Prosecution Crundwell Intent

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

WESTERN DIVISION

UNITED STATES OF AMERICA )

)v. ) No. 12 CR 50027

) Judge Philip G. Reinhard

RITA A. CRUNDWELL )

UNITED STATES NOTICE OF INTENT TO PRESENT EVIDENCE

IN AGGRAVATION AND VICTIMS INTENT TO

ALLOCUTE AT SENTENCING

The UNITED STATES OF AMERICA, by GARY S. SHAPIRO, United

States Attorney for the Northern District of Illinois, respectfully submits the

following notice to the Court regarding its intent to present certain evidence in

aggravation at sentencing and the intent of the victim to allocute at the

sentencing hearing in this matter:

1. At defendants sentencing hearing, the government intends to

present certain evidence in aggravation. The government will call FBI Special

Agent Patrick Garry to testify regarding conduct committed by the defendant

prior to the commencement of the scheme to defraud alleged in the indictment.

Specifically, Special Agent Garry will testify that he has reviewed bank records

relating to a City of Dixon account named the Sister City account held at First

South Bank (Sister City account). The Sister City account was opened by the

City of Dixon to receive charitable contributions for a program involving the City

of Dixon and sister cities in other countries. Special Agent Garry will testify

Case: 3:12-cr-50027 Document #: 62 Filed: 02/12/13 Page 1 of 4 PageID #:499


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that the Sister City account records show that defendant deposited checks

payable to the City of Dixon into the Sister City account. After defendant

deposited the checks into the account, defendant converted some of the funds to

her own use by writing checks to pay for personal expenses and for the purchase

of money orders that defendant used to pay personal expenses. Special Agent

Garry will testify that defendant took at least $25,000 in City of Dixon funds

from the Sister City account between August 1988 and May 1990 and converted

those funds to her own use. In addition, as set forth in its Motion for Upward

Variance and Response to Defendants Sentencing Memorandum, Special Agent

Garry will testify regarding the circumstances of defendants arrest and her

statement to the FBI on April 17, 2012 and will testify regarding the foundation

for Government Exhibits 1-6 and 8. The United States also intends to call five

City of Dixon officials and employees who will testify regarding the non-

monetary loss and disruption of governmental function caused by defendants

conduct in this case.

2 Title 18, United States Code, Section 3771(a)(4) provides that crime

victims have [t]he right to be reasonably heard at any public proceeding in the

district court involving release, plea, sentencing, or any parole processing. This

section has been interpreted as giving victims a right to allocution at sentencing

hearings. SeeUnited States v. Vampire Nation, 451 F.2d 189, 197, n.4 (3d Cir.

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2006)(The right of victims to be heard is guaranteed by the Crime Victims

Rights Act. . . . The right is in the nature of an independent right of allocution

at sentencing.); United States v. Shrader, 2010 WL 4781625 (S.D. W.Va. 2010),

at 3 (It is apparent that a victim has the right to speak at sentencing about the

impact a defendants criminal conduct has had upon her without being placed

under oath and cross examined just as a defendant has the right to allocute in

mitigation of sentence.)

3. The United States has been informed that James Burke, Mayor of

the City of Dixon, the victim in this case, wishes to make an allocution at the

sentencing hearing in this case.

Respectfully submitted,

GARY S. SHAPIRO

United States Attorney

By: s /Joseph C. Pedersen

JOSEPH C. PEDERSEN

Assistant United States Attorney

327 South Church Street Suite 3300

Rockford, IL 61101

(815) 987-4444

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CERTIFICATE OF SERVICE

The undersigned Assistant United States Attorney hereby certifies that

on February 12, 2013, in accordance with FED.R.CRIM.P.49,FED.R.CIV.P. 5,

LR5.5, and the General Order on Electronic Case Filing (ECF), the following

document: United States Notice of Intent to Present Evidence In Aggravation

and Victim's Intent to Allocute at Sentencing was served pursuant to the

district courts ECF system as to ECF filers.

By: s /Joseph C. Pedersen

JOSEPH C. PEDERSEN

Assistant United States Attorney

327 South Church Street Suite 3300

Rockford, IL 61101

(815) 987-4444


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