embezzlement charges

Office of Labor-Management Enforcement

The Office of Labor-Management Standards (OLMS) conducts both civil and criminal investigations of alleged violations of the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws.

These investigations by OLMS District Offices involve issues such as embezzlements of union funds, union officer elections, the filing of required reports by unions and others with OLMS, and the imposition of trusteeships over subordinate unions by a parent body. These investigations may result in legal enforcement actions.

Date	Description
January 10th, 2023	On January 10, 2023, in the United States District Court for the District of New Mexico, Manuel Anaya, former Financial Secretary of United Mine Workers for America (UMWA) Local 3106 (located in Socorro, N.M.), was indicted for 21 counts of embezzlement from a labor organization, in violation of 29 U.S.C. 501(c). The charges follow an investigation by the OLMS Denver-St. Louis District Office.
September 28th, 2022	On September 28, 2022, in the United States District Court for the Northern District of New York, Jay A. Garnsey, former Financial Secretary of United Mine Workers of America (UMWA) Local 717 (located in Ilion, N.Y.), was charged in a one-count information with embezzlement from a labor organization for embezzling $38,173, in violation of 29 U.S.C. 501(c). He then pleaded guilty to the charge. The charge and guilty plea follow an investigation by the OLMS Boston-Buffalo District Office.
December 10th, 2018	On December 10, 2018, in the United States District Court for the Northern District of Ohio, Eastern Division, Johnnie Nicholas, former Financial Secretary of United Mine Workers Local 4994 (located in New Philadelphia, Ohio), was sentenced to seven days of incarceration and three years of supervised release. On the day of sentencing, Nicholas made a remaining restitution payment of $17,650. Nicholas was also ordered to perform 200 hours of community service and pay a $10,000 fine and a $100 special assessment. On May 7, 2018, Nicholas pleaded guilty to one count of embezzling union funds in the amount of $37,900, in violation of 29 U.S.C. 501(c). The sentencing follows an investigation by the OLMS Cincinnati-Cleveland District Office.
April 5th, 2016	On April 5, 2016, in the United States District Court for the Western District of Pennsylvania, Daniel P. Ternitsky, Jr., former Financial Secretary of United Mine Workers Local 285 (located in Allison, Pa.), was indicted on one count of embezzling $10,680 in union funds, in violation of 29 U.S.C. 501(c). The indictment follows an investigation by the OLMS Philadelphia-Pittsburgh District Office.
December 29th, 2010	On December 29, 2010, Phillip Akins, former Financial Secretary and Treasurer of Mine Workers Local 1987 (located in Jasper, Ala.), was indicted on one count of embezzlement for an amount more than $9,500. The indictment follows an investigation by the OLMS Nashville District Office.
December 10th, 2007	On December 10, 2007, in the United States District Court for the Northern District of West Virginia, Danny E. Beyser, former Financial Secretary of Mine Workers Local 1638, was sentenced to one year and a day of incarceration, three years of supervised release, ordered to pay restitution in the amount of $80,135.40, and a $100 special assessment. On October 2, 2007, Beyser pled guilty to one count of embezzling over $70,000 in union funds. The sentencing follows an investigation by the OLMS Pittsburgh District Office.
June 18th, 2007	On June 18, 2007, in the United States District Court for the Southern District of Illinois, Vicky Liefer, former Secretary-Treasurer of United Mine Workers Local 1458, was sentenced to three years probation and ordered to make restitution in the amount of $5,019. On March 1, 2007, Liefer pled guilty to one count of embezzling union funds. The sentencing follows an investigation by the OLMS St. Louis District Office.
March 1st, 2007	On March 1, 2007, in the United States District Court for the Southern District of Illinois, Vicky Liefer, former Secretary-Treasurer for United Mine Workers Local 1458, pled guilty to embezzling union funds in the amount of $5,019. On January 11, 2007, Liefer was indicted on one count of embezzling union funds in the same amount. The guilty plea follows an investigation by the OLMS St. Louis District Office.
January 11th, 2007	On January 11, 2007, in the United States District Court for the Southern District of Illinois, Vicky Liefer, former Secretary/Treasurer for United Mine Workers Local 1458, was indicted on one count of embezzling union funds in the amount of $5,019.50. The indictment follows an investigation by the OLMS St. Louis District Office.
January 13th, 2006	On January 13, 2006, in the Commonwealth of Pennsylvania, Westmoreland County Court, Brenda Berkhamer, former employee of United Mine Workers Local 1257, pled guilty to one count of theft by deception and one count of forgery. She was sentenced to two years probation and ordered to make full restitution to the union. Berkhamer was also ordered to attend weekly meetings of Gamblers Anonymous. On September 7, 2005, Berkhamer was charged with, in addition to other charges, 46 counts of embezzling union funds in the amount of $9,656.50. The guilty plea and sentencing follow an investigation by the OLMS Pittsburgh District Office.
September 7th, 2005	On September 7, 2005, in the Commonwealth of Pennsylvania, Westmoreland County Court, Brenda Berkhamer, former employee of United Mine Workers Local 1257, was charged in a 47-count criminal complaint with embezzling $9,656.50 in union funds. She was arrested the same day and released on $10,000 bond. A preliminary hearing is scheduled for November 18, 2005. The charges follow an investigation by the OLMS Pittsburgh District Office.
May 31st, 2001	On May 31, 2001, in the United States District Court for the Northern District of Alabama, a two-count indictment was returned charging Eugene Wilkinson, former financial secretary of Mine Workers Local 7154, with one count of embezzling $12,024.89 in union funds and one count of false reporting. The charges were brought following an investigation by the OLMS Birmingham Resident Investigator Office.