DRAFT

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 rid the union of domination and influence by members and associates of organized crime. LIUNA has been infiltrated at all levels by corrupt individuals and organized crime figures who have exploited their control and influence over the union for personal gain and to the detriment of the union.

2. LIUNA union officers and employees at all levels, including the general presidency, have been chosen, subject to the approval of, and have been controlled by, various members and associates of organized crime. Four consecutive General Presidents of LIUNA, Joseph V. Moreschi (1926-1968), Peter Fosco (1968-1975), Angelo Fosco (1975-1993) and ARTHUR ARMAND COIA (1993-present), have associated with, and been controlled and influenced by, organized crime figures. Consequently, the rights of the members of the union to control the affairs of the union have been systematically abused. Those union members who opposed this corrupt state of affairs, either at the local, district council, regional or

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international levels, have been intimidated into silence by violence, threats or violence, economic coercion, and by the known ties of corrupt local, district , regional, and international officials of the union with organized crime.

3. The United States brings this suit for injunctive relief pursuant to the Racketeer Influenced and Corrupt Organizations statute (hereafter "RICO"), Title 18, United States Code, Sections 1961 through 1968, to put an end to this systemic, long-standing, and ongoing corruption of the union and to restore control of its affairs to the members of the union.

II
JURISDICTION

4. Jurisdiction in this action is predicated upon Title 18, United Stares Code, Section 1964(b) and Title 28, United States Code, Sections 1331, 1345, and 2201.

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)).

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

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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 nationwide criminal organization which operates in various cities throughout the United States. The LCN is composed of groups of men of Italian descent who are organized into units which are referred to as a "family", or, in the Italian language, "il borgata." A person becomes a member of an LCN family through a ceremony which is conducted in a manner designed to keep it, and the existence of the family, secret from persons who are not members of the LCN. Each family of La Cosa Nostra is headed by a "boss" who is assisted by an "underboss" and a "consigliere", or counselor. The family conducts its criminal activities through entities known as "crews " headed and supervised by a person referred to variously as a" street boss," a "crew boss", a "caporegima", a "capodecima, a " capo " or some other such name. (Such persons are hereafter referred to collectively as soldiers " or individually as a "capo"). Each crew consists of formally inducted members of the family who are commonly referred to as "soldiers" or "made members " and persons who are not members, but who knowingly participate and cooperate in the activities of the family, who are referred to as "associates." Persons who have been formally inducted into

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membership in an LCN family are often referred to as having been "made", "straightened out, " or as being a " made member. "

8. Judicial Authority for the Existence of the LCN: The existence of the LCN has been proved in a number of cases including, among others: United States v. Salerno, et. al., No.SSS85 Cr. 139 (RO), in the United States District Court for the Southern District of New York, affirmed in 868 F. 2d 524, 534-:38 (2d Cir.), cert. denied, 493 U.S. 811 (1989) (hereafter "Salerno I" or " the Commission cases"); United States v. Salerno. et al., No. 86 Cr. 245 in the United States District Court for the Southern District of New York (hereafter Salerno II" or the "Genovese family case " ); United States v. Infelise. et. al. , No. 90 Cr. 87 , in the United States District Court for the Northern District of Illinois, (appeal pending); United States v. Angiulo,. et al., No.Cr. 83-235 , in the United States District Court for the District of Massachusetts, affirmed in United States v. Angiulo, 897 F.2d 1169 (1st Cir.) , cert. denied, 498 U.S. 845 (1990); United States v. Scarfo. et al., No. 88-00003-1-19 , in the United States District Court: for the Eastern District of Pennsylvania, affirmed in United States w. Pungitore, 9l0 F. 2d 1084, 1143-l149 (3d Cir. 1990) , cert. denied, 500 U.S.915 (1991).

