plea agreement, including ontinuing obligation to demonstrate acceptance of responsibility, the United States may at tion either (1) ask the Court to make a determination that I have breached a term in this ment in which event I will at sentencing lose the benefit of all the non-binding promises made by the government in this agreement and I would have no right to withdraw my guilty plea, or The United States could seek to have the Court declare this entire plea agreement null and voi* in which event I can then be prosecuted for all criminal offenses that I may have committed.

10. 1 believe and feel that my lawyer has done all that anyone could do to counsel and assis e, and that I now understand the proceedings in this case against me.

11.I declare that I offer my plea of guilty freely and voluntarily and of my own accord, and no promises have been made to me other than those contained in this agreement, nor have een threatened in any way by anyone to cause me to plead guilty in accordance with this agreement.

12.I understand and acknowledge that this agreement, once filed with the court, is a public document and available for public viewing.

GARY E. SHARP
Defendant

John E. Martin
Attorney for Defendant

APPROVED:
David Capp
Acting United States Attorney

By: Diane L. Berkowitz
Assistant U.S. Attorney

 

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

INFORMATION

The United States Attorney Charges:

INTRODUCTION

1. At all times material, the International Brotherhood of Electrical Workers (IBEW) AFL-CIO, Local Union 2344, was a labor union engaged in an industry affecting commerce, quartered in Lafayette, Indiana.

2. At all times material, GARY E. SHARP was the part-time president/business manager of Local 2344.

3. At all times material it was the policy of Local 2344 that all disbursements of Union must be made for authorized expenditures on the behalf of the local union and supported eipts, vouchers, or other reasonable proofs of claim.

EMBEZZLEMENT OF UNION FUNDS

4. On or about January 28, 2004, in the Northern District of Indiana, defendant GARY E. while president/business manager of IBEW, AFL-CIO, Local Union 2344, a labor union zation engaged in an industry affecting commerce, did embezzle, steal and unlawfully and willfully convert to his own use money and funds of Local Union 2344, specifically $630.00 in violation of Title 29, United States Code, Section 501 (c).

David Capp
Acting United States Attorney

By: Diane L. Berkowitz
Assistant U.S. Attorney