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Case2;05-cr-O6046.EFS Document Filed 03/07/2006 37 PtLE01NTHE 1 Jan’~$A. MeDevitt _ O,s.OIS*Pa[Ct"C0URT . ~mtcd ta.teSAttorney. S CASIERN PISTRIGT W/~HINGTQN OF 2 ~.astern uistrict of W~ishin~ton GREGORYM;SHOGREN MAR7 2006 0 3 AssistantLJnitedStates Attgm.¢y~.^ 402 East Yakima Avenue, ~uite z i o , JAMES~R. CLERK L~RSSN, 4 Yaldma,-WA98901 : ~ DEPUTY Telephone. (509) 454-4425 ¯ RIGHI.~NO.WASHINGTON 5 6 UNITEDSTATES DISTRICT COURT 7 EASTERNDISTRICT OF WASHINGTON 8 UNITEDSTATESOF AMERICA, 9 Plaintiff, CR-05-6046-EFS 10 VS. Plea Agreement= 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KIMBERLY SOLHEIM, Defendant. Plaintiff, UnitedStates of America,by and throughJamesA; McDevitt, United States Attorney for the Eastern District of Washington, andiGREGORY M. SHOGI~N, Assistant UnitedStates Attorneyfor the Eastern District of Washington, and Defendant KIMBERLY SOLHEIM, the Defendant’s and counsel, Mr. BenHemandez, agree to the following Plea Agreement: 1. Qui!.tV Plea and Maxil~0m Statutory penalties.: TheDefendant agrees to plead guilty tO Countlofth¢ Indictmentfiled on November 2005, chargingthe Defendant 9, with Falsification of Entries in Labor Union Records,in violation of Title 29 U.S.C. Section439(C ). TheDefendant understands that the charge containedin CountI of the Indictmentis a misdemeanor charge. TheDefendant also understandsthat the maximum statutory penalty for Falsification of Entries in Labor Union Recordsin violation of 29 U.S.C.§ 439(c), is not morethan 1 year Lmprisonment; a fine not

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to exceed$10,000; termof supervised a release of not morethan 1 year; restitution and a $25.00special penalty assessment. TheDefendant understands that a violation of a conditionof supervised release carries an additionalpenaltyof re-imprisonment all or part of the term for of supervised release withoutcredit for time previouslyserved on post-release supervision. 2.The Court is.N0tParty the a to Agrc.ep~acnt: TheCourtis not a party to this Plea Agreement may and acceptoz reject this Plea Agreement. Sentencing a matterthat is solely withinthe discretion of the is Court. TheDefendant understands that the Courtis under no obligation to accept any recommendationsmade the United States and/or by the De,adam;that the by Court will obtain art independent report and sentencingrecommendation the from U.S. ProbationOffice; and that the Courtmay,in its discretion, impose any sentenceit deems appropriateup to the statutory maximums stated:in this Plea Agreement. TheDefendant acknowledges no promisesof any type .l~ave been made that to the Defendant respect to the sentencethe Courtwill imp0s$ this matter. with in TheDefendant understands that the Courtis required to ennsider the applicable sentencing guideline range, but maydepart upward downward or under the appropriate circumstances. TheDefendant also understandsthat should the sentencingjudge decide not to acceptany of the parties’ recommendations, daeisionis not a basis for that withdrawing this Plea Agreement a basis for withdrawing plea of from or this guilty. 3. Waiverof Constitutional, Rights: TheDefendant, understands that by entering this plea of guilty the Defendant knowingly voluntarily waiving is and certain eoimtitutional fights, including: -2 SOL~IM 2.24-oa,frm