9. The LCN Commission : The affairs of the LCN are governed by a "commission" (hereafter "the Commission") which is composed of the bosses of the most significant families. The bosses of four of the five families in the New York City area - the Colombo, Gambino, Genovese, and Luchese families - have been members of the

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Commission since its creation. At various times bosses, or representatives, from the LCN families in Chicago, Illinois, Philadelphia, Pennsylvania, Cleveland, Ohio; Buffalo, New York; and Detroit, Michigan, have been members of the Commission. The Commission serves as the national ruling council of the LCN families. Among other matters, the Commission has regulated, facilitated and controlled relationships and settled disputes between and among the LCN families. The Commission also has approved the admission of new members to the various LCN families and the selection of the bosses of the families. To frustrate enforcement scrutiny, the Commission meets infrequently.

10. LCN Families : Each family of La Cosa Nostra is identified by the name of its boss, the name of a former boss, or by the city in which it is located. The families of the LCN include, among others, the following:

a. The BONNANO family which is headquartered in New York City and operates in various other locations in the United States. The Bonnano family is the one New York City LCN family whose boss is not a member of the Commission;

b. The BUFALINO family which is headquartered in the area of Pittston, Pennsylvania and operates in Northeastern Pennsylvania and New York State;

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

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d. The CHICAGO family which is headquartered and operates in the area of Chicago, Illinois, in the Eastern Division of the Northern District of Illinois, in other areas of Illinois, and in various locations in Florida and the western part of the Unites States. The Chicago family is commonly referred to as "the outfit." The boss of the Chicago family is a member of the Commission. Often the views of the Chicago family are presented to the Commission by the Genovese family, which is identified in subparagraph j. below;

e. The CLEVELAND family which is headquartered in Cleveland, Ohio and operates there. The Cleveland family is represented on the Commission by the Genovese family, which is identified in subparagraph j. below;

f. The COLOMBO family which is headquartered in New York City and operates there and in various other locations. The boss of the Colombo family is a member of the Commission;

g. The DECAVALCANTE family which is headquartered in northern New Jersey and operates there and in various other locations. The boss of the DeCavalcante family answers to the boss of the Genovese family;

h. The DETROIT family which is headquartered in Detroit Michigan and operates there and in various other locations. The Detroit family is represented on the Commission by the Genovese family;

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i. The GAMBINO family which is headquartered in New York and in various other locations. The boss of the Gambino family is a member of the Commission;

j. The GENOVESE family which is headquartered in New York City and operates there and in various other locations. The boss of the Genovese family is a member of the Commission;

k. The KANSAS CITY family which is headquartered in Kansas City, Missouri and operates there and in various other locations. The Kansas City family is represented on the Commission by the Chicago family;

1. The LOS ANGELES family which is headquartered and operates in Los Angeles California. The Los Angeles family is represented on the Commission by the Chicago Family;

m. The LUCHESE family which is headquartered and operates in New York City and various other locations. The boss of the Luchese Family is a member of the Commission;

n. The MILWAUKEE family which is headquartered and operates in Milwaukee, Wisconsin. The Milwaukee family is represented on the Commission by the Chicago Family;

o. The NEW ENGLAND or PATRIARCA family which is headquartered in the areas of both Boston, Massachusetts and Providence, Rhode Island and operates there and in various other locations. The New England family is represented on the Commission by the Genovese family;

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p. The NEW ORLEANS family which is headquartered and operates in New Orleans, Louisiana. The New Orleans family has close relationships with both the Chicago and Genovese families;

q. The PHILADELPHIA or BRUNO/SCARFO family which is headquartered in Philadelphia, Pennsylvania and Atlantic City, New Jersey. The Philadelphia family is represented on the Commission by the Genovese family and is sometimes referred to by the last names of former bosses, Angelo Bruno and Nicodemo Scarfo;

r. The PITTSBURGH family which is headquartered and operates in Pittsburgh, Pennsylvania. The Pittsburgh family is represented on the Commission by the Genonese family;

s. The ST. LOUIS family which is headquartered and operates in area of St. Louis, Missouri. The ST. Louis family operates under the supervision of the Chicago family; and

t. The TRAFFICANTE family which is headquartered and operates in the area of Tampa, Florida. The Trafficante family is represented on the Commission by the Chicago family.

