Case ECF No. 1 filed 10/31/19 PageID.1 Page 1 of 23 0,2 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ORIGINAL UNITED STATES OF AMERICA Case12119-cr?20726 CRIM Judge: Battani, Marianne 0. MJ: Stafford, Elizabeth A. Filed: 10-31-2019 At 09:36 AM vs HONO INFO USA V. ROBINSON (kb) VIOLATIONS: 18 use 15 371 29 U.S.C. 501(c) D-l EDWARD N. ROBINSON, Defendant. INFORMATION The United States Attorney charges: INTRODUCTION Unless otherwise stated, at all times material to this Information, the following was true: 1. The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (referred to herein as or as ?United Auto Workers?) was a labor organization engaged in an industry affecting commerce Case ECF No. 1 filed 10/31/19 PageID.2 Page 2 of 23 within the meaning of Sections 402(1) and 402(j) of Title 29, United States Code. The UAW represented hundreds of thousands of non-managerial employees employed by automobile manufacturers and other employers at numerous locations in Michigan and across the United States. The UAW was headquartered in Detroit, Michigan. 2. The UAW Region 5 Midwest States Community Action Program (CAP) Council Midwest the UAW Midwest predecessor entities, and the UAW Region 5 Southwestern States CAP Council Southwest were labor organizations engaged in an industry affecting commerce within the meaning of Sections 402(i) and 402(j) of Title 29, United States Code. 3. The UAW Midwest CAP, its predecessor entities, and the UAW Southwest CAP are some of the many Community Action Program Councils funded through ?per?capita? tax payments derived from member dues. Both CAP councils existed as labor organizations subordinate to the UAW and were governed by the UAW Constitution and its bylaws. The UAW Southwest CAP was based in Dallas, Texas; while the UAW Midwest CAP was located at the UAW Region 5?s headquarters in Hazelwood, Missouri. UAW Region 5 was an internal subdivision of the United Auto Workers International union. 4. The UAW, the UAW Midwest CAP, and the UAW Southwest CAP were Case ECF No. 1 filed 10/31/19 PageID.3 Page 3 of 23 required to ?le publicly available annual ?nancial disclosure reports with the United States Department of Labor. 5. From at least in or about 2010 through at least September 2019, EDWARD N. ROBINSON was the President of the UAW Midwest CAP or a predecessor entity. As such, EDWARD N. ROBINSON was an of?cer, within the meaning of Sections 402(n) of Title 29, United States Code, and was responsible for overseeing the operations of this UAW entity. 6. From in or about 2010 through September 2019, UAW Of?cial A and Vance Pearson served as either an of?cer or direct employee of the United Auto Workers. 7. From in or about 2010 through in or about 2018, UAW Of?cial served as either an of?cer or direct employee of the United Auto Workers. 8. From in or about 2010 through in or about 2016, UAW Of?cial was directly employed by the United Auto Workers. 9. From in or about 2010 through in or about 2016, UAW Of?cial served as either an of?cer or direct employee of the United Auto Workers. 10. From in or about 2010 through in or about 2012, UAW Of?cial served as an of?cer of the United Auto Workers. Case ECF No. 1 filed 10/31/19 PageID.4 Page 4 of 23 COUNT 1 18 U.S.C. 371 29 U.S.C. 501(c) Conspiracy to Embezzle Union Funds D-1 EDWARD N. ROBINSON 1. The allegations contained in all preceding paragraphs are hereby re-alleged and incorporated by reference in Count 1 as if fully set forth herein. 2. From at least in or about 2010 and continuing through in or about September 2019, both dates being approximate, in the Eastern District of Michigan, Southern Division, and elsewhere, the defendant, EDWARD N. ROBINSON, Vance Pearson, UAW Of?cial A, UAW Of?cial B, UAW Of?cial C, Union Of?cial D, and UAW Of?cial did unlaw?illy, knowingly, and willfully combine, conspire, confederate, and agree with each other and with other individuals, both known and unknown, to commit an offense against the United States, that is, to Violate Title 29, United States Code, Section 501(0), embezzlement of union funds. 