© Laborers for JUSTICE. Not for publication on www.laborers.org in altered, mutilated, or even identical form

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA, )

Plaintiff

)

Vs.

 )     No.
)     DRAFT

LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA, AFL-CIO,

Defendant

 )
)
)

COMPLAINT

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:

I
INTRODUCTION

1. This action is brought against the Laborers' International Union of North America, AFL-CIO (hereafter alternatively, "LIUNA" or "the union") and others to ensure that all entities within the union are rid 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. Various LIUNA union officers and employees at all levels, including the international headquarters, have been chosen, subject

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to the approval of, and have been controlled by, various members and associates of organized crime. Consequently, the rights of  the members of the union to control the affairs of the union have been systematically abused. Certain union members who opposed this corrupt state of affairs, either at the local, district council, regional or international levels, have been intimidated into silence by violence, threats of 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 within the Laborers

II
JURISDICTION

4. Jurisdiction in this action is predicated upon Title 18,United States Code, Section 1964(b) and Title 28, United States Code, Sections 1331, 134S, and 2201.

III
VENUE

5. Venue for this action is predicated upon Title 18, United States Code, Section 1965 and Title 28, United States Code, Section 1391(b).

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6. The United States invokes the expanded service of process provisions of Title 18, United States Code, Section 1965(b).

IV
LA COSA NOSTRA

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 nation wide 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. "A crew is 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 here after referred to collectively as "capon," 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

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cooperate in the activities of the family, who are referred to as "associates." Persons who have been formally inducted into 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 524,534-538 (2d Cir.), cert. denied, 493 U.S. 811 (1989) (hereafter "Salerno I" or "the Commission case"); 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); and 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 v. Pungitore, 910 F. 2d 1084, ll48-1149 (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

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the five families in the New York City area - the Colombo, Gambino, Genovese, and Luchese families - have been members of the 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 law 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;

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c. The BUFFALO family which is headquartered in the area of Buffalo, New York and operates there and in various other locations;

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 United 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

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Detroit family is represented on the Commission by the Genovese family;

i. The GAMBINO family which is headquartered in New York City and operates there 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;

l. 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 the 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.

V
THE PARTIES

11. The Plaintiff: The United States of America, plaintiff herein, is a sovereign and body politic.

12. The 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

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for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours and other terms and conditions of employment.

a. The union represents a variety of general laborers, including masons' helpers, general construction laborers, highway construction laborers, pipeline laborers, watchmen, asbestos removers, pavers, stone cutters and mailhandlers.

b. The union was initially chartered by the American Federation of Labor in Washington, D.C. on April 13, 1903, and was formerly known as the International Hod Carriers Building and Common Laborers' Union of America.

c. The union has its international headquarters at 905 16th Street N.W., Washington, D.C. and has local unions, district councils, and regional offices in the Northern District of Illinois and elsewhere throughout the United States and Canada. LIUNA has approximately 450,000 rank and file members.

d. The union includes eleven regional offices covering the United States. The manager of a regional office of the union is the representative of the union in his geographic area and controls the regional office and the affairs of the union within that area. The union has approximately 60 district councils and approximately 620 local unions throughout the United States and Canada with approximately 5,000 local and district officers.

e. There is a separate division of LIUNA called the "National Post Office Mailhandlers Union" which primarily

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represents mailhandlers and other employees of the United States Postal Service.

f. Under the Constitution of LIUNA (hereafter "the Constitutions), the highest authority of LIUNA is the General Convention of the Laborers' International Union (hereafter "the General Convention") (Article I) which, as mandated by the Labor Management Reporting and Disclosure Act of 1959(hereafter "LMRDA"), Title 29, United States Code, Section 481(a),meets every five years in September or October in order to elect officers (Article V, Section 1). The most recent meeting of the General Convention occurred in Las Vegas, Nevada in October 1991. The delegates to the General Convention consist of the members of the General Executive Board and other delegates who, as mandated by LMRDA, are elected by local unions and district councils in good standing in the union (Article V, Sections 2-10). The General Convention elects all of the international officers of the union by plurality vote. If there is no opposition to a nominee for office, that nominee is considered duly elected (Article VII, Section 4). f. Under the Constitution of LIUNA (hereafter "the Constitutions), the highest authority of LIUNA is the General Convention of the Laborers' International Union (hereafter "the General Convention") (Article I) which, as mandated by the Labor Management Reporting and Disclosure Act of 1959(hereafter "LMRDA"), Title 29, United States Code, Section 481(a),meets every five years in September or October in order to elect officers (Article V, Section 1). The most recent meeting of the General Convention occurred in Las Vegas, Nevada in October 1991. The delegates to the General Convention consist of the members of the General Executive Board and other delegates who, as mandated by LMRDA, are elected by local unions and district councils in good standing in the union (Article V, Sections 2-10). The General Convention elects all of the international officers of the union by plurality vote. If there is no opposition to a nominee for office, that nominee is considered duly elected (Article VII, Section 4).

g. Under Articles I and VIII of the Constitution, the General Executive Board of the union (hereafter "the Board") is the body which directs the union between meetings of the General Convention. The Board is made up of all of the international officers of the union, that is, the General President, the General Secretary-Treasurer, and ten Vice-Presidents. The Board has authority over all of the executive, legislative, and judicial powers of the union.

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h. Under Article IX of the Constitution, the General President is the chief executive officer of the union and has executive, administrative, and judicial authority over the union's affairs. The General President presides over meetings of the General Executive Board and oversees local unions and district councils to see that they conduct their affairs in accordance with the Constitution. The General President has the authority to file charges against any local union, district council, officer or member of the union and to appoint a temporary trustee to oversee the affairs of a local union or district council and to control the affairs of the subordinate body whenever necessary to correct corruption or financial malpractice, assure the performance of a collective bargaining agreement, restore democratic procedures, or to protect the organization as an institution. The General President has extensive powers to appoint assistants, to appoint managers of all regional and sub-regional offices and to set their salaries. If there is a vacancy in the office of General President when the General Convention is not in session, the General President is elected, from among the members of the Board, by the Board (Article VI, Section 5).

i. Under Article XI of the Constitution, the General Secretary-Treasurer of the union is the union's chief financial officer and is the custodian of all of the bank accounts, records and documents relating to the finances of the union, If there is a vacancy in the office of General Secretary-Treasurer when the

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convention is not in session, a replacement is elected by the Board (Article VI, Section 5).

j. Regional offices of the LIUNA are established to administer the affairs of the union on a regional basis. Regional managers are appointed by the General President.

k. Under Article XIX of the Constitution, affiliated local unions may be combined into an area district council. District councils have broad powers to determine and levy membership fees and to negotiate collective bargaining agreements with employers. In effect, the district councils supervise all of the activities of their constituent local unions. District councils may be created either at the discretion of the General Executive Board or the General President and General Secretary-Treasurer or upon application by a group of local unions. The day-to-day affairs of both the district councils and the local unions are managed by a business manager who is the official representative of the district council or local union and who hires and supervises field representatives, who are also referred to as "business agents" (hereafter referred to as "business agents"). The business agents are the union officials who handle the day-to-day business with employers of LIUNA members.

1. LIUNA is named as the sole defendant herein for the purpose of effectuating the relief requested in this complaint, pursuant to Rule 19(a) of the Federal Rules of Civil Procedure.

13. The current members of the General Executive Board of LIUNA are follows:

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a. ARTHUR ARMAND COIA, who has been the General President of LIUNA since February 1993.

b. ROLLIN P. "Bud" VINALL, the General Secretary-Treasurer, who has been the General Secretary-Treasurer since October1994.

c. MASON M. "Max" WARREN, the First International Vice President, who has been a member of the Board since 1975.

d. JOHN SERPICO the Second International Vice-President who has been a member of the Board since September 1984.

e. VERE O. HAYNES, the Third International Vice-President, who has been a member of the Board since1985.

f. SAMUEL J. CAIVANO, the Fourth International Vice President, who has been a member of the Board since February 1987.

g. ENRICO MANCINELLI, the Fifth International Vice President who has been a member of the Board since October 1991.

h. CHUCK BARNES, the Sixth International Vice-President, who has been a member of the Board since 1992.

i. JACK WILKINSON, the Seventh International Vice President, who has been a member of the Board since February, 1993.

j. GEORGE R. GUDGER, the Eighth International Vice President, who has been a member of the Board since late 1993 or early 1994.

k. MICHAEL QUEVEDO, JR., the Ninth International Vice President, who has been a member of the Board since June 1994.

1. ARMAND E. SABITONI, the Tenth International Vice President, who has been a member of the Board since October 1994

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VI
CO-CONSPIRATORS NOT NAMED AS DEFENDANTS

14. Co-Conspirators: The following persons, along with others whose names are both known and unknown, are named as coconspirators, but not defendants in this complaint:

a. ANTHONY JOSEPH ACCARDO, also known as "Joe Batters," was, at various times from at least the late 1960's up to the date of his death on May 27, 1992, the boss or the consigliere of the Chicago LCN family. Anthony Joseph Accardo aided, abetted, counseled, commanded, induced and procured the activities of coconspirators Alfred Pilotto and Angelo Fosco in the commission of Racketeering Acts Nos. 2 through 5 below. Anthony Accardo also directly participated in the commission of Racketeering Act No. 1 below, interfering with the rights of the members of LIUNA in the selection of their officers and officials in that he engineered the selection of Angelo Fosco as General President of LIUNA by intimidation, implicit threats of violence, and other improper means.

b. JOSEPH AIUPPA, also known as "Joey O'Brien" and "Joey Doves," was, from at least 1978 to at least 1985, the boss of the Chicago LCN family and a member of the Chicago LCN family at all times material hereto. As the boss of the Chicago LCN family, Joseph Aiuppa controlled LIUNA local union affairs in Southern Illinois and in the area of St. Louis, Missouri, as  well as in Chicago, Illinois. In 1986, in the case of United States v. DeLuna. et al., No. 83-00124-07-W-8, in the United States District

United States v. DeLuna. et al., No. 83-00124-07-W-8, in the United States District

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Court for the Western District of Missouri, Joseph Aiuppa was convicted of conspiracy to travel in interstate commerce in aid of racketeering, in violation of Title 18, United States Code, Sections 371 and 1952, in connection with the Central States Pension Fund of the International Brotherhood of Teamsters and was sentenced to serve twenty-eight and one-half years in prison (See attached Exhibit 39). Joseph Aiuppa's conviction was affirmed in United States v. Cerone, 830 F. 2d 938 (8thCir. 1987), cert. denied, 486 U.S. 1006 (1988) ("the Argent casino skimming case"). Aiuppa is currently serving the sentence imposed in that case. Joseph Aiuppa was permanently barred from influencing the affairs of the International Brotherhood of Teamsters in United States v. International Brotherhood of Teamsters. etc. et al., No. 88 Civ. 4486 (DNE), in the United States District Court for the Southern District of New York.

