The opinion of the court was delivered by: MARSH
On December 21, 1977, the Grand Jury in five counts indicted the defendant for violating § 186(b), 29 U.S.C. This section provides in its pertinent part as follows:
"It shall be unlawful for any person to . . . receive, or accept, . . . any payment . . . or delivery of any money . . . prohibited by subsection (a) of this section."
"It shall be unlawful for any employer . . . or any person . . . who acts in the interest of an employer to pay . . ., or deliver, any money . . . (1) to any representative of any of his employees who are employed in an industry affecting commerce."
The times of the alleged offenses were "on or about the 25th day of December" in 1972, 1973, 1974, and 1975.
On April 17, 1978, the defendant in writing waived a jury trial with the consent of the government and the court.
Thereupon the following stipulation was entered into by counsel for defendant and counsel for the government.
It is hereby stipulated by and between the United States of America and the defendant, Raymond Thompson, and his attorney, Melvin Schwartz, as follows:
1. The International Brotherhood of Electrical Workers (IBEW) Local Union 5, is a labor organization engaged in an industry affecting commerce as defined by Sections 402(i) and 402(j) of Title 29, United States Code.
2. The Harry F. Ortlip Company is an electrical construction company that was engaged in the construction of various buildings and projects which employed members of Local Union 5 of the IBEW as electricians, foremen and supervisors, during the period of time pertinent to this indictment.
3. The Harry F. Ortlip Company was at all times pertinent to this indictment engaged in an industry which affected interstate commerce.
4. Records of Local Union 5 of the IBEW would show that Raymond Thompson became the Business Manager of Local Union 5, IBEW from on or about September 24, 1975, and continues in that position as of the present time.
5. As Business Manager of the IBEW, Local Union 5, Raymond Thompson performed the duties prescribed by Article VI of the Local Union 5 bylaws dated August 15, 1973, and by Article XIX of ...