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CRM 2000 - 2500

2436. Form Indictment -- Falsification Of Annual Financial Report Filed By Labor Union In The Private Sector (29 U.S.C. 439(b))

The Grand Jury Charges:

  1. At all times material to this Indictment (name of union) was a labor organization in an industry affecting commerce* within the meaning of Sections 402(i) and 402(j) of Title 29, United States Code.
  2. That on or about (date) in the ____________ District of ___________ the defendant ____________ did make and cause to be made a [false statement and representation of material fact knowing it to be false] [knowingly failed to disclose a material fact] in a report and document required to be filed by (above union) with the Secretary of Labor pursuant to Section 431 of Title 29, United States Code, that is, the annual financial report form [LM2] [LM3].

    All in violation of Title 29, United States Code, Section 439(b).

    * Labor unions composed only of governmental employees are excluded from coverage except unions representing employees of the United States Postal Service. See 39 U.S.C. § 1209(b).

[cited in Criminal Resource Manual 2401; JM 9-136.010]