c. SALVATORE AVELLINO has been, since at least 1985, a capo in the Luchese LCN family. Avellino controlled the activities of the Michael LaBarbara, Jr., and Peter Vario, also known as "Jocko," in their direction of the affairs of LIUNA Local 66, Long Island, New York, during the time they committed the acts alleged as Racketeering Acts Nos. 64 through 91 below. Broad civil RICO injunctive relief of the nature requested in this complaint was entered against Salvatore Avellino on December 30, 1992, in the case of United States v. Private Sanitation Industry Association of Nassau/Suffolk. Inc.. et al., No. CV-89-1848, in the United States District Court for the Eastern District of New York. The

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injunction was affirmed in United States v. Private Sanitation Industry Association of Nassau/Suffolk. Inc.. et al., 995 F. 2d375 (2d Cir. 1993).

d. ARTHUR J. BERNE was the leader of organized crime activity in southern Illinois and conducted his illicit operations under the control of Joseph Aiuppa and the Chicago LCN family from at least the late 1960's to the present. Arthur J. Berne has never been an official of LIUNA, but he awarded the leadership of LIUNA Local 42, St. Louis, Missouri to Raymond Flynn with the authorization of Joseph Aiuppa. Arthur J. Berne controlled Raymond Flynn in the exercise of his duties with respect to LIUNA Local 42. Arthur J. Berne was convicted of extortion in 1986 and was sentenced to serve six years in prison (See attached Exhibit 40). Berne is currently on parole.

e. LOUIS CASCIANO was, from at least 1988 up to and including August 31, 1990, field representative and assistant to the president of the Mason Tenders District Council of Greater New York and Vicinity (hereafter the "Mason Tenders District Council") of LIUNA as well as a field representative of the Mason Tenders District Council Trust Funds and a member of LIUNA Local 51. Casciano is a "made" member of the Genovese LCN family then in the crew of Genovese LCN family capo, James Messera. On November 20, 1990, in the case of United States v. James Messera et al., No. 90-00483-05 (CSH), in the United States District Court for the Southern District of New York, Louis Casciano pled guilty to RICO conspiracy involving labor bribery and extortion, as alleged in

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Racketeering Act No. 101 below. On March 13, 1991, Louis Casciano was sentenced to serve twenty-four months in prison(see attached Exhibit 33). Casciano is currently serving a period of supervised release.

f. JAMES B. CASTALDO was, from the time of its being granted a charter in 1987 to in or about September, 1992 the business manager of LIUNA Local 1030, Elizabeth, New Jersey. At the time Local 1030 was chartered in 1987, James B. Castaldo was installed in his position as business manager of LIUNA Local 1030 at the behest of the John M. Riggi. On May 26, 1993,in the case of United States v. James Gallo. et al., No. CR 92-508-02, in the United States District Court for the District of New Jersey, James B. Castaldo pled guilty to two counts of demanding bribes from employers of members of Local 1030, of which Castaldo was the business manager, in exchange for labor peace and the use of nonunion labor, as alleged in Racketeering Acts Nos. 62 and 63 below. On September 21, 1993, Castaldo was sentenced to serve eighteen months in prison (See attached Exhibit 20). Castaldo is an associate of the DeCavalcante LCN family and was controlled by John M. Riggi, even after the time John M. Riggi entered prison in 1990. Castaldo was replaced as business manager of Local 1030 by Giuseppe Schifilliti, who, in August 1992, was seen associating with a leader of the DeCavalcante LCN family. Castaldo is currently serving his sentence.

g. JOHN CATANZARO was, at various times material hereto, a steward of LIUNA Local 210, Buffalo, New York. Since at least

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1985, Catanzaro has been a" made" member of the Buffalo LCN family. From approximately 1985 to approximately December 1989, Catanzaro was an auditor of Local 210. on November 30, 1989, in the case of United States v. John Catanzaro, No. CR 88-00067-01 C, in the United States District Court for the Western District of New York, John Catanzaro pled guilty to labor bribery in connection with having no-show employment, as alleged in Racketeering Act No. 93 below. On January30, 1990, Catanzaro was sentenced to serve twenty-seven months in prison (See attached Exhibit 26). Catanzaro has completed service of his prison sentence.

h. ANTONIO CORALLO, also known as "Tony Ducks," was, from at least 1978 until approximately January 1987, the boss of the Luchese LCN family and a member of the Commission. Antonio Corallo has a criminal record which includes convictions for distribution of narcotics, mail fraud and conspiracy to obstruct justice. In 1987, Antonio Corallo was convicted, along with the other members of the LCN Commission, of RICO and RICO conspiracy relating to extortion and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council as alleged in Racketeering Acts 20 through 37 below. On January 13,1987, Antonio Corallo was sentences to serve one hundred years in prison and to pay a fine of $250,950.Corallo's conviction was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert denied, 493 U.S. 811 (1989).In 1989, Antonio Corallo was barred from involvement with the International Brotherhood of teamsters in United States v. International

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Brotherhood of Teamsters. etc.. et al.; Brotherhood of Teamsters. etc.. et al.;, No. 88 Civ. 4486(DNE), in the United States District Court for the Southern District of New York. In 1987, Antonio Corallo also was permanently enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization 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. Corallo is currently serving his sentence.

i. RAYMOND FLYNN was, from approximately 1978 until approximately 1986, the business manager of LIUNA Local 42, St. Louis, Missouri. Flynn was controlled by and an associate of Arthur J. Berne. Flynn's criminal record includes convictions in 1986 for interstate transportation of stolen property and in 1977 and 1985 for possession of burglary tools. In 1987, in the case of United States v. Raymond Flynn, No. 86-159 Cr (1), in the United States District Court for the Eastern District of Missouri, Raymond Flynn was convicted of RICO and RICO conspiracy relating to his participation in a scheme to commit multiple union related murders, as alleged in Racketeering Act No. 11 below. On April 10, 1987, Flynn was sentenced to serve forty-five years in prison (See attached Exhibit 7). Flynn's conviction was affirmed in United States v. Flynn, 852 F. 2d1045 (8th Cir), cert. denied, 488 U.S. 974 (1988). Flynn is currently serving his sentence.

j. ANGELO FOSCO was the General President of the LIUNA from October 1975 up to the date of his death on February 19,1993. Coconspirator Angelo Fosco became the General President of LIUNA,

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succeeding his father, the late Peter J. Fosco, through the corrupt actions of LCN members. At all other times material hereto, Angelo Fosco was an International Vice-President and regional manager of the Chicago Regional Office of LIUNA. At all times material hereto, Angelo Fosco was an associate of the Chicago LCN family and personally participated in Racketeering Acts Nos. 1 through 5 below. 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, Angelo Fosco was acquitted, by the jury, of RICO conspiracy which encompassed Racketeering Acts Nos. 2 through 5 below. Following his acquittal in that case, Angelo Fosco appeared before the President's Commission on Organized Crime on or about April 22,1985, and, asserting his privilege against self incrimination, refused to answer the questions of the President's Commission Organized Crime relating to whether members of organized crime were involved in LIUNA in Chicago and New York. Fosco also refused to answer the questions of the President's Commission regarding his imposition of trusteeships against local unions and about his associations with the LCN. Angelo Fosco was the third successive General President of LIUNA who carried membership in a LIUNA local union located in Chicago, Illinois (Local 2) and was only the fourth LIUNA General President since 1908. In 1992, his last full year as an international official of LIUNA, Angelo Fosco was paid $273,047.54

k. CHRISTOPHER FURNARI, SR., also known as "Christy Tick," was, at times material hereto, the consigliere of the Luchese LCN

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family. Christopher Furnari has a criminal record which includes convictions for assault and sex offenses. In 1987, in the case of United States v. Anthony Salerno. et al., No. SSS85 Cr. 0139 (RO), in the United States District Court for the Southern District of New York, Christopher Furnari was convicted, along with other members of the LCN Commission, of RICO and RICO conspiracy, relating to extortion and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13, 1987, Furnari was sentenced to serve one hundred years in prison and to pay a fine of $240,900.Furnari's conviction was affirmed in United States v. Salerno,868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811 (1989).Christopher Furnari, Sr., also was enjoined in 1987 from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization 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. Furnari's son, Christopher Furnari, Jr., was, from at least 1985 to 1987, vice-president of LIUNA Local 20, New York City, and during that time was the highest paid official of that local union. Christopher Furnari, Jr., was also enjoined from participating in the affairs of LIUNA and any other labor organization in the case of United States v. Local 6A. LIUNA. et al., supra; Furnari is currently serving his sentence.

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1. JAMES J. GALLO was, from sometime in early 1991 to September 1992, a business agent of LIUNA Local 1030,Elizabeth, New Jersey. On May 26, 1993, in the case of United States v. James Gallo, et al., No. CR-92-508-01, in the United States District Court for the District of New Jersey, James J. Gallo pled guilty to two counts of demanding bribes from employers of members of Local 1030, of which Gallo was a business agent, in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 62 and 63below. On September 24, 1993, James J. Gallo was sentenced to serve thirty-eight months in prison (See attached Exhibit 21)after the sentencing judge found that Gallo had harbored Anthony Casso, underboss of the Luchese LCN family, during a time Casso was a fugitive from justice. At the time he was hired as business agent of Local 1030, James J. Gallo previously had been convicted of criminal usury and weapons offenses in the courts of the State of New York. James J. Gallo has strong ties to the DeCavalcante LCN family. Gallo is currently serving his sentence.

m. JOHN GIARDIELLO was the business manager of LIUNA Local 767 of West Palm Beach, Florida from approximately 1965to approximately June 1982. At all times material hereto, John Giardiello was an associate of the Trafficante family of the LCN. 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, John Giardiello was convicted of RICO conspiracy by agreeing to receive kickbacks relating to the sale of insurance services to LIUNA-related employee benefit funds during

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the period 1970 to 1977 while jet swabs tie business manager of Local 767, as alleged in Racketeering Acts Nos. 3 and 5 below. On September 14, 1982, Giardiello was sentenced to serve twelve years in prison (See attached Exhibit 2). Giardiello's conviction was affirmed in United States v. Caporale, 806 F. 2d 1487 (11th Cir. 1986), cert. denied, 483 U.S. 1021 (1987). John Giardiello is on parole.

n. MICHAEL LABARBARA, JR., was, from 1984 to 1989, the business manager of LIUNA Local 66, Long Island, New York and a delegate to the Mason Tenders District Council. LaBarbara has been a "made" member of the Luchese LCN family since at least1985 and, along with Peter Vario, also known as "Jocko," represented the interests of the Luchese family in Local 66 and on the Mason Tenders District Council. In September 1989, in the case of United States v. Peter Vario. et al., No. CR 8800719 (S)-02, in the United States District Court for the Eastern District of New York, Michael LaBarbara, Jr., pled guilty to receiving bribes in exchange for labor peace and the use of non-union labor during the period 1980 through 1986,while serving as an officer and employee of LIUNA Local 66, as alleged in Racketeering Acts Nos. 82 and 87 through 91 below. On December 15, 1989, LaBarbara was sentenced to serve fourteen months in prison and to pay a fine of 536,940.00. LaBarbara is currently on parole from this conviction (See attached Exhibit23). On March 15, 1994, LaBarbara was indicted in the case of United States v. Michael LaBarbara. Jr., No. 94 Cr. 191(E.D.N.Y.), for embezzlement of union, assets, embezzlement of

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employee benefit fund assets and mail fraud in connection with a fraud committed on various employee pension, welfare, training and other benefit funds in relation to construction of a training facility by the Local 66 training program. This fraud occurred in connection with and during LaBarbara's tenure as business manager of Local 66 and continued after the date of his resignation from that position. A trial date has not been set for Michael LaBarbara, Jr.'s latest indictment.

