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UNITED STATES DISTRICT COURT | ||
| UNITED STATES OF AMERICA | ) | |
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NO |
| LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO |
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DRAFT |
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| JOSEPH AIUPPA | ) | |
| ARTHUR J. BERNE, | ) | |
| LOUIS CASCIANO, | ) | |
| JAMES B. CASTALDO, | ) | |
| JOHN CATANZARO, | ) |
Complaint |
| RAYMOND FLYNN, | ) | |
| JAMES F. GALLO, | ) | |
| JOHN' GIARDIELLO, | ) | |
| MICHAEL LABARBARA, JR., | ) | |
| GENNARO LANGELLLA, | ) | |
| ANTHONY D. LIBERATORE , | ) | |
| CHESTER J. LIBERATORE, | ) | |
| LOUIS ANTHONY MANNA, also known as
"Bobby Manna," |
) ) |
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| JAMES MESSERA, | ) | |
| ROCCO J. NAPOLI, | ) | |
| CARMINE PERSICO, | ) | |
| ALFRED PILOTTO, | ) | |
| JOHN RIGGI, | ) | |
| JOSEPH P. ROSATO, | ) | |
| DANIEL G. SANSANESE, JR. | ) | |
| JOSEPH A. TODARO, SR., | ) | |
| JOSEPH A. TODARO, JR., | ) | |
| SALVATORE TRICARIO, | ) | |
| MATTHEW MICHAEL TRUPIANO, JR., | ) | |
| PETER VARIO, also known as "Jocko," | ) | |
| PETER A. VARIO, also known as "Butch" | ) | |
| ) | ||
| THE GENERAL EXECUTIVE BOARD OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, |
) ) ) |
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| ) | ||
| ARTHUR ARMAND COIA, | ) | |
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| ROLLIN P. "BUD" VINALL, | ) | |
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| MASON M. "MAX" WARREN, | ) | |
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| JOHN SERPICO, | ) | |
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| VERE O. HAYNES | ) | |
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| SAMUEL J. CAIVANO | ) | |
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| ENRICO MANCINELLI, | ) | |
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| CHUCK BARNES, | ) | |
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| JACK WILKINSON, | ) | |
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| GEORGE R. GUDGER | ) | |
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| MICHAEL QUEVEDO, JR. | ) | |
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| ARMAND E. SABITONI | ) | |
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| ROBERT J. CONNERTON, | ) | |
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) | |
DRAFT
The United States of America, plaintiff herein, by and through, James B. Burns, United States Attorney for the Northern District of Illinois, for its complaint herein, alleges as follows:
1 This action is brought against the Laborers' International Union of North America, AFL-CIO (hereafter alternatively, "LIUNA," or "the union,") and others to rid the union of domination and influence by members and associates of organized crime. LIUNA has been infiltrated at all levels by corrupt individuals and organized crime figures who have exploited their control and influence over the union for personal gain and to the detriment of the union.
2. LIUNA union officers and employees at all levels, including the general presidency, have been chosen, subject to the approval of, and have been controlled by, various members and associates of organized crime. Four consecutive General Presidents of LIUNA, Joseph V. Moreschi (1926-1968), Peter Fosco (1968-1975), Angelo Fosco (1975-1993) and ARTHUR ARMAND COIA (1993-present), have associated with, and been controlled and influenced by, organized crime figures. Consequently, the rights of the members of the union to control the affairs of the union have been systematically abused. Those union members who opposed this corrupt state of affairs, either at the local, district council, regional or
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international levels, have been intimidated into silence by violence, threats or violence, economic coercion, and by the known ties of corrupt local, district , regional, and international officials of the union with organized crime.
3. The United States brings this suit for injunctive relief pursuant to the Racketeer Influenced and Corrupt Organizations statute (hereafter "RICO"), Title 18, United States Code, Sections 1961 through 1968, to put an end to this systemic, long-standing, and ongoing corruption of the union and to restore control of its affairs to the members of the union.
4. Jurisdiction in this action is predicated upon Title 18, United Stares Code, Section 1964(b) and Title 28, United States Code, Sections 1331, 1345, and 2201.
5. Venue for this action is predicated upon Title 18, United States Code, Section 1965 and Title 28, United States Code, Section 1391(b)).
6. The United States invokes the expanded service of process provisions of Title 18, United States Code, Section 1965(b).
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7. Introduction:
La Cosa Nostra (hereafter referred to alternatively as the LCN," the mafia," or "the mob"), which name is based on a phrase which translates into English from the Italian language as "this thing of ours" or our thing," is a nationwide criminal organization which operates in various cities throughout the United States. The LCN is composed of groups of men of Italian descent who are organized into units which are referred to as a "family", or, in the Italian language, "il borgata." A person becomes a member of an LCN family through a ceremony which is conducted in a manner designed to keep it, and the existence of the family, secret from persons who are not members of the LCN. Each family of La Cosa Nostra is headed by a "boss" who is assisted by an "underboss" and a "consigliere", or counselor. The family conducts its criminal activities through entities known as "crews " headed and supervised by a person referred to variously as a" street boss," a "crew boss", a "caporegima", a "capodecima, a " capo " or some other such name. (Such persons are hereafter referred to collectively as soldiers " or individually as a "capo"). Each crew consists of formally inducted members of the family who are commonly referred to as "soldiers" or "made members " and persons who are not members, but who knowingly participate and cooperate in the activities of the family, who are referred to as "associates." Persons who have been formally inducted into3
membership in an LCN family are often referred to as having been "made", "straightened out, " or as being a " made member. "
8. Judicial Authority for the Existence of the LCN: The existence of the LCN has been proved in a number of cases including, among others: United States v. Salerno, et. al., No.SSS85 Cr. 139 (RO), in the United States District Court for the Southern District of New York, affirmed in 868 F. 2d 524, 534-:38 (2d Cir.), cert. denied, 493 U.S. 811 (1989) (hereafter "Salerno I" or " the Commission cases"); United States v. Salerno. et al., No. 86 Cr. 245 in the United States District Court for the Southern District of New York (hereafter Salerno II" or the "Genovese family case " ); United States v. Infelise. et. al. , No. 90 Cr. 87 , in the United States District Court for the Northern District of Illinois, (appeal pending); United States v. Angiulo,. et al., No.Cr. 83-235 , in the United States District Court for the District of Massachusetts, affirmed in United States v. Angiulo, 897 F.2d 1169 (1st Cir.) , cert. denied, 498 U.S. 845 (1990); United States v. Scarfo. et al., No. 88-00003-1-19 , in the United States District Court: for the Eastern District of Pennsylvania, affirmed in United States vs.. Pungitore, 9l0 F. 2d 1084, 1143-l149 (3d Cir. 1990) , cert. denied, 500 U.S.915 (1991).
9. The LCN Commission : The affairs of the LCN are governed by a "commission" (hereafter "the Commission") which is composed of the bosses of the most significant families. The bosses of four of the five families in the New York City area - the Colombo, Gambino, Genovese, and Luchese families - have been members of the
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Commission since its creation. At various times bosses, or representatives, from the LCN families in Chicago, Illinois, Philadelphia, Pennsylvania, Cleveland, Ohio; Buffalo, New York; and Detroit, Michigan, have been members of the Commission. The Commission serves as the national ruling council of the LCN families. Among other matters, the Commission has regulated, facilitated and controlled relationships and settled disputes between and among the LCN families. The Commission also has approved the admission of new members to the various LCN families and the selection of the bosses of the families. To frustrate enforcement scrutiny, the Commission meets infrequently.
10. LCN Families : Each family of La Cosa Nostra is identified by the name of its boss, the name of a former boss, or by the city in which it is located. The families of the LCN include, among others, the following:
a. The BONNANO family which is headquartered in New York City and operates in various other locations in the United States. The Bonnano family is the one New York City LCN family whose boss is not a member of the Commission;
b. The BUFALINO family which is headquartered in the area of Pittston, Pennsylvania and operates in Northeastern Pennsylvania and New York State;
c. The BUFFALO family which is headquartered in the area of Buffalo, New York and operates there and in various other locations;
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d. The CHICAGO family which is headquartered and operates in the area of Chicago, Illinois, in the Eastern Division of the Northern District of Illinois, in other areas of Illinois, and in various locations in Florida and the western part of the Unites States. The Chicago family is commonly referred to as "the outfit." The boss of the Chicago family is a member of the Commission. Often the views of the Chicago family are presented to the Commission by the Genovese family, which is identified in subparagraph j. below;
e. The CLEVELAND family which is headquartered in Cleveland, Ohio and operates there. The Cleveland family is represented on the Commission by the Genovese family, which is identified in subparagraph j. below;
f. The COLOMBO family which is headquartered in New York City and operates there and in various other locations. The boss of the Colombo family is a member of the Commission;
g. The DECAVALCANTE family which is headquartered in northern New Jersey and operates there and in various other locations. The boss of the DeCavalcante family answers to the boss of the Genovese family;
h. The DETROIT family which is headquartered in Detroit Michigan and operates there and in various other locations. The Detroit family is represented on the Commission by the Genovese family;
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i. The GAMBINO family which is headquartered in New York and in various other locations. The boss of the Gambino family is a member of the Commission;
j. The GENOVESE family which is headquartered in New York City and operates there and in various other locations. The boss of the Genovese family is a member of the Commission;
k. The KANSAS CITY family which is headquartered in Kansas City, Missouri and operates there and in various other locations. The Kansas City family is represented on the Commission by the Chicago family;
1. The LOS ANGELES family which is headquartered and operates in Los Angeles California. The Los Angeles family is represented on the Commission by the Chicago Family;
m. The LUCHESE family which is headquartered and operates in New York City and various other locations. The boss of the Luchese Family is a member of the Commission;
n. The MILWAUKEE family which is headquartered and operates in Milwaukee, Wisconsin. The Milwaukee family is represented on the Commission by the Chicago Family;
o. The NEW ENGLAND or PATRIARCA family which is headquartered in the areas of both Boston, Massachusetts and Providence, Rhode Island and operates there and in various other locations. The New England family is represented on the Commission by the Genovese family;
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p. The NEW ORLEANS family which is headquartered and operates in New Orleans, Louisiana. The New Orleans family has close relationships with both the Chicago and Genovese families;
q. The PHILADELPHIA or BRUNO/SCARFO family which is headquartered in Philadelphia, Pennsylvania and Atlantic City, New Jersey. The Philadelphia family is represented on the Commission by the Genovese family and is sometimes referred to by the last names of former bosses, Angelo Bruno and Nicodemo Scarfo;
r. The PITTSBURGH family which is headquartered and operates in Pittsburgh, Pennsylvania. The Pittsburgh family is represented on the Commission by the Genovese family;
s. The ST. LOUIS family which is headquartered and operates in area of St. Louis, Missouri. The ST. Louis family operates under the supervision of the Chicago family; and
t. The TRAFFICANTE family which is headquartered and operates in the area of Tampa, Florida. The Trafficante family is represented on the Commission by the Chicago family.
11. The Plaintiff: The United States of America, plaintiff herein, is a sovereign and body politic.
12. The Union Defendant: The defendant, LIUNA, composed of its regional offices and subordinate district councils and local unions, is a "labor organization," as that term is defined in Title 29, United States Code, Section 402(i), that is, a labor organization, engaged in an industry affecting commerce which exists
for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours and other terms and conditions of employment.
13. Individual Defendants: Listed below are those persons, not currently LIUNA officials, who are named as defendants.
14. Defendant LIUNA International Officials: The persons whose names appear below are the defendant members of the General Executive Board and the General Counsel of LIUNA, whose offices are established by the LIUNA Constitution . These defendants are not, unless indicated otherwise in subparagraphs a. through m. below named as defendants in their individual capacities but are named only in their official capacities for the purpose of properly effectuating the relief requested in this complaint, pursuant to Rule 19 (a) of the Federal Rules of Civil Procedure. The defendant LIUNA International Officials are as follows:
15. Co-Conspirators: The following persons, along with others whose names are both known and unknown , are named as co-conspirators, but not defendants, for the reasons indicated below:
16. At all times material to this complaint, LIUNA together with its regional offices, subordinate district councils and local unions, and affiliated employee welfare benefit and employee pension benefit plans, collectively, have constitute an "enterprise" , as that term is defined in Title 18, United States Code, Section 1961(4), which enterprise was engaged in, and the activities of which affected, interstate and foreign commerce. The enterprise has been, and continues to be, a captive labor organization which has been continuously and systematically controlled, exploited, and dominated in the conduct of its affairs by the LCN and its members and associates in the manner and means which are described herein.
17. Acquiring and Maintaining Control of LIUNA: From at least the late 1960 ' s up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants SAMUEL J. CAlVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna", JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH TODARO, SR., JOSEPH A. TODARO, JR.,
SALVATORE TRICARIO, PETER VARIO, also known as "Jocko," PETER A. VARIO, also known as "Butch"
;, the co-conspirators named in Paragraph 15 above, and others, including members and associates of the LCN, whose names are both known and unknown, did unlawfully, knowingly and intentionally acquire and maintain, directly and indirectly, an interest in and control of the aforementioned enterprise which was engaged in, and the activities of which affected, interstate and foreign commerce, through a pattern of racketeering activity, as alleged in paragraphs 28 through 79 below, in violation of Title 18, United States Code, Sections 1962(b) and 2.18. The Enterprise:
Paragraph 16 above is incorporated by reference and realleged as if fully set forth herein. The defendants named in Paragraph 17 above, have unlawfully, knowingly and intentionally acquired and maintained, directly and indirectly, an interest in and control of the aforementioned enterprise through a pattern of racketeering activity through the manner and means set forth in subparagraphs a. through e. below, among others:(1) Selection of the General President:
times the LCN exercises its control of LIUNA through violence, the LCN also is able to control the union by creating and controlling an institutional structure which guarantees continued LCN dominance of LIUNA. As the President's Commission on Organized Crime stated in its report, THE EDGE, Organized Crime, Business and Labor Unions (March 1986) p. 157, (hereafter to as "THE EDGE"), "Like other unions influenced by organized crime, LIUNA's internal structure perpetuates the existing leadership. The LCN's ability to control LIUNA through various internal procedures is demonstrated by a number of examples, including by not limited to, the following:
attained membership on the General Executive Board by a vote of the General Convention and that one person was elected to office with the support of the General Executive Board and without any opposition.
confronting Powell in public at a LIUNA dinner several months before the convention. At the commission's public hearing in Chicago, Powell testified that Fosco's ties to the Chicago LCN made such threats believable. LIUNA secretary-treasurer Arthur Coia also tried to influence Robert Powell's decision not to seek the union's presidency. Powell was one of the few black leaders in a union whose membership is between 50 and 65 percent non-white. Powell testified under oath that Coia informed him that the 'Italians' had organized LIUNA, and no one outside that group could ever take control. Powell understood this to mean that Coia was referring to a traditional organized crime group, not the ethnic Italians in the unions rank and file."
beaten on the floor of the convention as he attempted to speak.
(b) Local 13: 0n November 23, 1988, in the case of United States v. Basil Robert Cervone, et al., No. CR 87-0579(S) (TCP), in the United States District Court for the Eastern District of New York, Basil Robert Cervone, business manager of LIUNA Manson Tenders Local 13, Queens, New York, and vice-president of the Masons Tenders District Council, was convicted of RICO conspiracy relating to extortion affecting interstate commerce, obstruction of justice, employee benefit fund kickbacks and embezzlement, and labor bribery in exchange for labor peace and the use of non-union labor, in violation of Title 18, United States Code, Sections 1962, 1951, 1953, 1954, and 664 and Title 29, United States Code, Section 186. 0n March 17, 1989, Basil Robert Cervone, Sr., was sentenced to serve five years in prison and fined $100,000. (See attached Exhibit: 46) Among those also convicted with Cervone were: the defendant PETER A. VARIO, also known as "Butch," as alleged in paragraph 68 below; Joseph Frangipane, a "made" member of the Luchese LCN family and treasurer of LIUNA Local 20; Joseph Cervone, president. of Local 13; Basil Robert Cervone, Jr., vice-president of Local 13;
- and a number of corrupt Local 13 shop stewards. The following sentences were imposed upon the defendants: Frangipane, six months in prison (See attached Exhibit 47); Joseph Cervone, eighteen months in prison. (See attached Exhibit 59); and Cervone, JR., three years probation (See attached Exhibit 48). Following these convictions, co-conspirator and then General President Angelo Fosco placed Local 13 under trusteeship in December 1988. The trustee, the defendant SAMUEL J. CAIVANO, on instructions of co-conspirator Gaspar Lupo, appointed Carmine Mandragona, a Local 13 auditor and an associate of the Genovese LCN family, as the business manager of Local 13 and Vincent Miranda, the nephew of the late Michael Miranda, a former Genovese LCN family capo, as secretary-treasurer to run the union on a day-to-day basis during the period of the trusteeship. In conjunction with the expiration of the trusteeship of Local 13 in February 1991, Mandragona was elected to the position of business manager by the members of Local 13. In 1992, in the case of United States v. Carmine Mandragona, et al., No. 92 Cr. 748, in the United States District Court for the Southern District of New York, Carmine Mandragona pled guilty to labor bribery in exchange for labor peace and the use of non-union labor in 1990 and 1991 while Mandragona was business manager of Local 13, in violation of Title 29, United States
Code, Section 186 (b). Mandragona shared these bribes with Frank Lupo, then president of the New York Masons Tenders District Council, and Baldo Mule, then the vice-president of the Masons Tenders District Council, who is described in paragraph 19 e. (17) below. Following the sentencing, Mandragona was replaced as business manager of LIUNA Local 13 by Baldo Mule, the Genovese family associate with whom he shared the kickbacks.
result of the convictions of LABARBARA and Abbatiello until some three months after they were sentenced, at which time they imposed a trusteeship during a time when there was dissidence and unrest at Local 66. The trusteeship was imposed following a meeting attended by MICHAEL LABARBARA, JR., Frank Lupo and SAMUEL J. CAIVANO in CAIVANO's office in Union, New Jersey. During this meeting, it was agreed that LIUNA would impose a trusteeship of Local 66, in part to avoid a government civil RICO action against Local 66, and that Michael R. LaBarbara and James P. Abbatiello would be installed as officers of Local 66 during the period of trusteeship in order to maintain the influence of the Luchese LCN family in the affairs of Local 66. At the time LIUNA imposed the trusteeship, Daniel H. Caivano, the nephew of defendant SAMUEL J. CAIVANO, who was appointed as the trustee by co-conspirator Angel Fosco, appointed Michael R. LaBarbara, James P. Abbatiello and Gerald Losquadro to run the local union on a day-to-day basis during the trusteeship. The appointed Local 66 officials, including Losquadro, followed the instructions of Luchese LCN family figures throughout the period of the trusteeship.
