Office of Labor-Management Standards (OLMS)

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UNITED STATES DISTRICT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

COUNT ONE: Title 29, United States Code, Section 501(c)-Embezzlement of Assets by Labor Organization Officer.

A true bill.

/SIGNED/
G.L. Peterson
Foreperson

Filed in open court this 24th day of September

A.D. 2003

/SIGNED/

Bail. $ Summons to Issue

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION — IN U.S. DISTRICT COURT

BY: [ ] COMPLAINT    [ ] INFORMATION    [X] INDICTMENT    [ ] SUPERSEDING

OFFENSE CHARGED

29 U.S.C. Section 501(c)-Embezzlement of Assets by Labor Organization Officer

[ ] Petty

[ ] Minor

[ ] Misdemeanor

[X] Felony

PENALTY:

• 5 years imprisonment
• $250,000 fine
• 3 years supervised release
• $100 special assessment

Name of District Court and/or Judge/Magistrate Location

NORTHERN DISTRICT OF CALIFORNIA

DEFENDANT — U.S.

BRIAN BRABAZON

DISTRICT COURT NUMBER: CR 03 201

PROCEEDING

Name of Complaintant Agency, or Person (& Title, if any)

S/A Don McKenna, Department of Labor

[ ] person is awaiting trial in another Federal or State Court, give name of court

_______________________________________________

[ ] this person/proceeding is transferred from another district per (circle one)

FRCrP 20, 21 or 40. Show District

_______________________________________________

[ ] This is a representation of charges previously dismissed on motion of:

[ ] U.S. Att’y    [ ] Defense SHOW DOCKET NO. ________

[ ] this prosecution relates to a pending case involving this same defendant

[ ] prior proceedings or appearance(s) before U.S. Magistrate regarding this

defendant were recorded under: MAGISTRATE CASE NO. _______________

DEFENDANT

IS NOT IN CUSTODY

1. [X] Has not been arrested, pending outcome this proceeding.

   If not detained give date any prior summon was served on above charges

2. [ ] Is a Fugitive
3. [ ] Is on Ball or Release from (show District)

_________________________________

IS IN CUSTODY

4. [ ] On this charge
5. [ ] On another conviction
6. [ ] Awaiting trial on other charges    [ ] Fed’l    [ ] State

   If answer to (6) is ‘Yes”, show name of institution

   __________________________________________

   Has detainer [ ] Yes if “Yes”

   been filed? [X] No give date

   filed _________________

DATE OF Month/Day/Year

ARREST _______________

Or... if Arresting Agency & Warrant were not

DATE TRANSFERRED Month/Day/Year

TO U.S. CUSTODY ________________

Name and Office of Person Furnishing information on THIS FORM

KEVIN V. RYAN

[X] U.S. Att’y    [ ] Other U.S. Agency

Name of Asst. U.S. Att’y

(if assigned) CARLOS SINGH

[] This report amends AO 257 previously submitted

ADDITIONAL INFORMATION OR COMMENTS

PROCESS:

[X] SUMMONS    [ ] NO PROCESS*    [ ] WARRANT Bail Amount: ____________

If Summons, complete following:

[X] Arraignment    [ ] Initial Appearance

*Where defendant previously apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment

Defendant Address:

xxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxx

Date/Time: November 6, 2003 9:30am

Before Judge: Magistrate Judge Richard Seeborg

Comments: _____________________________________________

KEVIN V. RYAN (CABN 118321)
United States Attorney

UNITED STATES DISTRICT COUR
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

INDICTMENT

The Grand Jury charges:

On or about May 25, 2001, in Santa Clara County, the Northern District of California and elsewhere, the defendant

BRIAN BRABAZON

did embezzle, steal and willfully and unlawfully abstract and convert to his own use monies, funds and assets of Local 294-C of the United Food and Commercial Workers, AFL-CIO, a labor organization, in which he was an officer and employee thereof; that is, as President of Local 294-C, the defendant wrote to himself union check number 125 in the amount of $3,672.84 for the purpose of attending a union convention in June 2001 when in fact he did not attend the convention but cashed the check and kept the money for his own personal use.

All in violation of Title 29, United States Code, Section 501(c).

A TRUE BILL.

DATED:
9/20/2003

/SIGNED/
FOREPERSON
KEVIN V. RYAN
United States Attorney

/SIGNED/
MATTHEW A. PARRELLA
Chief, San Jose Branch Office

(Approved as to form: /SIGNED/)

AUSA Singh