V

THE PARTIES

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

12. The Union Defendant: The defendant, LIUNA, composed of its regional offices and subordinate district councils and local unions, is a "labor organization," as that term is defined in Title 29, United States Code, Section 402(i), that is, a labor organization, engaged in an industry affecting commerce which exists

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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 700,000 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 820 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 "Constitution"), 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 mandates 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 VII1 of the Constitution, the defendant 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. The Board is named

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as a defendant: herein for the purpose of properly effectuating the relief requested in this complaint, pursuant to Rule l9(a) of the Federal Rules of Civil Procedure.

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 unions 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

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and documents relating to the finances of the union. If there is a vacancy in the office of General Secretary when the 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.

l. LIUNA is named as a defendant for the purpose of properly effectuating the relief requested in this complaint;, pursuant to Rule l9(a) of the Federal Rules of Civil Procedure.

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13. Individual Defendants: Listed below are those persons, not currently LIUNA officials, who are named as defendants.

a. Defendant 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. De Luna. et al., No. 83-00124-Cr.-W8 , in the United States District Court for the Western District of Missouri, defendant 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) Defendant Joseph Aiuppa's conviction was affirmed in United States v. Cerone, 830 F. 2d 938 (8th Cir. 5987) , 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. 86 Civ. 4486 (DNE) , in the United States District Court for the Southern District of New York.

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

c. Defendant LOUIS CASCIANO was, from at least 1988 up 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. Defendant Casciano is a "made" member of the Genovese LCN family then in the crew of Genovese LCN family capo, defendant JAMES MESSERA. On November 20, 1990, in the case of United States v. James Messera et al., No. 90 Cr. 483-05(CSH) in the United States District Court for the Southern District of New York, defendant Louis Casciano pled guilty to RICO conspiracy involving labor bribery and extortion, as alleged in Racketeering Act No. 101 below. On March 13, 1991, defendant Louis Casciano was sentenced

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to serve twenty-four months in prison (see attached Exhibit. 33). Defendant Casciano is currently serving a period of supervised release.

d. Defendant 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 Defendant JOHN RIGGI. On May 26, 1993, in the case of United States v James Gallo et al , No. CR 92-508-1, 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 non-union 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 RIGGI, even after the time JOHN RIGGI entered prison in 1990. Castaldo was replaced as business manager of Local 1230 by Giuseppe Schifilliti, who, in August 1992, was seen associating with a leader of the DeCavalcante LCN family. Castaldo is currently serving his sentence.

e. Defendant JOHN CATANZARO was, at various times material hereto,a steward of LIUNA Local 210, Buffalo, New York. Since at least 1985, defendant Catanzaro has been a "made" member of the

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Buffalo LCN family. From approximately 1985 to approximately December 1989, defendant Catanzaro was an auditor of Local 210. On November 30, 1989, in the case of United States v. John Catanzaro, No. 88-67C , in the United States District Court for the Western District of New York, defendant John Catanzaro pled guilty to labor bribery in connection with having no-show employment, as alleged in Racketeering Act No. 93 below. On February 5, 1990, defendant Catanzaro was sentenced to serve twenty-seven months in prison. (See attached Exhibit 26) Catranzaro has completed service of his prison sentence.

f. Defendant 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 defendant 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. 86-00159 Cr (1) , in the United States District Court for the Eastern District of Missouri, defendant 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. 2d 1045 (8th Cir), cert. denied, 488 U.S. 974 (1988). Flynn is currently serving his sentence.

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g. Defendant 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-92-508-2, in the United States District Court for the District of New Jersey, defendant 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 63 below. 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.

h. Defendant JOHN GIARDIELLO was the business manager of LIUNA Local 767 of West Palm Beach, Florida from approximately 1965 to approximately June 1982. At all times material hereto, Defendant John Giaraiello was an associate of the Trafficante family of the LCN. In 1982, in the case of United States v. Anthonv Accardo. et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, defendant John Giardiello was convicted of RICO conspiracy by agreeing to receive

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kickbacks relating to the sale of insurance services to LIUNA-related employee benefit funds during the period 1970 to 1977 while he was the 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 (llth Cir. 1986), cert. denied, 483 U.S. 1021 (5987). Defendant John Giardiello is on parole.

i. Defendant MICHAEL LABARBARA, JR., was, from 1984 to 1989, the business manage 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 least 1985 and, along with Defendant 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. 88 Cr. 00719 (S) -02-JM, in the United States District Court for the Eastern District of New York, defendant 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 $36,940.00. LaBarbara is currently on parole from this conviction. (See attached Exhibit 23). On March 15, 1994, defendant LaBarbara was indicted in the case of United States v.

