former union president sentenced for failture to maintain records
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Mark Valerio, 57, of Macedon, N.Y., who was convicted of violating the Labor Management Reporting and Disclosure Act , was sentenced to one year probation, 500 hours of community service, and was ordered to repay more than $39,000 in restitution to the International Brotherhood of Electrical Workers. The defendant was also barred from holding a leadership role in a labor organization for a period of 13 years.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that between 2003 and 2012, the defendant was President of the International Brotherhood of Electrical Workers (IBEW) Union, Local 249, in Geneva, N.Y. As Local 249 President, Valerio also held a position as an officer on the executive board of IBEW System Council U-7, a labor organization affiliated with four IBEW locals in matters of collective bargaining and contract negotiations. During this time, the defendant prepared and submitted false claims for reimbursement of travel expenses to both Local 249 and IBEW System Council U-7. Valerio also claimed reimbursement from the unions for instances when he was already being compensated by his employer. The defendant knew that he had an obligation to submit true and accurate documentation regarding his expense records and that he recklessly disregarded that obligation.
As a result, Valerio obtained reimbursements from the IBEW in the amount of $39,049 to which he was not entitled. The defendant resigned as the President of Local 249 in 2012 as a result of the federal investigation.
“Today’s sentencing – besides bringing closure to this successful prosecution - means that union members who work so hard for their wages will now be made whole,” said U.S. Attorney Hochul. “Similar to public officials, union officers have a fiduciary duty to their organization and members, and this Official will certainly not tolerate any breach of that duty.”
The sentencing is the culmination of an investigation on the part of Investigators with the United States Department of Labor, Office of Labor Management Standards, under the direction of District Director Mark Neylon.