O. GENNARO LANGELLA, also known as "Gerry Lang," was, at various times material hereto, a cape, underboss or acting boss of the Colombo LCN family. Gennaro Langella has a criminal record which includes convictions for attempted robbery in 1962and criminal contempt in 1977. In 1986, in the case of United States v. Carmine Persico. et al., No. S84Cr.809(02) JFK, in the United States District Court for the Southern District of New York, Gennaro Langella was convicted of RICO and RICO conspiracy, extortion, and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 12 through 19 below. On November 17,1986, Langella was sentenced to serve sixty-five years in prison (See attached Exhibit 9). Langella's conviction was affirmed in United States v. Persico, 832 F.2d 705 (2d Cir.1987), cert. denied, 488 U.S. 982 (1988). In 1986, in the case of United States v. Anthony Salerno. et al., No. SSS85-0139-03(RO), in the United States District Court for the Southern District of New York, Gennaro was convicted,

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along with other members of the--LCN-Commission, of RICO and RICO conspiracy, extortion, and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13,1987, Gennaro Langella was sentenced to serve One hundred years in prison and fined $240,000.00 (See attached Exhibit 12).Langella's conviction was affirmed in United States v. Salerno,868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811 (1989). In1987, Gennaro Langella was enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization 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. Langella is currently serving his sentence.

p. ANTHONY D. LIBERATORE was, from 1965 to 1980, the business manager of LIUNA Local 860 located in Cleveland, Ohio. Since at least 1980, Liberatore has been a "made" member of the Cleveland LCN family. In 1980, in the case of United States v. Anthony Liberatore. et al., No. CR79-103, in the United States District Court for the Northern District of Ohio, Anthony D. Liberatore was convicted of bribery of an employee of the Federal Bureau of Investigation, in violation of Title 18,United States Code, Section 201, and on July 17, 1980, was sentenced to serve twelve years in prison (See attached Exhibit67). In 1982, in a separate trial on the same indictment, Liberatore was convicted of RICO and RICO conspiracy relating to acts of bribery and murder

25

committed in furtherance of the affairs of the Cleveland LCN family, in violation of Title 18, United States Code, Sections 1962 (c) and (d). On July 30, 1982, Liberatore was sentenced to serve fourteen years in prison to run concurrently with the sentence in the bribery trial (See attached Exhibit68). Liberatore's convictions were affirmed in United States v. Lanci, 669 F. 2d 391 (6th Cir.), cert. denied, 457 U.S. 1134(1982) and United States v. Licavoli, 725 F. 2d 1040 (6thCir.), cert. denied, 467 U.S. 1252 (1984). On June 14, 1993, in the case of United States v. Anthony D. Liberatore, No.1:92CR184, in the United States District Court for the Northern District of Ohio, Anthony D. Liberatore was convicted of RICO and RICO conspiracy relating to labor bribery in exchange for labor peace and the use of non-union labor and laundering the profits of a narcotics business, as alleged in Racketeering Acts Nos. 106, 107 and 109 below, which crimes were committed while he was in prison. On March 21, 1994, Anthony D. Liberatore was sentenced to serve 120 months in prison (See attached Exhibit 38). Anthony Liberatore is currently serving his sentence.

q. CHESTER J. LIBERATORE was, from 1972 to March 1993,the business manager of LIUNA Local 310, Cleveland, Ohio. Chester J. Liberatore has been at all times material to this complaint an associate of the Cleveland LCN family and operated the affairs of LIUNA Local 310 for the interests of the Cleveland LC.N family. On March 24, 1993, in the United States v. Anthony D. Liberatore. et al., No. 1:92CR184, in the United States District Court for the

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Northern District of Ohio, Chester Liberatore pled guilty to labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 106 and 109below. On May 28, 1993, Chester J. Liberatore was sentenced to serve thirteen months in prison (See attached Exhibit 37).Chester Liberatore is currently serving a period of supervised release.

r. MICHAEL LORELLO was, from at least 1970 until his death in 1987, an International Vice-President of LIUNA and regional manager of the New York-New Jersey Regional Office of LIUNA. Michael Lorello was an associate of the Genovese LCN family and, in October 1975 and at all subsequent General Conventions of LIUNA until 1986, nominated co-conspirator Angelo Fosco to be the General President of LIUNA. After Fosco became the General President, Lorello became the special assistant to Angelo Fosco.

s. GASPAR LUPO was, from at least i974 and continuing until his death in June 1989, the president of the LIUNA Mason Tenders District Council of Greater New York and Vicinity (hereafter the "Mason Tenders District Council"), having ascended to that position following the death of his father-in-law Charles Graziano, the previous president of the district council. Gaspar Lupo also served as a Union trustee to the Mason Tenders District Council Trust Funds. Gaspar Lupo was "made" member of the Genovese LCN family and was controlled by, and reported to, Genovese LCN family capo Joseph Loiacono, also known as "Joe Lefty." .Following the death of "Joe Lefty" Loiacono, Gaspar Lupo reported directly to Genovese capo James Messera as well as to Genovese boss, co

27

conspirator Anthony "Fat Tony" Salerno. On June 13, 1989,Gaspar Lupo died of natural causes and was replaced as president of the Mason Tenders District Council by his son Frank Lupo, then the business manager of the district council.

t. LOUIS ANTHONY MANNA, also known as "Bobby Manna," was, from at least 1980 to until 1990, the consigliere of the Genovese LCN family and the principal leader of Genovese family activities in Northern New Jersey. In 1989, in the case of United States v. Louis Anthony Manna, Case No. 88-239, in the United States District Court for the District of New Jersey, Louis Anthony Manna was convicted of RICO and RICO conspiracy involving conspiracy to murder in aid of racketeering, conspiracy to commit labor bribery involving LIUNA Local 21,Jersey City, New Jersey, and other offenses, as alleged in Racketeering Acts Nos. 38 through 53 below. On September 26,1989, Manna was sentenced to serve eighty years in prison and to pay a fine of $250,000 (See attached Exhibit 15). Manna's conviction was affirmed without opinion in United States v. Manna, 919 F. 2d 733 (3d Cir. 1990), cert. denied, 499 U.S. 949(1991). Louis Anthony Manna sometimes traveled to Chicago, Illinois for the purpose of conducting business which the Genovese family had with the Chicago LCN family. Manna is currently serving his sentence.

u. JAMES MESSERA was, from 1989 to the present, a capo in the Genovese LCN family. In 1989 and 1990, he was a business agent of LIUNA Local Union 104, New York City and a delegate to the Mason Tenders District Council. On November 20, 1990 in the case of

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United States v. James Messera United States v. James Messera, No. Cr. 90-00483-01(CSH), in the United States District Court for the Southern District of New York, James Messera pled guilty to RICO conspiracy, which conspiracy involved, in part, a conspiracy to extort a business employing members of LIUNA, as alleged in Racketeering Act No.101 below. On February 13, 1991, Messera was sentenced to serve thirty-seven months in prison (See attached Exhibit 32). On April 8, 1993, in the case of United States v. James Messera, No. SS92CrO749-04(JES), in the United States District Court for the Southern District of New York, James Messera pled guilty to RICO conspiracy involving a multi-million dollar embezzlement of the funds of the Mason Tenders District Council Trust Funds, as alleged in Racketeering Acts Nos. 102 and 103 below. On December 20, 1993, James Messera was sentenced to serve twenty-four months in prison (See attached Exhibit 35). Messera is currently serving his sentence.

v. ROCCO J. NAPOLI was, at all times material hereto, an associate of the Genovese LCN family and the son of James Napoli, a close associate of the Genovese family. From at least1973 to the summer of 1988, the Rocco J. Napoli was the business manager of LIUNA Local 21 located in Jersey City, New Jersey. In 1989, in the case of United States v; Louis Anthony Manna. et al., Criminal No. 88-239, in the United States District Court for the District of New Jersey, Rocco J. Napoli was convicted of RICO, RICO conspiracy and labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 38 through 53 below. On September 26, 1989, Napoli was sentenced to serve seventy-five

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months in prison and to pay a fine of $25,000(See attached Exhibit 16). Napoli's conviction was affirmed without opinion in United States v. Manna, 919 F. 2d 733 (ad Cir. 1990), cert. denied, 499 U.S. 949 (1991). For a period of time following Napoli's indictment and removal from his position as business manager of LIUNA Local 21, he continued to exercise influence in the affairs of Local 21 and was given the use of a 1989Jaguar automobile by LIUNA Local 21. Napoli is currently serving his sentence.

w. RAYMOND L .S. PATRIARCA was, from at least 1970 to the time of his death on July 11, 1984, the boss of the New England LCN family. Raymond L. S. Patriarca controlled the activities of a high ranking international official of LIUNA. Raymond L. S. Patriarca aided, abetted, counseled, commanded, induced and procured the commission of various of the Racketeering Acts set forth below.

x. CARMINE PERSICO, also known as "Junior" or "the Snake," was, at all times material hereto, the boss of the Colombo LCN family. In 1986, in the case of United States v. Carmine Persico. et al., No. S84 Cr 809 (01) JFK, in the United States District Court for the Southern District of New York, Carmine Persico was convicted of RICO, RICO conspiracy, extortion and bribery in relation; in part, to labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 12 through 19 below. On November 17, 1986, Carmine Persico was sentenced to serve thirty-nine years in prison (See attached Exhibit 10). Persico's conviction was affirmed in United States v. Persico,832 F. 2d 705 (2d Cir. 1987)cert. denied' 486 U.S. 1022