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Michael LaBarbara. Jr., No. 94 Cr. 191 (E.D.N.Y.), for embezzlement of union assets, embezzlement of employee benefit fund assests, 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.

j. GENNARO LANGELLA, also known as "Gerry Lang", was, at various times material hereto, a capo, underboss or acting boss of the Colombo LCN family. Gennaro Langella has a criminal record which includes convictions for attempted robbery in 1962 and criminal contempt in 1977. 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, defendant Gennaro Langella was convicted of RICO and RICO conspiracy, extortion, and labor bribery involving the LIUNA Cement and Concrete Workers District Council 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, Lanaella 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. SSS 85 Cr. 0139(R0), in theUnited States District

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Court for the Southern District of New York, defendant Gennaro Langella, was convicted, 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, defendant 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). In 1987, 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.

k. Defendant 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 Libetatore. 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 Exhibit 67) In 1982, in a

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separate trial on the same indictment, Liberatore was convicted of RICO and RICO conspiracy relating to acts of bribery and murder 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 Exhibit 68) Liberatore convictions were affirmed in United States v. Lanci, 669 F. 2a 391 (6th Cir. ), cert. denied, 457 U S. 1134 (1982) and United States v. Licavoli, 2d 1040 (6th Cir ), cert. denied, 467 U. S. 1252 (1984). On June 14, 1993, in the case of United States v. Anthony D. Liberatore, No. 1-92CR 0184, in the United States District Court for the Northern District of Ohio, defendant 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.

l. Defendant. CHESTER J. LIBERATORE was, from 1972 to March 1993, the business manager of LIUNA Local 310, Cleveland, Ohio. Defendant 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

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Cleveland LCN family. On March 24, 1993 in the United States v. Anthony D. Liberatore et al , No. 1-92CR 0184, in the United States District Court for the 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 109 below. 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.

m. Defendant 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, defendant 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 (5991). Defendant Louis Anthony Manna sometimes traveled to Chicago, Illinois for the purpose of

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conducting business which the Genovese family had with the Chicago LCN family. Manna is currently serving his sentence.

n. Defendant 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 United States v. James Messera, New York. No. Cr. 90-00483-01(CSH), in the United States District Court for the Southern District of New York, defendant 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 1, 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. SS 92 Cr. 749(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 Mesaera was sentenced to serve twenty-four months in prison. (See attached Exhibit 35) Messera is currently serving his sentence.

o. Defendant 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 least 1973 to the summer of 1988, the defendant Rocco J. Napoli was

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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, defendant 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 months in prison and to pay a fine of S25,000. (See attached Exhibit 16) Napoli's conviction was affirmed without opinion in United States v. Manna, 919 F. 2a 733 (3d 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 continues to exercise influence in the affairs of Local 21 and was given the use of a 1989 Jaguar automobile by LIUNA Local 21. Napoli is currently serving his sentence.

p. Defendant CARMINE PERSICO, also known as "Junior" or "the Snake," was, at all times material hereto, the boss of the Colombo LCN family. In 1985, in the case or 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, 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, defendant Carmine Persico was sentenced to serve thirty-nine years

24

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 (1988). In 1986, in the case of United States v. Anthony Salerno et al., No. SSS 85 CR 0139(R0), 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 RIC0 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. 20 through 37 below. On January 3, 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 (2d Cir.), cert.. denied, 493 13.S. 811 (1989). In 1987, defendant 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. 4859 (VLB), in the United States District Court for the Southern District of New York. Persico is currently serving his sentence.

q. Defendant 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

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the case of United States v. Anthony Accado, et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, defendant Alfred 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. Caporale, 806 F . 2d 5487 (11th Cir. 1986 cert. denied, 483 U.S. 1021 (1987). Pilotto is currently on parole.

