Orlando, Florida - Senior U.S. District Judge G. Kendall Sharp sentenced three individuals yesterday for their roles in stealing from an employee benefit plan of a local union. Two of the individuals, Brandon Alfonso (28, Orange City) and Marta Blackmer (71, Orange City) previously pleaded guilty. Alfonso was sentenced to three years in federal prison and ordered to pay $109,497.82 in restitution. Blackmer was sentenced to three months in federal prison and ordered to pay $106,291.14 in restitution. A third individual, Phillip Simmons (50, Orange City), was convicted by a federal jury on June 3, 2014. He was sentenced to 18 months in federal prison and ordered to pay $44,194.15 in restitution.
According to court documents, Angela Deleon worked at Advance Administration, Inc. (AAI), which was the third-party administrator of an employee benefit plan for the Ironworkers Local 808. As the third-party administrator for the Ironworkers Local 808 Annuity Fund, AAI was responsible for processing members’ payment applications, paying the Fund’s bills, and speaking with union members. Deleon’s duties at AAI included data entry and the processing of payments.
Over a period of about 14 months, Deleon wrote 46 checks from the Fund, totaling more than $427,000, to individuals who were not members of the Local 808 or participants in the Fund, including the individuals sentenced today. Alfonso, Simmons, and Blackmer cashed some of those checks and split some of the proceeds with Deleon.
In total, ten individuals have been charged in connection with this case. Six were previously sentenced. James McCall (32, Orange City) was sentenced to two years and six months in federal prison and ordered to pay $93,405.89 in restitution. Angela Deleon (50, Winter Springs) was sentenced to two years in federal prison and ordered to pay $594,000 in restitution. Ian Chase Dove (26, Orange City) and Jason Wesson (37, Orange City) were each sentenced to 13 months in federal prison. Dove was ordered to pay $18,662.70 in restitution and Wesson was ordered to pay $19,975.32 in restitution. Michael Giesinger (36, Deltona) was sentenced to one year of probation, six months of home confinement, and was ordered to pay $20,009.62 in restitution. Shane Riley (32, Deland) was sentenced to three years of probation and ordered to pay $18,374.64 in restitution.
Jason Ferrari (33, Orange City) pleaded guilty on July 23, 2014, to theft from an employee benefit plan. His sentencing is set for Sept. 24, 2014. Ferrari faces a maximum penalty of five years in federal prison.
“Theft of employee benefit assets jeopardizes the benefits of workers. This case reaffirms the Labor Department’s commitment to protect workers’ benefits by identifying criminal activity wherever and whenever it occurs," said Isabel Colon, Regional Director of Employee Benefits Security Administration’s Atlanta Regional Office and Miami District Office.
These cases were investigated by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, and the U.S. Department of Labor’s Employee Benefits Security Administration. They are being prosecuted by Assistant United States Attorney Roger B. Handberg.
Source: U.S. Department of Justice, Office of the United States Attorneys