- Luchese LCN family, was convicted of the labor racketeering offenses set forth as Racketeering Acts Nos. 98 through 100 below. Following Vario's conviction in 1988, LIUNA placed Local 46 under trusteeship. The trustee, defendant SAMUEL J. CAIVANO, along with others, on instructions of Gaspar Lupo, who is described in paragraph 19a. (2)(b) above, named Edward J. DioVisalvo, an associate of the Genovese LCN family, to run the affairs of Local 46 on a day-to-day basis. In 1990, Edward DioVisalvo pled guilty to RICO conspiracy involving the defendants LOUIS CASCIANO and JAMES MESSERA, in violation of Title 18, United States Code, Section 1962(d), as described in paragraphs 13.c. and n. above. On march 11, 1991, DioVisalvo was sentenced to serve twenty-one months in prison. (See attached Exhibit 51). In addition to defendants MESSERA and CASCIANO, other members and associates of the Genovese LCN family convicted along with DioVisalvo in case No. Cr 90-00483 were: Jerome Basile, field representative, and Albert Soussi, supervisor of field representatives, of the LIUNA Mason Tenders District Council Trust Funds. On March 5, 1991, Basile was sentenced to serve five months in prison and on March 13, 1991, Soussi was sentenced to serve twenty-seven months in prison. (See attached Exhibit 92)
- (e) Local 7: In 1991, in the case of United States v. Peter P. Pavlisak, et al., No. 89-CR-194 (S), in the United States District Court for the Northern District of New York, Peter P. Pavlisak pled guilty to RICO conspiracy involving extortion committed while business manager of LIUNA Local 7, Binghamton, New York, in violation of Title 18, United States Code, Section 1951 and labor bribery, in violation of Title 29, United States Code, Section 186 (b). On May 6, 1991, Peter P. Pavlisak was sentenced to serve five years in prison. (See attached Exhibit 78) Convicted with Pavlisak were Martin Clune, sergeant at arms and member of the Local 7 Executive Board and Michael Lovaglia, president and field representative of Local 7. Clune was sentenced to serve thirty months in prison and Lovaglia was sentenced to serve three years in prison. Shortly after Pavlisak's plea of guilty, the executive board of Local 7, consisting in part of Pavlisak, Clune and Lovaglia, met and elected John McKay as the business manager of Local 7. Following this action, LIUNA imposed a trusteeship on Local 7. John McKay, the person selected by the convicted local officers, was appointed to run the day-to-day affairs of Local 7 during the trusteeship which lasted until December 1987. McKay was subsequently elected business manager by the Local 7 membership.
establishment of a provisional upstate New York LIUNA District Council, despite the fact that the majority of the local unions involved opposed the establishment of the district council. The provisional Upstate New York District Council was composed of LIUNA Locals 210, 91, 7, 17, 35, 103, 157, 186, 190, 214, 322, 433, 442, 452, 589, 600, 435, 621, 643, 754, 1000 and 1358. Sam Fresina, an associate of the Buffalo LCN family and business manager of LIUNA Local 190, Albany, New York, was installed by CAIVANO as business manager of the provisional Upstate New York District Council and Peter Gerace, the son-in law of the defendant JOSEPH TODARO, Sr., boss of the Buffalo LCN family, was installed as president and secretary-treasurer of the provisional district council.
20. Conspiracy to Acquire and Maintain Control of LIUNA: From at least the late 1960's and continuing up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE,
CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH ROSATO, DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko," and PETER A. VARIO, also known as "Butch,"
did unlawfully, knowingly and intentionally combine, conspire, confederate and agree together with each other, with the co-conspirators identified in paragraph 15 above, and with others whose names are both known and unknown to violate Title 18, United States Code, Section 1962 (b), that is, to acquire and maintain, directly and indirectly, an interest in and control of the aforementioned enterprise which was engaged in and the activities of which affected interstate and foreign commerce through a pattern of racketeering activity consisting of the acts of racketeering alleged in paragraphs 28 through 79 below, in violation of Title 18, United States Code, Section 1962 (d).21. The Enterprise and Manner and Means: Paragraphs 7 through 10 and 16 through 19 above are incorporated by reference and realleged as if fully set forth herein.
22. Each defendant named in Paragraph 20 agreed that at least two of the racketeering acts alleged in paragraphs 28 through 79 below, which are incorporated by reference and realleged as if fully set forth herein, would be committed by members of the conspiracy in the conduct of the affairs of the aforementioned enterprise.
23. Conducting the Affairs of the Enterprise Through a Pattern of Racketeering Activity:
From at least the late 1960's and continuing up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, PETER VARIO, also known as "Jocko," and PETER A. VARIO, also known as "Butch,"; being persons employed by and associated with the enterprise, did unlawfully, knowingly and intentionally conduct and participate, directly and indirectly, in the conduct, management and operation of the affairs of the aforementioned enterprise which was engaged in and the activities of which affected interstate and foreign commerce through a pattern of racketeering activity consisting of the acts of racketeering alleged in paragraphs 28 through 79 below, which are incorporated by reference and realleged as if fully set forth herein, in violation of Title 18, United States Code, Sections 1962 (c) and 2.25. Conspiracy to Conduct the Affairs of the Enterprise Through a Pattern of Racketeering Activity: From at least the late 1960's up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES E. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER M. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN M. RIGGI, JOSEPH P. ROSATO DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko,' and PETER A. VARIO, also known as "Butch,"; did unlawfully, knowingly and intentionally combine, conspire, confederate, and agree together with each other and with the persons identified as co-conspirators in paragraph 15 above, and with others whose names are both known and unknown to conduct and participate, directly and indirectly, in the conduct of the affairs of the aforementioned enterprise which was engaged in and the activities of which affected interstate and foreign commerce,
through a pattern of racketeering activity, in violation of Title 18, United States Code, Section 1962 (d).
26. The Enterprise and Manner and Means: Paragraph 7 through 10 and 16 through 19 above are incorporated by reference and realleged as if fully set forth herein.
27. Each defendant named in paragraph 25 agreed that at least two of the racketeering acts alleged in paragraphs 28 through 79 below, which are incorporated by reference and realleged as if fully set forth herein, would be committed by members of the conspiracy in the conduct of the affairs of the enterprise.
28. Racketeering Act No. 1
a.
From at least the late 1960's and continuing up to and including the date of the
filing of this complaint, in the eastern Division of the Northern District of
Illinois and elsewhere, defendants JOSEPH AIUPPA, ARTHUR J. BERNE,
SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR
ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA,
JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS
ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI,
CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G.
SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE
TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko,
and
PETER A. VARIO, also known as "Butch,"
; and each of the co-conspirators named in paragraph 15 above, and others did wrongfully obstruct, delay, and affect commerce, as that term is defined by Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so, all in violation of Title 18, United States Code, Sections 1951 and 2.b. The aforementioned defendants have obtained, attempted and conspired to obtain property from the membership of LIUNA, including but not limited to the following: 1) the loss of increased dues monies paid to LIUNA and its affiliated regional offices, district councils, and local unions by reason of excessive salaries paid to officials of LIUNA and its affiliates; 2) the loss of salary money paid to unnecessary officials of LIUNA and its affiliates; 3) the loss of employee welfare benefits because of the acceptance of kickbacks by LIUNA officials for non-enforcement of applicable collective bargaining agreements; 4) the right of union members to free speech and democratic participation in internal union affairs as guaranteed by the Labor Management Reporting and Disclosure Act, as amended , Title 29, United States Code, Section 411; 5) the right of union members to be candidates for and to hold union office and to support the candidate or candidates of his choice without being subject to penalty, discipline, or improper interference or reprisal as guaranteed by Title 29, United States Code, Section 481 (e); 6) the right of union
members to loyal and faithful representation by their union officers, agents, shop stewards and other representatives as guaranteed by Title 29, United States Code, Section 501 (a); 7) the right of union members as participants in the various employee welfare benefit and pension benefit plans affiliated with LIUNA to loyal and responsible representation by the fiduciaries of such employee welfare benefit plans and pension benefit plans, as guaranteed by the Employee Retirement Income Security Act of 1974, as amended, Title 298, United States Code, Sections 1104 and 1106; and 8) the right to participate in meetings and functions of the local unions and to be a candidate for and to hold office or position in the local union as guaranteed by Article III, Sections 2 (b) and (c) of the LIUNA Uniform Local Union Constitution, which property defendants obtained, attempted and conspired to obtain from the members of LIUNA, with their consent having been induced by the wrongful use of actual and threatened force, violence and fear, including fear of physical and economic harm.
c. The aforementioned defendants employed the wrongful use of actual and threatened force, violence and fear of physical and economic in order to create a climate of intimidation and fear within the enterprise to induce, and to attempt and conspire to induce, the members of LIUNA to consent to the surrender of property as described above by various means including, but not limited to, the allegations set forth in paragraph 19 above, which is incorporated by reference and realleged as if fully set forth herein.
a. At all times material to this Racketeering Act, defendant ALFRED PILOTTO and co-conspirators Angelo Fosco and Arthur Ettore Coia were officers, agents and employees of LIUNA, within the meaning of Title 18, United States Code, Section 1954 (a) (3), LIUNA being an employee organization, some of whose members were covered by the Health and Welfare Trust Fund of the Indiana Laborers' District Council, an "employee welfare benefit plan" within the meaning of the Provisions of Title I of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et. seq.
b. In or about October and November 1975, at Chicago, in the Eastern Division of the Northern District of Illinois, defendant ALFRED PILOTTO and co-conspirators Angel Fosco and Arthur Ettore Coia did knowingly receive, agree to receive, and solicit a fee, kickback, commission, money, and a thing of value, that is, approximately $25,000.00 from Joseph Hauser, the principal manager of Farmer's National Life Insurance Company, because of and with the intent to be influenced with respect to their actions, decisions and other duties relation to a matter concerning the Health and Welfare Trust Fund of the Indiana Laborers' District Council, that is, the purchase of a group life insurance policy from the Farmer's National Life Instance Company, doing business
under a reinsurance agreement with the Old Security Life Insurance Company of Kansas City, Missouri, all in violation of Title 18, United States Code, Sections 1954 and 2.
a. The Laborers' Local 938 Health and Welfare Trust Fund of Broward County, Florida (the "Local 938 Fund"), the Laborers' Local 666 Health and Welfare Trust Fund of Dade County, Florida (the "Local 666 Fund"), and the Laborers' Local 767 Health and Welfare Fund of Palm Beach County, Florida (the" Local 767 Fund") were "employee welfare benefit plan(s)" which prior to December 31, 1974, were subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301 to 309, and thereafter were "employee welfare benefit plan (s)" within the meaning of Title I of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et. seq.
b. At all times material to this Racketeering Act, co-conspirators Angelo Fosco and Arthur Ettore Coia were officers of LIUNA, within the meaning of Title 18, United States Code, Section 1954 (a) (3), LIUNA Being an employee organization some of whose members were covered by the Local 938 Fund, the Local 767 Fund, or the Local 666 Fund.
c. At all times material to this Racketeering Act, defendants JOHN GIARDIELLO and SALVATORE TRICARIO were officers of LIUNA Local 767, within the meaning of Title 18, United States
Code, Section. 1954 (a) (3), LIUNA being an employee organization whose members were covered by the Local 767 Fund.
d. From in or about June 1973 and continuously thereafter up to and including October 1976, defendants JOHN GIARDIELLO and SALVATORE TRICARIO, co-conspirators Angelo Fosco and Arthur Ettore Coia, and others whose names are both known and unknown did, in the Eastern Division of the Northern District of Illinois and elsewhere, knowingly receive, agree to receive, and solicit a fee, kickback, commission, and thing of value, that is, stock and money in an amount in excess of $50,000 from Joseph Hauser, because of and with the intent to be influenced with respect to their actions, decisions and matters concerning the employee welfare benefit plans described in subparagraph 30.a. above, that is, the purchase of life insurance coverage for the participants in the said employee welfare plans, all in violation of Title 18, United States Code, Sections 1954 and 2.
a. At all times material to this Racketeering Act, defendant ALFRED PILOTTO and co-conspirator Angelo Fosco were officers, agents and employees of LIUNA, within the meaning of Title 18, United States Code, Section 1954 (a) (3), LIUNA being an employee organization some of whose members were covered by the Health and Welfare Fund of the Chicago Laborers' District Council, which was until December 31, 1974, an "employee welfare benefit plan" subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301-309,
and thereafter was an "employee welfare benefit plan" within the meaning of Title I of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et. seq.
b. From in or about May 1971 and continuously thereafter up to an including January 1977, defendant ALFRED PILOTTO and co-conspirator Angelo Fosco, in the Eastern Division of the Northern District of Illinois and elsewhere, did knowingly receive, agree to receive, and solicit a fee, kickback, commission and thing of value, that is, money in an unknown amount in excess of $25,000.00 from a corporation known as Consultants and Administrators with offices located at 220 S. Ashland Avenue, Chicago, Illinois, because of and with the intent to be influenced with respect to their actions, decisions and other duties relation to questions and matters concerning the Health and Welfare Fund of the Chicago Laborers' District Council, that is, the entry into a contract with Consultants and Administrators to provide dental services to members of the Chicago Laborers' District Council, all in violation of Title 18, United States Code, Sections 1954 and 2.
a. The allegations contained in paragraph 29.a. above and paragraph 30.c. above are realleged and incorporated by reference as if fully set forth herein.
b. Some of the members of the employee organizations, of which defendants ALFRED PILOTTO, JOHN GIARDIELLO, and SALVATORE TRICARIO and co-conspirator Angelo Fosco were officers, were covered by the Southeast Florida Laborers' District Council Dental,
Vision, and Preventive Care Trust Fund, which was until December 81,1974, an "employee welfare benefit plan" subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Cod, Sections 301-309, and thereafter was an "employee welfare benefit plan" within the meaning of the Employees Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et.seq..
c. From in or about June 1972 up to in or about October 1976, defendants ALFRED PILOTTO, JOHN GIARDIELLO, and SALVATORE TRICARIO, co-conspirator Angelo Fosco and others, in the Eastern Division of the Northern District of Illinois, and elsewhere, did knowingly receive, agree to receive, and solicit a fee, kickback, commission and thing of value, that is, money in an unknown amount in excess of $25,000 from a corporation known as Dental and Vision Care Centers, Inc. (hereafter "DVCC"), whose administrative offices were located at 220 S. Ashland Avenue, Chicago, Illinois, because of and with intent to be influenced with respect to their actions, decisions and other duties relation to questions and matters concerning the Southeast Florida Laborers' District Council Dental, Vision, and Preventive Care Trust Fund, that is, the entry into a contract with DVCC to provide dental and vision care services to members of the constituent local unions of the Southeast Florida Laborers' District Council, all in violation of Title 18, United States Code, Sections 1954 and 2.
a. At all times material to this Racketeering Act, defendant ARTHUR ARMAND COIA and co-conspirator Arthur Ettore Coia were officers, agents and employees of LIUNA, and employee organization within the meaning of Title 18, United States Code, Section 1954 (a) (3), some of whose members were covered by the Massachusetts Laborers' Health and Welfare Fund, which was, until December d31, 1974, an "employee welfare benefit plan" subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301-309, and thereafter was an "employee welfare benefit plan" within the meaning of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et.seq.
b. From in or about 1973, the exact date being unknown, up to and including 1976, the defendant ARTHUR ARMAND COIA and co-conspirator Arthur Ettore Coia at Providence, Rhode Island and elsewhere, including the Eastern Division of he Northern District of Illinois, did knowingly receive, agree to receive, and solicit a fee, kickback, commission, and thing of value, that is, money in an amount in excess of $25,000, from Joseph Hauser and Farmer's National Life Insurance Company, because of and with the intent to be influenced with respect to their actions, decisions and other duties relating to questions and matters concerning the Massachusetts Laborers' Health and Welfare Fund, that is, the purchase of group life insurance from the Farmer's National Life Insurance Company under a reinsurance agreement with the Old Security Life Insurance company of Kansas City, Missouri, and they
did share the things of value they received with co-conspirator Raymond Patriarca, all in violation of Title 18, United States Cod, Sections 1954 and 2.
a. The allegations of paragraph 33. a. above are incorporated by reference and realleged as if fully set forth herein.
b. Some of the members of the employee organization mentioned in paragraph 33. a. above were covered by the Rhode Island Laborers' District Council Health and Welfare Fund and the Rhode Island Laborers' Heavy and Highway Health and Welfare Fund, both of which, until December 31, 1974, were welfare plans subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301-309, and thereafter were "employee welfare benefit plan (s)" within the meaning of the Employees Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et seq.
c. From in or about 1973, the exact date being unknown to the plaintiff, to in or about 1976, defendant ARTHUR ARMAND COIA and co-conspirator Arthur Ettore Coia at Providence, Rhode Island and elsewhere, including the Eastern Division of the Northern District of Illinois, did knowingly receive, agree to receive, and solicit a fee, kickback, commission and thing of value, that is, money in an amount greater than $25,000, from Joseph Hauser and Farmer's National Life Insurance Company, because of and with intent to be influenced with respect to their actions, decisions,
and other duties concerning the Rhode Island Laborers' District Council Health and Welfare Fund and the Rhode Island Laborers' Heavy and Highway Health and Welfare Fund, that is, the purchase of group life insurance from the Farmer's National Life Insurance Company under a reinsurance agreement with the Old Security Life Insurance Company of Kansas City, Missouri, and they did share the things of value they received with co-conspirator Raymond Patriarca, all in violation of Title 18, United States Code, Sections 1954 and 2.
a. At all times material to this Racketeering Act, Farmer's Financial Agency was a corporation incorporated under the laws of the State of Florida and its only asset was the stock of Farmers National Life Insurance Company.
b. At all times material to this Racketing Act, all of the disbursements of Farmers' National Life Insurance Company were made out of various bank accounts in the name of Farmer's Financial Agency.
c. Farmer's National Life Insurance Company was engaged in activities relating to providing insurance services to labor unions throughout the United States in interstate and foreign commerce.
d. On or about July 1, 1976, at Washington, D.C., co-conspirator Angelo Fosco did wrongfully obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in
commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so, in that co-conspirator Angelo Fosco did obtain and did conspire and attempt to obtain property of Farmer's Financial Agency, that is, money in the sum of $36,844.00 from Joseph Hauser, the principal operator of Farmer's Financial Agency, with the consent of Joseph Hauser having been induced by the wrongful use of actual and threatened force, violence and fear, including fear of physical and economic harm, all in violation of Title 18, United States Code, Sections 1951 and 2.
a. the allegations of subparagraphs a., b., and c. of Paragraph 35. are realleged and incorporated by reference as if fully set forth herein.
b. In or about April 1975, the exact date being unknown, at Washington, D.C. and Providence, Rhode Island, co-conspirator Arthur Ettore Coia and others did wrongfully obstruct, delay, and affect commerce, as that term is defined by title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, and did attempt and conspire to do so, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), in that co-conspirator Arthur Ettore Coia and other did obtain, attempt and conspire to obtain sums of money from Farmer's Financial Agency and Joseph Hauser, one of the owners and the principal operator of Farmer's National Life Insurance
Company, with the consent of Joseph Hauser having been induced by the wrongful use of actual and threatened force, violence, and fear, including fear of physical and economic harm, all in violation of Title 18, United States Code, Sections 1951 and 2.
a. On or about April 5, 1979, at Los Angeles, California, co-conspirator Arthur Ettore Coia did willfully endeavor by means of bribery to obstruct, delay and prevent Joseph Hauser from communicating information relating to violations of the statutes of the United States relating to the conduct of Arthur Ettore Coia in executing the duties of his position of International Vice-President of LIUNA to criminal investigators of the Federal Bureau of Investigation by giving to Joseph Hauser the sum of approximately $3,000.00, in violation of Title 18, United States Code, Section 1510.