3. During the course of the conspiracy, while EDWARD N. ROBINSON, Vance Pearson, UAW Of?cial A, Union Of?cial B, UAW Of?cial C, Union Of?cial D, and UAW Of?cial B, were of?cers of the United Auto Workers or were employed directly by the United Auto Workers, they did embezzle, steal, and unlawfully and willfully abstract and convert to their own use more than $1.5 million of the moneys, Case ECF NO. 1 filed 10/31/19 PagelD.5 Page 5 Of 23 funds, property, and other assets of the United Auto Workers. MANNER AND MEANS OF THE CONSPIRACY The manner and means by which EDWARD N. ROBINSON and others, both known and unknown, sought to accomplish the conspiracy, included, among other things: 4. While of?cers or employees of the United Auto Workers, UAW Of?cial A, UAW Of?cial B, UAW Of?cial C, UAW Of?cial D, UAW Of?cial E, Vance Pearson, and EDWARD N. ROBINSON were involved in a multifaceted scheme to embezzle funds from the UAW. One facet of the scheme involved fraudulently obtaining hundreds of thousands of dollars of UAW funds from the UAW headquarters, the UAW Southwest CAP, and the UAW Midwest CAP. Much of this money was obtained through the submission of vouchers that claimed the payments were for legitimate expenses for UAW Region 5 conferences. In reality, the vouchers concealed the true destination of the funds and the true purpose of the expenses, which was for the personal bene?t of select senior UAW of?cials. Another facet involved a scheme to fraudulently divert over $500,000 of union funds from the UAW Midwest CAP or its predecessor entities, a signi?cant portion of which was converted to cash, to further fuel the lavish lifestyles to which these of?cials became accustomed. Case ECF No. 1 filed 10/31/19 PageID.6 Page 6 of 23 5. While of?cers or employees of the United Auto Workers, UAW Of?cial A, UAW Of?cial C, Vance Pearson, and EDWARD N. ROBINSON established ?Master Account? arrangements with various hotels across the United States. Ostensibly, these hotels contracted to facilitate various union conferences and meetings related to UAW Region 5. However, the Master Accounts were used to divert hundreds of thousands of dollars of UAW funds for the personal bene?t of select senior UAW of?cials, including UAW Of?cial A, UAW Of?cial B, UAW Of?cial C, UAW Of?cial D, Vance Pearson, and EDWARD N. ROBINSON. These Master Accounts were funded, in part, by the UAW Headquarters based on fraudulent vouchers submitted by senior UAW of?cials, which misrepresented the destination and purpose of the expenses. Although the vouchers represented the payments were to the hotel for legitimate conference expenses, signi?cant portions of the ?Jnds were forwarded through the Master Account to outside vendors for personal expenses including cigars, private villas, high?end liquor and meal expenses, gol?ng apparel, golf clubs, and green fees. If funds from the headquarters were exhausted or additional funds were needed, checks were issued from the UAW Midwest CAP and UAW Southwest CAP to satisfy debts incurred by senior UAW of?cials for illegitimate and personal expenses. This portion of Case ECF No. 1 filed 10/31/19 PageID.7 Page 7 of 23 the fraud resulted in the unauthorized or improper disbursement of over $1 million of UAW funds. 6. While an of?cer of the United Auto Workers, UAW Of?cial A directed EDWARD N. ROBINSON to divert over $850,000 from the UAW Midwest CAP through the acquisition of unsubstantiated and unauthorized UAW Midwest CAP checks. Previously, UAW Of?cial had directed EDWARD N. ROBINSON to similarly divert money from the UAW Midwest CAP. To conceal the theft, EDWARD N. ROBINSON was directed by UAW Of?cial A to fraudulently backstop the payments with receipts for fake expenses or for expenses which had already been ?Jlly paid. Many of the receipts for expenses utilized by EDWARD N. ROBINSON for the cash embezzlement portion of the conspiracy had already been paid for by the United Auto Workers through the Master Account scheme detailed above in order to fraudulently justify the reimbursement of EDWARD N. ROBINSON with UAW Midwest CAP funds. 