U.S. Code » Title 29 » Chapter CHAPTER 11— LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE › Subchapter SUBCHAPTER III— REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

29 U.S.C. § 439

Violations and penalties

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(a) Willful violations of provisions of subchapter

Any person who willfully violates this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

(b) False statements or representations of fact with knowledge of falsehood

Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any document, report, or other information required under the provisions of this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

(c) False entry in or willful concealment, etc., of books and records

Any person who willfully makes a false entry in or willfully conceals, withholds, or destroys any books, records, reports, or statements required to be kept by any provision of this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

(d) Personal responsibility of individuals required to sign reports

Each individual required to sign reports under sections 431 and 433 of this title shall be personally responsible for the filing of such reports and for any statement contained therein which he knows to be false.

(Pub. L. 86–257, title II, § 209, Sept. 14, 1959, 73 Stat. 529.)
Notes of Decisions
Cited in 78 cases, 1962–2017 · leading case: United States v. Steven McLaughlin, 386 F.3d 547 (3rd Cir. 2004).
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United States v. Steven McLaughlin, 386 F.3d 547 (3rd Cir. 2004). · cites it 9× “§ 1623 and 29 U.S.C. § 439 (b) and, if so, whether such error was harmless.”
United States v. Browne, 505 F.3d 1229 (11th Cir. 2007). · cites it 4× “Count 19 charged Browne and Devaney with failing to maintain labor organization records in violation of 29 U.S.C. § 439 (a). 9 Count 20 charged Devaney under 29 U.”
United States v. Gloria Ann Morales, 108 F.3d 1031 (9th Cir. 1997). · cites it 4× “The district court did not specify which rule of evidence it relied upon in excluding the testimony.”
United States v. West, Jake, 392 F.3d 450 (D.C. Cir. 2004). · cites it 3× “§ 664 , and to one count of making a false statement in a DOL report, 29 U.S.C. § 439 (b). In return, the government dismissed all remaining charges against him.”
United States v. Wells, 519 U.S. 482 (1997). · cites it 2× “§ 9012 (d) (maximum five year prison term for knowingly and willfully making misrepresentation of material fact during examination of campaign's matching payment account); 29 U. S. C. § 439 (b) (maximum one year prison term for person who knowingly makes false statement of…”
United States v. Tommy Briscoe, 65 F.3d 576 (7th Cir. 1995). · cites it 5× “§ 503 ; count eleven claimed destruction of financial records required to be kept by a labor union in violation of 29 U.S.C. § 439 (c); counts twelve and sixteen alleged income tax evasion for years 1984 and 1987 under 26 U.”
In Re Matter of Seymour A. Gopman. United States of Am. v. Seymour A. Gopman, 531 F.2d 262 (5th Cir. 1976). · cites it 2× “After studying the case, Gopman realized that the officials could be subject to criminal penalties under 29 U.S.C. § 439 if they had not maintained the records sought by the grand jury or if they had maintained these records improperly.”
United States v. Gray-Burriss, 251 F. Supp. 3d 13 (D.D.C. 2017). · cites it 3× “§ 1512 (c)(1)—(2)), Seventeen (failure to file reports required by the Labor Management Reporting and Disclosure Act, 29 U.S.C. § 439 (a)), Eighteen (falsification of reports required by the LMRDA, 29 U.”
Guy W. Kissinger v. United States Postal Serv., 801 F.2d 551 (1st Cir. 1986). · cites it 5× “§ 431 , thus subjecting himself to criminal penalties under 29 U.S.C. § 439 (b). The fourth count charged Kissinger with willfully failing to submit expense vouchers for disbursements of more than $26,000 in Union funds.”
United States v. Thomas A. Larkin, 605 F.2d 1360 (5th Cir. 1979). · cites it 2× “§ 501 (c), 6 and to falsify the records of a labor organization in violation of 29 U.S.C.A. § 439 (c). 7 Counts two through seven alleged that Larkin and Parker committed the substantive crimes of embezzling union funds and falsifying union records.”
United States v. Int'l Bhd. of Teamsters, 743 F. Supp. 155 (S.D.N.Y. 1990). · cites it 2× “This conduct was the basis for your conviction for embezzling union funds in violation of 29 U.S.C. § 439 in the United States District Court for the Northern District of Ohio, 86 Cr.”
United States v. Crawley, 533 F.3d 349 (5th Cir. 2008). “§ 501 (c); and (4) one count of making a false entry in records required by the LMRDA, in violation of 29 U.S.C. § 439 (c). At trial, the Government proved Craw-ley’s involvement in voter fraud for the 2002 election through the testimony of, among others, Gary Kyle, a truck…”
Show all 78 citing cases →
— 29 U.S.C. § 439(a) — 1 case
United States v. Heinze, 361 F. Supp. 46 (D. Del. 1973).
— 29 U.S.C. § 439(b) — 1 case
W. Willard Wirtz, Sec'y of Labor, United States Dep't of Labor v. Ken Lee, Inc., 369 F.2d 393 (5th Cir. 1966).
— 29 U.S.C. § 439(c) — 1 case
Owen L. Lawson v. United States, 300 F.2d 252 (10th Cir. 1962).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.