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(1988).In 1986, in the case of United States v. Anthony Salerno. et al., No. SSS85-0139-02(RO), in the United States District Court for the Southern District of New York, Carmine Persico was convicted, along with the other members of the LCN Commission, of RICO and RICO conspiracy relating to extortion and labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20through 37 below. On January 13, 1987, Carmine Persico was sentenced to serve one hundred years in prison to be served concurrently with the sentence imposed in United States v. Persico, supra (See attached Exhibit 13). Persico's conviction was affirmed in United States v. Salerno, 868 F. 2d 524 (2dCir.), cert. denied, 493 U.S. 811 (1989). In 1987, Carmine Persico was permanently enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization 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. Persico is currently serving his sentence.

y. ALFRED PILOTTO was, from at least 1970 to 1982, the president of LIUNA Local 5, located in Chicago Heights, Illinois. From 1975 to 1982, Pilotto also served as a special international representative of LIUNA and vice-president of the Chicago Laborers' District Council. From at least 1970 to 1982,Alfred Pilotto was a capo in the Chicago LCN family. 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, Alfred

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Pilotto 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, as alleged in Racketeering Acts Nos. 2, 4, and 5 below. On September 14,1982, Pilotto was sentenced to serve twenty years in prison(See attached Exhibit 3). Pilotto's conviction was affirmed in United States v. Chorale, 806 F. 2d 1487 (11th Cir. 1986),cert. denied, 483 U.S. 1021 (1987). Pilotto is currently on parole.

z. JOHN M. RIGGI was, from at least 196S to 1986, the business manager of LIUNA Local 394, located in Elizabeth, New Jersey. Following his retirement as business manager of Local394 in 1986, Riggi served as the president of Laborers' District Council 30, Union County, New Jersey, until 1990. From at least 1980 to at least 1989, John M. Riggi was the acting boss of the DeCavalcante LCN family and in this capacity had a relationship with the Genovese family with respect to his conduct of the affairs of Local 394 as well as other matters. On May 15, 1992, in the case of United States v. John M. Riggi, No. Cr. 89-00380-01, in the United States District Court for the District of New Jersey, John M. Riggi pled guilty to extortion and labor bribery involving LIUNA Local 394, as alleged in Racketeering Acts Nos. 54 through 61 below. On June18, 1992, Riggi was sentenced to serve twelve years in prison and to pay a fine of $25,000 (See attached Exhibit 18). Also, on May 15, 1992, in the case of State of New Jersey v. John M. Riggi, No. 91-03-0050-S, in the New Jersey Superior Court for Union County, John M. Riggi pled guilty to charges of theft by

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extortion in the second degree. On July 10, 1992, Riggi was sentenced to serve twelve years in prison to run concurrently with his federal sentence. Even though Riggi is currently serving his sentence, he still influences the affairs of LIUNA local unions in Northern New Jersey.

aa. JOSEPH P. ROSATO was, at various times material hereto, a steward in LIUNA Local 210, Buffalo, New York, and beginning in approximately 1984, was a "made" member of the Buffalo LCN family. From approximately 1985 to 1988, Rosato was an executive board member of Local 210. In 1991, in the case of United States v. Joseph Rosato, No. CR 88 00066-01, in the United States District Court for the Western District of New York, Joseph P. Rosato pled guilty to receiving unlawful payments from an employer of LIUNA Local 210 members in relation to having a no-show steward's position, as alleged in Racketeering Act No. 97B below. On July 12, 1991, Rosato was sentenced to serve four years' probation (See attached Exhibit28). Rosato is currently on probation.

ab. ANTHONY SALERNO, also known as "Fat Tony," was, from at least 1981 up to 1988, held out as the boss of the Genovese Family. In 1987, in the case of United States v. Anthony Salerno. et al., No. SSS85-0139-01 (RO), in the United States District Court for the Southern District of New York, Anthony Salerno was convicted, along with other members of the LCN Commission, of RICO and RICO conspiracy relating, in part, to extortion and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged or

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in Racketeering Acts Nos. 20 through 37 below. In 1987, Salerno was sentenced to serve one hundred years in prison and to pay a fine of $240,000 (See attached Exhibit 84). Salerno's conviction was affirmed in United States v. Salerno, 868 F. 2d524 (2d Cir.), cert. denied, 493 U.S. 811 (1989). In 1987,Anthony Salerno was .

ac. DANIEL G. SANSANESE, JR., has been a "made" member of the Buffalo LCN family since at least 1973. Beginning in approximately April 1973, Daniel G. Sansanese, Jr., became a business agent of LIUNA Local 210, Buffalo, New York. In approximately June 1973, Sansanese became the secretary-treasurer of LIUNA Local 210 on the instructions of the leaders of the Buffalo LCN family. In approximately 1978, Daniel G. Sansanese, Jr., resigned as secretary-treasurer of LIUNA Local210 on instructions from leaders of the Buffalo LCN family and, in approximately 1983, returned to the position of secretary-treasurer and occupied that position until his retirement sometime in 1994. Sansanese aided, abetted, counseled, commanded, induced and procured the conduct alleged as Racketeering Acts 95 through 97B below.

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ad. SALVATORE SANTORO, also known as "Tom Mix," was, from at least 1980 to 1987, the underboss of the Luchese LCN family. In 1987, in the case of United States v. Anthony Salerno, et al., No. SSS 85 Cr. 0139 (RO), in the United States District Court for the Southern District of New York, Salvatore Santoro was convicted, along with other members of the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20through 37 below. Santoro's conviction was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert. denied, 493U.S. 811 (1989). On January 13, 1987, Santoro was sentenced to serve one hundred years in prison. In 1987, Salvatore Santoro was permanently barred from participating in any way in the affairs of, or having any dealings with any officer or employee of, any labor organization 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. Santoro is currently serving his sentence.

ae. RALPH SCOPO was, from 1979 to 1986, the business manager of LIUNA Local 6A and president of the Cement and Concrete Workers District Council of Greater New York and Vicinity of the Laborers' Union. Ralph Scopo died in prison in March 1993. At all times material hereto, Scopo was a "made" member of the Colombo LCN family. 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

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for the Southern District of New, York, Ralph Scopo was convicted of RICO and RICO conspiracy involving multiple acts of extortion and labor bribery in exchange for labor peace and the use of non-union labor, while Scopo was president of the LIUNA Cement and Concrete Workers District Council, in violation of Title 18,United States Code, Sections 1962(c) and (d) and 1951 and Title29, United States Code, Section 186(b). On October 14, 1987,Scopo was sentenced to serve fifteen years in prison. In 1986,in the case of United States v. Anthony Salerno. et al., No. SSS85 Cr. 0139(RO), in the United States District Court for the Southern District of New York, Ralph Scopo was convicted, along with the various members of the LCN Commission, of RICO and RICO conspiracy relating, in part, to extortion and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20 through 37below. On January 13, 1987, Scopo was sentenced to serve one hundred years in prison to run concurrently with the sentence in the Persico case (See attached Exhibit 88). Scopo's conviction in case No. SSS 85-0139 was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811(1989). Scopo's conviction in case No. S 84-809 was affirmed in United States v. Scoot, 861 F. 2d 339 (2d Cir. 1988), cert. denied, 490 U.S. 1048 (1989). Because of the activities of Ralph Scopo, in 1991, the Cement and Concrete Workers District Council consented to be placed under the supervision of a court appointed trustee in the case of United States v. Local 6A.LIUNA,et al., Nos-86 Civ. 4819(VLB)

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in the United States District Court for the Southern District of New York. In addition Ralph Scopo, Jr., and the late Joseph Scopo, both sons of Ralph Scopo and "made" members of the Colombo LCN family, were barred from participating in the affairs of any labor organization in the case of United States v. Local 6A LIUNA. et al., supra.

af. VINCENT SOLANO was, from at least 1977 to the date of his death on November 16, 1992, a capo in the Chicago LCN family. He also was the president of LIUNA Local 1, Chicago, Illinois, from at least 1977 to the time of his death. Beginning in approximately 1982, Vincent Solano had the responsibility, on behalf of the LCN, to control the actions!of co-conspirator Angelo Fosco with respect to Angelo Fosco's actions, decisions, and other matters relating to LIUNA. In addition to being the president of LIUNA Local 1, Vincent Solano also directed illegal gambling and vice activities on the near North side of Chicago, Illinois on behalf of the Chicago LCN family

 

ag. JOSEPH A. TODARO, SR., has, at all times material hereto, been a member of the Buffalo LCN family. Since a point in time between 1981 and 1985, Joseph Todaro, Sr., has been the boss of the Buffalo LCN family and dictates the affairs of LIUNA Local 210, despite the fact that he has never held an office or position in the union and has never had an official connection with the union.

ah. JOSEPH A. TODARO. JR., the son of Joseph A. Todaro, Sr., was a business agent of LIUNA Local 210, Buffalo, New York,

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from approximately 1978 to 1990. At all times material hereto, Joseph A. Todaro, Jr., has been a "made" member of the Buffalo LCN family and, since approximately 1985, has been the underboss of the Buffalo LCN family. He participates in ensuring that the dictates of the Buffalo LCN family are carried out in the actions, decisions and other activities of Local 210. Joseph A. Todaro, Jr., aided, abetted, counseled, commanded, induced and procured the conduct alleged as Racketeering Acts 92 through 94 below.

ai. SALVATORE TRICARIO was the vice president of LIUNA Local 767, West Palm Beach, Florida, from approximately 1965 to June 1982 and, at all times material hereto, was an associate of the Trafficante LCN family. 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, Salvatore Tricario was convicted of RICO conspiracy by agreeing to receive kickbacks involving the sale of insurance plans to LIUNA-related benefit funds, as alleged in Racketeering Acts Nos. 3 and 5 below. On September 14, 1982,Tricario was sentenced to serve twelve years in prison (See attached Exhibit 4). Tricario's conviction was affirmed in United States v. Caporale, 806 F. 2d 1487 (11th Cir. 1986),cert. denied, 483 U.S. 1021 (1987). Tricario is currently on parole.

aj. SANTO TRAFFICANTE was, from at least 1970 until the time of his death on March 17, 1987, the boss of the Trafficante LCN family located in Tampa, Florida. Santo Trafficante aided, abetted, counseled, commanded, induced and procured the commission

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of offenses relating to the acceptance of kickbacks for the sale of insurance, as alleged in Racketeering Acts Nos. 2through 5 below.

ak. MATTHEW MICHAEL TRUPIANO, JR., is the boss of the St. Louis LCN family and is a member of LIUNA Local 110, St. Louis, Missouri. He was the president of Local 110 from the early 1970's until April 1992, when he was defeated for reelection. Trupiano was placed in his LIUNA position by his uncle, Anthony Giardano, then boss of the St. Louis LCN family. In 1986, in the case of United States v. Matthew Trupiano, No.84-137Cr (01), in the United States District Court for the Eastern District of Missouri, Matthew Michael Trupiano, Jr., was convicted of conducting an illegal gambling business, in violation of Title 18, United States Code, Section 1955 (See attached Exhibit 41). On May 23, 1986, Trupiano was sentenced to serve four years in prison. Trupiano's conviction in case No. 84-137Cr (01) was affirmed in United States v. Parrino, 816F. 2d 414 (8th Cir. 1987). In 1992, in the case of United States v. Matthew Trupiano, No. S1-91-211CR(6), in the United States District Court for the Eastern District of Missouri, Matthew Michael Trupiano, Jr., was again convicted of conducting an illegal gambling business, in violation of Title18, United States Code, Section 1955 (See attached Exhibit 42).On January 15, 1993, Matthew Michael Trupiano, Jr., was sentenced to serve thirty months in prison. Trupiano's conviction in case No. 91-211 Cr. (6) was affirmed in United States v. Trupiano, 11 F. ad 769 (8th Cir. 1993). Trupiano is currently serving his sentence.