7. During the course of the conspiracy, EDWARD N. ROBINSON negotiated between $500,000 and $700,000 in fraudulent, unsubstantiated, or unauthorized checks from the UAW Midwest CAP. EDWARD N. ROBINSON negotiated these checks into cash. After EDWARD N. ROBINSON obtained the cash, he split the hundreds of thousands in dollars in cash proceeds with UAW Case ECF No. 1 filed 10/31/19 PageID.8 Page 8 of 23 Of?cial A, just as EDWARD N. ROBINSON had previously supplied cash to UAW Of?cial E. On occasion, EDWARD N. ROBINSON would give cash generated from the scheme to other co-conspirators, including UAW Of?cial C. Between 2010 and 2017, UAW Of?cial A deposited over $93,000 in cash into one of his personal bank accounts. 8. During the course of the conspiracy, portions of the over $850,000 in proceeds from the UAW Midwest CAP portion of the conspiracy were used to pay for personal expenses of EDWARD N. ROBINSON, Vance Pearson, Union Of?cial A, Union Of?cial B, Union Of?cial C, Union Of?cial D, and Union Of?cial E. 9. During the course of the conspiracy, EDWARD N. ROBINSON made signi?cant purchases of high-end liquor, cigars, wine, golf apparel, golf clubs, and other lavish expenses at the direction of and for senior UAW of?cials. 10. As part of the scheme, UAW Of?cial A, UAW Of?cial C, and Vance Pearson provided EDWARD N. ROBINSON with receipts for paid expenses that EDWARD N. ROBINSON used to fraudulently backstop the unsubstantiated or unauthorized checks from the UAW Midwest CAP. 1. As part of the scheme, UAW Of?cial A sometimes instructed EDWARD N. ROBINSON to issue checks from the UAW Midwest CAP in odd amounts so as Case ECF No. 1 filed 10/31/19 PageID.9 Page 9 of 23 to conceal the embezzlement activity from accounting scrutiny. UAW Of?cial A also cautioned EDWARD N. ROBINSON to avoid cashing any check in excess of $10,000 so as to avoid causing a bank to generate any currency transaction reports. 12. It was a part of the conspiracy that the conspirators caused false UAW records to be maintained and false reports to be ?led by the United Auto Workers headquarters in Detroit, Michigan with the Department of Labor, wherein the embezzled funds and fraudulent expenditures were concealed as legitimate expenses of UAW conferences. OVERT ACTS In furtherance of the conspiracy, and to effect the objects thereof, the defendant and his co-conspirators committed and caused to be committed the following overt acts, among others, in the Eastern District of Michigan, and elsewhere: 13. In or about December 2015, UAW Of?cial A ordered $13,046.91 in cigars from the Gary?s Sales company located in Parker, Arizona. The order by UAW Of?cial A included 12 boxes of Ashton Double Magnum cigars at $268.00 per box (totaling $3,216) and 12 boxes of Ashton Monarch Tubos cigars at $274.50 a box (totaling $3,294). Subsequently, the cost of the cigars was concealed within the expenses of a UAW Region 5 conference, and the UAW headquarters in Detroit that Case ECF NO. 1 filed 10/31/19 PagelD.10 Page 10 Of 23 paid for the conference was never told that the purported expenses of the conference included over $13,000 in cigars. 14. In or about June 2016, a UAW accounting of?cial challenged the propriety of an expense of $19,041.33 for ?outside vendors? which had been submitted to the UAW headquarters for payment by Vance Pearson and UAW Of?cial A in connection with a UAW Region 5 conference in California. On or about June 8, 2016, in an e-mail message, Vance Pearson falsely told the UAW accounting of?cial that the $19,041.33 expense had been for ?meals.? In truth and in fact, however, the $19,041.33 expense included $5,670.00 for golf green fees, $3 75.00 for tips for caddies, and $10,087.92 for golf clothing, pants, shoes, hats, gloves, shorts, jackets, golf balls, sunglasses, and other merchandise purchased by nine UAW of?cials, including UAW Of?cial A and Vance Pearson. 