Three Teamsters Local 743 Workers in Chicago Convicted of Labor Fraud and Theft of Union Ballots in Bid to Rig Contested 2004 Elections

WASHINGTON – A former officer and two employees of Teamsters Local 743 (Local 743) were convicted today in federal court in Chicago of federal labor fraud and theft charges in connection with stealing union ballots in an effort to rig two elections in favor of an incumbent slate of officers in 2004, officials of the U.S. Justice and Labor Departments announced. A federal jury returned guilty verdicts today, after deliberating since April 29, 2009, against the three defendants whose trial began on April 6, 2009, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division; Patrick J. Fitzgerald, U.S Attorney for the Northern District of Illinois; Andrew Auerbach, Deputy Director of the Labor Department’s Office of Labor-Management Standards; James Vanderberg, Special Agent-in-Charge of the Labor Department’s Chicago Office of Inspector General; and Thomas P. Brady, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. In two closely-contested elections just months apart, the three trial defendants — together with former Local 743 President Robert Walston and two other defendants who pleaded guilty before trial — diverted to their friends, family and confidantes hundreds of mailed, official ballot packages that were intended for delivery to Local 743 members, and then cast the ballots or caused them to be cast to ensure election of the incumbent slate. Local 743 of the International Brotherhood of Teamsters, based in Chicago, represents more than 12,000 members engaged in warehouse, office, medical, service and other industries, and is one of the largest Teamsters locals in the country. The defendants convicted at trial are: Richard Lopez, 55, of Maywood, Ill., who was secretary-treasurer of Local 743 between 2005 and 2007 and recording secretary from 1999 to 2005; Thaddeus Bania, 54, of Forest Park, Ill., who was Local 743’s comptroller from approximately 2001 to late 2007; and David Rodriguez, 36, of Chicago, who was an organizer for Local 743 between 2003 and 2007. Lopez and Bania were each convicted of all counts against them, including conspiracy to commit mail fraud and theft of union property. In addition, Lopez was convicted of two substantive counts of mail fraud and one count of theft of union property, and Bania was also found guilty on four counts of mail fraud and six counts of theft of union property. Rodriguez was convicted of two counts of mail fraud and three counts of theft of union property, and he was acquitted of conspiracy, two mail fraud counts and two theft counts. U.S. District Judge Charles Kocoras set sentencing for Aug. 27, 2009. Each count of mail fraud carries a maximum penalty of 20 years in prison, and the conspiracy and theft counts each carry a maximum of five years in prison. All charges carry a maximum fine of $250,000 on each count. Walston, 65, of Chicago, who was Local 743 president from 2001 until he retired in August 2007, pleaded guilty to related charges in March 2009 and testified as a government witness at trial. Mark Jones, 49, of Joliet, Ill., a Local 743 business agent from 2003 to 2006, also pleaded guilty and testified as a government witness. Cassandra Mosley, 52, of Gary, Ind., another Local 743 business agent from 2003 to 2006, also pleaded guilty in the case. The jury found that the defendants deprived Local 743 of their honest services and of the ballots, which belonged to the union. Evidence at trial and the plea agreements showed that Local 743 held elections for its officers every three years and had scheduled a mail ballot election for October 2004. Local 743 purchased official ballot packages consisting of an outer envelope in which a ballot would be delivered by mail to each member, a secret ballot, an envelope in which the secret ballot could be sealed, and a return envelope in which the sealed secret ballot could be mailed to Local 743 for tallying. In October 2004, two days after the ballot counting began, Local 743’s executive board