United States v. Michael Rudy Tham

Tham appeals from a conviction on 15 counts of embezzlement of union assets, 29 U.S.C. § 501 (c), and 4 counts of false entry in union records, 29 U.S.C. § 439 (c). He was ordered to spend six months in prison, pay $50,000 in fines, and he was placed on probation for four years. One of the conditions of probation was that he make restitution to the union. We affirm.

I

Tham was Secretary-Treasurer, the chief executive officer, of Local 856 of the Freight Checkers, Clerical Employees and Helpers Union, an affiliate of the International Brotherhood of Teamsters. Tham was also a member of several local and national Teamster committees. The government charged that Tham used union funds for non-union purposes, and made false entries in union records concerning those expenses.

The government alleged that Tham spent union funds on travel and entertainment expenses in Lake Tahoe and New York and that most of the expenditures were made on behalf of Aladena (Jimmy) Fratianno. The government also alleged that Tham spent union funds on gifts and entertainment for other friends not related to union business. Tham concedes that these expenditures were made, and that they were made from union…