15. On or about August 29, 2016, EDWARD N. ROBINSON wrote and cashed a UAW Midwest CAP check for $9,200 and split the resulting cash proceeds with UAW Of?cial A. This was done at the direction of and with the full knowledge of UAW Of?cial A. 10 .Case ECF No. 1 filed 10/31/19 PageID.11 Page 11 of 23 16. Ostensibly, the $9,200 check was to reimburse EDWARD N. ROBINSON for UAW Midwest CAP expenses for meals at the Blue Heron Restaurant and Steakhouse and Bar in Lake Ozark, Missouri. EDWARD N. ROBINSON attached these receipts to the check after the check was negotiated to lend credibility to the disbursement. In fact, however, the exact same meals were also paid for with funds derived from the UAW headquarters in Detroit for purported conference expenses through a Master Account arrangement. 17. In or about November 2016, Vance Pearson ordered over $13,000 in cigars from the Gary?s Sales company. The order by Pearson included 16 boxes of Diamond Crown Churchills at $243 a box (totaling $3,888) and 10 boxes of Ashton Monarch Tubos cigars at $274.50 a box (totaling $2,745). Subsequently, the cost of the cigars was concealed within the expenses of a UAW Region 5 conference, and the UAW headquarters in Detroit that paid for the conference was never told that the purported expenses of the conference included over $13,000 in cigars. 18. In or about December 2016, January 2017, and February 2017, the UAW Midwest CAP issued checks to EDWARD N. ROBINSON in the amounts of $6,554.54, $9,600, and $2,000. Ostensibly, these monies from the UAW Midwest CAP were to reimburse EDWARD N. ROBINSON for four meals in January 2017 at Las Casuelas restaurant and LG Prime?s Steakhouse in Palm Springs, California. 11 .Case ECF No. 1 filed 10/31/19 PageID.12 Page 12 of 23 The UAW headquarters in Detroit, Michigan, however, also paid for these exact same four meals through a Master Account arrangement, purportedly in connection with a UAW Region 5 conference. 19. In or about January and February 2017, EDWARD N. ROBINSON cashed the three checks described above and then split the proceeds with UAW Of?cial A. 20. In or about late 2017, UAW Of?cial A advised EDWARD N. ROBINSON that they needed to halt the cash embezzlement portion of the conspiracy because of the ongoing federal criminal investigation of the United Auto Workers union and because of a new UAW position being taken by UAW Of?cial A. 21. In or about January 2019, in a meeting among EDWARD N. ROBINSON, UAW Of?cial A, and Vance Pearson, UAW Of?cial A promised to provide a shamjob to a relative of EDWARD N. ROBINSON in order to ?take care of? the relative if ROBINSON agreed to falsely take sole responsibility for the I UAW Midwest CAP cash embezzlement portion of the conspiracy, thereby atiempting to protect UAW Of?cial A from federal criminal prosecution. i 22. During a meeting in or about March 2019, EDWARD N. ROBINSON and UAW Of?cial A discussed the government?s investigation and the sham job for 12 .Case ECF No. 1 filed 10/31/19 PageID.13 Page 13 of 23 relative. During that meeting, UAW Of?cial A and EDWARD N. ROBINSON also discussed whether the government had obtained documents from the union and the hotels relating to the embezzlement scheme. UAW Of?cial A told EDWARD N. ROBINSON that he (UAW Of?cial A) wished they ?burned the records.? During that meeting, UAW Of?cial A again assured EDWARD N. ROBINSON that UAW Of?cial A would provide for the ?nancial well-being of the relative in exchange for EDWARD N. ROBINSON taking sole responsibility for the cash embezzlement. UAW Of?cial A stated: ?We?ll take care of [the relative]. I told you that we?d take care of it.? UAW Of?cial A also expressed concern about whether federal investigators had gotten hold of records concerning the use of UAW money to purchase golf clubs for UAW Of?cial A and other UAW of?cials. 