In 1982, in the case of United States v. Anthony Accardo, et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, defendants ALFRED PILOTTO, JOHN GIARDIELLO and SALVATORE TRICARIO were convicted of conspiring to conduct the affairs of an enterprise, that is, LIUNA and its subordinate bodies and affiliated employee benefit plans, through a pattern of racketeering activity which included the racketeering activity alleged in Racketeering Acts Nos. 2,3, 4, and 5 above. Therefore, these defendants are estopped from denying the essential allegations underlying Racketeering Acts Nos. 2, 3, 4, and 5,
pursuant to Title 18, United States Code, Section 1964 (d) and general
principles of collateral estoppel. Certified copies of the indictment and
relevant judgments of conviction in that case are attached to this complaint as
Exhibits 1 through 4.
a. Conspiracy to Commit Murder
From a time prior
to November 1, 1979, the exact date being unknown, to on or about November 8,
1979, at St. Louis, Missouri, defendant RAYMOND FLYNN and
others did intentionally conspire to murder John Paul Spica because Spica was
viewed to be a threat to FLYNN's LIUNA position, and act involving murder which
is chargeable under the laws of the State of Missouri, Sections 572.041,
564.016, 565.011, 565.004 and 565.008, Revised statutes of Missouri, and is
punishable by imprisonment for more that one year;
b. Murder
On or about November 8, 1979, at St.
Louis, Missouri, defendant RAYMOND FLYNN and others did
intentionally murder John Paul Spica because Spica was viewed to be a threat to
FLYNN's LIUNA position, an act involving murder which is chargeable under the
laws of the State of Missouri, and is punishable by imprisonment for more than
one year.
In 1987, in the case of United States v. Raymond Flynn, No.
86-00159CR K(1 ), in the United States District Court for the Eastern District
of Missouri, defendant RAYMOND FLYNN was convicted of
conducting the affairs of an enterprise, that is, a group of individuals
associated in fact which operated, in part, through a business known as LN&P
Trucking, through a pattern of racketeering activity which included the
racketeering activity alleged in Racketeering Act No. 11. Therefore, defendant
RAYMOND FLYNN is estopped from denying the essential
allegations underlying Racketeering Act No. 11, pursuant to Title 18, United
States Code, Section 1964 (d) and general principles of collateral estoppel.
Certified copies of the indictment and relevant judgment of conviction are
attached to this complaint as Exhibits 6 and 7.
a. At all times material to Racketeering Acts Nos. 12 through 19, defendant CARMINE PERSICO, also known as "the Snake" or "Junior," was the boss of the Colombo LCN family; defendant GENNARO LANGELLA, also known as "Gerry Lang," was a "capo" or the underboss of the Colombo LCN family and, when defendant CARMINE PERSICO was in prison, was the acting boss of the Colombo LCN family; and co-conspirator Ralph Scopo was a "made" member of the Colombo LCN family and president and business manager of the District Council of Cement and Concrete Workers, a district council of the Enterprise alleged in this complaint.
b. At all times material to Racketeering Acts Nos. 12 through 19, co-conspirator Ralph Scopo, as the president and business manager of the LIUNA Cement and Concrete Workers District Council, was an officer and employee of a labor organization which represented, sought to represent and would admit to membership, employees of employers who were employed in an industry affecting commerce.
c. At all times material to Racketeering Acts Nos. 12 through 19, the construction companies identified in Racketeering Acts Nos. 12 through 19 were engaged in, and their activities affected interstate commerce.
d. Beginning in or about 1981 and continuing to at least late 1984, the Colombo LCN family organized and controlled a scheme to extort various New York concrete contractors, whereby the Colombo LCN family used, its control of various labor unions, including the LIUNA District Council of Cement and Concrete Workers, to demand and receive payoffs from employers and prospective employers of members of the various labor unions. Fear of violence, labor troubles, and disruption of sources of supply induced the employers to pay the sums demanded. The Colombo LCN family enforce the rules of the scheme by threatening disobedient contractors with labor problems such as slowdowns and stoppage of concrete deliveries and the withholding of union workers from construction projects as well as other forms of economic punishment. The Colombo LCN family also caused those with whom
they conducted business to be threatened with assault and other acts of violence in order to induce fear.
e. Leaders of the Colombo LCN family, including defendants CARMINE PERSICO and GENNARO LANGELLA, used co-conspirator Ralph Scopo and his position as president of the Cement and Concrete Worker District Council and his control of its member local unions to extort payments from construction companies. In exchange for guaranteeing labor peace and for allowing contractors to use non-union labor. Certain of the payments were given directly to co-conspirator Ralph Scopo who kept a portion of the money and gave the remainder to the Colombo LCN family.
41. Racketeering Acts Nos. 12 through 19
From at least 1981 up to and including October 1984, on or about the dates listed below corresponding to each Racketeering Acts, in New York, New York and elsewhere, the defendants CARMINE PERSICO and Gennaro LANGELLA and co-conspirator Ralph Scopo did wrongfully obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so in that the defendants did obtain, attempt and conspire to obtain the property of the construction companies identified in Racketeering Acts No. 12 through 19 below with their consent having been induce by the wrongful use of actual and threatened force, violence, and fear,
including fear of physical and economic harm, in that the defendants did engage in the conduct described in subparagraphs d. and e. of Paragraph 40 above, all in violation of Title 18, United States Code, Sections 1951 and 2.
RACKETEERING APPROXIMATE CONSTRUCTION APPROXIMATE
ACT DATE COMPANY AMOUNT
12 1981 to Pile Foundation $16,000
April 1984 Company
13 November 1983 Retsam Contracting $ 6,000
to May 1984 Corporation
14 December 1983 Alicer Contracting $ 6,000
to July 1984 Company
15 1982 DeGaetano & Vozzi $25,500
Construction Co.
16 October 1982 All- Boro Paving $24,300
To March 1984 Company
17 January 1983 Cederic Construction $25,000
to September Company
1984
18 November 1983 Daval Construction $ 2,000
to March 1984 Company
19 March 12,1986 Technical Concrete $29,000
Construction Corp.
In 1986, in the case of United States v. Carmine Persico, et al., No. S 84 Cr. 809 (JFK), in the United States District Court for the Southern District of New York (hereafter, the "Persico Indictment"), defendants CARMINE PERSICO and GENNARO LANGELLA were convicted of participation in, and conducting the affairs of, and enterprise affecting interstate commerce, that is, a group of individuals associated in fact known as the Colombo Organized Crime
family of the LCN, through a pattern of racketeering activity including
Racketeering Acts Nos. 2 through 9 of Count One of the redacted Persico
Indictment, which racketeering acts are incorporated by reference and realleged
as Racketeering Acts Nos. 12 through 19 of this complaint as if fully set forth
herein. Therefore, the defendants CARMINE PERSICO and
GENNARO LANGELLA are estopped from denying the essential allegations
underlying Racketeering Acts Nos. 12 through 19, pursuant to Title 18, United
States Code, Section 1964 (d) and general principles of collateral estoppel.
Certified copies of the indictment, redacted indictment and relevant judgments
of conviction are attached to this complaint as Exhibits 8, 8R, 9 and
10.
a. At all times material to Racketeering Acts Nos. 20 through 37, co-conspirator Anthony Salerno, also known as "Fat Tony," was the boss of the Genovese LCN family; co-conspirator Antonio Corallo, also known as "Tony Ducks," was the boss of the Luchese LCN family; defendant CARMINE PERSICO, also known as "the Snake" or "Junior," was the boss of the Colombo LCN family; defendant GENNARO LANGELLA, also known as "Gerry Lang," was a "capo" or underboss of the Colombo LCN family and, when defendant CARMINE PERSICO was in prison, was the acting boss of the Colombo LCN family; co-conspirator Christopher Furnari, also known as
"Christy Tick," was consigliere of the Luchese LCN family; co-conspirator Salvatore Santoro was the underboss of the Luchese LCN family; and co-conspirator Ralph Scopo was a "made" member of the Colombo LCN family and president of the LIUNA District Council of Cement and Concrete Workers, located in New York, New York, a district council of the Enterprise alleged in this complaint.
b. At all times material to Racketeering Acts Nos. 20 through 37, co-conspirator Ralph Scopo, as the president of the LIUNA District Council of Cement and Concrete Workers, was an officer and employee of a labor organization which represented, sought to represent and would admit to membership, employees of construction companies who were employed in an industry affecting commerce.
c. At all times material to Racketeering Acts Nos. 20 through 37, the construction companies identified in Racketeering Acts Nos. 20 through 37 were engaged in, and their activities affected, interstate commerce.
d. Beginning in or about 1981 and continuing up to and including in or about August 1984, the LCN Commission, which is described in paragraph 9 above, organized and controlled a scheme to extort various New York City area contractors. The LCN Commission established a "Club" of certain construction contractors who poured concrete. The LCN Commission and its co-conspirators controlled the allocation of contracts to pour concrete on construction jobs where the contract price exceeded two million dollars. The Commission and its co-conspirators and agents would
designate which contractor would be permitted to make the successful bid on a particular contract. Often other concrete contractors would be directed to submit bids higher than that of the designated winner. The Commission and its co-conspirators and agents exercised control over and influenced the decisions of the LIUNA District Council of Cement and Concrete Workers and agreed to the payment of bribes to co-conspirator Ralph Scopo, an official thereof. The Commission enforced the rules of the "Club" through threats of punishing disobedient contractors by causing the contractors' supplies of cement to be stopped and by causing certain labor union leaders to create "labor problems" for the contractors as well as other forms of economic punishment and threats of violence and physical harm.
e. The LCN Commission controlled the allocation of concrete pouring contracts valued in excess of two million dollars, in part, by exercising control over the actions and decisions of the LIUNA Cement and Concrete Workers District Council and specifically the actions and decisions of co-conspirator Ralph Scopo. By exploiting its control over these concrete pouring contracts, co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, and Salvatore Santoro and defendants GENNARO LANGELLA and CARMINE PERSICO and members of the Commission and bosses, acting bosses and underbosses of various LCN families and others were able to induce major New York City area concrete construction companies to join this "Club" and to extort payments from these contractors in the amount of two per cent of the
contract price of any concrete-pouring construction jobs in which the contract price exceeded two million dollars.
44. Racketeering Acts Nos. 20 through 37
a. Hobbs Act Offenses, Racketeering Acts Nos. 20 through 31
From at least August 1981 up to and including April 1984, on or about the dates listed below corresponding to each racketeering act, in New York City and elsewhere, defendants GENNARO LANGELLA and CARMINE PERSICO and co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro, Ralph Scopo and others did wrongfully , obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so, in that the defendants and co-conspirators did obtain, attempt and conspire to obtain the property of the construction companies identified in paragraph 44. c. below with their consent having been induce by the wrongful use of actual and threatened force, violence, and fear, including the fear of physical and economic harm, in that the defendants and co-conspirators did engage in the activity describe in paragraphs 43. a., b., c., d., and e. above, all in violation of Title 18, United States Code, Sections 1951 and 2.
b. Taft-Hartley Offenses, Racketeering Acts Nos. 32 through 37
From at least August 1981 up to and including April 1984, on or about the dates listed below corresponding to each of Racketeering Acts Nos. 32 through 37, in New York City and elsewhere, defendants GENNARO LANGELLA and CARMINE PERSICO and co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro, Ralph Scopo and others did unlawfully and willfully request , demand, receive, accept, and agree to receive and accept the payment of money from the construction companies identified in paragraph 44.c. below and persons action in their interest, in the approximate amounts specified below corresponding to each of Racketeering Acts Nos. 32 through 37, all in violation of Title 29, United States Code, Section 186 (b) (2) and (d) and Title 18, Unites States Cod, Section 2.
c. Racketeering Acts Nos. 20 through 37
| Racketeering Acts | Dates | Construction
Company |
Approximate Amount |
| 20 & 32 | August 1981 | XLO Concrete Corp | $136,000.00 |
| 21 & 33 | May 1983 | XLO Concrete Corp | $326,000.00 |
| 22 & 34 | April 1984 | XLO Concrete Corp | $157,000.00 |
| 23 &35 | March 1984 | Century Maxim Construction Co |
$177,000.00 |
| 24 & 36 | April 1983 | Technical Concrete Construction Corp | $ 70,000.00 |
| 24 & 37 | April 1984 | Technical Concrete Construction Corp | $ 65,000.00 |
| 26 | March 1982 | Cedar Park Concrete Corp |
$ 73,000.00 |
|
122 |
|||
| 27 | April 1982 | Northberry Concrete Corp |
$134,000.00 |
| 28 | Sept 1982 | G&G Concrete Corp | $117,000.00 |
| 29 | May 1984 | S&A Structures, Inc | $ 95,000.00 |
| 30 | August 1984 | S&A Concrete Corporation, Inc |
$ 84,000.00 |
| 31 | May 1984 | S&A Concrete Corporation, Inc |
$ 67,000.00 |
In 1987, in the case of United States v. Anthony Salerno, et al., No. SSS 85 Cr. 139 (RO), in the United States District Court for the Southern District of New York, defendants GENNARO LANGELLA and CARMINE PERSICO and co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro and Ralph Scopo were convicted of participation in the conduct of the affairs of an enterprise affecting interstate commerce, that is, a group of individuals associated in fact known as the Commission of LCN, and conspiring to do so, through a pattern of racketeering activity which included Racketeering Acts Two through Nine, Eleven and Fourteen through Sixteen and Counts Four through Seventeen, Nineteen and Twenty-Two through Twenty Four of the indictment, which racketeering acts are incorporated by reference and realleged as Racketeering Acts Nos. 20 through 37, respectively, of this complaint as if fully set forth herein. Therefore, defendants GENNARO LANGELLA and CARMINE PERSICO are estopped from denying the essential allegations underlying each of Racketeering Acts Nos. 20 through 37, pursuant to Title 18, United States Code, Section
1964 (d) and general principles of collateral estoppel. Certified copies of the relevant indictment and judgments of conviction are attached to this complaint as Exhibits 11 through 13. RACKETEERING ACTS NOS. 38 THROUGH 53
a. At all times material to Racketeering Acts Nos. 38 through 53, LIUNA Local 21 ("Local 21") located in Jersey City, New Jersey, was a labor organization engaged in an industry affecting commerce within the meaning of Title 29, United States Code, Sections 142 (3), 152 (5), and 402 (I) and (j) which represented, sought to represent and would admit to membership employees employed in an industry affecting commerce.
b. At all times material to Racketeering Acts Nos. 38 through 53, defendant ROCCO J. NAPOLI was the business manager of Local 21.
c. At all times material to Racketeering Acts Nos. 38 through, 53, defendant LOUIS ANTHONY MANNA, also known as "Bobby Manna," was the leader of Genovese LCN family activities in Northern New Jersey and controlled the activities of defendant ROCCO J. NAPOLI in the performance of his actions, decisions and other duties with respect to the affairs of Local 21.
47. Racketeering Acts Nos. 38 through 52
From in or about January 1977 and continuously thereafter up to and including April 1988, in Jersey City, New Jersey and elsewhere, defendant ROCCO J. NAPOLI, being an officer and employee of LIUNA
Local 21, and others, aided, abetted , counseled, commanded, induced, and procured by defendant LOUIS ANTHONY MANNA, also known as "Bobby Manna," did commit multiple acts in which defendant ROCCO J. NAPOLI did unlawfully and willfully request, demand, receive, accept, and agree to receive and accept sums of money and things of value from employers and persons action in the interests of said employers, all in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Acts 5 and 7 through 20 in Count One of the redacted Manna Indictment, which are incorporated by reference and realleged as Racketeering Acts Nos. 38 through 52, respectively, of this complaint as if fully set forth herein.
From in or about March 1987 and continuously thereafter up to and including April 1988, in Jersey City, New Jersey and elsewhere defendant ROCCO J. NAPOLI, aided, abetted, counseled, commanded, induced and procured by defendant LOUIS ANTHONY MANNA, did commit an act in which defendant ROCCO J. NAPOLI, did wrongfully conspire and agree with others to obstruct, delay and affect commerce, as that term is defined by Title 18, United States Code, Section 1951 (b) (3), and the movement of article and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 and 2, as alleged in Racketeering Act 4 in Count One of the redacted Manna indictment, which
racketeering act is incorporated by reference herein and realleged as Racketeering Act No. 53 of this complaint as if fully set forth herein.
In 1989, in the case of United States v. Louis Anthony Manna, et
al., No. CR 88-239, in the United States District Court for the District of
New Jersey (hereafter the Manna Indictment), defendants LOUIS ANTHONY
MANNA and ROCCO J. NAPOLI were convicted of conspiring
to conduct the affairs of an enterprise, that is, a group of individuals
associated in fact which constituted a faction of the Genovese LCN family,
though a pattern of racketeering activity which included the racketeering
activity alleged as Racketeering Acts 5 and 7 through 20 of the redacted Manna
Indictment which are realleged herein as Racketeering Acts Nos. 38 through 52
and Racketeering Act of the redacted Manna Indictment which is realleged herein
as Racketeering Act No. 53. Therefore, defendants LOUIS ANTHONY
MANNA and ROCCO J. NAPOLI are each estopped from
denying the essential allegations underlying Racketeering Acts Nos. 38 through
53, pursuant to Title 18, United States Code, Section 1964 (d) and general
principles of collateral estoppel. Certified copies of the Manna Indictment, the
redacted Manna Indictment and the relevant judgments of conviction are attached
to this complaint as Exhibits 14, 14R, 15 and 16.
50. Introduction - Racketeering Acts Nos. 54 through 61
a. At all times material to Racketeering Acts Nos. 54 through 61, LIUNA Local 394 ("Local 394"), located in Elizabeth, New Jersey, was a labor organization engaged in an industry affecting commerce within the meaning of Title 29, United States Code, Sections 143 (3), 152 (5), and 402 (I) and (j), which represented, sought to represent and would admit to membership the employees of Akron Construction Company, Moser Brothers Mechanical Contractors, and J. P. Sasso, Inc., all employers of employees employed in an industry affecting commerce.
b. At all times material to Racketeering Acts Nos. 54 through 61, defendant JOHN RIGGI was the acting boss of the DeCavalcante LCN family and the business manager of Local 394.
a. From approximately late 1980 and continuously thereafter up to and including August 1985, in Elizabeth, New Jersey and elsewhere, defendant JOHN M. RIGGI and others did wrongfully obstruct, delay and affect commerce, as that term is defined by Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt to do so, by obtaining money and property in the form of certain earnings and services from Crosby's Heating Services, Inc., with the consent of the owner thereof having been induce by the wrongful use of threatened force, violence, and fear, including the fear of physical and economic
harm, in violation of Title 18, United States Code, Sections 1951 and 2, as alleged in Count Four of the redacted indictment in the case of United States v. John M. Riggi, et al ., Criminal No. 89-380 (AMN ), in the United States District Court for the District of New Jersey (the "Riggi Indictment"), which count is incorporated by reference and realleged as Racketeering Act No. 54 of this complaint as if fully set forth herein.