r. Defendant JOHN M. RIGGI was, from at least 1965 to 1986, the business manager of LIUNA Local 394, located in Elizabeth, New Jersey. Following his retirement. as business manage of Local 394 in 1986, defendant Riggi served as the president of Laborers' District Council 30, Union County, New Jersey, until l990. From at least 1980 to at lease 1989, defendant John 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 the affairs of Local 394 as well as other matters. On May 15, 1992, in the case of United States v John Riggi , No. Cr. 89-00380 (AMN), in the United States District Court for the District of New Jersey, defendant John Riggi pled guilty to extortion and labor bribery involving LIUNA Local 394, as alleged in Racketeering Acts Nos. 54 through 61 below. On June 18, 1992, Riggi was sentenced to serve twelve years in prison and to pay a fine of

26

$25,000. (See attached Exhibit 18 ). Also, on May 15, 1992; in the case of State of New Jersey v. John M. Riggi, No. 1-03-0050-S in the New Jersey Superior in Court for Union County, defendant John Riggi pled guilty to charges of theft by 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.

s. Defendant 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. 88-66E, in the United States District Court for the Western District of New York, Defendant Joseph P. Rosato pled guilty to receiving unlawful payments from an employer of LIUNA Local 210 members in relation to having a no-show stewards position, as alleged in Racketeering Act No. 97B below. On July 12, 1991, Rosato was sentenced to serve four years probation. (See attached Exhibit 28) Rosato is currently on probation..

t. Defendant DANIEL G. SANSANESE, JR., has been a made member of the Buffalo LCN Family since at least 1973. Beginning in approximately April 1973, defendant Daniel G. Sansanese, Jr., became a business agent of LIUNA Local 210, Buffalo, New York. In approximately June 1973, Sansanese became the secretary--treasurer

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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 Local 210 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 on 1994. Sansanese aided, abetted, counseled, commanded, induced and procured the conduct alleged as Racketeering Acts 95 through 97B below.

u. Defendant JOSEPH A. TODAR0, SR., has, at all times material hereto, been a member of the Buffalo LCN family. Since a point in time between 1981 and 1985, defendant 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 official connection with the union.

v. Defendant JOSEPH A. TODAR0, JR., the son of defendant Joseph A. Todaro, Sr., was a business agent of LIUNA Local 210, Buffalo, New York, from approximately 1978 to 1990. At all times hereto, defendant 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,

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induced and procured the conduct alleged as Racketeering Acts 92 through 94 below.

w. Defendant 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-C in the United States District Court for the Southern District of Florida, defendant Salavatore 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 511th Cir. 1986), cert.. denied, 483 U.S. 1021 (1987). Tricario is currently on parole.

x. Defendant 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, then boss of the St. Louis LCN family, Anthony Giardano. In 1986, in the case of United States v. Matthew Trupiano, No. 84-137 Cr., in the United States District Court for the Eastern District of Missouri, defendant Matthew Michael Trupiano, Jr., was convicted of conducting an illegal gambling business, in violation of Title 18,

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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. 84-137 Cr. was affirmed in United States v. Parrino, 816 r. 2d 414 (8th Cir. 1987). In 1992, in the case of United States v. Matthew Trupiano, No. 91-211 Cr. (6), in the United States District Court for the Eastern District of Missouri, defendant Matthew Michael Trupiano, Jr., was again convicted of conducting an illegal gambling business, in violation of Title 18, 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. 3d 769 ( 8th Cir. 1993). Trupiano is currently serving his sentence.

y. Defendant PETER VARIO, also known as "Jocko", 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 for Local 66 and appointed funds administrator for Local 66. Defendant 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 defendant MICHAEL LABARBARA, JR., represented the interests of the Luchese LCN family in the affairs of Local 66 and the Mason Tenders District Council. Mario is the nephew of deceased Luchese LCN family capo Paul Vario, Sr. In 1990, in the case of United States v. Peter Vario et al., No. CR 88-00719 (S)-01 (JM), in the United

30

States District Court for the Eastern District of New York, defendant 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.

