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b. That the funds taken were those which belonged to thelabor organization; andc. That the defendant did unlawfully embezzle, steal orunlawfully and willfully convert labor organization funds.
FACTUAL BASIS
6. The defendant and the government agree to the following facts, which formthe basis for the entry of the plea of guilty including relevant conduct:At all pertinent times, the defendant, MARK R. JONES, heldthe position of President and Secretary/Treasurer of theMusicians Local 92. Musicians Local 92 is a labor organizationengaged in an industry affecting commerce, within the meaningof 29 U.S.C. Section 402(I) and (j).At all pertinent times, the defendant, MARK R. JONES, wasalso Secretary-Treasurer of the New York State Conference ofMusicians, a labor organization engaged in an industryaffecting commerce, within the meaning of 29 U.S. C. Section402 (I) and (j).The defendant, MARK R. JONES also held the position ofPresident with the Buffalo Council, American Federation ofLabor and Congress of Industrial Organizations (AFL-CIO).Beginning on a date unknown, but no later than January 2002,and continuing until December 2005, the defendant, MARK R.JONES, embezzled, stole, and unlawfully converted to his ownuse $40,738.17 of union funds belonging to Musicians Local92. In part, this was accomplished by writing checks on theMusicians Local 92 bank account payable to himself. Heimproperly used the signature stamp of the union VicePresident to obtain the necessary second signature, and hefalsified union records to disguise the true nature of thesechecks.When asked to produce copies of the checks for a complianceaudit in September 2005, JONES provided falsified copies of 5checks to an investigator from the United States Department ofLabor Office of Labor Management Standards. These checks,which were actually written to Jones, were altered to look likethe checks were made payable to legitimate payees.
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