52. Racketeering Acts Nos. 55 through 61
a. From on or about November 5, 1985, to on or about January 15, 1987, in Elizabeth, New Jersey and elsewhere, defendant JOHN M. RIGGI, being an officer and employee of Local 394, did commit multiple acts in which he did unlawfully and willfully request, demand, receive, accept and agree to receive and accept sums of money and other things of value from Akron Construction Company, Moser Brothers Mechanical Contractors, and J. P. Sasso, Inc., and persons acting in their interest, all in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2 as alleged in Counts Seventeen, Eighteen, Twenty-One, Twenty-Five, Thirty and Thirty-One of the Riggi Indictment, which counts are herein incorporated by reference and realleged as Racketeering Acts Nos. 55 through 61 of this complaint as if fully set forth herein.
In 1992, in the case of United States v. John M. Riggi, et al ., Criminal No. 89-380 (AMN) , in the united States District Court for the District of New Jersey, defendant JOHN M. RIGGI pled guilty
to Count Four, Seventeen, Eighteen, Twenty-One, Twenty-Four, Twenty-Five, Thirty and Thirty-One of the Riggi Indictment, which counts are incorporated by reference and realleged in this complaint as Racketeering Acts Nos. 54 through 61, respectively, as if fully set forth herein. Therefore, defendant JOHN M. RIGGI is estopped from denying the essential allegations underlying Racketeering Acts Nos. 54 through 61, pursuant to general principles of collateral estoppel. Certified copies of the relevant indictment, redacted indictment and the relevant judgment of conviction are attached to this complaint as Exhibits 17, 17R and 18.
53. Racketeering Acts Nos. 62 and 63
a. At all times material to Racketeering Acts Nos. 62 and 63, Hazardous Waste Removal Local 1030 of LIUNA ("Local 1030), located in Elizabeth, New Jersey, was a labor organization engaged in an industry affecting commerce in that it did represent, sought to represent and would admit to membership persons employed by companies involved in the removal of asbestos and hazardous waste.
b. At all times material to Racketeering Acts Nos. 62 and 63, defendants JAMES J. GALLO and JAMES B. CASTALDO were officers and employees of Local 1030, that is, business agent and business manager, respectively.
c. On or about the dates corresponding to each of Racketeering Acts Nos. 62 and 63 in New Jersey and elsewhere,
defendants JAMES J. GALLO and JAMES B. CASTALDO did unlawfully and willfully request, demand, receive and accept, and agree to receive and accept a payment, loan and delivery of money from a representative of Genesis Abatement Services, a company which contracted to remove asbestos and hazardous waste and was an employer engaged in, and the activities of which affected, interstate commerce which employed persons who would be admitted to membership in Local 1030, in the approximate amounts and on or about the dates corresponding to each of the racketeering acts specified below, with the intent to influence defendants JAMES J. GALLO and JAMES B. CASTALDO in respect to their actions, decisions and other duties as officers and employees of Local 1030, each act constituting a violation of Title 29, United States Code, Section 186 (b) (1):
| Racketeering Acts
62 63 |
Date
July 13, 1992 September 3,1992 |
Amount
$50,000 $20,000 |
d. Collateral Estoppel: In 1993, in the case United States v. James Gallo, et al., No. Cr. 92-508 (JBS), in the United States District Court for the District of New Jersey (hereafter the Gallo Indictment), the defendants JAMES B. CASTALDO and JAMES J. GALLO pled guilty to Counts 3 and 4, which counts are incorporated by reference and realleged as Racketeering Acts Nos. 62 and 63 of this complaint as if set forth herein. Therefore, defendants JAMES B. CASTALDO and JAMES J. GALLO are estopped from denying the essential allegations of Racketeering Acts Nos. 62 and 63 pursuant
to general principles of collateral estoppel. Certified copies of the
relevant indictment and the relevant judgments of conviction are attached to
this complaint as Exhibits 19 through 21.
At all times material to Racketeering Acts Nos. 64 through 91: a.. General Building Laborers Local 66 of LIUNA ("Local 66"), located in Long
Island, New York, was a labor organization within the meaning of Title 29,
United States Code, Sections 142 (3), 152 (5), and 402 (i) and (j), which
represented, sought to represent and would admit to membership, employees of
Spartan Concrete Corporation, C&A Concrete Company, Meadow Concrete
Corporation, More Concrete Company, J&A Concrete Corporation, and DeSantis
Construction # 2 Corporation, each of whose employees were employed in and
industry affecting commerce. b. Defendant PETER VARIO, also known as "Jocko," was the
vice-president and an officer, member and employee of Local 66 and a member of
the Luchese LCN family. c. Defendant MICHAEL LABARBARA, JR., was the business
manager and an officer, member and employee of Local 66 and a member of the
Luchese LCN family. 55. Racketeering Acts Nos. 64 through 81
From in or about May 1980 up to and including on or about May 11, 1986, in
Nassau and Suffolk Counties, New York and elsewhere, defendant PETER
VARIO, also known as "Jocko," did commit multiple
acts in which he did unlawfully and willfully request, demand, receive, and
accept and agree to receive and accept the delivery of money and other things of
value from Spartan Concrete Corporation and from persons action in its interest,
in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and
Title 18, United States Code, Section 2, as alleged in Racketeering Acts 1
through 17 and 19 of Count One and in Counts Two through Ten and Twelve of the
indictment in the case of United States v. Pete Vario, et al.,
No. CR. 88-00719 (S) (JM), in the United States District Court for the Eastern
District of New York (hereafter "the Vario Indictment"), which are incorporated
by reference and realleged as Racketeering Acts Nos. 64 through 81,
respectively, of this complaint as if fully set forth herein. On or about September 30, 1985, in Nassau and Suffolk Counties, New York,
defendants MICHAEL LABARBARA, JR., and PETER
VARIO, also known as "Jocko," did unlawfully and willfully request,
demand, receive, accept and agree to receive and accept sums of money, that is,
approximately $5,500, from Spartan Concrete Corporation and persons action in
its interest, in violation of Title 29, United States Code, Section 186 (b) (1)
and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering
Act 18 of Count One and in Count Eleven of the Vario Indictment, which are
incorporated by reference and realleged as Racketeering Act No. 82 of this
complaint as if fully set forth herein. 57. Racketeering Acts Nos. 83 through 86
From in or about December 1981 to in or about December 1983, in Nassau and
Suffolk Counties, New York, defendant PETER VARIO, also known
as "Jocko," did commit multiple acts in which he did unlawfully and willfully
request, demand, receive, accept and agree to receive and accept property from
C&A Concrete Company and persons action in its interest, in violation of
Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United
States Code, Section 2, as alleged in Racketeering Act 20 though 23 of "Count
One and in Count Thirteen of the Vario Indictment, which are incorporated by
reference and realleged as Racketeering Acts Nos. 83 through 86, respectively,
of this complaint as if fully set forth herein. In or about December 1984 in Nassau and Suffolk Counties, New York,
defendants MICHAEL LABARBARA, JR., and PETER
VARIO, also known as "Jocko,'" did unlawfully and wilfully request,
demand, receive, accept, and agree to receive and accept the payment and
delivery of money, that is, $3,000.00, from C&A concrete Company and persons
acting in its interest, in violation of Title 29, United States Code, Section
186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in
Racketeering Act 24 of Count One and in Count Fourteen of the Vario Indictment,
which are incorporated by reference and realleged as Racketeering Act No. 87 of
this complaint as if fully set forth herein. On or about December 21, 1987, in Nassau and Suffolk Counties, New York,
defendant MICHAEL LABARBARA, JR., did unlawfully and willfully
request, demand, receive, accept and agree to receive and accept the delivery
and payment of a sum of money, that is, $1,500.00 from Meadow Concrete Company
and persons acting in its interest, in violation of Title 29, United States
Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2,
as alleged in Racketeering Act 40 of Count One and in count Twenty-Nine of the
Vario Indictment, which are incorporated by reference and realleged as
Racketeering Act No. 88 of this complaint as if fully set forth herein. In or about 1985, in Nassau and Suffolk Counties, New York, defendant
MICHAEL LABARBARA, JR., did unlawfully and willfully request,
demand, receive, accept and agree to receive and accept a sum of money, that is,
$1,500.00, from More Concrete Company and persons action in its interests, in
violation of Title 29, United States Code, Section 186 (b) (1) and (d), and
Title 18, United States Code, Section 2, as alleged in Racketeering Act 55 of
Count One and in Count Forty-Four of the Vario Indictment, which are
incorporated by reference and realleged as Racketeering Act No. 89 of this
complaint as if fully set forth herein. In or about December 1987, in Nassau and Suffolk Counties, New York,
defendant MICHAEL LABARBARA, JR., did unlawfully and willfully
request, demand, accept, receive and agree to receive and accept
the delivery and payment of a sum of money, that is, $3,500.00, from J&A
Concrete Corporation and persons acting in its interest, in violation of Title
29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States
Code, Section 2, as alleged in Racketeering Act 64 and Count Fifty-two of the
Vario Indictment, which are incorporated by reference and realleged as
Racketeering Act No. 90 of this complaint as if fully set forth herein. On or about December 16 1987, in Nassau and Suffolk Counties, New York,
defendant MICHAEL LABARBARA, JR., did unlawfully and willfully
request, accept and agree to receive and accept sums of money, that is, $2000,
from DeSantis Construction #2 Corporation and from Silvestro Spillabotte, the
owner and a person acting in its interest, in violation of Title 29, United
States Code, Section 186 (b) (1) and (d) and Title 18, United States Code,
Section 2, as alleged in Racketeering Act 68 of Count One and in Count Fifty-Six
of the Vario Indictment, which are incorporated by reference and realleged as
Racketeering Act No. 91 of this complaint as is fully set forth herein. a. In 1989, in the case of United States v. Peter Vario, et al
., No. CR 88-00719 (S)-02 (JM), in the United States District Court for
the Eastern District of New York, defendant MICHAEL LABARBARA,
JR., pled guilty to Counts Eleven, Fourteen, Twenty-Nine, Forty-Four,
Fifty-Two and Fifty-Six of the Vario Indictment which constitute
Racketeering Acts Nos. 82 and 87 through of
this complaint. Therefore, defendant MICHAEL LABARBARA, JR.,
is estopped from denying the essential allegations underlying Racketeering Acts
Nos. 82 and 87 through 91, pursuant to general principles of collateral
estoppel. A certified copy of the relevant indictment and relevant judgment of
conviction are attached hereto as Exhibits 22 and 23. b. In 1990, in the case of United States v. Peter Vario, et
al., No. CR 88-00719 (S)-01 (JM ), in the United States District Court
for the Eastern District of New York, defendant PETER VARIO,
also known as "Jocko," was convicted of conspiring with defendant
MICHAEL LABARBARA, JR., co-conspirators Antonio Corallo, also
known as "Tony Ducks," Salvatore Santoro, also known as "Tom Mix," Salvatore
Avellino, and others, including James Abbatiello, whose named are both known and
unknown to conduct the affairs of and enterprise, that is, the General Building
Laborers' Local 66 of LIUNA, through a pattern of racketeering activity which
included Racketeering Acts 1 through 16 and 19 of the Vario Indictment
which constitute Racketeering Acts Nos. 64 through 87 of this complaint.
Therefore, defendant PETER VARIO, also known as "Jocko," is
estopped from denying the essential allegations underlying Racketeering Acts
Nos. 64 through 87, pursuant to Title 18, United States Code, Section 1964 (d)
and general principles of collateral estoppel. A certified copy of the relevant
judgment of conviction is attached to this complaint as Exhibit 24
64. Racketeering Acts Nos. 92 through 94
a. At all times material to Racketeering Acts Nos. 92 through 94,
defendant JOHN CATANZARO was an auditor and steward for LIUNA
Local 210, Buffalo, New York, and a representative of employees of Gregory and
Cook, Inc., whose employees worked on the construction of pipelines in the State
of New York and who were employed in an industry affecting commerce. b. At all times material to Racketeering Acts Nos. 92 through 94,
defendant JOSEPH A. TODARO, JR., was a business agent of LIUNA
Local 210, Buffalo, New York, and was an officer and employee of a labor
organization which represented, sought to represent and would admit to
membership employees of Gregory and Cook, Inc., which was engaged in the
construction of pipelines in the State of New York and whose employees were
employed in and industry affecting commerce. c. At all times material to Racketeering Acts Nos. 92 through 94, Gregory and
Cook, Inc., whose principal offices were located Houston, Texas, was performing
work on the construction of a brineline pipeline (hereafter" the brineline
project") in the area of Buffalo, New York and was engaged in and its activities
affected interstate commerce. d. Beginning on or about August 25, 1986, and continuing thereafter up to and
including June 15, 1987, in Buffalo, New York and elsewhere, defendant
JOHN CATANZARO did unlawfully and willfully request, demand, receive,
accept and agree to receive and accept
the payment of money in amounts in excess of $1000.00 from Gregory and Cook,
Inc., and persons acting in its interest, in the form of wages and benefits for
services not performed on the brineline project for the approximate time periods
specified below corresponding to Racketeering Acts Nos. 92 through 94, which
money and benefits defendant JOHN CATANZARO was not entitle to
as legitimate compensation for, or by reason of, his services as an employee of
Gregory and Cook, Inc., including his services on behalf of other employees of
Gregory and Cook, Inc., all in violation of Title 29, United States Code,
Section 186 (b) (1) and (d): 92 93 94 e. Defendant JOSEPH A. TODARO, JR., did aid, abet, counsel,
command, induce and procure and did willfully cause defendant JOHN
CATANZARO to commit Racketeering Acts Nos. 92 through 94, all in
violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title
18, United States Code, Section 2. In 1989, in the case of United States v. John Richard
Catanzaro CR. No. 88-67C, in the United States District Court for the
Western District of New York (hereafter "the Cantanzaro
Indictment"), defendant JOHN RICHARD CATANZARO pled guilty
to Count Two of the indictment, which count is incorporated by reference and
realleged as Racketeering Act No. 93 of this complaint as if fully set forth
herein. Therefore, defendant JOHN RICHARD CATANZARO is estopped
from denying the essential allegations of Racketeering Act No. 93 pursuant to
general principles of collateral estoppel. Certified copies of the
Catanzaro Indictment and judgment of conviction are attached to this
complaint as Exhibits 25 and 26. 66. Racketeering Acts Nos. 95 through 96B
a. At all times material to Racketeering Acts Nos. 95 through 97B,
defendant JOSEPH P. ROSATO was a steward and executive board
member of LIUNA Local 210, Buffalo, New York, and was a representative of
employees of Firstrhyme Corporation ( hereafter "Firstrhyme") and
Balvac-Firstrhyme Corporation (hereafter "Balvac"), both of whose employees were
employed in an industry affecting commerce. b. At all times material to Racketeering Acts 95 through 97B, defendant
DANIEL G. SANSANESE, JR., was the secretary-treasurer and a
business agent of LIUNA Local 210, Buffalo, New York, and was an officer and
employee of a labor organization, which represented, sought to represent and
would admit to membership, employees of Firstrhyme and Balvac, both of whose
employees were employed in an industry affecting commerce. c. From on or about June 1, 1985, and continuing thereafter up to and
including on or about December 31, 1986, at Buffalo, New York, defendant
JOSEPH P. ROSATO did commit multiple
acts in which he did unlawfully and willfully request, demand, receive,
accept, and agree to receive and accept money and thing of value from Firstrhyme
and Balvac in the form of wages and benefits for services not performed on the
construction projects specified below corresponding to each racketeering act,
which money defendant JOSEPH P. ROSATO was not entitled to as
legitimate compensation for, or by reason of, his services on behalf of other
employees of Firstrhyme and Balvac, all in violation of Title 29, United States
Code, Section 186 (b) (1) and (d): d. Defendant DANIEL G. SANSANESE, JR., did aid, abet,
counsel, command, induce and procure, and did willfully cause defendant
JOSEPH P. ROSATO to commit Racketeering Acts Nos. 95, 96, 97A
and 97B, all in violation of Title 29, United States Code, Section 186 (b) (1)
and (d) and Title 18, United States Code, Section 2. In 1991, in the case of United States v. Joseph P. Rosato Cr.
No. 88-66E, in the United States District Court for the Western District of New
York (hereafter " the Rosato Information"), defendant JOSEPH P.
ROSATO pled guilty to a superseding information
charging him with having violated Title 29, United States Code, Section 186
(b) (1) and (d), as alleged in Racketeering Act No. 97B above. The Rosato
Information is incorporated by reference and realleged as Racketeering act No.
97B of this complaint as if fully set forth herein. Therefore, defendant
JOSEPH P. ROSATO is estopped from denying the essential
allegations underlying Racketeering Act No. 97B pursuant to general principles
of collateral estoppel. Certified copies of the indictment, the Rosato
Information and the relevant judgment of conviction are attached hereto as
Exhibits 27, 27S and 28.