23. On July 10, 2019, Vance Pearson told EDWARD N. ROBINSON he would get a ?burner phone? for ROBINSON, so that the other conspirators could talk to ROBINSON over the telephone without fear of being intercepted on a wiretap by federal criminal investigators. In addition, Vance Pearson advised EDWARD N. ROBINSON that if ROBINSON had anything incriminating ?at your house, then get rid of it.? Pearson reminded ROBINSON what had happened 13 Case ECF No. 1 filed 10/31/19 PageID.14 Page 14 of 23 after federal agents had searched Norwood Jewell?s house and discovered incriminating evidence stored at that location. 24. On August 28, 2019, UAW Official A was in possession of over $32,000 in cash at his personal residence. All in violation of Title 18, United States Code, Section 371 and Title 29, United States Code, Section 501(0). COUNT 2 18 U.S.C. 371 ConSpiracy to Defraud the United States D-l EDWARD N. ROBINSON l. The introductory allegations are incorporated by reference as if fully set forth herein. 2. Between 2014 and 2018, EDWARD N. ROBINSON did unlawfully, voluntarily, intentionally and knowingly conspire, combine, confederate, and agree with UAW Of?cial A, Vance Pearson, and with other individuals and entities, both known and unknown, to defraud the United States for the purpose of impeding, impairing, obstructing, and defeating the lawful Government functions of the Internal Revenue Service of the Department of the Treasury in the ascertainment, computation, assessment, and collection of the revenue: to wit, income taxes. 14 ,Case ECF No. 1 filed 10/31/19 PageID.15 Page 15 of 23 3. It was part of that conspiracy that EDWARD N. ROBINSON, UAW Of?cial A, Vance Pearson, and others concealed more than $1.5 million diverted from the UAW, UAW Midwest CAP, and UAW Southwest CAP. 4. It was part of that conspiracy that EDWARD N. ROBINSON, UAW Official A, Vance Pearson, and others received more than $1.5 million in income from the UAW, UAW Midwest CAP, and UAW Southwest CAP, which income was falsely and fraudulently omitted from the IRS Form 990 returns ?led by the UAW and UAW Midwest CAP. 5. EDWARD N. ROBINSON, UAW Of?cial A, and others failed to report the income they received from their scheme to divert funds from the UAW, the UAW Midwest CAP, and the UAW Southwest CAP on their Form 1040 tax returns ?led with the Internal Revenue Service. OVERT ACTS In furtherance of the conspiracy, and to effect the objects thereof, the defendant and his co-conspirators committed and caused to be committed the following overt acts, among others, in the Eastern District of Michigan, and elsewhere: 6. Between January 2017 and December 2017, EDWARD N. ROBINSON, UAW Official A, Vance Pearson, and others negotiated ?Direct Bill? or ?Master 15 Case ECF NO. 1 filed 10/31/19 PagelD.16 Page 16 Of 23 Account? arrangements with the Renaissance Palm Springs Hotel, Loews Coronado Bay Resort, Lodge of Four Seasons, and Thousand Hills Golf Resort. This allowed UAW of?cials to deposit UAW funds up-front and run a hotel tab for personal retail, grocery, meal, liquor, golf, cigar, and other entertainment expenses at vendors in and around the resorts. The resorts subsequently satis?ed those debts using funds from the deposits. 7. Between January 2017 and December 2017, EDWARD N. ROBINSON, UAW Of?cial A, Vance Pearson, and others prepared, approved, and submitted fraudulent Payment Request Forms to the international accounting staff requesting that the UAW disburse funds to Renaissance Palm Springs Hotel, Loews Coronado Bay Resort, Lodge of Four Seasons, and Thousand Hills Golf Resort. The purported purpose of the requests was for legitimate UAW business expenses related to training conferences. In reality, the forms fraudulently concealed the true purpose of the disbursements, which was to divert UAW funds for the personal bene?t of high?level UAW of?cials. These fraudulent submissions caused UAW accounting personnel to make false accounting entries in the books and records, which were relied upon to generate ?nancial statements and an IRS Form 990. 