UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOISWESTERN DIVISIONUNITED STATES OF AMERICA))v.)No. 12 CR 50027)Judge Philip G. ReinhardRITA A. CRUNDWELL )
UNITED STATES’ NOTICE OF INTENT TO PRESENT EVIDENCEIN AGGRAVATION AND VICTIM’S INTENT TO ALLOCUTE AT SENTENCING
The UNITED STATES OF AMERICA, by GARY S. SHAPIRO, UnitedStates Attorney for the Northern District of Illinois, respectfully submits thefollowing notice to the Court regarding its intent to present certain evidence inaggravation at sentencing and the intent of the victim to allocute at thesentencing hearing in this matter:1.At defendant’s sentencing hearing, the government intends topresent certain evidence in aggravation. The government will call FBI Special Agent Patrick Garry to testify regarding conduct committed by the defendantprior to the commencement of the scheme to defraud alleged in the indictment.Specifically, Special Agent Garry will testify that he has reviewed bank recordsrelating to a City of Dixon account named the Sister City account held at FirstSouth Bank (“Sister City account”). The Sister City account was opened by theCity of Dixon to receive charitable contributions for a program involving the Cityof Dixon and “sister” cities in other countries. Special Agent Garry will testify
Case: 3:12-cr-50027 Document #: 62 Filed: 02/12/13 Page 1 of 4 PageID #:499
that the Sister City account records show that defendant deposited checkspayable to the City of Dixon into the Sister City account. After defendantdeposited the checks into the account, defendant converted some of the funds toher own use by writing checks to pay for personal expenses and for the purchaseof money orders that defendant used to pay personal expenses. Special AgentGarry will testify that defendant took at least $25,000 in City of Dixon fundsfrom the Sister City account between August 1988 and May 1990 and convertedthose funds to her own use. In addition, as set forth in its Motion for Upward Variance and Response to Defendant’s Sentencing Memorandum, Special AgentGarry will testify regarding the circumstances of defendant’s arrest and herstatement to the FBI on April 17, 2012 and will testify regarding the foundationfor Government Exhibits 1-6 and 8. The United States also intends to call fiveCity of Dixon officials and employees who will testify regarding the non-monetary loss and disruption of governmental function caused by defendant’sconduct in this case.2 Title 18, United States Code, Section 3771(a)(4) provides that crimevictims have “[t]he right to be reasonably heard at any public proceeding in thedistrict court involving release, plea, sentencing, or any parole processing.” Thissection has been interpreted as giving victims a right to allocution at sentencinghearings.
See
United States v. Vampire Nation
, 451 F.2d 189, 197, n.4 (3d Cir.
2
Case: 3:12-cr-50027 Document #: 62 Filed: 02/12/13 Page 2 of 4 PageID #:500
2006)(“The right of victims to be heard is guaranteed by the Crime Victims’Rights Act. . . . The right is in the nature of an independent right of allocutionat sentencing.”);
United States v. Shrader,
2010 WL 4781625 (S.D. W.Va. 2010),at 3 (“It is apparent that a victim has the right to speak at sentencing about theimpact a defendant’s criminal conduct has had upon her without being placedunder oath and cross examined just as a defendant has the right to allocute inmitigation of sentence.”)3. The United States has been informed that James Burke, Mayor of the City of Dixon, the victim in this case, wishes to make an allocution at thesentencing hearing in this case.Respectfully submitted,GARY S. SHAPIROUnited States AttorneyBy: s /Joseph C. PedersenJOSEPH C. PEDERSEN Assistant United States Attorney327 South Church Street Suite 3300Rockford, IL 61101(815) 987-4444
3
Case: 3:12-cr-50027 Document #: 62 Filed: 02/12/13 Page 3 of 4 PageID #:501
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Prosecution Crundwell Intent
Prosecutors' case for a stiffer sentence for Rita Crundwell.
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