68. Racketeering Acts Nos. 98 through 100
a. During the period from on or about January 1, 1983, to on or about August
18, 1987, defendant PETER A. VARIO, also known as "Butch," was
the business manager of LIUNA Local 46, a member local union of the LIUNA Mason
Tenders District Council of Greater New York and a labor organization within the
meaning of Title 29, United States Code, Sections 142 (3), 152 (5), and 402 (I)
and (j) which represented, sought to represent and would admit to membership the
employees of Sanita Construction Company (hereafter "Sanita") and Spartan
Concrete Corporation (hereafter "Spartan"), whose employees were employed in an
industry affecting commerce.
b. In 1988, in the case of United States v. Basil Robert Cervone, et
al., No. CR 87-0579 (S) (TCP), in the United States District Court for
the Eastern District of New York (hereafter "the Cervone Indictment"), defendant
PETER A. VARIO, also known as "Butch," was charged in Count
Ninety-Five with conspiring to participate in the conduct of the affairs of an
enterprise, that is, a combination of LIUNA Mason Tenders Local 13, Flushing,
Queens, New York and the LIUNA Mason Tenders District Council of Greater New
York Trust Funds, through a pattern of racketeering activity consisting, in
part, of multiple acts of receiving illegal payments from employers, in
violation of Title 29, United States Code, Section 186 (b) (1) and (d). c. Counts Fifty-Three, Sixty-One, and Sixty-Seven of the Cervone
Indictment, which are alleged as Racketeering Acts 46B, 52 and 57, respectively,
in Count Ninety-Five of the Cervone Indictment, charged that from on or
about November 13, 1984, to on or about January 27, 1986, in New York, New York,
defendant PETER A. VARIO, also known as "Butch," did commit
multiple acts in which he did unlawfully and willfully request, demand, receive,
accept, and agree to receive and accept payments of money from Sanita and
Spartan and persons acting in their interests, in violation of Title 29, United
States Code, Section 186 (b) (1) and (d) and Title 18, United States Code,
Section 2, which counts are incorporated by reference and realleged as
Racketeering Acts Nos. 98, 99, and 100, respectively, of this complaint as if
fully set forth herein. In 1988, in the case of United States v. Basil Robert Cervone, et
al., No. CR 87-0579 (TCP), in the United States District Court for the
Eastern District of New York, defendant PETER A. VARIO, also
know as "Butch," was convicted on Count Ninety-Five, the Rico conspiracy
offense, as well as Counts Fifty-Three, Sixty-One, and Sixty-Seven, which
included the activity charged in Racketeering Acts Nos. 98, 99, and 100 of this
complaint. Therefore, defendant PETER A. VARIO is estopped from
denying the essential allegations of Racketeering Acts Nos. 98, 99 and 100,
pursuant to Title 18, United States Code, Section 1964 (d) and general
principles of collateral estoppel. Certified copies of the Cervone indictment
and the relevant judgment of conviction are attached to this complaint as
Exhibits 29 and 30. From in or about September 1988 until in or about March 1989, in New York,
New York and elsewhere, defendants JAMES MESSERA, LOUIS
CASCIANO and others did wrongfully conspire to obstruct, delay and
affect commerce, as that term is defined by Title 18, United States Code,
Section 1951 (b) (3), and the movement of articles and commodities in commerce,
by extortion, as that term is defined by Title 18, United States Code, Section
1951 (b) (2), by agreeing together and with others to obtain property consisting
of potential profits from Ronald M. Fino and his business, Hazardous Waste
Management, Inc., (hereafter "HWM"), such property to be obtained from Ronald M.
Fino and HWM with the consent of Ronald M. Fino to be induce by the wrongful use
of actual and threatened
force, violence, and fear, including fear of physical and economic harm, in
violation of Title 18, United States Code, Section 1951 71. Racketeering Acts Nos. 102 and 103
a. At all times material to Racketeering Acts Nos. 102 and 103, the Mason
Tenders District Council of Greater New York (hereafter " the Mason Tenders
District Council"), affiliated with LIUNA, was a labor organization, which
consisted of and oversaw the affairs of twelve LIUNA local unions. b. At all times material to Racketeering Acts Nos. 102 and 103, the Mason
Tenders District Council Trust Funds comprised employee benefit funds for
members of the LIUNA Local Unions affiliated with the Mason Tenders District
Council, one of which was the Mason Tenders District Council Pension Fund which
was an "employee pension benefit fund" subject to the provisions of Title I of
the Employee Retirement Income Security Act of 1974, Title 29, United States
Code, Sections 1001 et. seq. On or about November 29 and 30, 1989, the defendant JAMES
MESSERA and another did embezzle, steal and unlawfully and willfully
abstract and convert to their own use and the use of others, the moneys, funds,
securities, premiums, credits, property and other assets of the Mason Tenders
District Council Pension Fund in that JAMES MESSERA and others
caused the Mason Tenders District Council Pension Fund to purchase six buildings
located in Brooklyn, New York located at: 1) 383 Park Place; 2) 393 Park Place;
3) 314 Clinton Avenue; 4) 176 Nivens St.; 5) 44 Gates Avenue; and 6) 723
Prospect Place at grossly inflated prices, in violation of Title 18, United
states Code, Sections 664 and 2. On or about February 6, 1990, the defendant JAMES MESSERA
and another did embezzle, steal and unlawfully and willfully abstract and
convert to their own use and to the use of others the moneys, funds, securities,
premiums, credits, property and other assets of the Mason Tenders District
Council Pension Fund in that JAMES MESSERA and others caused
the Mason Tenders District Council Pension Fund to purchase two buildings
located in Brooklyn, New York located at: 1) 280 New York Avenue and 2) 729
Washington Avenue at grossly inflated prices, in violation of Title 18, United
States Code, Sections 664 and 2. a. In 1991, in the case of United States v. James Messera, et al.,
No. 90 Cr. 483, in the United States District Court for the Southern
District of New York (hereafter "the Messera I Indictment"),
defendants JAMES MESSERA and LOUIS CASCIANO
pled guilty to conspiring to participate in the conduct of the affairs of an
enterprise, that is, a group of individuals associated in fact which operated in
New York, New York and other locations, through a pattern of racketeering
activity which included the conduct alleged in Racketeering Act No. 101. In
their guilty plea allocutions, defendant LOUIS CASCIANO
admitted that he personally participated in the acts constituting Racketeering
Act No. 101, and defendant JAMES MESSERA admitted personal
participation in other
racketeering acts alleged in the Messara I case. Therefore, defendants
JAMES MESSERA and LOUIS CASCIANO are estopped
from denying the essential allegations underlying Racketeering Act No. 101,
pursuant to Title 18, United States Code, Section 1964 (d) and general
principles of collateral estoppel. Certified copies of the Messera I
Indictment and the relevant judgments of conviction are attached to this
complaint as Exhibits 31 through 33. b. In 1993, in the case of United States v. James Messera, et al.,
No. SS 92 Cr. 749 , in the United States District Court for the
Southern District of New York (hereafter the "Messera II information"),
defendant JAMES MESSERA pled guilty to a superseding
information charging him with conspiring to conduct the affairs of an enterprise
which was composed of the Mason Tenders District Council Trust Funds, through a
pattern of racketeering activity. In his guilty plea allocution, defendant
JAMES MESSERA admitted personal participation in the conduct
alleged herein as Racketeering Acts Nos. 102 and 103. Therefore, defendant
JAMES MESSERA is estopped from denying the essential
allegations underlying Racketeering Acts Nos. 102 and 103, pursuant to Title 18,
United States Code, Section 1964 (d) and general principles of collateral
estoppel. A copy of the relevant indictment, the Messera II Information
and judgment of conviction are attached to this complaint as Exhibit 34, 34S and
35.
At all times material to Racketeering Acts No. 104 through 109: a. LIUNA Local 310, located at Cleveland, Ohio (hereafter Local 310"), was a
labor organization engaged in an industry affecting commerce within the meaning
of Title 29, United States Code, Sections 142(3), 152(5), 402(i) and (j), and
was a labor organization which represented, sought to represent and would admit
to membership, employees of Biondolillo Construction Company, Cuyahoga Wrecking
Company, d/b/a Cuyahoga Environmental, and Sunnywood Construction Company, each
of whose employees were employed in an industry affecting interstate
commerce. b. LIUNA Local 860, located at Cleveland, Ohio (hereafter "Local 860"), was a
labor organization engaged in an industry affecting commerce within the meaning
of Title 29, United States Code, Sections 142(3), 152(5), 402(i) and (j), which
represented, sought to represent and would admit to membership employees of
Biondolillo Construction Company, whose employees were employed in an industry
affecting commerce. c. Defendant ANTHONY D. LIBERATORE was the business manager
of Local 860 during all of 1978 and 1979. d. Defendant CHESTER J. LIBERATORE was the business manager
of Local 310 during the period from in or about July 1984 to in or about January
1989. e. In 1992, in the case of United States v. Anthony D. Liberatore. et
al, No. 1:92CR0184 , in the United States District Court for the
Northern District of Ohio (hereafter "the Liberatore
Indictment"), defendants ANTHONY D. LIBERATORE and
CHESTER J. LIBERATORE were charged with participating in the
conduct of the affairs of an enterprise, that is, a combination the LCN and
LIUNA, through a pattern of racketeering activity including multiple acts of
affecting commerce by extortion and conspiring to do so, in violation of Title
18, United States Code, Section 1951, and receiving illegal payments, in
violation of Title 29, United States Code, Section 186(b)(1) and (d), and other
offenses. 74. Racketeering Acts No. 104 and 105:
Continuously from in or about July 1984 up to and including in or about
January 1989, in Cleveland, Ohio and elsewhere, defendant CHESTER J.
LIBERATORE did wrongfully obstruct, delay, and affect commerce, as that
term is defined in Title 18, United States Code, Section 1951(b)(3), and the
movement of articles and commodities in commerce, by extortion, as that term is
defined by Title 18, United States Code, Section 1951(b)(2), and did attempt and
conspire with others to do so, in that defendant CHESTER J.
LIBERATORE did obtain, and attempt and conspire with others to obtain,
the property of Robert J. Biondolillo and his business, Biondolillo Construction
Company, with Robert J. Biondolillo's consent having been induced by the
wrongful use of actual and threatened force, violence, and fear, including the
fear of physical and economic harm, that is, the defendant CHESTER J.
LIBERATORE threatened to withhold performance bonds to which defendant
CHESTER J. LIBERATORE had no lawful right, claim, or ownership,
and which the Biondolillo Construction Company required 148 in order to engage in its lawful business pursuits, as charged in
Racketeering Acts 2A and 2B of Count One of the Liberatore Indictment,
which racketeering acts are incorporated by reference and realleged,
respectively, as Racketeering Acts Nos. 104 and 105 of this complaint as if
fully set forth herein. 75. Racketeering Acts Nos. 106 through 109
From in or about October 1978 to in or about December 1988, in Cleveland,
Ohio and elsewhere, defendants ANTHONY D. LIBERATORE and
CHESTER J. LIBERATORE did commit multiple acts in which they
did unlawfully and wilfully request, demand, receive, accept and agree to
receive and accept payments of money and other things of value from employers
whose employees were employed in an industry affecting commerce and whom LIUNA
Locals 310 or 860 represented, sought to represent and would admit to
membership, and persons acting in such employers' interests, in violation of
Title 29, United States Code, Section 186(b)(1) and (d) and Title 18, United
States Code, Section 2, as alleged in Racketeering Acts 2C, 3, 4, and 5 of the
Liberatore Indictment, which racketeering acts are incorporated by
reference and realleged, respectively, as Racketeering Acts Nos. 106 through 109
of this complaint as if fully set forth herein. a. In 1993, in the case of United States v. Anthony D. Liberatore. et
al., No. 1:92CR0184, in the United States District Court for the
Northern District of Ohio, defendant ANTHONY D. LIBERATORE was
convicted of having participated in the conduct of
the affairs of an enterprise, consisting of the LCN and LIUNA, through a
pattern of racketeering activity consisting of multiple violations of Title 29,
United States Code, Section 186(b), as alleged in Racketeering Acts 2C, 3 and 5,
of the Liberatore Indictment and which are realleged as Racketeering Acts
Nos. 106, 107 and 109, respectively, of this complaint as if fully set forth
herein. On March 21, 1994 ANTHONY D. LIBERATORE was sentenced
to serve 120 months in prison. Therefore, defendant ANTHONY D.
LIBERATORE is estopped from denying the essential allegations
underlying Racketeering Acts Nos. 106, 107 and 109, pursuant to Title 18, United
States Code, Section 1964(d) and general principles of collateral estoppel.
Certified copies of the relevant indictment and jury verdict form are attached
to this complaint as Exhibits 36 and 38. b. In 1993, in the case of United States v. Anthony D. Liberatore. et
al, No. 1:92CR0184, in the United States District Court for the
Northern District of Ohio, defendant CHESTER J. LIBERATORE pled
guilty to Counts 5 and 6 of the Liberatore Indictment which constituted
Racketeering Acts 2C and 5 of Count One of the Liberatore Indictment and
which constitute Racketeering Acts Nos. 106 and 109 of this complaint.
Therefore, defendant CHESTER J. LIBERATORE is estopped from
denying the essential allegations underlying Racketeering Acts Nos. 106 and 109
pursuant to general principles of collateral estoppel. A certified copy of the
relevant judgment of conviction is attached to this complaint as Exhibit 37.
77. Racketeering Act No. 110
consists of the following
offenses, sub-predicates A through L, any one of which sub-predicate acts,
standing alone, is sufficient to constitute Racketeering Act 110. 78. Sub-Predicate Racketeering Act No. 110A
a. Paragraphs 10 c., 12 d., g., h., i, j., k., 13 t., u., v., 14 a. and g.
and 15 c. and e. of this complaint are incorporated by reference in this
racketeering act and in Racketeering Acts 110B through 110L and realleged as if
fully set forth herein. b. From in or about 1986 to on or about July 31, 1994, defendants
ARTHUR ARMAND COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A.
TODARO, JR., and DANIEL G. SANSANESE, JR., co-conspirators Arthur
E. Cola and Angelo Fosco, and others whose names are both known and
unknown did wrongfully attempt to obstruct, delay and affect commerce, as that
term is defined in Title 18, United States Code, Section 1951(b)(3), by
extortion, as that term is defined in Title 18, United States Code, Section
1951(b)(2), and did conspire to do so, all in violation of Title 18, United
States Code, Sections 1951 and 2. c. The aforementioned defendants and co-conspirators have attempted and
conspired to obtain property from the membership of LIUNA Locals 186
(Plattsburgh, N.Y.), 214 (Oswego, N.Y.), 322 (Massena, N.Y.) and 435 (Rochester,
N.Y.) (hereafter "the upstate locals") by attempting to induce the upstate
locals to surrender
control of Laborers' Union Local 186 Educational and Training Fund, the
Laborers' Local Union No. 214 of Oswego, New York and Vicinity Training and
Education Fund, the Laborers' Local 322 Training and Education Fund, the
Rochester Laborers' Apprentice and Training Fund, which is affiliated with LIUNA
Local 435, (hereafter "the local funds") and the Upstate New York Laborers'
Education and Training Fund, which is sponsored by the local funds (hereafter,
the ''Upstate Fund"), each of which was established through collective
bargaining with employers and pursuant to Title 29, United States Code, Section
186(c)(6), to individuals who were members and associates of the Buffalo LCN
family. The said property includes, but is not limited to, the following: 1) the
moneys and assets of the local funds and the Upstate Fund; 2) the right of the
members of the upstate locals to loyal and faithful representation by union
officers, agents, shop stewards and other representatives as guaranteed by Title
29, United States Code, Section 501(a); and 3) the right of the members of the
upstate locals as participants in employee benefit plane in which money was paid
by employers of members of the upstate locale to trust funds established and
maintained by the upstate locals for the purpose of defraying the costs of
training programs pursuant to Title 29, United States Code, Section 186 (c)6),
to have the said employee benefit plane administered for the sole and exclusive
benefit of the participant. by the fiduciaries of such employee benefit plane,
as guaranteed by the Employee Retirement Income Security Act of
1974, as amended, Title 29, United States Code, Sections 1101 through
1114. d. The aforementioned defendants and co-conspirators employed the wrongful
use of actual and threatened force, violence, and fear including fear of
economic harm, by various means, including, but not limited to, the allegations
set forth in Paragraph 19 above, which is herein incorporated by reference and
realleged as if fully set forth herein, to induce the members of the upstate
locals to consent to the surrender of the property described above. 79. Sub-predicate Racketeering Acts 110B-110L
a. The following paragraph b. is realleged as a part of each of sub-predicate
Racketeering Acts Nos. 1108 through 110L. b. From in or about 1986 to on or about July 31, 1994, in Rochester, New York
and elsewhere, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO, JOSEPH A.
TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE,
JR., and co-conspirators Arthur E. Coia and Angelo Fosco
and others whose names are both known and unknown devised and intended to
devise a scheme and artifice to defraud and to obtain money and property under
false and fraudulent pretenses, representations and promises, that is, to
defraud the members of the upstate locals of the property described in Paragraph
78 c. above, well knowing at the time that the pretenses, representations and
promises would be and were false when made. For the purpose of executing said
scheme, the defendants and the co-conspirators would do the following:
(1) the defendants would attempt to establish regional training centers
located in Buffalo, New York and Albany, New York which would be financed by
contributions from employers of members of various LIUNA local unions located in
upstate New York pursuant to the provisions of Title 29, United States Code,
Section 186(c)(6) and which would, in part, replace a training center located in
Oswego, New York which had been established by the local funds and the Upstate
Fund and which had been financed by contributions from employers of members of
the upstate locals pursuant to the provisions of Title 29, United States Code,
Section 186(c)(6); (2) the operations of the regional training centers located in Buffalo, New
York and Albany, New York would be controlled by LIUNA officials who were
members and associates of, or controlled by, the Buffalo LCN family; (3) the defendants and their co-conspirators would attempt to establish the
regional training centers located in Buffalo, New York and Albany, New York to
reward contractors and service providers favored by the Buffalo LCN family, to
provide employment to members and associates of the Buffalo LCN family without
regard to the professional qualifications of these individual and to pay for
unnecessary or extravagant travel and entertainment expenses to the defendant
LIUNA officials and others;
(4) the defendants and their co-conspirators and others who held positions as
officials and employees in LIUNA would attempt to unlawfully use procedures
established by the various LIUNA constitutions, including the imposition of
trusteeships, the revocation of local union charters and the creation of
district councils, to coerce and induce the upstate locals to surrender control
of local union training trust funds to members and associates of the Buffalo LCN
family; (5) the defendants and their co-conspirators would attempt to deprive the
members of the upstate locals of the control, through their elected local union
representatives, of trust funds established for the sole and exclusive benefit
of LIUNA members for training programs pursuant to the provisions of Title 29,
United States Code, Sections 186(c)(6) and 1101 through 1114; (6) the defendants and their co-conspirators would and did misrepresent,
conceal and hide and cause to be misrepresented, concealed and hidden, the
purpose of and acts done in furtherance of the scheme to defraud. c. Sub-Predicate Racketeering Act 110B:
On or about December 11, 1989, for the purpose of executing and attempting to
execute the aforesaid scheme and artifice to defraud and to obtain money and
property by means of false and fraudulent pretenses, and representations and
promises, and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J.
CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A.
TODARO, JR.
i. Sub-Predicate Racketeering Act 110E: On or about April 21, 1992, for the purpose of executing and attempting to
execute the aforesaid scheme and artifice to defraud and to obtain money and
property by means of false and fraudulent pretenses, representations and
promises and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J.
CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and
DANIEL G. SANSANESE, JR., and co-conspirators Arthur E.
Coia and Angelo Fosco did knowingly cause to be placed in an
authorized depository for mail matter, to be sent and delivered by the United
States Postal Service according to the direction thereon, envelopes addressed to
approximately 20 LIUNA Local Unions located in upstate New York each containing
a letter notifying the business managers of those local unions to attend a
meeting in Albany, New York on June 8, 1992, for the purpose of forming an
Upstate New York Laborers' District Council.