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al. PETER VARIO, also known--as "Butch" was an organizer from 1978 until February 1983 for LIUNA Local 66, Long Island, New York. In February 1983, Peter Vario was elected vice president of Local 66 and appointed funds administrator for Local 66. Peter Vario was also a delegate to the Mason Tenders District Council. At all times material hereto, Peter Vario also was a "made" member of the Luchese LCN family and, along with Michael LaBarbara, Jr., represented the interests of the Luchese LCN family in the affairs of Local 66 and the Mason Tenders District Council. Vario is the nephew -of deceased Luchese LCN family capo Paul Vario, Sr. In1990, in the case of United States v. Peter Vario. et al., No. CR88-00719(S), in the United States District Court for the Eastern District of New York, Peter Vario was convicted of RICO conspiracy relating to multiple acts of labor bribery from employers of LIUNA Local 66 members in return for labor peace and the use of non-union labor during the period 1980 through 1986, while Vario was serving as an officer and employee of Local 66, as alleged in Racketeering Acts Nos. 64 through 87 below. On June 26, 1990, Peter Vario was sentenced to serve forty-six months in prison and to pay a fine and costs of imprisonment in the amount of $105,660 and forfeiture of$88,300 (See attached Exhibit 24). Vario's conviction was affirmed in United States v. Vario, 943 F.2d 236 (2d Cir. 1991), cert. denied, U.S. _ , 112 S.Ct. 882 (1992). Peter Vario is currently serving his sentence.

am. PETER A. VARIO, also known as "Butch," was, from 1984 to 1989, the business manager of Mason Tenders Local 46 of LIUNA,

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Queens, New York, having ascended to that position following the death of his father Tom Vario, the former business manager of Local 46. Peter A. Vario is the nephew of now deceased Luchese LCN family cape, Paul Vario, Sr., and first cousin of PETER "Jocko" VARIO and, at all times material hereto, was an associate of the Luchese LCN family. In 1988, in the case of United States v. Basil Robert Cervone. et al., No. CR 87-579(S)-4, in the United States District Court for the Eastern District of New York, Peter A. Vario was convicted along with Basil Robert Cervone, Sr., business manager of LIUNA Local 13and a Genovese LCN family associate, of RICO conspiracy relating to labor bribery in exchange for labor peace and the use of non-union labor while he was business manager of Local46, as alleged in Racketeering Acts Nos. 98 through 100 below. On June 9, 1989, Peter A. "Butch" Vario was sentenced to serve three and one half years in prison and ordered to pay a fine of$70,000.00 and forfeiture of $4,433.00 (See attached Exhibit30). Vario's conviction was affirmed in United States v. Cervone, 907 F.2d 332 (2d Cir. 1990), cert. denied, Bernesserv. United States, 498 U.S. 1028 (1991). Peter A. Vario has been released from prison and is currently on parole.

VII
THE ENTERPRISE

15. 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,- Nave constituted an

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"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, various entities at all levels within 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.

VIII

COUNT ONE
VIOLATION OF TITLE 18. UNITED STATES CODE. SECTION 1962(b)

16. 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, the co-conspirators identified in Paragraph 14above and others whose names are both known and unknown 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 27 through 75below, in violation of Title 18, United States Code, Sections1962(b) and 2.

17. The Enterprise: Paragraph 15 above is incorporated by reference and realleged as if fully suet forth herein.

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18. Methods and Means: The co-conspirators named in Paragraph 14 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:

a. Selection of Officers to Control LIUNA: a. Selection of Officers to Control LIUNA: LCN control of LIUNA is demonstrated by its influence in the selection of officers at every level of the union as illustrated by the facts set forth below:

43

44

45

46

47

48

49

50

52

53

b. Acts of Violence to Control LIUNA: LCN has used violence to perpetuate its control and intimidate the members of LIUNA, including, but not limited to, the following examples:

54

55

c. Appointment and Retention of Corrupt LIUNA Officials to Control LIUNA: Various entities at all levels of LIUNA have repeatedly approved the appointment of persons with known criminal histories or organized crime ties to union offices and union employment and have allowed corrupt officials to remain in office, as is illustrated by the following examples:

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57

58

59

60

61

62

63

64

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d. Use of Election and Other Internal Procedures to Control LIUNA: LCN control of LIUNA exists on many levels. While at 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 facilitates 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 referred to as "THE EDGE"),"Like other unions influenced by

66

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:

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68

69

71

72

73

74

75

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e. Crony and Nepotism in LIUNA: e. Crony and Nepotism in LIUNA: One of the principal objectives of the LCN in perpetuating its control of any labor organization is to ensure that its members, associates and relatives have ostensibly legitimate employment. Nepotism and cronyism in the selection of officials and the hiring of employees by a labor organization facilitates illicit control of that organization will be maintained and perpetuated. The following examples, among others, illustrate the coconspirators' use of nepotism and cronyism to achieve those objectives:

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78

79

80

81

82

83

84

IX

COUNT TWO
CONSPIRACY TO VIOLATE
TITLE 18. UNITED STATES CODE SECTION 1962(b)

19. Conspiracy to Acquire and Maintain Control of LIUNA: From at least the late 1960's and continually up to and including the

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date of the filing of this complaint; in the Northern District of Illinois and elsewhere the co-conspirators named in Paragraph 14 above did unlawfully, knowingly and intentionally combine, conspire, confederate and agree together with each other 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 27through 75 below, in violation of Title 18, United States Code, Section 1962(d).

20. The Enterprise and Manner and Means: Paragraphs 7through 10 and 15 through 18 above are incorporated by reference and realleged as if fully set forth herein.

21. Each of the co-conspirators named in Paragraph 14agreed that at least two of the racketeering acts alleged in paragraphs 27 through 75 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.

X

COUNT THREE
VIOLATION OF TITLE 18. UNITED STATES CODE SECTION 1962(c)

22. Conducting the Affairs of the Enterprise Through a Pattern of Racketeering Activity: From at least the late 1960'sand continuing up to and including the date of the filing of this

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complaint, in the Northern District of Illinois and elsewhere, Louis Casciano, James B. Castaldo, John Catanzaro, 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 M. 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 27 through 75 below, which are incorporated by reference and realleged as if fully set forth herein, in violation of Title 18, United States Code, Sections1962 (c) and 2.

23. The Enterprise and Manner and Means: Paragraphs 7 through 10 and 15 through 18 above are incorporated by reference and realleged as if fully set forth herein.

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XI

COUNT FOUR
CONSPIRACY TO VIOLATE
TITLE 18. UNITED STATES CODE. SECTION 1962 (cTITLE 18. UNITED STATES CODE. SECTION 1962 (c)

24. 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, each of the co-conspirators named in paragraph 14 above did unlawfully, knowingly and intentionally combine, conspire, confederate, and agree together with each other 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 the pattern of racketeering activity alleged below, in violation of Title 18, United States Code, Section 1962 (d).

25. The Enterprise and Manner and Mean-: Paragraphs 7 through10 and 15 through 18 above are incorporated by reference and realleged as if fully set forth herein.

26. Each of the co-conspirators named in paragraph 14 agreed that at least two of the racketeering acts alleged in paragraphs 27through 75 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.

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XIIXII

THE PATTERN OF RACKETEERING ACTIVITY

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, each of the co-conspirators named in paragraph 14above, 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 co-conspirators have, a various times 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 i~ en abut on affairs as guaranteed by

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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 29, 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 co-conspirators employed the wrongful use of actual and threatened force, violence and fear of

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physical and economic injury 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 18 above, which is incorporated by reference and realleged as if fully set forth herein.

B. RACKETEERING ACTS RELATED TO CHICAGO AND NEW ENGLAND LCN FAMILY CORRUPTION OF THE CHICAGO LABORERS' DISTRICT COUNCIL, THE SOUTHEAST FLORIDA LABORERS' DISTRICT COUNCIL, THE MASSACHUSETTS LABORERS' DISTRICT COUNCIL, THE RHODE ISLAND LABORERS' DISTRICT COUNCIL, AND LIUNA INTERNATIONAL OFFICIALS, RACKETEERING ACTS NOS. 2 THROUGH 10

a. At all times material to this Racketeering Act, coconspirators Alfred Pilotto and 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 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, Sections1001 et seq.

b. In or about October and November 1975, at Chicago, in the Eastern Division of the Northern District of Illinois, co-conspirators Alfred Pilotto, Angelo Fosco and another high ranking official of LIUNA did knowingly receive, agree to receive, and solicit a fee, kickback, commission, money, and a thing of value, that is, approximately $25,000 from Joseph Hauser, the

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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 relating 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 Insurance 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 1954and 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' Local767 Health and Welfare Trust Fund of Palm Beach County, Florida (the "Local 767 Fund") were "employee welfare benefit plants]" 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 plants]" 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, coconspirators Angelo Fosco was an officer of LIUNA, within the meaning of Title 18, United States Code, Section 1954(a)(3), LIUNA

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being an employee organization some of whose members were covered by the Local 938 Fund, the Local 767 Fund, or the Local666 Fund.

c. At all times material to this Racketeering Act, co-conspirators 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, co-conspirators John Giardiello, Salvatore Tricario, Angelo Fosco an and other officials of LIUNA 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 050,000 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 29.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, coconspirators Angelo Fosco and Alfred Pilotto were officers, agents, and employees of LIUNA, within the meaning of Title 18,United States Code, Section 1954(a)(3),LIUNA being an employee

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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, Sections301 - 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, co-conspirators Alfred Pilotto and 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 $2S,OOO.OO 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 relating 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 and2.

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a. The allegations contained in paragraph 28.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 co-conspirators Alfred Pilotto, John Giardiello, Salvatore Tricario and Angelo Fosco were officers, were covered by the Southeast Florida Laborers' District Council Dental, Vision, and Preventive Care Trust Fund, 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 the Employees Retirement Income Security Act of1974, Title 29, United States Code, Sections 1001 et seq.

c. From in or about June 1972 up to in or about October 1976, co-conspirators Alfred Pilotto, John Giardiello, and Salvatore Tricario, 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 influence with respect to their actions, decisions and other duties relating to questions and matters

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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.

