United States v. James R. Pavloski

TONE, Circuit Judge.

Two issues are presented in this direct appeal of a judgment of guilty under an indictment charging the defendant with embezzling and converting union funds, 29 U.S.C. § 501(c) (Count I), and making false statements of material facts in a labor organization annual report, 29 U.S.C. § 439(b) (Counts II and III): First, whether by writing and cashing forged checks on the local union’s bank account the defendant embezzled or converted funds of the union, or only funds of the bank. Second, whether Count I of the indictment, which charged embezzlement by both presenting forged…