In violation of Title 18, United States Code, Sections 1341, 1346 and 2. j. Sub-Predicate Racketeering Act 1101:
On or about May 7, 1993, for the purpose of executing and attempting to
execute the aforesaid scheme to defraud and to obtain money and property by
means of false and fraudulent pretenses, representations and promises, and
attempting to do so, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO,
JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE,
JR., did knowingly cause to be placed in an authorized depository for
mail matter, to be sent and delivered by the United States Postal Service
according to the direction thereon, envelopes addressed to:
Provisional District Council and certain of its member local unions and
requesting extensive documentation and information concerning the finances and
operation of the local unions as well as a copy of General President
ARTHUR A. COIA's letter appointing Anthony M. Traini to this
position. In violation of Title 18, United States Code, Sections 1341, 1346 and
2. k. Sub-Predicate Racketeering Act 110J:
On or about February 17, 1994, for the purpose of executing and attempting to
execute the aforesaid scheme and artifice to defraud and to obtain money and
property by means of false and fraudulent pretenses, representations and
promises, and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J.
CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and
DANIEL G. SANSANESE, JR., did knowingly cause to be placed in an
authorized depository for mail matter, to be sent and delivered by the United
States Postal Service according to the direction thereon, envelopes addressed
to:
LIUNA General President ARTHUR A. COIA notifying Robert
Brown that the International Union was in receipt of reports that Local 435
conducted contract negotiations in blatant disregard of the District Council's
authority over collective bargaining, and that if these reports are true it is
the intention to cause an Order to Show Cause to be issued why a supervision and
trusteeship over Local 435 should not be imposed or its charter revoked, or why
discipline should not be imposed against Brown. In violation of Title 18, United States Code, Sections 1341, 1346 and 2. 1.Sub-Predicate Racketeering Act 110K:
On or about February 24, 1994, for the purpose of executing and attempting to
execute the aforesaid scheme and artifice to defraud and to obtain money and
property by means of false and fraudulent pretenses, representations and
promises, and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J.
CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE,
JR., did knowingly cause to be placed in an authorized depository for
mail matter, to be sent and delivered by the United States Postal Service
according to the direction thereon, envelopes addressed to:
each of which contained a copy of a letter to the Brothers and Sisters of
LIUNA Local Union 435, Rochester, New York, from LIUNA General
Secretary-Treasurer James J. Norwood notifying the officers and members of Local
435 that for the reasons set forth in an attached memorandum from General
President ARTHUR A. COIA dated February 24, 1994, an Order to
Show Cause hearing would be conducted on March 10, 1994, at the Marriott Hotel
in Albany, New York and ordering Local Union 435 and Robert Brown to defend
against the charge that they violated specified provisions of the Uniform
District Council Constitution. m. Sub-Predicate Racketeering Act 110L:
On or about March 1, 1994, for the purpose of executing the aforesaid scheme
and artifice to defraud and to obtain money and property by means of false and
fraudulent pretenses, representations and promises, and attempting to do so,
defendants Arthur A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR.,
JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE JR.,
did knowingly cause to be transmitted in interstate commerce by means of a wire
communication certain signals and sounds, that is, a telephone conversation
between Washington, D.C. and Rochester, New York in which an official of LIUNA
falsely told Robert Brown that, at Brown's request due to the unavailability of
Browns attorney, the formal hearing to show cause why LIUNA Local 435 should not
be placed in trusteeship would be continued to a later date.
In violation of Title 38, United States Code, Sections 1343, 1346 and 2. 80. Set forth below is a chart indicating those Racketeering Acts in which
each defendant, who is named in this Complaint in his individual capacity,
personally participated: 81. Ethical Obligations of LIUNA
Officials:
The LIUNA defendants, including the members of the Board, are obliged by the
Constitution, the Ethical Standards of the AFL-CIO, and various provisions of
law to faithfully carry out their duties for the sole benefit of the union
membership, to ensure the union membership its rights to fully participate in
the union election process, to express their views about union affairs, and to
take appropriate measures to eliminate corruption in the union's affairs,
including to eliminate anyone who is a "crook [or] racketeer" from positions of
union leadership. The LIUNA defendants were on notice of numerous convictions of
various LIUNA officials and employees and their organized crime cohorts for the
pattern of racketeering activity set forth in paragraphs 28 through 75 above as
well as numerous other convictions of LIUNA officials. In addition, the LIUNA
defendants were on notice of pervasive corruption within LIUNA and the influence
of the LCN in the affairs of LIUNA from news media accounts and well publicized
official government reports of such corruption. Nevertheless, the LIUNA
officials have failed to take adequate measures to investigate and discipline
corrupt union officials and to eliminate and address such corruption and
organized crime influence, and thereby violated their known ethical obligations.
Set forth below is a description of the ethical obligations imposed upon all
LIUNA officials: a. Ethical Obligations Imposed by LIUNA
Constitutions:
(1) Pursuant to Article IX, Section 6 of the LIUNA Constitution, defendant
ARTHUR A. COIA and co-conspirator
Angelo Fosco (2) Pursuant to Article IX, Section 7 of the LIUNA Constitution, defendant
ARTHUR A. COIA and co-conspirator Angelo Fosco, as
General Presidents of LIUNA, were and are under a duty to root out and take
corrective action to correct corruption and financial malpractice and to ensure
that democratic procedures are followed in District Councils and Local
Unions; (3) Pursuant to Article II, Section 2(j) of the LIUNA Constitution, Article
III, Section 1 of the Uniform District Council Constitution as prescribed by the
Constitution (hereafter "the District Council Constitution"), and Article II,
Section l (b) of the Uniform Local Union Constitution as prescribed by the
Constitution (hereafter "the Local Constitution"), all of the LIUNA officer
defendant. were and are under a duty to conduct their offices in such a manner
to promote a better understanding by the government and the general public of
the aims of LIUNA and the labor movement as a whole; (4) Pursuant to Article II Section l (q) of the Constitution, Article III of
the District Council Constitution, and Article II, Section l (b) of the Local
Constitution, all of the LIUNA officer defendants were and are under a duty
to conduct the affairs of their offices in such a manner as will protect,
conserve, and promote the welfare of LIUNA, its affiliates, and its members;
and (5) Pursuant to Article II, Section l (c) of the Local Constitution, all of
the LIUNA officer defendants were and are under a duty to conduct the affairs of
the local unions and to ensure that the affairs of the local unions were
conducted in such a manner which would most tend to enhance, conserve, and
protect the welfare and interests of the International Union, its affiliates and
members. In 1956, LIUNA specifically adopted the ethical standards of the AFL-CIO
which are set forth in Article XII of the Constitution of the AFL-CIO (hereafter
"the Ethical Standard), which require all LIUNA officers to keep LIUNA free from
any taint of corruption by imposing the following duties, among others, upon
union officials, as follows: (1) Code III of the Ethical Standards requires LIUNA to bar any person known
to be a crook or racketeer from holding any office in LIUNA; (2) Code V of the Ethical Standards prohibits the use of any union funds as
loans or investments for the personal profit or investment of any LIUNA
official; and
(3) Code II of the Ethical Standards prohibits the LIUNA officer defendants
from any personal ties with any outside agency doing business with an employee
benefit plan. c. Ethical Obligation. Imposed by Law: All of the LIUNA officer defendants occupied and occupy positions of trust
with respect to LIUNA and its affiliated entities of which they were and are
officials, in accordance with Title 29, United States Code, Section 501(a).
These obligations are as follows: (1) All of the LIUNA officer defendants were and are under a duty to hold the
money and property of LIUNA and all of its affiliated organizations solely for
the benefit of LIUNA and its members and to manage, invest, and expend the same
in accordance with its constitution and local bylaws and any resolutions
promulgated thereunder, pursuant to Title 29, United States Code, Section
501(a); and (2) All of the LIUNA officer defendants were and are under a duty to
refrain from dealing with LIUNA and its affiliated entities of which they were
officials as an adverse party in any matter connected with his duties and from
holding or acquiring any pecuniary or personal interest which conflicts with the
interests of LIUNA and its affiliated entities of which they were officials,
pursuant to Title 29, United States Code, Section 501(a). 82. Widespread Publicity of Corruption Within
LIUNA: Numerous public reports issued by federal and state
governmental bodies as
well as articles appearing in newspapers and periodicals have reported on the
widespread corruption within LIUNA and the infiltration and domination of LIUNA
by organized crime and gave notice to the Board and other responsible officials
in LIUNA of such corruption and organized crime influence. Faced with this
widespread publicity, the General Executive Board has failed to take adequate
action to correct this corruption. Three widely reported studies of corruption
within LIUNA and the material they reported are as follows: a. The Report of the President's Commission on
Organized Crime: In April and October 1985 and March and April 1986, the President's
Commission on Organized Crime (hereafter referred to as "the President's
Commission" or "The PCOC") issued reports in which it concluded that LIUNA and
its subordinate bodies had been improperly influenced and controlled by
Organized Crime. See: 1) President's Commission on Organized Crime, Record of
Hearings VI, April 22-24, 1985, Chicago, Illinois, ORGANIZED CRIME and Labor
- Management Racketeering in the United States, (April 1985) (hereafter
referred to as "the record of hearings"); 2) Presidents Commission on Organized
Crime, Report to the President and the Attorney General. THE EDGE: Organized
Crime. Business and Labor Unions. Appendix, (October 1985) (hereafter
referred to as " THE EDGE. Appendix"); 3) President's Cohesion on
Organized Crime, Report to the President and the Attorney General. THE EDGE:
Organized Crime. Business and Labor Unions, (March 1986)
(hereafter referred to as "THE EDGE"); and 4) President's Commission on
Organized Crime, Report to the President and the Attorney General, THE
IMPACT, Organized Crime Today (hereafter referred to as "THE IMPACT"). The
President's Commission publicly reported that LIUNA is "a union with clear ties
to organized crime." THE EDGE, Section Six: THE LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA (LIUNA) at page 162. Among other things, the various PCOC
documents reflect the following: (1) In the March 1986 report entitled "THE EDGE: Organized Crime. Business
and Labor Unions " at pages 145 through 163, the President's Commission set
forth specific findings regarding organized crime figures' improper influence
and control over the affairs of LIUNA and its subordinate bodies, including the
following: (a) "Based on reports of federal law enforcement and its own investigation,
the Commission has found that organized crime has a documented relationship with
at least 26 LIUNA Locals, 3 District Councils, as well as the International
Union. (Id. at 146); (b) "On the international level organized crime exerts its influence
principally through top officers who are associates of organized crime. This
judgment is supported by surveillances of LIUNA General President Angelo
Fosco meeting with members of the Chicago La Cosa Nostra
group known to its members as
the "Outfit." For example, Fosco was observed meeting with Paul DeLucia,
former leader of the Chicago La Cosa Nostra; and Dominic Blasi,
member of the Chicago LCN (footnote omitted)." (Id. at 146-147); (c) "Fosco has named as special international representatives convicted
Chicago LCN territorial boss Al Pilotto and indicted Laborer's official and St.
Louis LCN boss Matthew Trupiano (footnote omitted)." (Id. at 147); (d) ''One of LIUNA's vice presidents is John Serpico. Serpico is also
president of LIUNA Local 8 in Chicago. In testimony before the Commission in
1985, Serpico admitted that he is a friend or personal acquaintance of virtually
every important organized crime leader in Chicago. These include Tony Accardo,
the 'boss of the bosses' in the Chicago La Cosa Nostra, and Joseph Aiuppa
and Jackie Cerone, the LCN's principal underbosses to Accardo. Serpico also
knows several LCN territorial bosses who report to Aiuppa and Cerone, including
Vincent Solano, president of LIUNA Local 1, Al Pilotto, formerly president of
LIUNA Local 5, and Joseph Ferriola, who Serpico stated was a 'close personal
friend' (footnotes omitted). " (Id. at 147); (e) "As president of Local 8, Serpico has employed LCN members to serve as
the local's officers and agents. Business agent Fiore Buccieri is the son of
deceased LCN territorial boss 'FiFi' Buccieri. Business agent Steve Torello
is the son of the deceased LCN territorial boss 'Turk' Torello." (Id. at
147-148); (f) "For approximately seven years Chicago LCN member John Fecarotta was
listed as a Local 8 'business agent' and "organizer.' Fecarotta, himself a boss
in the Chicago LCN, reports to LCN territorial boss Angelo LaPietra. In his
testimony to the Commission Serpico could not relate a single specific
contribution that Fecarotta made to Local 8 .... Fecarotta was apparently a
'ghost' employee who received an unearned salary and apparently used his union
position as a legitimate cover (footnotes omitted), " (Id. at 148); (g) "As Serpico's Local 8 illustrates, organized crime's influence over LIUNA
is most extensive at the local level. This control is particularly concentrated
in large cities, such as Chicago, Cleveland, St. Louis, and New York, as well an
smaller cities such as in New Jersey. " (Id. at 149); (h) The best documented examples are influenced locals in the Chicago region.
Again, the degree of the control is relative to the number of union offices held
by LCN members or their relatives.. (Id. at 149); and (i) The Presidents Commission further reported that: ." . . LIUNA Local 1 in
Chicago provides a safe haven for known members and leaders of the Chicago
La
Cosa Nostra. The president of Local 1 is Vincent Solano, a territorial
boss of the LCN Outfit on the north side of Chicago. Ken Eto, an LCN associate,
. . . described Solano's operation . . . in testimony before the commission. . .
. Solano controlled all forms of illegal gambling. . . in his area. . . . Solano
used the Local's headquarters as a contact point for his criminal organization.
. . . Solano confirmed meetings at prearranged locations near the union hall and
met with members of his crew to receive payoffs, give directions, and, in the
words of Eto receive 'respect' from those who worked for him. . . . Solano
apparently suspected that Eto might be a government informant, and he ordered
him killed. On February 10, 1983, John Gattuso and Jasper Campise, members of
Solano's group, shot Eto three times in the back of the head. Miraculously Eto
lived and became a government informant. (Later), the mutilated and strangled
bodies of Campise and Gattuso were discovered in the trunk of a car. . . .
Solano remains president of Local 1. (Id. at 149-151) In June 1987, the State of New York Organized Crime Task Force submitted a
report to the Governor of the State of New York detailing corruption in the
construction industry in New York City. The report was entitled Corruption
and Racketeering in the New York City Construction Industry (hereafter
referred to as "the interim report"). One of the segments of the interim report
(Id. at 69-74), examined the influence which the LCN has over
construction unions. In that regard, the interim report concluded as
follows: (1) "Cosa Nostra's primary base of power in the construction industry is in
the construction unions. Paul Castellano, boss of the Gambino Crime Family until
his murder in 1985, put it bluntly: 'Our job is to run the unions.' . . . Many
district councils have been infiltrated or taken over by Cosa Nostra. Control
over the district councils is particularly significant, because it affords Cosa
Nostra power to manipulate and ultimately to dominate the locals under the
district council's jurisdiction." (Id. at 69); (2) As examples of LCN dominance over construction unions, the report noted,
among other instances, the following (Id. at 70-73):
(c) "Laborers Local 18A of the Cement and Concrete Workers
union, another District Council member, is controlled by Vincent DiNapoli, a
Genovese Family capo. DiNapoli exercises his control through the local's
secretary/treasurer, Eugene McCarthy. DiNapoli, who was convicted in 1980 for
labor racketeering in the drywall industry, was recently indicted, along with
fourteen other members and associates of Cosa Nostra, on various charges of
construction related racketeering." Family. Peter Vario is the nephew
of Lucchese Family capo Paul Vario."
The August 1980 issue of Mother Jones, a periodical published in San
Francisco, California, contained an article on page 34, entitled Six Ways to
Take over a Union (hereafter referred to as "the Mother Jones
article"). The Mother Jones article reported numerous allegations of
control and corrupt influence over LIUNA and its leadership including the
following: (1) That JOHN RIGGI dominated LIUNA Local 394 through the
power of Simone "Sam the Plumber" DeCavalcante and that RIGGI operated the
affairs for the benefit of the DeCavalcante LCN family. Further, the Mother
Jones article reported that RIGGI cemented his power through the use of the
hiring hall operated by Local 394 and denied work to those who resisted him;
(Id. at 36-37) , (2) That Angelo Fosco and many of the LIUNA Local Unions in Chicago,
Illinois, were dominated by the Chicago LCN family; and (Id. at 37-38) (3) That the locals that make up the Mason Tenders District Council in New
York City are dominated by the Genovese, Gambino, and Lucchese LCN families who
received payoffs from contractors in exchange for labor peace and the use of
non-union labor. (Id. at 39) d. LIUNA issued a response to the Mother Jones
article in which the union questioned the motivations and impartiality of
the authors who wrote the article. There is no record in the Department of Labor
(DOL), however, that LIUNA took any action
with respect to the Mother Jones article other than
issuing the rebuttal. There is no indication in DOL files that LIUNA has ever
imposed a trusteeship on Local 394, even after JOHN RIGGI was
convicted of receiving payoffs from employers in exchange for labor peace and
the use of non-union labor and incarcerated. Nor is there any indication in DOL
files that any LIUNA organization among the locals referred to in either the
article or the report of the President 's Commission were ever placed under
trusteeship. With respect to the Mason Tenders District Council, there is no
indication that any part of that organization has ever been placed under
trusteeship except for the sham trusteeships imposed on Locals 13, 66 and 46
mentioned in paragraphs l9.d.(4)(b) (c) and (d), respectively above. 83. Specific Instances of Failure to Take Adequate
Action to Eliminate Corruption: The following are specific examples, among others, in addition to the
activity alleged in paragraphs 19 through 79 above, of the LIUNA defendants'
failure to take adequate action to eliminate substantial corruption within the
enterprise: a. In 1990, defendant JOHN RIGGI, the acting boss of the
DeCavalcante LCN family, was convicted of federal offenses as alleged in
Racketeering Acts Nos. 54 through 61 above. Following his entry into prison on
this conviction, he continued to exercise influence in the affairs of LIUNA
local unions in Northern New Jersey.
b. In 1980, defendant ANTHONY D. LIBERATORE was convicted on
bribery charges and later convicted in 1982 for conducting the affairs of the
Cleveland family through a pattern of racketeering activity including murder, as
set forth in paragraph l9.c.(1) above. After entering custody in 1982, and for
at least an eight year period thereafter, defendant ANTHONY D.