z. Defendant PETER A. VARIO, also known as "Butch," was, from 1984 to 1989, the business manager of Mason Tenders Local 46 of LIUNA, 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 capo Paul Vario, Sr., and first cousin of defendant 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 87-0579 (S)-4 (TCP), in the United States District Court for the Eastern District of New York, defendant Peter A. Vario was convicted along with Basil Robert Cervone, Sr., business manager of LIUNA Local 13 and a Genovese LCN family associate, of RICO conspiracy relating to

31

labor bribery in exchange for labor peace and the use of non- union labor while he was business manager of Local 46, as alleged in Racketeering Acts Nos. 98 through 100 below. On June 9, 1989, Peter Vario was sentenced to serve three and one half years in prison and ordered pay fine of $70,000.00 and forfeiture of $4,433.00. (See attached Exhibit 30) Vario's conviction was affirmed in United States v. Cervone, 907 F. 2d 332 (2a Cir. 1990), cert. denied, Bernesser v. United States, 498 U.S. 1028 (1991). Peter A. Vario has been released from prison and is currently on parole .

14. Defendant LIUNA International Officials: The persons whose names appear below are the defendant members of the General Executive Board and the General Counsel of LIUNA, whose offices are established by the LIUNA Constitution . These defendants are not, unless indicated otherwise in subparagraphs a. through m. below named as defendants in their individual capacities but are named only in their official capacities for the purpose of properly effectuating the relief requested in this complaint, pursuant to Rule 19 (a) of the Federal Rules of Civil Procedure. The defendant LIUNA International Officials are as follows:

a . ARTHUR ARMAND COIA has been the General President of LIUNA since February 1993 when he was elected to that position by the Board following the death of his co-conspirator, Angelo Fosco. Previously, he served as the General Secretary-Treasurer of LIUNA, having been elected by the Board to that office in 1989 to replace his father and co- conspirator Arthur Ettore Coia. From 1979 to

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approximately February 1993, Arthur Armand Coia was the regional manager of the New England Regional Office of LIUNA and the business manager of the Rhode Island District Council of LIUNA. Arthur Armand Coia has been associating with members of the New England LCN family for a substantial period of time. Arthur Armand Coia was a defendant in the case of United States v. Arthur A. Coia et al., No. 81-417-Cx-JLK, in the United States District Southern District of Florida, which is referred to in Racketeering Acts Nos. 5 and 7 below. The case against him was dismissed on the motion of the government prior to his trial because his co-defendants in that case, including his father, Arthur E. Coia, who were tried separately, were granted a directed verdict of acquittal on the ground that the indictment in that case had not been returned within the applicable period of limitations. Arthur Armand Coia is named as a defendant, herein, in both his official and his individual capacities. In 1993, Arthur Armand Coia received a salary of $188,020.64 as General President of LIUNA.

b. ROLLIN P. "Bud" VINALL, the General Secretary-Treasurer, LIUNA Local 1202, Dallas-Fort Worth, Texas and is the regional manager of the Fort Worth, Texas Regional Office. Vinall was elected to the position of General Secretary-Treasurer in October 1994 by the Board following the death of James J. Norwood who had held the position since February 1993. Vinall was first elected to the Board by the Board in 1976 to replace Angelo Fosco who had been elevated to the position of General President in 1975. In 1993, Rollin P. Vinall received a salary of $128,903.18 as

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International Vice-President of LIUNA and regional manager of the Dallas-Fort Worth Regional Office.

c. MASON M." Max" WARREN, the First International Vice-President, was originally a member and business manager of LIUNA Local 383, Phoenix, Arizona, Mason M. Warren has been a member of the Board since 1975 when he was elected to the Board by the Board to replace Vernie Reid who was elevated to the position of General Secretary-Treasurer. Mason M. Warren is the regional manager for the California Regional Office of LIUNA in Sacramento, California. In 1993, Mason Warren was paid $232,192.45 in salary and ERISA retirement payments as Vice-President. of LIUNA and regional manager of the Sacramento, California Regional office of LIUNA.

d. JOHN SERPICO is currently the Second International Vice-President of LIUNA and has been an International Vice-President since September 1989, when he was elected to the Board by the Board. He is also the president and business manager of LIUNA Local 8, Chicago, Illinois, and the president of the Central States Joint Board, an amalgamation of LIUNA Local 8 and various local unions of the International Union of Allied Novelty and Production Workers, AFL-CIO. At all times material to this complaint, defendant John Serpico was an associate of the Chicago LCN family. In making his decisions and taking his actions with respect to LIUNA, defendant John Serpico has been influenced by the Chicago LCN family. In 1993, John Serpico received a salary of $110,124.18 as an international official of LIUNA.