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right (a). The toajurytrial;
Co). Theright to see, hear and questionthe wimcsses; silent at triM; (c). Theright to remain (d). Theright to tesdfy at trial; and right to compel witnesses testify. to ¯ (C). The While Defendant waiying the is certain constitutional rights,, the Defendant understands Defendant the retains the right to be assisted throughthe sentencing and any direct appeal of the convictionand sentenceby an attorney, who will bc appointedat no cost ifthe Defendant cannotafford to hire an attomey.The ; Defendant also acknowledges any pretrial motionscurrently pendingbefore that the Courtare waived. 4. Elements of the Offense: TheUnitedStates and the Defendant agree that in order to convict the Defendant Falsification of LaborUnion of Records,in violation of 29 U.S.C.§ 439(c), the UnitedStates would have to prove beyond reasonabledoubtthe a followingelements: First, the Defendant, willfully made false entries, concealed,or destroyedrecords, reports, or statementsof a labor organization;and Seeond,the records, reports or statementswererequired to be kept by Section436of Title 29, UnitedStates Code. Title 29, UnitedStates Code,Section436 and 439(c) 5. Factual Basis and_Statement of.F.acts: TheUnitedStates and the Defendant stipulate and agree that the following facts are accurate; that the UnitedStates couldprovethese facts beyond a reasonable doubtat trial; andthese facts constitute an adequate factual basis for Defendants’s guilty plea. This statementof facts doesnot precludeeither party frompresentingand arguing, for sentencingpurposes,additional facts whichare -3
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or 1 relevant to the guideline computation sentencing,unless otherwiseprohibite in d 2 this agreement. The Office of Labor-Management Standards, U.S. Deparmaent Labor, of 3 an S01heim, bookkeeper the the for 4 conducted investigation of Kimberly 5 Brotherhood Locomotive of Engineers(BLE), Division 402, in Paseo, Washington 6 in July, 2005. BLE and wasa labor organizationengaged an industry is in 7 affecting commerce within the meaning Sections 402(I) and 4020)of Title of 8 UnitedStates Code. Solheim’shusband,Kurt Solheim,wasthe secretary-treasurer of BLE. 9 10 Beforeacceptingthe position as secretary-treasurer, he obtainedthe permission of 11 BLE membership his wife to perform of the duties as secretary-treasurer. for all 12 Those duties includedresponsibility for managing day-to-dayactivities of the the 13 union, including disbursing BLE funds (accountspayable), purchasingoffice depositing funds into the BLE batrk account, and maintainingrecords 14 equipment, 15 of all transactions involvingBLE monies. Beginning July 11, 2001, and contirtuing until July 25, 2(103, Kimberly on 16 17 Solheimwrote unauthorizedcheeks from the BLE account payabl{~to her $14,635.’She then depositedthe 18 husband,Kurt Solheim,totaling approximately 19 cheeksinto their joint bark accountand usedthe funds for her own purposes. 20 There is no evidencethat the husbandknewanything about the scheme.Kimberly 21 Sollaeim falsified the recordsof BLE concealthe fact that the cheekswere to 22 issued to her husband.Thoserecords are required for submission the Secretary to 23 of Laborin the annualfinancial report andare recordsrequiredto be kept by 24 Section436of Title 29, UnitedStates Code. 25 26 27 1T1~_e exact amount be determined the Courtwith the assistaace of the to by 28 United States Probation Office. -4
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Solheimwasinterviewedabout the funds and signed a written statementon August17, 2005, admittingher criminal conduct. Shesaid that she knew that whatshe did wasunlawfulat the time she did it, Sl~ has paid over $5,000.00 to date in restitution to BLE. 6, Waive- Inadmissibi/iw, o.f_Statcraents: of TheDefendant agrees to waivethe inadmissibility of statementsmade the in course of plea discussionswith the UnitedStates, pursuantto Fed. R. Crim. P. 1 l(f). Thiswaivershall applyif the Defendant withdraw~ guilty plea this breaches this Plea Agreement. Defendantacknowledges The that any statements made the Defendant law enforcement by to agents in the course of plea discussions in this case would admissibleagainst the Defendant the UnitddStates’s casebe in in-chief if the Defendant wereto withdraw breach this Plea Agreement. or 7; The__U.llited States A~rees: Dismissal: At the time of sentencing,the UnitedStates agrees to move dismiss to Cotmt2 of the Indictment, whichcharges the Defendantwith Embezzlement of LaborUnionFunds,in violation of 29 U.S.C.§ 501(e). Notto File Addi.ti.onal Cbar~es.: TheUnitedStates Attorney’sOffice for the Eastern District of Washington agrees not to bring any additional chargesagainst the Defendant basedupon information its possession the time of this Plea Agreement arising out of in at and Defendant’s conduct involvingillegal activity chargedin tiffs Indictment,unless the Defendent.breaehes Plea Agreement time before or after sentencing. this any 8. ~nited States Sentencing Gui@lineCal.~ulationa: : The Defendant understandsand acknowledges the United States that Sentencing Guidelines (hereinafter "U.S.S.G.") not agplicableto this case are becausethe offense of ennvietionis a misdemeanor, that the Courtwill and -5
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determine Defendant’s the applicable sentencingguideline range at the time of sentencingafter consideringthe Defendant’s circumstances the factors and containedin Title 18 UnitedStates Code,Section3553. TheDefendant agrees to pay the $25 mandatory special penalty assessment to the Clerkof Courtfor the EasternDistrict of Washington, or Before at sentencing,and shall providea receipt fromthe Clerkto the United.Statesbefore sentcncingas proof of this payment, a conditionto this recommendation the as by UnitedStates.