LIBERATORE continued to exercise influence in the affairs of LIUNA
Locals 310 and 860, both in Cleveland, Ohio, despite being incarcerated. c. After Ronald P. Scaccia was incarcerated in 1981 because of his conviction
alleged in paragraph l9.c.(9) above, a number of the members of LIUNA Local 214
located in Oswego, New York, using the internal remedies of LIUNA, complained
that they had been discriminated against in the assignment of work as a result
of their having opposed Scaccia's handpicked successors in the Local 214
elections held in 1978. The General Executive Board of LIUNA summarily dismissed
the complaint of these members. Following the rejection of these claims, these
dissident members filed suit against Ronald P. Scaccia and the members of the
executive board of Local 214. In 1988, that law suit was settled and $1.2
million was paid to the plaintiffs. At this time, the leadership of Local 214
does not appear to be controlled by the LCN. In 1992, Local 214 was placed in
the Provisional Upstate New York District Council but has been among those
locals resisting the leadership of Buffalo LCN family associates Peter Gerace
and Sam Fresina. In June
1993, Local 214, along with the other locals resisting the leadership of
Gerace and Fresina, were notified that the General President of LIUNA, defendant
ARTHUR A. COIA, had authorized a preliminary investigation to
determine whether the local union should be placed in trusteeship. d. In July 1989, co-conspirator Gaspar Lupo died. He was replaced as
president of the New York Mason Tenders District Council by his son, Frank Lupo,
an associate of the Genovese LCN family who was controlled by the defendant
JAMES MESSERA. On January 7, 1993, in the case of United
States v. Ron Miceli. et al , No. 92 CR. 749-2(JES), in the United
States District Court for the Southern District of New York, Frank Lupo, the
president and former business manager of the Mason Tenders District Council and
a Trustee of the Mason Tenders District Council Trust Funds, pled guilty to
conducting the affairs of an enterprise, the Mason Tenders District Council
Trust Funds, through a pattern of racketeering activity involving a
multi-million dollar embezzlement of the assets of the Mason Tenders District
Council Trust Funds, in violation of Title 18, United States Code, Sections
1962(d) and 664. On July 16, 1993, Frank Lupo was sentenced to serve forty-one
months in prison. (See attached Exhibit 69) Frank Lupo was replaced by his
younger brother, James Lupo, as president of the Mason Tenders District
Council. e. In 1984, in the case of United States v. Stephen McNair. et al.
, No. Cr. 84-00205(LBS), in the United States District Court for the
Southern District of New York, business manager
of LIUNA Local 95, New York City, Stephen McNair, was convicted of attempted
extortion, in violation of Title 18, United States Code, Section 1951. On August
2, 1984, McNair was sentenced to serve five years in prison and fined $10,000.
(See attached Exhibit 70) Convicted with McNair were John Roshetski,
secretary-treasurer of Local 95 and Joseph Sherman, president of Local 95. On
March 12, 1985, Roshetski was sentenced to serve two and one-half years in
prison and fined $1,000. (See attached Exhibit 81) On August 2, 1984, Sherman
was sentenced to serve seven years in prison. (See attached Exhibit 89) In 1986,
in the case of United States v. Joseph Sherman, No. 86-Cr.-950,
in the United States District Court for the Southern District of New York,
Sherman pled guilty to distribution of narcotics within 1000 feet of a school
and assault on a special agent of the Drug Enforcement Administration, in
violation of Title 21, United States Code, Sections 812, 841 and 845 and Title
18, United States Code, Section 111. On January 16, 1987, Sherman was sentenced
to serve three years in prison. (See attached Exhibit 90) DOL files do not
reflect that LIUNA ever imposed a trusteeship on Local 95 following the
conviction of all three of the principal officers of the local. As reflected in
paragraph 82. b. (2)(g) above, the New York State Organized Crime Task Force
reported that Local 95 is controlled by Vincent "Chin. Gigante, boss of the
Genovese LCN family. f. In 1987, in the case of United States v. George Daly. et al
No. CR-86-452(S), (E.D.N.Y. 1987 ), aff'd, 842 F. 2d
1380 (2d Cir.), cert. denied. 488 U.S. 821 (1988), Louis M. Giardina,
president and business manager of LIUNA Local 23 and a "made" member of the
Gambino LCN family, was convicted of RICO conspiracy, obstruction of justice,
and receiving illegal payments from employers, in violation of Title 18, United
States Code, Sections 1962(d) and 1510 and Title 29, United States Code,
Sections 186(b)(2) and (d). On May 18, 1987, Giardina was sentenced to serve
five years in prison and fined $40,000. (See attached Exhibit 99) Following
Giardina's conviction and resignation from office, he was replaced by his
relatives, as alleged in paragraph l9.a.(2)(d) above, and the local remained
under the control of the Gambino LCN family. DOL files do not reflect that LIUNA
imposed a trusteeship or took any other corrective action following the
conviction of this long-time principal leader of Local 23 for crimes related to
his LIUNA position. g. Michael Mandaglio, a capo in the Gambino LCN family, was the business
manager of Local 342, Newark, New Jersey, until his death in December 1990.
Mandaglio was replaced as business manager of Local 342 by Anthony Proto, Sr.,
himself a made member of the Gambino family. In 1993, in the case of
State of New Jersey v. Robert Bisaccia. et al, No. 89-0000014,
in the Essex County Superior Court of the State of New Jersey, Anthony Proto,
Sr., was convicted of labor extortion while serving as business manager of LIUNA
Local 342, in violation of the laws of the State of New Jersey. Proto's co-
defendant in this case was Gambino family capo, Robert Bisaccia, also known
as "Bobby Cabert." On June 18, 1993, Proto, Sr., was sentenced to serve four
years in prison. Proto was replaced as business manager of Local 342 by his son
James Proto. DOL files do not reflect that LIUNA imposed a trusteeship or took
any other corrective action following this conviction of Anthony Proto, Sr., and
his replacement by his son. 84. Other Convictions of LIUNA Officials:
Since 1975, more than eighty LIUNA officials at the local and district
council levels of the union have been convicted of federal and state offenses.
These convictions demonstrate that there is an aura of criminality and pervasive
lawlessness existing within LIUNA. This aura of criminality denies to the rank
and file membership the benefits of union membership guaranteed them by law and
by the LIUNA Constitution, and further lends to the air of intimidation which
frustrates members of LIUNA in the exercise of the rights guaranteed them LMRDA.
In addition to the convictions sustained by the defendants (paragraph 13) and
their co-conspirators (paragraph 15) and the convictions mentioned in paragraphs
19 and 83 above,
the following LIUNA officials, among others, have been convicted of felonies
since 1975: (1) Louis Foceri - In 1986, in the case of United States v.
Louis Foceri, No. S84-CR-01034-l9(JES), in the United States District
Court for the Southern District of New York, Louis Foceri, a business agent for
the LIUNA Cement and Concrete Workers District Council and vice-president of
LIUNA Local 20, New York City, and a member of the Luchese LCN family, was
convicted of conspiracy to distribute narcotics. On June 18, 1986, Foceri was
sentenced to serve three years in prison. (See attached Exhibit 55) Louis Foceri
was permanently enjoined from participating in the affairs of LIUNA Local 6A and
the District Council of Cement and Concrete Workers of LIUNA in the case of
United States v. Local 6A. LIUNA. et al, No. 86 Civ. 4819(VLB),
in the United States District Court for the Southern District of New York. (2) Daniel Joseph Pagano - In 1982, in the case of United
States v. Daniel M. Pagano, No. Cr.-81-00123, in the United States
District Court in the Eastern District of New York, Daniel Joseph Pagano,
business manager of LIUNA Local 59, New York City, pled guilty to receiving
illegal payments from employers, in violation of Title 29, United States Code,
Section l86(b)(1) and (d). On February 2,
1982, Pagano was sentenced to serve two years in prison. (See attached
Exhibit 74) (3) Amadio Petito - In 1983, in the case of United States v.
Amadio Petito, No. CR-83-108, in the United States District Court for
the Eastern District of New York, Amadio Petito, secretary-treasurer of LIUNA
Local 29, New York City, was convicted of perjury and obstruction of justice, in
violation of Title 18, United States Code, Sections 1503 and 1623. On January
12, 1984, Petito was sentenced to serve three and one-half years in prison and
to pay a $5,000 fine. (See attached Exhibit 100) (4) Louis Sanzo - In 1984, in the case of United States v.
Louis. Sanzo, No. Cr. 83-00108, in the United States District Court for
the Eastern District of New York, Louis Sanzo, president of LIUNA Local 29, New
York City, was convicted of making false declarations before a grand jury, in
violation of Title 18, United States Code, Sections 1623(a) and 1503. On January
12, 1984, Sanzo was sentenced to serve four years in prison. (See attached
Exhibit 101) In 1981, in the case of United States v. Louis
Sanzo, No. CR-81-00151, in the United States District Court for the
Eastern District of New York, Sanzo, was convicted of conspiracy to defraud the
United States and tax evasion, in violation of Title 18, United States Code,
Section 371 and Title 26, United States Code, Section 7201. On August 14, 1981,
Sanzo was sentenced to serve three years in
prison. (See attached Exhibit 101) Sanzo's tax fraud conviction was affirmed in United
States v. Sanzo,673 F.2d 64 (2d Cir.), cert.
denied, 459 U.S. 858 (1982). (5) Dominick T. Parrotti - In 1978, in the case of United
States v. Dominick T. Parrotti, No. 78-CR-1 in the United States
District Court for the Northern District of New York, Dominick T. Parrotti, shop
steward of LIUNA Local 7, Binghamton, New York, pled guilty to receiving illegal
payments from employers, in violation of Title 29, United States Code, Section
186(b)(1). On November 13, 1978, Parrotti was sentenced to serve three years'
probation. (See attached Exhibit 76) (6) John A. Stagnitta - In 1988, in the case of United States
v. John Stagnitta, No. 87-CR-182, in the United States District Court
for the Northern District of New York, John A. Stagnitta, business agent of
LIUNA Local 333, Syracuse, New York, was convicted of conspiracy to receive
illegal payments from employers and embezzlement of the funds of Local 333, in
violation of Title 29, United States Code, Sections 186(b)(1) and 501(c) and
Title 18, United States Code, Section 371. On June 3, 1988, Stagnitta was
sentenced to serve three years' probation. (See attached Exhibit 94) (7) Richard R. Vaccaro - In 1981, in the case of United States
v. Richard R. Vaccaro, No.. 81-CR-74, in the United States District Court
for the Northern District of
New York, Richard R. Vaccaro, business manager of LIUNA Local 333, Syracuse,
New York, was convicted of embezzling funds from Laborers Local 333 and mail
fraud, in violation of Title 29, United States Code, Section 501(c) and Title
18, United States Code, Section 1341. On September 30, 1981, Vaccaro was
sentenced to secure three months in prison and two years and nine months'
probation and to pay a fine of $11,000. (See attached Exhibit 97) (8) John B. Mondry - In 1982, in the case of United States v.
John Mondry, No. CR. 82-00091-01, in the United States District Court
for the Western District of New York, John B. Mondry, secretary-treasurer of
LIUNA Local 621, Olean, New York, was convicted of embezzlement of the funds of
LIUNA Local 621, in violation of Title 29, United States Code, Section 501(c).
On October 18, 1982, Mondry was sentenced to serve one year and one day in
prison. (See attached Exhibit 71) (9) William Feeney. In 1980, in the case of United States v.
William Feeney, No. Cr. 79-380, in the United States District Court for
the District of New Jersey, William F. Feeney, president of LIUNA Local 734,
Newark, Near Jersey, was convicted of conspiracy to solicit and receive
kickbacks and soliciting and receiving kickbacks to influence operations of
employee benefit plans, in violation of Title 18, United States Code, Sections
371 and
1954. On May 16, 1930, Feeney was sentenced to serve seven years in prison.
(See attached Exhibit 53) (10) John Joseph Pasquale - In 1981, in the case of United
States v. John Joseph Pasquale, No. Cr. 81-341, in the United States
District Court for the District of New Jersey, John Joseph Pasquale, business
manager of LIUNA Local 21, Jersey City, New Jersey, was convicted of possession
of a firearm by a convicted felon, in violation of Title 18, United States Code
Appendix, Section 1202(a)(1). On December 21, 1981, Pasquale was sentenced to
imprisonment for seven years as a dangerous special offender under Title 18,
United States Code, Section 3575. (See attached Exhibit 77) In 1977, in the case
of State of New Jersey v. John Joseph Pasquale, John Joseph
Pasquale was convicted of burglary, in violation of New Jersey Statutes, Section
2A:94-1; and on February 18, 1977, Pasquale was sentenced to serve 364 day. in
prison. (11) Garland M. Taylor - In 1982, in the case of United States
v. Garland M. Taylor Cr. No. 81-322, in the United States District
Court for the District of New Jersey, Garland M. Taylor, Administrator and
Manager of Welfare Funds for LIUNA Local 222, Camden, New Jersey, pled guilty to
embezzling moneys from the Local 222 Federal Credit Union, in violation of Title
18, United States Code, Section 657. On January 8, 1982, Taylor was sentenced to
serve six months in prison and four and one-half years'
probation, and to pay full restitution. (See attached Exhibit 96) In 1982, in
the case of United States v. Garland M. Taylor Cr. 82-76, in the
United States District Court for the District of New Jersey, Garland M. Taylor
pled guilty to embezzlement of welfare and pension funds, in violation of Title
18, United States Code, Section 664. On April 16, 1982, Taylor was sentenced to
five years' probation and to pay a fine of $5,000. (See attached Exhibit 95) (1) Salvatore Gruttadauro - In 1986, in the case of United
States v. Salvatore Gruttadauro, No. 85 Cr. 731, in the United States
District Court for the Northern District of Illinois, Salvatore Gruttadauro,
vice-president and recording secretary of LIUNA Local 1, Chicago, Illinois, was
convicted of receiving illegal payments from employers, in violation of Title
29, United States Code, Section 186(b)(1) and (d). On May 13, 1986, Gruttadauro
was sentenced to serve two years' probation and to pay a $5,500 fine. (See
attached Exhibit 58) (2) Gene Richard Hawkins - In 1983, in the case of United States v.
Gene Richard Hawkins, No. 83-50009, in the United States District Court
for the Southern District of Illinois, Gene Richard Hawkins, business manager of
LIUNA Local 622, Greeneville, Illinois, was convicted of embezzling funds from
Laborers Local 622, in violation of
Title 29, United States Code, Section 501(c). On August 5, 1983, Hawkins was
sentenced to serve two years' probation and to pay restitution in the amount of
$20,526.45 to LIUNA Local 622. (See attached Exhibit 60) (3) Robert J. Hickerson - In 1983, in the case of United States
v. Robert J. Hickerson, No. 82-30092, in the United States District
Court for the Central District of Illinois, Robert J. Hickerson, business
manager of LIUNA Local 919, Quincy, Illinois, was convicted of embezzling funds
from Laborers Local 919 and conspiracy, in violation of Title 29, United States
Code, Section 501(c) and Title 18, United States Code, Section 371. On May 20,
1983, Hickerson was sentenced to serve three years in prison. Hickerson's
conviction was affirmed in United States v. Hickerson, 732 F.2d
611 (7th Cir.), cert. denied, 469 U.S. 846 (1984). (See attached Exhibit
62) (4) Nicholas Albert Guzzino - In 1991, in the case of United
State. v. Dominick Palermo. et al., No. HCr.-90-0113-02, in the United
States District Court for the Northern District of Indiana, Nicholas Guzzino,
executive board member of LIUNA Local 5, Chicago Heights, Illinois, was
convicted of substantive RICO related to conducting an illegal gambling
business, in violation of Title 15, United States Code, Sections 1962(c), 1952,
and 1955, in connection with what the sentencing judge found was his
""management of a mafia fiefdom in northwest Indiana. " On
March 26, 1992, Guzzino was sentenced to serve thirty-nine years, six months
in prison and fined $185,000. (See attached Exhibit 59) (5) Dominick Palermo - In 1991, in the case of United States v.
Dominick Palermo No. HCR-90-0113-01, in the United States District
Court for the Northern District of Indiana, Dominick Palermo, field
representative of LIUNA Local 5, Chicago Heights, Illinois, was convicted of
substantive RICO relating to conducting an illegal gambling business, in
violation of Title 18, United States Code, Sections 1962(c), 1952 and 1955, in
connection with what the sentencing judge found was his "management of a mafia
fiefdom in northwest Indiana." On March 26, 1992, Palermo was sentenced to serve
thirty-two years, four months in prison, and fined $250,000. (See attached
Exhibit 75) (1) Ronald Joseph Broderick - In 1984, in the case of United
States v. Paul John Leisure. et al. No.. S1-83-81Cr(2), in the United
States District Court for the Eastern District of Missouri, Ronald Joseph
Broderick, a business agent for LIUNA Local 110, St. Louis, Missouri, pled
guilty to RICO involving murder, in violation of Title 18, United States Code,
Section 1962(c). On February 10, 1984, Broderick was sentenced to serve eighteen
years in prison.
(2) Anthony J. Leisure - In 1985, in the case of United States
v. Paul John Leisure. et al. No. S1-8381Cr(2), in the United States
District Court for the Eastern District of Missouri, Anthony J. Leisure,
business agent for LIUNA Local 110, St. Louis, Missouri, was convicted of RICO
and RICO conspiracy, involving multiple acts of murder, in violation of Title
18, United States Code, Section 1962(c) and (d). On May 1, 1985, Leisure was
sentenced to serve forty years in prison. (See attached Exhibit 65) (3) Paul John Leisure - In 1985, in the case of United States
v. Paul John Leisure. et al., No S1-83-81CR(2), in the United States
District Court for the Eastern District of Missouri, Paul John Leisure, a
business agent for both LIUNA Locals 42 and 110, both located in St. Louis,
Missouri, was convicted of RICO conspiracy involving multiple acts of murder, in
circumstances in which some of the victims were rivals for control of LIUNA
local unions. On May 1, 1985, Leisure was sentenced to serve fifty-five years in
prison. (See attached Exhibit 66) (4) Augustus Moore - In 1983, in the case of United States v.
Augustus Moore, No. 83-00069-01-Cr.-W-H, in the United States District
Court for the Western District of Missouri, Augustus Moore, financial secretary
of LIUNA Local 555, Kansas City, Missouri, pled guilty to making false entries
in labor records, in violation of Title 29,
United States Code, Section 439(c). On July 12, 1983, Moore was sentenced to
serve three years' probation and to make restitution in the amount of $2,548.92.
(See attached Exhibit 72) (5) Robert Eugene "Bobby". Allison - In 1980, in the case of United
States v. Robert Eugene Allison, No. LR-CR78-112, in
the United States District Court for the Eastern District of Arkansas, Robert
Eugene "Bobby" Allison, president of LIUNA Local 1282, Little Rock, Arkansas,
was convicted of RICO and RICO conspiracy relating to embezzlement of funds from
Local 1282 and knowingly making false material declarations before the Grand
Jury, in violation of Title 18, United States Code, Section 1962(c) and (d),
Title 29, United States Code, Section 501(c), and Title 18, United States Code,
Sections 1622 and 1623. On December 9, 1980, Allison was sentenced to serve
forty months in prison, with the prison sentence suspended and to pay a $2,500
fine. (See attached Exhibit 44) (1) Albert Inorio - In 1979, in the case of United States v.