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e. VERE O. HAYNES, the Third International Vice-President, is from Hartford, Connecticut. Vere Haynes also was elected to the Board by the Board in 1985 when the number of International Vice-Presidents was increased from eight to ten. In 1993, Vere Haynes received a salary of $28,750.04 as International Vice-President.

f. SAMUEL J. CAIVANO is currently the Fourth International Vice-President of LIUNA. From approximately 1957 to 1976, defendant Caivano was business manager of LIUNA Local 526, Millburn, New Jersey, and from 1967 to 1976, he was a LIUNA International Representative. From 1976 to February 1987, defendant Samuel J. Caivano was the assistant regional manager of the New York - New Jersey Regional Office of LIUNA. In February 1987, following the death of Michael Lorello, Caivano became the regional manager of the New York - New Jersey Regional Office and was elected by the Board to be an International Vice-President of LIUNA in Lorello's place. Defendant Samuel J. Caivano is an associate of the DeCavalcante and Genovese LCN families. Samuel J. Caivano is named as a defendant herein, in both his official and his individual capacities. In 1993, Samuel J. Caivano received $208,210.18 in salary and ERISA retirement payments as International Vice-President and regional manager of the New York-New Jersey Regional Office of LIUNA.

g. ENRICO MANCINELLI, the Fifth International Vice-President is from Toronto,Ontario,Canada, and became an International Vice-President in 1991, after being elected without opposition by the General Convention of LIUNA. Mancinelli also is

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the regional manager of the Toronto, Ontario, sub-regional office of LIUNA. In 1993, Enrico Mancinelli received a salary of $159,945.53 as an international official of LIUNA.

h. CHUCK BARNES, the Sixth International Vice-President, is from Seattle, Washington. Barnes was elected to the Board by the Board in 1992 upon the retirement of his predecessor Herb Lobdell. Barnes also is the regional manager of the Seattle Regional Office of LIUNA. In 1993, Chuck Barnes received a salary of $128,903 18 as an international official of LIUNA.

i. JACK WILKINSON, the Seventh International Vice-President, is originally from Kansas City , Missouri and was elected to membership on the Board by the Board following the elevation of James J. Norwood to the position of General Secretary, Treasurer in February, 1993. Wilkinson also is the regional manner of the Washington D C Regional Office of LIUNA. In 1993, Jack Wilkinson received a salary of $124,343.33 as an international official of LIUNA.

j. GEORGE R. GUDGER, the Eighth International Vice-President., was elected to membership on the Board by the Board in late 1993 or early 1994 to replace former International Vice-President Ledger Diamond, who had been an international Vice-President since 1965, who retired. Plaintiff believes that Gudger had never held a position at the international level of LIUNA prior to the time of his appointment to membership on the Board. Gudger has been the president of the LIUNA district council of Georgia and

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South Carolina. In 1993, George R. Gudger received a salary of $52,419.34 as an international official of LIUNA.

k. MICHAEL QUEVEDO, JR., the Ninth International Vice-President., was elected to membership on the Board by the Board in June 1994 to replace Louis Bravo who retired. Bravo had been elected to the Board by the Board in 1985 when the number of International Vice-President was increased from eight to ten. Like Bravo, Quevedo is a LIUNA official from Los Angeles, California. During 1993, Michael Quevedo held no position in the international headquarters of LIUNA.

1. ARMAND E. SABITONI, the Tenth International Vice- President, was elected to membership on the Board by the Board in October 1994 to replace Rollin P. "Bud" Vinall who was elevated to the position of General Secretary-Treasurer to replace James J. Norwood who died. Armand Sabitoni is a long-time associate of ARTHUR A.COIA, whom he replaced as regional manager of the New England Regional Office of LIUNA in February l993. In 1993, Armando E. Sabitoni received a salary of $89,284.11 as an international official of LIUNA.

m. ROBERT J. CONNERTON is the General Counsel of LIUNA, appointed by the General President under Article IV., Section 59 of the Constitution. Connerton has been employed by LIUNA since the 1950's and has been the General Counsel since 1964. In 1993, Robert J. Connerton received a salary of $169 ,189.05 as General Counsel of LIUNA.