From in or about 1973, the exact date being unknown, up to and including 1976, various persons including a high ranking official of LIUNA, an employee organization within the meaning of 18 U.S.C. Section 1954(a)(3), some of whose members were covered by a particular LIUNA related employee health and welfare fund (hereinafter referred to as Fund No. 1) which was an "employee welfare benefit plan" subject to the Welfare and Pension Plans Disclosure Act, 29 U.S.C. Sections 301-309, until December 31, 1974, and thereafter, the Employees Retirement Income Security Act of 1974, 29 U.S.C. Sections 1001, et seq., did at various places, including the Eastern Division of the Northern District of Illinois, 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 a representative of a life insurance company because of and with the intent to be influenced with respect to his actions, decisions and other duties relating to questions and matters concerning Fund No. 1, that is, the purchase of group life insurance from the life insurance company under a reinsurance agreement with another insurance company did share

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the thing of value they received with one of the co-conspirators identified in Paragraph 14, all in violation of Title 18, United States Code, Sections 1954 and 2.

From in or about 1973, the exact date being unknown to the plaintiff, to in or about 1976, various persons including a high ranking official of LIUNA, an employee organization, within the meaning of 18 U.S.C. Section 1954(a)(3), some of whose members were covered by a two particular related LIUNA health and welfare funds (hereinafter referred to as Funds Nos.2 and 3) 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, Sections301 - 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, Sections1001 et seq., did at various places, including the Eastern Division of the Northern District of Illinois, knowingly receive, agree to receive, and solicit a fee, kickback, commission and thing of value, that is, money in an unknown amount greater than $25,000, a representative of a life insurance company, because of and with intent to be influenced with respect to his actions, decisions, and other duties concerning Funds Nos. 2 and 3, that is, the purchase of group life insurance policies from said life insurance company under a reinsurance agreement with another life insurance company, and they did share the things of value they received with a co-conspirator identified

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in paragraph 14, 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 Racketeering 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., coconspirator Angelo Fosco did wrongfully obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 195'tb)(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

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physical and economic harm, all in violation of Title 18, United States Code, Sections 1951 and 2.

The allegations of subparagraphs a., b., and c. of Paragraph 34. are realleged and incorporated by reference as set forth herein.

b. In or about April 1975, the exact date being unknown, at Washington, D.C. and other places, a high ranking official of LIUNA 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, Section1951(b)(2), in that the official and others 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.

36. Convictions

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, coconspirators Alfred Pilotto, John Giardiello and Salvatore Tricario were convicted of conspiring

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to conduct the affairs often en Surprise, 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. Certified copies of the indictment and relevant judgments of conviction in that case are attached to this complaint as Exhibits1 through 4.

C. RACKETEERING ACT RELATED TO CHICAGO LCN FAMILY CONTROL OF LIUNA LOCAL UNIONS IN ST. LOUIS, MISSOURI,
RACKETEERING ACT NO. 10

From a time prior to November 1, 1979, the exact date being unknown, to on or about November 8, 1979, at St. Louis, Missouri, co-conspirator 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, an act involving murder which is chargeable under the laws of the State of Missouri, Sections562.041, 564.016, 565.001, 56S.004 and 565.008, Revised Statutes of Missouri, and is punishable by imprisonment for more than one year; b. Murder

On or about November 8, 1979, at St. Louis, Missouri, coconspirator 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 Sections 565.001, 565.004, and

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565.008, Revised Statutes of Missouri, and is punishable by imprisonment for more than one year.

In 1987, in the case of United States v. Raymond Flynn, No.8600159CR (1), in the United States District Court for the Eastern District of Missouri, co-conspirator 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.Certified copies of the indictment and relevant judgment of conviction are attached to this complaint as Exhibits 6 and 7.

D. RACKETEERING ACTS RELATED TO COLOMBO LCN FAMILY CONTROL
OF THE CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL,
NEW YORK CITY. RACKETEERING ACTS NOS. 11 THROUGH 18

38. Introduction

a. At all times material to Racketeering Acts Nos. 11through 18, co-conspirator Carmine Persico, also known as "The Snake" or "Junior," was the boss of the Colombo LCN family; coconspirator Gennaro Langella, also known as "Gerry Lang," was a "capo" or the underboss of the Colombo LCN family and, when 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 complaint.

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b. At all times material to Racketeering Acts Nos. 11 through 18, co-conspirator Ralph Scopo, as the president of the LIUNA Cement and Concrete Workers District Council and business manager of LIUNA Local 6A, 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. 11through 18, the construction companies identified in Racketeering Acts Nos. 11 through 18 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 enforced 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

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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 Carmine Persico and Gennaro Langella, used co-conspirator Ralph Scopo and his position as president of the Cement and Concrete Workers 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 nonunion labor. Certain of the payments were given directly to coconspirator Ralph Scopo who kept a portion of the money and gave the remainder to the Colombo LCN family.

39. Racketeering Acts Nos. 11 through 18

From at least 1981 up to and including October 1984, on or about the dates listed below corresponding to each Racketeering Act, in New York, New York and elsewhere, co-conspirators Carmine Persico, Gennaro Langella and Ralph Scopo did wrongfully obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section1951(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 they did obtain, attempt and conspire to obtain the property of the construction companies identified in Racketeering Acts Nos. 11 through 18 below 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, in that they did engage in the conduct described

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in subparagraphs d. and e. of Paragraph 39 above, all in violation of Title 18, United States Code, Sections 1951 and 2.

RACKETEERING
ACT		 APPROXIMATE
DATE		 CONSTRUCTION
COMPANY		 APPROXIMATE
AMOUNT
11 1981 to
April 1984		 Pile Foundation
Company

$16,700
12 November 1983
to May 1984		 Retsam Contracting
Corporation

$ 6,700
13 December 1983
to July 1984		 Alicer Contracting
Company

$ 6,000
14 1982 DeGaetano & Vozzi
Construction Co.

$25,500
15 October 1982
to March 1984		 All-Boro Paving
Company

$24,300
16 January 1983
to September 1984		 Cederic Construction
Company

$25,000
17 November 1983
to March 1984		 Daval Construction
Company

$ 2,000
18 March 12, 1984 Technical Concrete
Construction Corp

$29,900

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"), Carmine Persico and Gennaro Langella were convicted of participating in, and conducting the affairs of, an 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

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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. 11 through 18of this complaint as if fully set forth herein. Certified copies of the indictment, redacted indictment and relevant judgments of conviction are attached to this complaint as Exhibits 8, 8R, 9 and 10.

E. RACKETEERING ACTS INVOLVING THE LCN COMMISSION'S USE OF THE LIUNA CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL TO CORRUPTLY EXTORT AND CONTROL CEMENT WORK IN NEW YORK CITY, RACKETEERING ACTS NOS. 19 THROUGH 36

a. At all times material to Racketeering Acts Nos. 19through 36, 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; co-conspirator Carmine Persico, also known as "The Snake" or "Junior," was the boss of the Colombo LCN family; co-conspirator Gennaro Langella, also known as" Gerry Lang," was a "cape" or underboss of the Colombo LCN family and, when 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. 19through 36, co-conspirator Ralph Scopo, as the president of the LIUNA District Council of Cement and Concrete Workers and business manager of LIUNA Local 6A, 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. 19 through 36, the construction companies identified in Racketeering Acts Nos. 19 through 36 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

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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, Salvatore Santoro, 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.

a. Hobbs Act Offenses Racketeering Acts Nos. 19 through 30

From at least August 1981 up to and including April 1984,on or about the dates listed below corresponding to each racketeering

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act, in New York City and elsewhere, co-conspirators Gennaro Langella, Carmine Persico, 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, Section1951(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 co-conspirators did obtain, attempt and conspire to obtain the property of the construction companies identified in paragraph 43. c. below with their consent having been induced 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 coconspirators did engage in the activity described in paragraphs 42. a., b., c., d., and e. above, all in violation of Title 18, United States Code, Sections 1951 and 2.

From at least August 1981 up to and including April1984, on or about the dates listed below corresponding to each of Racketeering Acts Nos. 31 through 36, in New York City and elsewhere, co-conspirators Gennaro Langella, Carmine Persico, Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro, Ralph Scopo and others did unlawfully and wilfully request, demand, receive, accept, and agree to receive and accept the payment of money from the construction companies identified in paragraph 43.c. below and persons acting in their interest, in the

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approximate amounts specified below corresponding to each of Racketeering Acts Nos. 31 through 36, all in violation of Title29, United States Code, Section 186(b)(2) and (d) and Title 18,United States Code, Section 2.

Racketeering
Acts		 Dates Construction
Company		 Approximate
Amount
19 & 31 August 1981 XLO Concrete Corp

$136,000.00
20 & 32 May 1983 XLO Concrete Corp

$326,000.00
21 & 33 April 1984 XLO Concrete Corp

$157,000.00
22 & 34 March 1984 Century Maxim
Construction Co

$177,800.00
23 & 35 April 1983 Technical Concrete
Construction Corp

$70,600.00
24 & 36 April 1984 Technical Concrete
Construction Corp

$65,000.00
25 March 1982 Cedar Park
Concrete Corp

$ 73,000.00
26 April 1982 Northberry
Concrete Corp

$134,000.00
27 Sept 1982 G&G
Concrete Corp

$117,000.00
28 May 1984 S&A Structures, Inc.

$ 95,000.00
29 August 1984 S&A Concrete
Corporation, Inc

$ 84,000.00
30 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

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for the Southern District of New York, coconspirators Gennaro Langella, Carmine Persico, Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro and Ralph Scopo were convicted of participating 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. 19 through36, respectively, of this complaint as if fully set forth herein. Certified copies of the relevant indictment and judgments of conviction are attached to this complaint as Exhibits 11 through 13.

F. RACKETEERING ACTS RELATED TO CORRUPTION OF LIUNA LOCAL UNION 21 BY THE GENOVESE LCN FAMILY IN NORTHERN NEW JERSEY,
RACKETEERING ACTS NOS. 37 THROUGH 52

a. At all times material to Racketeering Acts Nos. 37through 52, 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.

110

b. At all times material to Racketeering Acts Nos. 37 through 52, Rocco J. Napoli was the business manager of Local 21.

c. At all times material to Racketeering Acts Nos. 37 through S2, 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 Rocco J. Napoli in the performance of his actions, decisions and other duties with respect to the affairs of Local 21.