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Leith of Imufisonment: TheUnited States and the Defendant agree to recommend the Court that impose sentenceof probationonly. a I0. Criminal Fine: TheUnitedStates and the Defendant free to make are whatever recommendation concerning impositionof a criminal fi~e that they believe is the appropriate. 11. ~: TheUnited States and the Defendant agree to recommend the Court that impose l- year termof probationto include the followingspecial conditions,in a addition to the standardconditionsof probation: (1) that the Defendant providefinancial information,providecopies Federalincome returns and allowcredit checks,at the direction of the tax ProbationOfficer; (2) that the Defendant discloseall assets andliabilities to the shall ProbationOfficer and shall not wa~fer,sell, give away,or other, vise convey or secret any asset, withoutthe advance approvalof the ProbationOfficer; and

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(3) that the Defendant prohibited ~om be incurring any newldebt,opening newlines of credit, or enter any financial contracts or obligationsin amounts more than $1,500withoutthe prior approvalof the ProbationOfficer; (4) that the Defendant participate andcomplete financial counseling life and skills programs the direction of the Probation at Officer;

12. Restitution: TheDefendant herebystipulates and agreesto an order of restitution in the amount be determined the Courtwith the assistance of the UnitedSlates to by ProbationOffice. Theparties reserve the right to present evidenc and argument e on the issue of the amount the restitution order. of 13. MandatorySueeial Penalty Assessment: TheDefendant agrees to pay the $25 mandatory special penalty assessment to the Clerkof Courtfor the EasternDistrict of Washington, or before at sentencing,pursuantto 18 U.S.C.§ 3013and shall providea receipt fromthe Clerkto the UnitedSlates before sentencing proof of this payment. as 14. Additional Violations of LawCan Void Plea A~e~ment: TheDefendant the UnitedSlates agree that the UnitedSlates may its and at option and uponwritten notice to the Defendant, withdraw fromthis Plea Agreement modify recommendation sentenceif, prior to the imposition or its for of sentence, the Defendant chargedor corwictedof any criminal0ffense is whatsoever if the Defendant or tests positive for anycontrolledsubstance. 15. A_.~: Nothing this Plea Agreement in shall precludethe UnitedStates from opposing motionfor redaction of sentenceor other attack of the convictionor any sentence, includingbut not limited to proceedings pursuantto 28 U.S.C.§ 2255 (Writ of ISIabeasCorpus).Should this conviction set aside, reversed, be
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vacated, this Plea Agreement null and void and the UnitedStates may is institute or re-institute any chargesagainst the Defendant make and derivative use of any statementsor informationthe Defendant provided. has TheDefendant agrees to waivethe fight to appeal the judgn~ntand sentenceif the Courtimposes sentencein accordance a with this Plea Agreement. 16. ~Ig~:li~_C,~: TheUnited States and the Defendantacknowledge this document that constitutes the entire Plea Agreement between UnitedStates and the the Defendant, no other promises,agreements, conditions exist between and or the UnitedStates and the Defendant concerning resolution of the cSsc. This Pica the Agreement bindingonly uponthe UnitedStates Attorney’sOffide for the is EasternDistrict of Washington, cannotbind other federal, state or local and authorities. TheUnitedStates and the Defendant agree that this agreement cannot be modified except in a writing that is signed by the UnitedStates and the Defendant.
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Approvals and Si~aatu~8 Agreed submittedon behalf of the UnitedStates Attorney’sOffice for and the EasternDistrict of Washington. Jazzes McDevitt A, orated States Attorney GREGOR~A(¢I. ~HO"GI~N Assistant IE.S. Attorney ’ Date ......

I haveread this Plea Agreement havecarefully revieweffand discussed and every part of the agreement with myattorney. I understandand voluntarily enter into this Plea Agreement. Furthermore, have eortsulted with myattorney about I -8
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my rights, understand rights, and I amsatisfied withthe rcI~’escntationof I those myattorney in this case. Noother promisesor inducements have l~een made to me,other than thos~ containedin this Plea Agreement no one has threatened and or forced mein any wayto enter into this Plea Agreement. amagreeingto plead I guilty because amguilty, I

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8 9 10 l1 12 13 14 Defendant ’ -]~e " I have read the Plea Agreement have discussedthe contents of the and agreementwith myclient. ThePlea Agreement accurately and completelysets forth the entirety of the agreement between parties. I concurin myclient’s the decisionto pleadguilty as set forth in the Plea Agreement. Thereis no legal reason why Courtshouldn t accept the Defendant’s the plea of guilty. Date , ~

16 Mr. Ben Hemanc f/ 17 Attorney for tl~ ~dant 18 19

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Supervising AUSX

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