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UNITED STATES v. LASKY

October 28, 1998

UNITED STATES OF AMERICA, against CLARKE LASKY, Defendant.


The opinion of the court was delivered by: SPATT

MEMORANDUM OF DECISION AND ORDER

 SPATT, District Judge:

 On January 23, 1998, the defendant, Clark Lasky ("Lasky" or the "defendant"), was convicted, upon his plea of guilty, of: (1) one count of knowingly, intentionally, and willfully embezzling and converting the assets and funds connected to an employee welfare benefit plan, in violation of 18 U.S.C. § 664; and (2) one count of mail fraud, in violation of 18 U.S.C. § 1341. Title 18, United States Code, Section 664 is entitled "Theft or embezzlement from employee benefit plan." This section makes it unlawful for:

 
Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the monies, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or any fund connected therewith.

 On the date the plea was entered Lasky admitted that he embezzled the Brotherhhod of Industrial Workers Health and Welfare Fund (the "BIW Fund"):

 
THE COURT: Would you describe in your own words what you did in connection with the crime charged in Count 2 of the indictment ?
 
THE DEFENDANT: On approximately February 1st of 1995, I as the president of Employee Health Plans received funds into my organization of which were within my control and I had failed to forward the monies that were also part of those monies to a trust fund, and I used it for the purposes of which have been to my own benefit.
 
THE COURT: So the count says that you knowingly, intentionally and unlawfully embezzled funds connected to it to an employee health benefit plan to your own use; is that true ?
 
THE DEFENDANT: Yes, your Honor.
 
THE COURT: You knew at the time that it was improper and illegal for you to do that ?
 
THE DEFENDANT: Yes.
 
THE COURT: You knew you were a fiduciary at the time ?
 
THE DEFENDANT: Yes, your Honor.
 
THE COURT: And this was in the amount of ...

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