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UNITED STATES DISTRICT COURT? SOUTHERN DISTRICT OF INDIANA 1.006 - 5 JM/ INDIANAPOLIS DIVISION

UNITED STATES OF AMERICA, Plain tiff, v. WILLIAM VAN SICKLE, 04CAUSE NO. IP ~~<;-CR-OI-T7F

RECEIVED
JAN 2 5 2006 PLEA AGREEMENT OLMS INDIANAPOLIS

Defendant.

The United States of America, by counsel, States Attorney for the Southern Assistant person United States Attorney, and by counsel,

Susan

W. Brooks,

United

District of Indiana, and the Defendant,

and by Joe H. Vaughn, WILLIAM VAN SICKLE, in

Patrick M. Schrems,

hereby inform the Court that a to Federal Rule of

Plea Agreement Criminal 1.

has been reached

in this cause pursuant

Procedure

11(c)(1)(B) and the following are its terms and conditions:

WILLIAM VAN SICKLE agrees to enter a plea of guilty to Count 1 of

the Information. 2. Count 1 charges a violation of Title 29, United States Code, Section by a

501 (c) (embezzlement term of imprisonment of supervised

of funds of a labor organization),

and is punishable

of up to 5 years, a fine of up to $250,000

and/ or a term

release following any term of imprisonment

of up to 3 years.

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3.

Title 29, United States Code, Section 501(c) (embezzlement consists Federation of the following elements: of State, County, and Municipal

of

funds of a labor organization), a. American

Employees, Indiana

AFL-CIO, Indiana

Council 62, Local 725, Indianapolis, as defined by Title

("Local 725"), was a labor organization

29, United States Code, Section 402(i); b. c. WILLIAM VAN SICKLE was an officer of Local 725; WILLIAM VAN SICKLE embezzled, stole, or converted to his

own use or the use of another d.

moneys or funds of Local 725; and with the intent

WILLIAM VAN SICKLE did so knowingly Local 725; and

to defraud e.

WILLIAM VAN SICKLE did so without of Local 725.

the authorization

of

Local 725 and to the detriment

GENERAL PROVISIONS 4. WILLIAM VAN SICKLE understands that, should the Court accept a sentence

this plea agreement, within the statutory

the Court will exercise its discretion range set forth in Paragraph

to fashion

2. WILLIAM VAN SICKLE the appropriate set forth in 18

agrees and understands sentence

that the Court, in determining range, will consider

within the statutory

the factors

U.S.C. § 3553(a) and will consult Sentencing Guidelines

and take into account Guidelines"

the United States WILLIAM VAN

("Sentencing

or "U.S.S.G.").

2

SICKLE agrees and understands mandatory

that the Sentencing

Guidelines

are not WILLIAM VAN

or binding on the Court, but are advisory in nature. that the final determination guideline

SICKLE agrees and understands including applicable the applicable advisory

of the sentence, the and

advisory sentencing

calculation,

sentencing guideline

guideline criminal

history category,

advisory sentencing 5. governed

range will be made by the Court. that this plea agreement 11(c)(1)(B) and that the of the Court. WILLIAM higher is

WILLIAM VAN SICKLE acknowledges by Federal Rule of Criminal Procedure of his sentence

determination

is within the discretion

VAN SICKLE understands

that if the Court decides to impose a sentence of either party, or determines that a

or lower than any recommendation different advisory sentencing impose a sentence reason, outside

guideline range applies in this case, or decides the advisory sentencing guideline range for any

to

then WILLIAM VAN SICKLE will not be permitted

to withdraw

his plea

of guilty for that reason

and will be bound by his plea of guilty. SPECIFIC PROVISIONS

6.

At the time of WILLIAM VAN SICKLE's sentencing,

the government

will make known to the Court the nature, of responsibility demonstrated

extent and timing of the acceptance

by WILLIAM VAN SICKLE as well as the nature, with the government and other law

extent and timing of his cooperation enforcement authorities.

3

7. the discretion 8.

The parties

agree that the imposition

of a fine in this case is left to

of the Court. WILLIAM VAN SICKLE agrees that at the time of sentencing in the amount the

Court will enter an order that he pay restitution pursuant 9. information to U.S.S.G. § SELL

of $23,685,

WILLIAM VAN SICKLE will provide all requested to the Financial

financial Attorney's of any fines

Litigation Unit of the United States of Indiana for use in the collection

Office for the Southern or restitution 10. sentencing imposed

District

by the Court.

WILLIAM VAN SICKLE will pay a total of $100 on the date of or as ordered by the Court to the Clerk, United States the mandatory special assessment District fee

Court, which amount imposed pursuant

represents

to Title 18, United States Code, Section 3013. WAIVER OF APPEAL

11.