16 . Case ECF No. 1 filed 10/31/19 PageID.17 Page 17 of 23 8. Between January 2017 and December 2017, EDWARD N. ROBINSON, UAW Of?cial A, Vance Pearson, and others facilitated the transfer of $539,608 in funds from the UAW, the UAW Midwest CAP, and the UAW Southwest CAP to the following resorts: $200,000 to the Renaissance Palm Springs Hotel $161,941 to the Lodge of Four Seasons $107,447 to the Loews Coronado Bay Resort $70,220 to Thousand Hills Golf Resort 9. Between January 2017 and December 2017, EDWARD N. ROBINSON, UAW Official A, Vance Pearson, and others diverted $290,852 in UAW funds held on deposit at the aforementioned resorts for the personal bene?t of themselves and other high?level UAW of?cials. The diverted funds were spent on the following: $129,336 for luxury condominiums and villas $46,588 for lavish restaurants $80,904 for golf greens fees and merchandise purchases 0 $15,274 for cigars and related paraphernalia $18,750 for spa services, clothing, musicals, amusement park tickets and other purchases for the personal bene?t of UAW of?cials. 17 .Case ECF No. 1 filed 10/31/19 PageID.18 Page 18 of 23 10. On or about November 5, 2018, a UAW of?cial ?led a 2017 IRS Form 990 on behalf of the UAW. Unknown to the UAW of?cial, the Form 990 contained the following false statements due to the actions of the conspirators, which prevented the IRS from making an accurate tax assessment with respect to funds diverted from the UAW for the personal bene?t of EDWARD N. ROBINSON, UAW Of?cial A, Vance Pearson, and others: - Falsely reported the diverted income to EDWARD N. ROBINSON, UAW Of?cial A, Vance Pearson, and others as a legitimate business expense on the Statement of Functional Expenses Failed to disclose $290,852 in reportable income to UAW Of?cial A, Vance Pearson, and other key employees on Part VII Compensation of Of?cers, Directors, Trustees, Key Employees, etc. related to funds diverted from the UAW. 11. Between January 2017 and December 2017, EDWARD N. ROBINSON, UAW Of?cial A, Vance Pearson, and others facilitated the transfer of $133,611 in funds from the UAW Midwest CAP by issuing checks to EDWARD N. ROBINSON or to cash. The checks were cashed and the proceeds were split between EDWARD N. ROBINSON and UAW Of?cial A for their personal bene?t. 12. Between January 2017 and December 2017, EDWARD N. ROBINSON, UAW Of?cial A, and others collected random receipts in an attempt to legitimize 18 . Case ECF No. 1 filed 10/31/19 PageID.19 Page 19 of 23 the UAW Midwest CAP checks issued to ROBINSON. The receipts were collected from numerous sources and rarely had any legitimate UAW Midwest CAP purpose. The receipts were provided to UAW Midwest CAP accounting personnel and were fraudulently portrayed as legitimate CAP business expenses. These fraudulent submissions caused the UAW Midwest CAP to make false accounting entries in its books and records, which were relied upon to generate ?nancial statements and an IRS Form 990. 13. On or about March 25, 2018, UAW Midwest CAP President EDWARD N. ROBINSON ?led a 2017 IRS Form 990 on behalf of the UAW Midwest CAP. The Form 990 contained the following false items, which prevented the IRS from making a proper determination of the UAW Midwest tax exempt status and prevented the IRS from making an accurate tax assessment with respect to funds diverted from the UAW for the personal bene?t of EDWARD N. ROBINSON, UAW Of?cial A, and others: 0 alsely reported the diverted income to EDWARD N. ROBINSON, UAW Of?cial A, and others as a legitimate business expense on the UAW Midwest Statement of Functional Expenses - Failed to disclose UAW Of?cial A as an of?cer, or key employee on Part VII Compensation of