Shawn's email to me!

Shawn Fivecoat’s email….. Dated 09/14/08

Jose,

…… on the recently distributed inaccurate/misleading information. You should be aware that before send out the next installment of inaccurate information there was an error in the CWA Accounting Dept and a few AFA Councils were not reconciled properly due to an American Express error. Council 93 was one of them.

Before you send out more info you need to know the 2007-May 08 fiscal year B&E’s were not corrected until a few weeks ago. I am hoping you properly research and send out accurate information. Admittedly I do not expect accurate information but I just want to warn you. That way when I point out your errors I can also say that I informed you well in advance.

Shawn Fivecoat
President, Council 93 - MEM
Association of Flight Attendants-CWA, AFL-CIO
sfivecoat@comcast.net
(901) 326-1348


*** Since Shawn Fivecoat has let it out of the bag that the CWA LM2 I am referring to is not correct, has he informed AFA & CWA of the following LMRDA Rules?

VI. OFFICER RESPONSIBILITIES AND PENALTIES

The president and treasurer or the corresponding principal officers of the labor organization required to sign Form LM-2 are personally responsible for its filing and accuracy. Under the LMRDA, officers are subject to criminal penalties for willful failure to file a required report and for false reporting. False reporting includes making any false statement or misrepresentation of a material fact while knowing it to be false, or for knowingly failing to disclose a material fact in a required report or in the information required to be contained in it or in any information required to be submitted with it.

The reporting labor organization and the officers required to sign Form LM-2 are also subject to civil prosecution for violations of the filing requirements. Section 210 of the LMRDA (29 U.S.C. 440) provides that "whenever it shall…

appear that any person has violated or is about to violate any of the provisions of this title, the Secretary may bring a civil action for such relief (including injunctions) as may be appropriate."

Under the CSRA and FSA and implementing regulations, false reporting and failure to report may result in administrative enforcement action and litigation. The officers responsible for signing Form LM-2 are also subject to criminal penalties for false reporting and perjury under Sections 1001 of Title 18 and 1746...