45. Racketeering Acts Nos. 37 through 51

From in or about January 1977 and continuously thereafter up to and including April 1988, in Jersey City, New Jersey and elsewhere, Rocco J. Napoli, being an officer and employee of LIUNA Local 21,and others, aided, abetted, counseled, commanded, induced, and procured by Louis Anthony Manna, also known as "Bobby Manna," did commit multiple acts in which Rocco J. Napoli did unlawfully and wilfully request, demand, receive, accept, and agree to receive and accept sums of money and things of value from employers and persons acting in the interests of said employers, all in violation of Title 29, United States Code, Section 186(b) (1) and (d) and Title18, United States Code, Section 2, as alleged in Racketeering Acts5 and 7 through 20 in Count One of the redacted Manna Indictment, which are incorporated by reference and realleged as Racketeering Acts Nos. 37 through 51, respectively, of this complaint as if fully set forth herein.

111

46. Racketeering Act No. 52

From in or about March 1987 and continuously thereafter up to and including April 1988, in Jersey City, New Jersey and elsewhere Rocco J. Napoli, aided, abetted, counseled, commanded, induced and procured by Louis Anthony Manna, did commit an act in which 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(b) (2), all in violation of Title 18, United States Code, Sections 1951 and2, 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. 52 of this complaint as if fully set forth herein.

47. Convictions

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), 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, through 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.37 through 51 and

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Racketeering Act 4 of the redacted Manna Indictment which is realleged herein as Racketeering Act No. 52. 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.

G. RACKETEERING ACTS RELATED TO DE CAVALCANTE LCN FAMILY
CONTROL OF LIUNA LOCAL UNIONS IN NORTHERN NEW JERSEY,
RACKETEERING ACTS NOS. 53 THROUGH 62

48. Introduction - Racketeering Acts Nos. 53 through 60

a. At all times material to Racketeering Acts Nos. 53through 60, 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. 53through 60, John M. Riggi was the acting boss of the DeCavalcante LCN family and the business manager of Local 394.

49. Racketeering Act No. 53

a. From approximately late 1980 and continuously thereafter up to and including August 1985, in Elizabeth, New Jersey and elsewhere, 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), a. From approximately late 1980 and continuously thereafter up to and including August 1985, in Elizabeth, New Jersey and elsewhere, 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

 

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of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section l951(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 induced 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 Indictments), which count is incorporated by reference and realleged as Racketeering Act No. 53 of this complaint as if fully set forth herein.

50. Racketeering Acts Nos. 54 through 60

a. From on or about November 5, 1985, to on or about January 15, 1987, in Elizabeth, New Jersey and elsewhere, John M. Riggi, being an officer and employee of Local 394, did commit multiple acts in which he did unlawfully and wilfully 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-Four, Twenty-Five, Thirty; and Thirty-One of the

114

Riggi Indictment, which counts are herein incorporated by reference and realleged as Racketeering Acts Nos. 54 through 60of this complaint as if fully set forth herein.

b. Conviction

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, John M. Riggi pled guilty to Counts 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. 54through 61, respectively, as if fully set forth herein. 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.

51. Racketeering Acts Nos. 61 and 62

a. At all times material to Racketeering Acts Nos. 61and 62, Hazardous Waste Removal Local 1030 of LIUNA ("Local1030"), 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. 61 and 62, James J. Gallo and James B. Castaldo were officers and employees of Local 1030, that is, business agent and business manager, respectively.

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c. On or about the dates corresponding to each of Racketeering Acts Nos. 61 and 62 in New Jersey and elsewhere, James J. Gallo and James B. Castaldo did unlawfully and wilfully 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 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 Date Amount
61 July 13, 1992 $S0,000
62 September 3, 1992 $20,000


d. Convictions

In 1993, in the case of 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 co-conspirators 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. 61 and 62 of this complaint as if set forth herein. Certified copies of the relevant indictment

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and the relevant judgments of conviction are attached to this complaint as Exhibits 19 through 21.

H. RACKETEERING ACTS RELATED TO LUCHESE LCN FAMILY CONTROL
OF LIUNA LOCAL UNION 66, LONG ISLAND, NEW YORK,
RACKETEERING ACTS NOS. 63 THROUGH 90

52. Introduction

At all times material to Racketeering Acts Nos. 63 through 90:

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 descants Construction #2 Corporation, each of whose employees were employed in an industry affecting commerce.

b. Peter Vario, also known as "Jocko," was the vice-president and an officer, member and employee of Local 66and a member of the Luchese LCN family.

c. Michael LaBarbara, Jr., was the business manager and an officer, member and employee of Local 66 and a member of the Luchese LCN family.

53. Racketeering Acts Nos. 63 through 80

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, Peter Vario, also known as "Jocko," did commit multiple acts in which he did unlawfully and wilfully request, demand, receive, and

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accept and agree to receive and accept delivery of money and other things of value from Spartan Concrete Corporation and from 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 Acts1 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. Peter 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. 63 through80, respectively, of this complaint as if fully set forth herein.

54. Racketeering Act No. 81

On or about September 30, 1985, in Nassau and Suffolk Counties, New York, Michael LaBarbara, Jr., and Peter Vario, also known as "Jocko," did unlawfully and wilfully request, demand, receive, accept and agree to receive and accept sums of money, that is, approximately $5,500, from Spartan 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 18 of Count One and in Count Eleven of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Act No. 81 of this complaint as if fully set forth herein.

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55. Racketeering Acts Nos. 82 through 85

From in or about December 1981 to in or about December 1983, in Nassau and Suffolk Counties, New York, Peter Vario, also known as "Jocko," did commit multiple acts in which he did unlawfully and wilfully request, demand, receive, accept and agree to receive and accept property 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 Acts 20 through 23 of Count One and in Count Thirteen of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Acts Nos. 82 through 84,respectively, of this complaint as if fully set forth herein.

56. Racketeering Act No. 86

In or about December 1984 in Nassau and Suffolk Counties, New York, 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. 86 of this complaint as if fully set forth herein.

57. Racketeering Act No. 87

On or about December 21, 1987, in Nassau and Suffolk Counties, New York, Michael LaBarbara, Jr., did unlawfully andwilfully 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.87 of this complaint as if fully set forth herein.

58. Racketeering Act No. 88

In or about 1985, in Nassau and Suffolk Counties, New York, Michael LaBarbara, Jr., did unlawfully and wilfully 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 acting 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 Act55 of Count One and in Count Forty-Four 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.

59. Racketeering Act No. 89

In or about December 1987, in Nassau and Suffolk Counties, New York, Michael LaBarbara, Jr., did unlawfully and wilfully request, demand, accept, receive and agree to Receive and accept the

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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. 89 of this complaint as if fully set forth herein.

60. Racketeering Act No. 90

On or about December 18, 1987, in Nassau and Suffolk Counties, New York, Michael LaBarbara, Jr., did unlawfully and wilfully request, demand, receive, accept and agree to receive and accept sums of money, that is, $2000, from DeSantis Construction #2Corporation 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. so of this complaint as if fully set forth herein.

61. Convictions

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, Michael LaBarbara, Jr., pled guilty to Counts Eleven, Fourteen, Twenty-Nine, Forty-Four, Fifty-Two and Fifty-Six of the Vario Indictment which constitute

121

Racketeering Acts Nos. 81 and 86 through 90 of this complaint

b. In 1990, in the case of United States v. Peter Vario. et al., No. CR 88-00719 (S)-O1 (JM), in the United States District Court for the Eastern District of New York, Peter Vario, also known as "Jocko," was convicted of conspiring with 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 names are both known and unknown to conduct the affairs of an enterprise, that is, the General Building Laborers' Local 66 of LIUNA, through a pattern of racketeering activity which included Racketeering Acts 1 through 17 and 19 of the Vario Indictment which constitute Racketeering Acts Nos. 63through 86 of this complaint.

I. RACKETEERING ACTS RELATED TO BUFFALO LCN FAMILY CORRUPTION
AND CONTROL OF LIUNA LOCAL 210, BUFFALO, NEW YORK,
RACKETEERING ACTS NOS. 91 THROUGH 96B

62. Racketeering Acts Nos. 91 through 93

a. At all times material to Racketeering Acts Nos. 91 through 93, 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. 91through 93, 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 and sought to represent and would

122

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 an industry affecting commerce.

c. At all times material to Racketeering Acts Nos. 91through 93, Gregory and Cook, Inc., whose principal offices were located in 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, John Catanzaro did unlawfully and wilfully 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.91 through 93, which money and benefits John Catanzaro was not entitled 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):

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Racketeering Acts Time Period of Wares Received
91 July 21, 1986 to August 24, 1986
92 August 25, 1986 to December 22,1986
93 April 15, 1987 to June 15, 1987

 

e. Joseph A. Todaro. Jr., did aid, abet, counsel, command, induce and procure and did wilfully cause co-conspirator John Catanzaro to commit Racketeering Acts Nos. 91through 93, 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 thereafter "the Catanzaro Indictment"), co-conspirator JOHN RICHARD CATANZARO pled guilty to Count Two of the indictment, which count is incorporated by reference and realleged as Racketeering Act No. 92 of this complaint as if fully set forth herein. Certified copies of the Catanzaro Indictment and judgment of conviction are attached to this complaint as Exhibits 25 and 26.

a. At all times material to Racketeering Acts Nos. 94through 96B, 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

124

"Balvac"), both of whose employees were employed in an industry affecting commerce.

b. At all times material to Racketeering Acts 94through 96B, 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, co-conspirator Joseph P. Rosato did commit multiple acts in which he did unlawfully and wilfully request, demand, receive, accept, and agree to receive and accept money and things 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 Joseph P. Rosato was not entitled to as legitimate compensation for, or by reason of, his services as an employee of Firstrhyme and Balvac, including his services on behalf of other employees of Firstrhyme and Balvac, all in violation of Title 29, United States Code, Section186(b)(1) and (d):

Racketeering Acts Employer Period for Which Compensated
94 Firstrhyme June 1, 1985 - Dec. 31, 1985
95 Firstrhyme Feb. 15, 1986 - April 30, 1986

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96A Firstrhyme/
Balvac		 June 1, 1986 - Dec. 31, 1986
96B Balvac Oct. 27, 1986 - Oct. 31, 1986


d. Daniel G. Sansanese, Jr., did aid, abet, counsel, command, induce and procure, and did wilfully cause Joseph P. Rosato to commit Racketeering Acts Nos. 94, 95, 96A and 96B, 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"), 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. 96B above. The Rosato Information is incorporated by reference and realleged as Racketeering Act No.96B of this complaint as if fully set forth herein. Certified copies of the indictment, the Rosato Information and the relevant judgment of conviction are attached hereto as Exhibits27, 27S and 28.

J. RACKETEERING ACTS INVOLVING GENOVESE LCN FAMILY CORRUPTION
AND CONTROL OF THE MASON TENDERS DISTRICT COUNCIL OF GREATER
NEW YORK, RACKETEERING ACTS NOS. 97 THROUGH 102.