Albert Inorio, No. N-79-48 Criminal, in the United States District
Court in the District of Connecticut, Albert Inorio, president of LIUNA Local
455, New Haven, Connecticut, was convicted of embezzlement of the funds of LIUNA
Local 455 and conspiracy, in violation
of Title 29, United States Code, Section 501(c) and Title 18, United States
Code, Section 371. On November 20, 1979, Inorio was sentenced to serve three
years in prison. (See attached Exhibit 63) (1) Seymour A. Gopman - In 1978, in the case of United States
v. Seymour A. Gopman, No. 78-108-CR-JE, in the United States District
Court for the Southern District of Florida, Seymour A. Gopman, an attorney for
the Southeast Florida Laborers' District Council and some of its member local
unions, pled guilty to embezzlement from employee benefit plans, in violation of
Title 18, United States Code, Section 664. On June 1, 1978, Gopman was sentenced
to probation. (See attached Exhibit 56) Seymour Gopman was convicted of RICO conspiracy by agreeing to multiple acts
of receiving kickbacks relating to the sale of insurance plans to LIUNA-related
benefit funds, in violation of Title 18, United States Code, Section 1962(d). On
September 14, 1982, Gopman was sentenced to serve five years and four months in
prison and to forfeit $1,254,964.00. (See attached Exhibit 57) Gopman's
conviction was affirmed in United States v. Caporale, 806 F.2d
1487 (llth Cir. 1986) , cert. denied, 483 U.S. 1021 (1986). (1) John A. Scales - In 1993, in the case of United States v.
John Scales, No. CR2-93-018 (001), in the United States District Court
for the Southern District of Ohio, John Scales, business manager of LIUNA Local
423, Columbus, Ohio, pled guilty to narcotics violations. On July 9, 1993,
Scales was sentenced to serve ninety-six months in prison. (See attached Exhibit
87) (2) Herbert Walker - In 1988, in the case of United States v.
Herbert Walker No. Cr-2-88-108 in the United States District Court for
the Southern District of Ohio, Herbert Walker, president of LIUNA Mailhandlers
Local 304, Cincinnati, Ohio, and National Director of the National Post Office
Mailhandlers, Watchmen, Messengers, and Group Leaders Division of LIUNA, pled
guilty to embezzling union funds from Local 304 and knowingly making false
entries in
Local 304 records, in violation of Title 29, United States Code, Sections
501(c), 439(c), and 439(a) and (d). On October 7, 1988, Walker was sentenced to
serve three years in prison. (See attached Exhibit 98) (1) George Osley. Jr. - In 1985, in the case of United States v.
George Osley. Jr ,.Criminal No. S-84-477 in the United States District
Court for the District of Nevada, George Osley, Jr., secretary-treasurer of
LIUNA Local 872, Las Vegas, Nevada, was convicted of embezzlement of the funds
of LIUNA Local 872, making false entries in Local 872 records, and obstruction
of justice, in violation of Title 29, United States Code, Sections 501(c) and
439(b) & (c) and Title 18, United States Code, Section 1503. On April 1,
1985, Osley was sentenced to serve three years in prison. (2) Manuel Renteria - In 1979, in the case of United States v.
Manuel Renteria, No. CR 79-425-DWW, in the United States District Court
for the Central District of California, Manuel Renteria, the business manager of
LIUNA Local 300, Los Angeles, California, was convicted of conspiracy, mail
fraud, and receiving illegal gratuities, in violation of Title 18, United States
Code, Sections 371, 1341, and 1954, relating to a fraud committed in connection
with the purchase of life insurance policies and computer services to LIUNA
Local 300 and its employee benefit plans.
On September 17, 1979, Renteria was sentenced to serve three years in prison
and fined $5,000.00. (See attached Exhibit 80) (1) Mose Collins - In 1985, in the case of United States v.
Mose Collins, No. CR 85-20019-02 , in the United States District Court
for the Western District of Louisiana, Mose Collins, the secretary-treasurer of
LIUNA Local 207, Lake Charles, Louisiana, was convicted of conspiracy to
embezzle and embezzlement of funds from LIUNA Local 207, in violation of Title
18, United States Code, Section 371 and Title 29, United States Code, Section
501(c). On October 31, 1985, Collins was sentenced to serve five years in
prison, to pay a fine of $10,000, and to pay restitution in the amount of
$86,156.15. (2) Rayborn Doyle - In 1984, in the case of United States v.
Rayborn Doyle No. CR84-20020-01, in the United States District Court
for the Western District of Louisiana, Rayborn Doyle, a business agent and job
steward for LIUNA Local 692, Baton Rouge, Louisiana, pled guilty to receiving
illegal payments from employers of Local 692 members, in violation of Title 29,
United States Code, Section 186(b). On December 10, 1984, Doyle was sentenced to
serve six months in prison and five years' probation. (See attached Exhibit 52)
(3) Jeremiah Hawkins - In 1989, in the case of United States v.
Jeremiah Hawkins No. CR. 89-0001-B, in the United States District Court
in the Middle District of Louisiana, Jeremiah Hawkins, secretary-treasurer of
LIUNA Local 1016, Baton Rouge, Louisiana, was convicted of embezzlement, in
violation of Title 29, United States Code, Section 501(c). On May 5, 1989,
Hawkins was sentenced to serve five years' probation and to pay restitution of
$6,559.39 to LIUNA Local 1016. (See attached Exhibit 61) (4) Freeman Lavergne - In 1985, in the case of United States v.
Freeman Lavergne, No. CR. 85-20019-01, in the United States Court for
the Western District of Louisiana, Freeman Lavergne, business manager of LIUNA
Local 207, Lake Charles, Louisiana, was convicted of conspiracy to embezzle and
embezzlement of funds from LIUNA Local 207, in violation of Title 18, United
States Code, Section 371 and Title 29, United States Code, Section 501(c). On
October 31, 1985, Lavergne was sentenced to serve five years in prison, to pay a
fine of $10,000, and to pay $86,526.15 restitution to Local 207. (5) Jimmy Odom - In 1983, in the case of United States v. Jimmy
Odom, No. CR-83-50025-01, in the United States District Court for the
Western District of Louisiana, Jimmy Odom, president and business manager of
LIUNA Local 692, Baton Rouge, Louisiana, was convicted of making false
statements in employee benefit plan records, in violation
of Title I8, United States Code, Section 1027. On January 17, 1984, Odom was
sentenced to serve five years' probation and fined $4,000.00. (See attached
Exhibit 73) 85. The officers and employees of LIUNA who are named as defendants in this
complaint have abrogated their fiduciary duties and responsibilities to the
LIUNA membership by corrupting LIUNA and by refusing and failing to prevent or
remedy the systematic, long-standing, and pervasive ongoing corruption which is
illustrated by the facts set forth above. In light of these defendants' actions
and failure to act, it is necessary for this Honorable Court to remove all
current officers named as defendants herein and to appoint one or more trustees
to oversee the operations of LIUNA. 86. These violations of Title 18, United States Code, Section 1962, as well
as numerous other violations of the criminal and civil laws have occurred and
will continue to occur in connection with the affairs of LIUNA unless this
Honorable Court implements the relief requested below. 87. The members of LIUNA have been injured by these violations of Title 18,
United States Code, Section 1962. The members of LIUNA have been deprived of the
effective enforcement of the applicable collective bargaining agreements. The
members of LIUNA have been prejudiced by losing job opportunities and by the
increased burden arising from the no-show jobs given to members and
associates of the LCN. The defendants who are officers of LIUNA also have
prevented and inhibited the rank and file members from democratic participation
in the affairs of the union and from exercising their right to freely express
themselves regarding union matters. This has been achieved through harassment
and intimidation, including the threat of being denied work if LIUNA members do
not comply with the demands of corrupt LIUNA officials, and the exploitation of
the perception among the members of LIUNA that the defendants who are officers
of LIUNA are associated with organized crime figures and seek to maintain the
status quo. 88. LIUNA has been, and will continue to be, a labor organization held
captive by organized crime unless and until this Honorable Court orders the
relief requested below. WHEREFORE 1. That this Honorable Court issue a preliminary injunction which will do the
following: a. Enjoin and restrain defendants JOSEPH AIUPPA, ARTHUR J. BERNE,
SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR
ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA,
JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS
ANTHONY MANNA, also known as "Bobby Manna", JAMES MESSERA, ROCCO J. NAPOLI,
CARMINE PEPSICO,
ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANNY SANSANESE JR., JOSEPH A.
TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL
TRUPIANO, JR., PETER VARIO, also known as "Jocko"
Racketeering Acts
Time Period of Wages
Received
July 21,1986 to August 24, 1986
August 25, 1986 to December 22,1986
April 15, 1987 to June
15, 1987
65. Collateral
Estoppel
Racketeering Acts
Employer
Period for Which
Compensated
95
Firstrhyme
June 1, 1985 - Dec. 31,
1985
96
Firstrhyme
Feb. 15, 1986 - April 30,
1986
97A
Firstrhyme/ Balvac
June 1,1986 - Dec. 31,
1986
97B
Balvac
Oct. 27, 1986 - Oct. 31,
1986
25 Elm Street
Plattsburgh, New York 12901
23 Mitchell Street
Oswego, New York 13126
P.O. Box 361
Massena, New York 13662 and
20 Fourth Street
Rochester, New York 14609
In
violation of Title 18, United States Code, Section. 1341, 1346 and 2.
25 Elm St.
Plattsburgh, New York 12901
23 Mitchell Street
Oswego, New York 13126
P.O. Box 361
Massena, New York 13662
20 Fourth Street
Rochester, New York 14609
Business Manager
Local 435
20 Fourth Street
Rochester, New York 14609
1435 Morris Avenue
Union, New
Jersey 07083
890 Third Street
Albany, New York
12206
Its Officers and Members
20 - Fourth Street
Rochester,
New York 14609
1435 Morris Avenue
Union Hill,
New Jersey 07083
890 Third
Street
Albany, New York 12206
In violation of Title 1B, United States
Code, Sections 1341, 1346 and 2.
XIII
SUMMARY OF THE RACKETEERING ACTS
CHARGED AGAINST EACH
DEFENDANT
NAME
RACKETEERING
ACT(S)VIOLATIONS
JOSEPH AIUPPA
1
18 USC § 1951
ARTHUR J. BERNE
1
18 USC § 1951
SAMUEL J. CAIVANO
1
11018 USC § 1951
18 USC
§ 1951
18 USC § 1341
18 USC § 1343
LOUIS CASCIANO
1
10118 USC § 1951
18 USC
§ 1951
JAMES B. CASTALDO
1
62 & 6318 USC § 1951
29 USC
§ 186(b)
JOHN CATANZARO
1
92 - 9418 USC § 1951
29 USC
§ 186(b)
ARTHUR ARMAND COIA
1
6 & 7
11018 USC § 1951
18 USC
§ 1954
18 USC § 1951
18 USC §
1341
18 USC § 1343
NAME
RACKETEERING ACT(S)
VIOLATIONS
RAYMOND FLYNN
1
11.18 USC § 1951
Murder,
Mo
JAMES J. GALLO
1
62 & 6318 USC § 1951
29 USC
§ 186(b)
JOHN GIARDIELLO
1
3
518 USC §1951
18 USC
§1954
18 USC §1954
MICHAEL LABARBARA, JR
1
82
87 - 9118 USC §1951
29 USC
§186(b)
29 USC §186(b)
GENNARO LANGELLA
1
12 - 19
20 - 31
32 - 3718 USC §1951
18 USC
§1951
18 USC §1951
29 USC §186(b)
ANTHONY D. LIBERATORE
1
106, 107, & 10918 USC §1951
29 USC
§186(b)
CHESTER J. LIBERATORE
1
104 - 105
106 - 10918 USC §1951
18 USC
§1951
29 USC §186(b)
LOUIS ANTHONY MANNA
a/k/a "Bobby
Manna"1
38 -52
5318 USC §1951
29 USC
§186(b)
18 USC §1951
JAMES MESSERA
1
101
102
10318 USC §1951
18 USC
§1951
18 USC §664
18 USC §664
ROCCO J. NAPOLI
1
38 - 52
5318 USC §1951
29 USC
§186(b)
18 USC §1951
CARMINE PERSICO
1
12 - 19
20 - 31
32 - 3718 USC §1951
18 USC
§1951
18 USC §1951
18 USC §186(b)
167
NAME
RACKETEERING ACT(S)
VIOLATIONS
ALFRED PILOTTO
1
2
4
518 USC §1951
18 USC
§1954
18 USC §1954
18 USC §1954
JOHN M. RIGGI
1
54
55 - 6118 USC §1951
18 USC
§1951
29 USC §186(b)
JOSEPH P. ROSATO
1
95 - 97B 18 USC §1951
29 USC
§186(b)
DANIEL SANSANESE, JR
1
95 - 97B
11018 USC §1951
29 USC
§186(b)
18 USC §1951
18 USC
§1341
18 USC §1343
JOSEPH A. TODARO, SR..
1
11018 USC §1951
18 USC §1951
18
USC §1341
18 USC §1343
JOSEPH A. TODARO, JR
1
92 - 94
11018 USC §1951
29 USC
§186(b)
18 USC §1951
18 USC
§1341
18 USC §1343
SALVATORE TRICARIO
1
3
518 USC §1951
18 USC
§1954
18 USC §1954
MATTHEW TRUPIANO, JR
1
18 USC §1951
PETER VARIO
a/k/a/ "Jocko"1
64 -8718 USC §1951
9 USC
§186(b)
PETER A. VARIO
a/k/a "Butch"1
98 - 10018 USC §1951
29 USC
§186(b)
XIV
THE FAILURE OF LIUNA OFFICIALS
TO SATISFY THEIR ETHICAL
OBLIGATIONS
.
XV
THE AURA OF CRIMINALITY EXISTING WITHIN LIUNA
In 1978, in the case of United
States v. Seymour A. Gopman No. 77-470-CR-JE, in the United States
District Court in the Southern District of Florida, Seymour Gopman pled guilty
to receiving fees and kickbacks with intent to be influenced and filing false
Internal Revenue forms, in violation of Title 18, United States Code, Section
1954 and Title 26, United States Code, Section 7206. On May 25, 1978, Gopman was
sentenced to serve two years in prison and to pay a fine of $15,000.
In 1982,
in the case of United States v. Anthony Accardo. et al. No..
81-00230 Cr-JWK, in the United States District Court in the Southern District of
Florida,
XVI
THE CURRENT STATUS OF LIUNA
XVII
DEMAND FOR RELIEF
b. Enjoin and restrain defendants ROLLIN P. "BUD" VINALL, MASON M. "MAX" WARREN, JOHN SERPICO, VERE O. HAYNES, ENRICO MANCINELLI, CHUCK BARNES, JACK WILKINSON, GEORGE R. GUDGER, MICHAEL QUEVEDO, JR., and ARMAND E. SABITONI, the defendant members of the General Executive Board, their successors as members of the Board and ROBERT J. CONNERTON, the General Counsel of LIUNA and his successor and all persons in active concert with them, from committing any acts of racketeering, as defined in Title 18, United
States Code, Section 1961(1), and from associating, directly or indirectly, with any persons known to them to be members or associates of an LCN family or with defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PEPSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL J. SANSANESE JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko," or PETER A. VARIO, also known as "Butch",. and any persons in active concert or participation with them;
c. Appoint one or more court liaison officers, pendente lite, for LIUNA whose responsibilities would include the following:
e. Provide that the expenses of the court liaison officer(s) be paid out of the funds of LIUNA.
2. That this Honorable Court issue a permanent injunction prohibiting defendants JOSEPH AIUPPA, ARTHUR J. BERNE, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, SAMUEL J. CAIVANO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PEPSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko",. and PETER A. VARIO, also known as "Butch";. and all other persons in active concert or participation with them in the affairs of the LCN from participating in or having any future dealings of any nature whatsoever with any officer, agent, representative or employee of LIUNA or any other labor organization about any matter which relates, directly or indirectly, to the affairs of LIUNA or such other labor organization, and from owning or operating any business which employs members of LIUNA or any of its subordinate bodies in the Northern District of Illinois or elsewhere.
3. That this Honorable Court issue a permanent injunction prohibiting defendants ROLLIN P. "BUD". VINALL, MASON M. "MAX". WARREN, JOHN SERPICO, VERE O. HAYNES, ENRICO MANCINELLI, CHUCK BARNES, JACK WILKINSON, GEORGE R. GUDGER, MICHAEL QUEVEDO, JR., ARMAND E. SABITONI, and ROBERT J. CONNERTON and their successors as
officers, employees, and agents of LIUNA, and all persons acting in active concert with them, from committing any acts of racketeering, as defined in Title 18, United States Code, Section 1961(1), or from associating, directly or indirectly, with any member or associate of the LCN, or any other persons in active concert with members or associates of the LCN.
4. That this Honorable Court issue a permanent injunction prohibiting any of the defendants named in this complaint who are found to have violated Title 18, United States Code, Section 1962, from participating in any way, either directly or indirectly, in the affairs of LIUNA or any of its affiliated bodies or subordinate district councils or local unions or other subordinate entity, or any other labor organization, and from being employed in a position which has among its duties dealing with any labor organization, and from owning, operating or being employed in any business or other organization which employs members of LIUNA or any of its subordinate organizations, or subsidiary organizations, and such organizations' affiliated employee benefit plans and any entity providing benefit plan services to such employee benefit plans or any other related entities.
5. That following a trial on the merits this Honorable Court issue a decree providing for the following:
additional power to conduct investigations to find corrupt and dishonest LIUNA officials and to impose those sanctions appropriate to ensure that LCN and criminal control of LIUNA is removed and to ensure that the rights of the membership of LIUNA under Title 29 are protected and preserved and to discharge any of the other duties of the Board of LIUNA (other than negotiating and entering into collective bargaining agreements, participating in the affairs of any LIUNA-related political action committee, or participating in the process related to the resolution of employee grievances) when the court appointed officer deems it necessary to fulfill his duty to protect the rights of the membership of LIUNA and to prevent corruption and infiltration by the LCN or any other criminal group.
7. That following a trial on the merit, such independent court officers as the Court deems sufficient to achieve the objectives of this suit remain in office until the court determines that such officers are no longer necessary to achieve the objectives of this action,
8. That the Court provide in its Order that the fees and expenses of such officers as the Court deems necessary are paid out of the funds of LIUNA.
9. That this Honorable Court enjoin and restrain the defendants who are named only as officials of LIUNA, pursuant to Rule 19 of the Federal Rules of Civil Procedure, and their successors as officials of LIUNA, and any of its members, agents, employees, officers, Regional Offices, District Councils, Local
Unions, and affiliated employee benefit funds or training funds from interfering in any manner whatsoever with any officer(s) appointed by the Court pursuant to this law suit in the execution of those powers given to such officers by the Court.
10. That this Honorable Court order that all of the individual defendants who are found to have violated Title 18, United States Code, Section 1962, disgorge all proceeds derived from such violations, with such proceeds to be applied for the benefit of the rank and file members of LIUNA, who are victims of those violations, with the remainder to be paid to cover the expenses of any officers appointed by the Court pursuant to this law suit or distributed as the court finds are in the interests of equity and justice.
11. That this Honorable Court issue a judgment declaring that LIUNA has been controlled and exploited by the LCN through multiple violations of Title 18, United States Code, Section 1962.
12. That this Honorable Court award the United States the costs of this suit together with such other and further relief as may be necessary and appropriate to prevent and restrain further violations of Title 18, United States Code, Section 1962, and to end the LCN's control over and exploitation of LIUNA.
DATED:
Laborers for JUSTICE © 1997 All Rights reserved as to original work.
.