WILLIAM VAN SICKLE understands and sentence imposed

that he has a statutory and the manner

right

to appeal the conviction sentence was determined.

in which the for the

Acknowledging

this right and in exchange

concessions

made by the United States in this Plea Agreement, waives his right to appeal his conviction

WILLIAM VAN

SICKLE expressly

on any ground. including

WILLIAM VAN SICKLE also waives his right to appeal his sentence, the right to appeal conferred

by Title 18, United States Code, Section 3742, as 4

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long as the sentence

is within, or lower than, the advisory sentencing under the Sentencing

guideline

range for an offense level of 12 calculated regardless Court. of how the sentence

Guidelines, by the

and the offense level are calculated

WILLIAM VAN SICKLE also waives the right to contest in which it was determined in any collateral

any sentence attack, including

and the manner an action brought the sentence

under Title 28, United States Code, Section 2255, as long as guideline range

is within, or lower than, the advisory sentencing

for an offense level of 12. SENTENCING GUIDELINES STIPULATIONS 12. Pursuant to Section 681.4 of the Sentencing below. The parties understand Guidelines, the parties

agree to the Stipulations Stipulations

and agree that these to the

are binding on the parties

but are only a recommendation the advisory sentencing

Court and that the Court will determine applicable in this case. The parties

guidelines any

agree that no stipulation

regarding

factors in Chapter

4, Criminal

History Category,

of the Sentencing

Guidelines

has been made, and that such determination A.

will be made by the Court. Guidelines effective November

The version of the Sentencing

1, 2004, applies in this cause. B. The offense charged in Count 1 is a violation of Title 29, of funds of a

United States Code, Section 501 (c) (embezzlement labor organization). 5

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C.

The applicable

guideline

for this offense in U.S.S.G.

§ 2B1.1

(Offenses Involving Fraud or Deceit). D. The base offense level is 6, pursuant to U.S.S.G.

§ 2B 1.1 (a)(2). E. greater increased F. Because the loss is approximately $35,645 (an amount

than $30,000 by 6 levels,

and less than $70,000) pursuant

the offense level is

to U.S.S.G. § 2B1.1(b)(1)(D). a position facilitated of public the

Because

WILLIAM VAN SICKLE abused that significantly

or private trust in a manner

commission or concealment of the offense, the offense level is increase by 2 levels, pursuant
G. U.S.S.G.

to U.S.S.G. § 3B1.3.
of Responsibility) should

§ 3E1.1(a) (Acceptance the adjusted

apply to reduce

offense level provided acceptance

that WILLIAM for

VAN SICKLE clearly demonstrates

of responsibility the sentencing

this offense during the period up to and including hearing, thereby resulting in a 2 level decrease

in the offense level.

The parties concerning responsibility

reserve the right to present whether

evidence and arguments

WILLIAM VAN SICKLE has accepted extent and

for these offenses as well as the nature, of responsibility.

timing of such acceptance

6

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13. government

WILLIAM VAN SICKLE understands in this Plea Agreement are expressly

that the obligations contingent

of the

upon his abiding of any

by federal and state laws and complying with the terms and conditions bond executed 14. in this case.

WILLIAM VAN SICKLE acknowledges

and agrees that nothing

in

this agreement committed 15.

shall protect him in any way from prosecution

for any offense

after the date of this agreement. WILLIAM VAN SICKLE acknowledges and agrees that nothing in

this agreement not specifically

shall protect him in any way from prosecution covered by this agreement. FINAL PROVISION

for any offense

WILLIAM VAN SICKLE acknowledges representations

that no threats, reached,

promises,

or

have been made, nor agreements

other than those set This

forth in this document, document

to induce WILLIAM VAN SICKLE to plead guilty. and only plea agreement between

is the complete

WILLIAM VAN of Indiana all prior

SICKLE and the United States Attorney for the Southern and is binding only on the parties understandings, if any, whether to this agreement,

District

supersedes

written or oral, and cannot

be modified except

7

in writing, signed by all parties open court.

and filed with the Court, or on the record in

Respectfully

submitted,

SUSAN W. BROOKS UNITED STATES ATIO RNEY

\

2- . 2'1.05"""

It. V, >oJ
Jdd H. Vaughn

DATE

Assf'Stj1nt Uni~~ S~ates Attorney \ 'J- '} [} Iv)/ ~
DATE

\tkl V~ Christina McKee
II

Chief, Criminal Division

DATE

WILLIAMVAN SICKLE

~1~~

'.X

I

Defex DATE

~

Patrick M. Schrems Attorney for Defendant

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STATEMENT OF THE DEFENDANT I have read the entire Plea Agreement I understand correctly and discussed it with my attorney.

all the terms of the Plea Agreement of plea negotiations.

and those terms

reflect the results

I am fully satisfied with my attorney's this case. I am freely and voluntarily I am pleading

representation

during

all phases

of

pleading guilty in this case. because I am

guilty as set forth in this Plea Agreement my plea.

guilty of the crime to which I am entering My attorney has informed

me, and I understand,

that I have the right to I have waived my

appeal any conviction

and sentence

that I receive, unless

right to appeal as part of this Plea Agreement. appeal, I understand

If I have not waived my right to 10 days of the

that I must file a Notice of Appeal within in this case; I further understand

entry of the judgment Court will prepare done.

that the Clerk of the

and file a Notice of Appeal on my behalf if I ask that to be that the United States has the right to appeal any this Plea Agreement. that if I provide magistrate-

I also understand

sentence

that I receive under

Finally, my attorney or cause to be provided

has informed me, and I understand, false information to a judge,

materially

9

judge,

or probation

officer, then Section 3C 1.1 of the Sentencing

Guidelines

allows the Court to impose a two (2) level increase

in the offense level.

DATE

WILLIAM VAN SICKLE Defendant

10

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