During the period from on or about January 1,1983 to on or about August 18,1987 Peter A. Vario, also known as " Butch," was the the business manager of LIUNA Local 46, a member local union of the LIUNA Mason Tenders District Council of Greater New York and a

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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"), 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 Local13, 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 Acts46B, 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, 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

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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. 97, 98, and 99, respectively, of this complaint as if fully set forth herein.

67. Conviction

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, Peter A. Vario, also known 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. 97, 97 and 99 of this complaint.

68. Racketeering Act No. 100

From in or about September 1988 until in or about March1989, in New York, New York and elsewhere, 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 induced by the wrongful use of actual and threatened force, violence, and fear,

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including fear of physical and economic harm in violation of Title 18, United States Code, Section 1951.

69. Racketeering Acts Nos. 101 and 102

a. At all times material to Racketeering Acts Nos. 101and 102, 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. 101and 102, 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, Sections1001 et. seq.

c. Racketeering Act 101

On or about November 29 and 30, 1989, the James Messera and another did embezzle, steal and unlawfully and wilfully 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) 393Park Place; 3) 314 Clinton Avenue; 4) 176 Nivens St.; 5) 44Gates Avenue; and 6) 723

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Prospect Place at grossly inflated prices in violation of Title18, United States Code, Sections 664 and 2.

d. Racketeering Act 102

On or about February 6, 1990, James Messera and another did embezzle, steal and unlawfully and wilfully 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.

70. Convictions

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"), 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. 100.In their guilty plea allocations, Louis Casciano admitted that he personally participated in the acts constituting Racketeering Act No. 100, and James Messera admitted personal participation in other racketeering

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acts alleged in the Messera I case. 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"), 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 and the Mason Tenders District Council Trust Funds, through a pattern of racketeering activity. In his guilty plea allocution, James Messera admitted personal participation in the conduct alleged herein as Racketeering Acts Nos. 101 and 102. A copy of the relevant indictment, the Messera II Information and judgment of conviction are attached to this complaint as Exhibit 34, 34S and35.

K. RACKETEERING ACTS RELATED TO CLEVELAND LCN FAMILY CONTROL OF LIUNA LOCALS 310 AND 860,

RACKETEERING ACTS NOS. 103 THROUGH 108

71. Introduction

At all times material to Racketeering Acts Nos. 103 through 108:

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 Ad would admit

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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. Anthony D. Liberatore was the business manager of Local 860 during all of 1978 and 1979.

d. 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.), 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, Section1951, and

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receiving illegal payments, in violation of Title 29, United States Code, Section 186(b)(1) and (d), and other offenses.

72. Racketeering Acts No. 103 and 104

Continuously from in or about July 1984 up to and including in or about January 1989, in Cleveland, Ohio and elsewhere, 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 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 Chester J. Liberatore threatened to withhold performance bonds to which Chester J. Liberatore had no lawful right, claim, or ownership, and which the Biondolillo Construction Company required 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. 103 and 104 of this complaint as if fully set forth herein.

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73. Racketeering Acts Nos. 105 through 108

From in or about October 1978 to in or about December 1988, in Cleveland, Ohio and elsewhere, 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, Section2, as alleged in Racketeering Acts 2C, 3, 4, and s of the Liberatore Indictment, which racketeering acts are incorporated by reference and realleged, respectively, as Racketeering Acts Nos.105 through 108 of this complaint as if fully set forth herein.

74. Convictions

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, 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 Title29, 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. 105, 106 and 108, respectively, of this complaint as if fully set forth herein. On March 21, 1994,

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Anthony D. Liberatore was sentenced to serve 120 months in prison. Certified copies of the relevant indictment and jury verdict form are attached to this complaint as Exhibits 36 and38.

b. In 1993, in the case of United States v. Anthony O. Liberatore. et al., No. 1:92CR184, in the United States District Court for the Northern District of Ohio, 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.105 and 108 of this complaint. A certified copy of the relevant judgment of conviction is attached to this complaint as Exhibit 37.

XIII

THE FAILURE OF LIUNA OFFICIALS
TO SATISFY OBLIGATIONS IMPOSED BY LAW

75. Legal and Ethical Obligations of LIUNA Officials: LIUNA officials 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's 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. LIUNA was 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 27 through 75above as well as numerous other convictions of LIUNA officials as alleged in

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paragraph 77.a. below. In addition, LIUNA was on notice at various times 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, various LIUNA officials 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 legal and ethical obligations. Set forth below is a description of the ethical and legal obligations imposed upon all LIUNA officials:

a. Ethical Obligations Imposed by LIUNA Constitutions:

(1) Pursuant to Article IX, Section 6 of the LIUNA Constitution co-conspirator Angelo Fosco, as General President of LIUNA, was under a duty to investigate subordinate bodies to determine whether the affairs of such subordinate bodies have been conducted in an improvident manner and to take corrective action to remedy such conduct;

(2) Pursuant to Article IX, Section 7 of the LIUNA Constitution, coconspirator Angelo Fosco, as General President of LIUNA, was 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

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District Council Constitution as prescribed by the Constitution (hereafter "the District Council Constitutions), and Article II, Section l(b) of the Uniform Local Union Constitution as prescribed by the Constitution (hereafter "the Local Constitution"), all LIUNA officers 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 LIUNA officers 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 LIUNA officers 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.

b. Ethical Standards of the American Federation of Labor Congress of Industrial Organizations (hereafter "AFL-CIO"): In 1956, LIUNA specifically adopted the ethical standards of the

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AFL-CIO which are set forth in article XII of the Constitution of the AFL-CIO (hereafter "the Ethical Standards"), 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 LIUNA officers from any personal ties with any outside agency doing business with an employee benefit plan.

c. Obligations Imposed by Statute: 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 areas follows:

(1) All LIUNA officers 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 by-laws and any resolutions promulgated thereunder, pursuant to Title 29, United States Code, Section501(a);and

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(2) All LIUNA officers 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 are officials, pursuant to Title 29, United States Code, Section501(a).

76. Notice of Corruption within LIUNA: 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. Public reports issued by federal and state governmental bodies as well as numerous articles appearing in newspapers and periodicals have reported on these prosecutions and the widespread corruption within LIUNA. Despite notice and knowledge of the pervasive lawlessness existing within LIUNA, until December 1994 LIUNA has failed to effectively exercise its supervisory powers to discipline corrupt union officials and to rid LIUNA of domination by organized crime.

a. Convictions of LIUNA Officials: In addition to the convictions sustained by the co-conspirators (paragraph 13)and the convictions mentioned in paragraphs 19 and 83,numerous LIUNA officials listed have been convicted of felonies since 1975. These convictions have created an aura of criminality which denies the LIUNA members the benefits of union membership guaranteed them by law and by the LIUNA Constitution and

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further frustrates members of LIUNA in the exercise of the rights guaranteed them by LMRDA.

b. Reports of Governmental Agencies: Several state and federal governmental authorities have investigated corruption within LIUNA. 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. 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 reported a number of examples of organized crime domination of LIUNA and its affiliated entities.

c. Media Coverage: Governmental commissions are not the only entities that have chronicled La Cosa Nostra control of LIUNA. A number of widespread news media reports have detailed organized crime's presence within LIUNA.

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XV

THE CURRENT STATUS OF LIUNA

77. Various officers and employees of LIUNA 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 actions and failure to act, it is necessary for this Honorable Court to appoint one or more trustees to oversee the operations of LIUNA.

78. 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 78. 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.

79. The members of LIUNA have been injured by these violations 79. 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. 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. Various officers of LIUNA also have prevented and inhibited 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

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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 members of LIUNA that many officers of LIUNA are associated with organized crime figures and seek to maintain the status quo.

80. 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.

XVI
DEMAND FOR RELIEF

WHEREFORE, the United States demands, pursuant to the provisions of Title 18, United States Code, Section 1964, the following relief:

1. That this Honorable Court issue a preliminary injunction which will do the following:

a. Enjoin and restrain the members of the General Executive Board of LIUNA and their successors as members of the Board 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 other criminal group.

c. Appoint one or more court liaison officers for LIUNA whose responsibilities would include the following:

(1) To discharge the duties of the General President, the General Executive Board or any other
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officer, agent, employee or representative of LIUNA under the Constitution which relate to disciplining corrupt or dishonest officers, agents, employees, or members of LIUNA and its subordinate district councils or local unions and where necessary for the purpose of preventing corruption, correcting financial malpractice, or restoring democratic procedures within LIUNA or any of its subordinate bodies, the appointment of temporary trustees to run the affairs of any such subordinate body; provided, however, that in the exercise of these duties, the court liaison officer may petition the Court to be relieved from any provision of the Constitution which impedes or prevents the court liaison officers from disciplining corrupt or dishonest officers, agents, employees or members of LIUNA; and

(2) To review proposed actions of the Board insofar as they may relate to the expenditure of union funds, appointments to union office, changes in the Constitution, the establishment of. new district councils, or the creation of new local unions, and to petition the Court for an Order restraining any such proposed action when the court liaison officer(s) deem it necessary to protect the rights of the members of LIUNA consistent with the provisions of Title 29 of the United States Code and the Constitution, or to prevent

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the perpetuation of LCN or other criminal influence in the affairs of LIUNA or any of its subordinate bodies;

d. Enjoin and restrain the members, officers, agents, administrators, beneficiaries and employees of LIUNA and any of its subordinate bodies, employee benefit funds, and other entities and each of the persons named as a defendant in this complaint from any interference with the court liaison officer(s) in the execution of the duties of the court liaison officer(s); and

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 decree providing for the following:

a. Amending the LIUNA Constitution to establish procedures to provide that the General President, General Secretary-Treasurer and all other members of the Board are elected through a process of direct election by the rank and file membership of LIUNA;

b. Directing that new general elections be held to select a new General President, a new General Secretary-Treasurer and new International Vice-Presidents, under the supervision and direction of an independent court-appointed officer, in such a manner as will ensure that the election is not vulnerable to intimidation or coercion of those LIUNA members found to be eligible to vote in the election;

c. Amending the LIUNA Constitution to provide for a method of operating the hiring hall procedures used by LIUNA Local Unions

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to find work for LIUNA members in such a fashion to prevent any LIUNA official at any level of LIUNA from operating the hiring hall in a discriminatory manner or in any manner which tends to intimidate the rank and file membership of LIUNA from exercising their individual rights as provided by LMRDA and other provisions of law; and

d. Amending the LIUNA Constitution so as to establish procedures to ensure that the imposition of trusteeships on subordinate LIUNA entities and the creation of district councils within LIUNA are not used in any manner to intimidate the rank and file membership of LIUNA from exercising their individual rights as provided by LMRDA and other provisions of law.

3. That 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.

4. 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.

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5. That this Honorable Court grant 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:


JAMES B. BURNS
United States Attorney
Northern District of Illinois

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