Of?cers, Directors, Trustees, Key Employees, etc. 19 Case ECF No. 1 filed 10/31/19 PageID.20 Page 20 of 23 Failed to disclose $133,611 in reportable income to EDWARD N. ROBINSON and UAW Of?cial A on Part VII Compensation of Of?cers, Directors, Trustees, Key Employees, etc. related to funds diverted from the UAW. - Failed to disclose the material diversion of the UAW Midwest assets on Part VI Governance, Management, and Disclosure and on Schedule 0 Supplemental Information to Form 990 related to funds diverted from the UAW Midwest CAP for the personal benefit of EDWARD N. ROBINSON and UAW Of?cial A. 14. On or about March 18, 2018, EDWARD N. ROBINSON signed and filed a 2017 IRS Form 1040 Individual Tax Return which return failed to report at least $66,805 in income he diverted from the UAW, the UAW Midwest CAP, and the UAW Southwest CAP in 2017. All in violation of Title 18, United States Code, Section 371. FORFEITURE ALLEGATIONS Forfeiture 18 U.S.C. 981(a)(1)(C) 28 U.S.C. 2461(c) 1. Upon conviction of the offense alleged in Count 1 of this Information, defendant, EDWARD N. ROBINSON, shall forfeit to the United States of America, pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United 20 JCase ECF No. 1 filed 10/31/19 PageID.21 Page 21 of 23 States Code, Section 2461(0), any property, real or personal, which constitutes or is derived from proceeds traceable to said violations or a conspiracy to commit said Violations of Title 18, United States Code, Section 371 and Title 29, United States Code, Section 501(0). 2. If any of the property described in paragraph 1 hereof as being subject to forfeiture pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), as a result of any act or omission of the defendant a. cannot be located upon the exercise of due diligence; b. has been transferred to, sold to, or deposited with a third party; 0. has been placed beyond the jurisdiction of this Court; (1. has been substantially diminished in value; or e. has been commingled with other property which cannot be divided without dif?culty; 21 Case ECF No. 1 filed 10/31/19 PageID.22 Page 22 of 23 the United States of America, shall be entitled to forfeiture of substitute property under Title 21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c). A11 pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and Title 28, United States Code, Section 2461(0). MATTHEW SCHNEIDER United States Attorne . . ,meti'imw. . David A. Gardey Steven P. Cares Assistant United States Attorney Assistant United States Attorney Chief, Public Corruption Unit Date: October 31, 2019 22 Case ECF No. 1 filed 10/31/19 PageID.23 Page 23 of 23 Judge: Battani, Marianne O. United States District Criminal Case Cove :le- Stafford, Elizabeth A, Eastern District of Michigan 'h'IGd- 10-31-2019 At 09:36 AM F0 USA v. (kb) NOTE: It is the responsibility of the Assistant US Attorney signing this form to complete it accurately in all respects. Companion Case Information Companion Case Numbers: 17-20406 and 19-20146 This may be a companion case based on Judge Assigned to Both Cases: Paul D. Borman I ElNo Initials? Case Title: USA v. Edward N. Robinson County where offense occurred: Wayne Offense Type: Felony information -- no prior complaint Superseding Case Information Superseding to Case No: Judge: Reason: Defendant Name Charges Prior Complaint (if applicable) Please take notice that the below listed Assistant United States Attorney is the attorney of record for the above captioned case October 31, 2019 Date Dl'T'u' .G Assistant ited States Attorney 211 W. Fort Street, Suite 2001 Detroit, MI 48226 david.gardey@usdoj.gov (313) 226-9591 Bar P48990 Companion cases are matters in which it appears that (1) substantially similar evidence will be offered at trial, or (2) the same or related parties are present. and the cases arise out of the same transaction or occurrence. Cases may be companion cases even though one of them may have already been terminated.