CCCaaassseee::: 333:::111222---cccrrr---555000000222777 DDDooocccuuummmeeennnttt ###::: 666222 FFFiiillleeeddd::: 000222///111222///111333 PPPaaagggeee 111 ooofff 444 PPPaaagggeeeIIIDDD ###:::444999999

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION UNITED STATES OF AMERICA v. RITA A. CRUNDWELL ) ) ) ) )

No. 12 CR 50027 Judge Philip G. Reinhard

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

CCCaaassseee::: 333:::111222---cccrrr---555000000222777 DDDooocccuuummmeeennnttt ###::: 666222 FFFiiillleeeddd::: 000222///111222///111333 PPPaaagggeee 222 ooofff 444 PPPaaagggeeeIIIDDD ###:::555000000

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 nonmonetary 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. See United States v. Vampire Nation, 451 F.2d 189, 197, n.4 (3d Cir.
2

CCCaaassseee::: 333:::111222---cccrrr---555000000222777 DDDooocccuuummmeeennnttt ###::: 666222 FFFiiillleeeddd::: 000222///111222///111333 PPPaaagggeee 333 ooofff 444 PPPaaagggeeeIIIDDD ###:::555000111

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

CCCaaassseee::: 333:::111222---cccrrr---555000000222777 DDDooocccuuummmeeennnttt ###::: 666222 FFFiiillleeeddd::: 000222///111222///111333 PPPaaagggeee 444 ooofff 444 PPPaaagggeeeIIIDDD ###:::555000222

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