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VI

CO-CONSPIRATORS NOT NAMED AS DEFENDANTS

15. Co-Conspirators: The following persons, along with others whose names are both known and unknown , are named as co-conspirators, but not defendants, for the reasons indicated below:

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 defendant ALFRED PILOTTO and co-conspirator 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. SALVATORE AVELLINO has been, since at least 1985, a capo in the Luchese LCN family. Avellino controlled the activities of the defendants 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

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Nassau/Suffolk, Inc., et al., No. CV-89-1848, in the United States District Court for the Eastern District of New York. The injunction was affirmed in United States v. Private Sanitation Industry Association of Nassau/Suffolk, Inc., et al., 995 F. F. 2d 375 (2d Cir. 1993).

c. Arthur Ettore COIA was the General Secretary-Treasurer Emeritus of LIUNA from February 1989 until his death on March 4, 1993. From October l979 until February 1989, he was the General Secretary-Treasurer of LUNA. From 1971 to October 1979, co-conspirator Arthur Ettore Coia was an International Vice-President of LIUNA and regional manger of the New England Regional Office of LIUNA. Arthur Ettore Coia is the father of defendant ARTHUR AMAND COIA. Arthur Ettore Coia was an associate of the New England LCN family and participated in racketeering Acts Nos . 2, 3,6 and 7 below, which were prosecuted in the case of United States v. Arthur A. Coia. et al. ,. No. 81-417-CR-JLK in the United States District Court for the Southern District of Florida. The case against Arthur E. Coia and the other defendants was dismissed by the trial judge at the close of the government's case on the ground that the indictment had not been returned within the applicable period of limitations. On or about September l, l982, the exact date being unknown, Arthur E. Coia, asserting his Fifth Amendment privilege against self- incrimination, refused to answer questions relating to criminal conduct by LCN members involved a LIUNA Local 210, Buffalo, New York, which had been put to him by a Grand Jury empaneled in the United States District Court for the Western

39

District of New York. In 1992, his last full year as a LIUNA international official, Arthur Ettore Coia was paid $193,562.46.

d. 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 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 involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union labor as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13, 1987 Antonio Corallo was sentenced 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 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..

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e. ANGELO FOSCO was the General President of the LIUNA from October 1975 up to the date of his death on February 19, 1993. Co-conspirator Angelo Fosco became the General President of LIUNA, 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 the 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 Presidents Commission on 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, and was only the fourth LIUNA General President since

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1908. In 1992, his last full year as an international official of LIUNA, Angelo Fosco was paid $237,047.54.

f. CHRISTOPHER FURNARI, SR., also known as "Christy Tick", was, at times material hereto, the consigliere of the Luchese LCN 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. SSS 85 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 involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union, 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. 81 (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

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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.

g. MICHAEL LORELLO was, from at least 1970 until his death in 1967, 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 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.

h. GASPAR LUPO was, from at least 1974 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 defendant JAMES MESSERA as well as to Genovese boss, co-conspirator Anthony "Fat Tony" Salerno. On June 13, 1989, Gaspar Lupo died of natural causes and was replaced as president of

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the Mason Tenders District Council by his son Frank Lupo, then the business manage of the district council.

i. 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 co-conspirator Arthur Ettore Coia regarding his duties with respect to LIUNA. Raymond L.S. Patriarca aided, abetted, counseled, commanded, induced and procured the commission of Racketeering Acts Nos. 6 through 9 below.

j. 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 Cr. 0139 (R0), 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 involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union labor, as alleged 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 2d 524 (2d Cir. ), cert. denied, 493 U. S. 811 (1989). In 1987, Anthony Salerno was barred 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 6P LIUNA et al , No 86 Civ. 4819(VLB)

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in the United States District Court for the Southern District of New York . Anthony Salerno died while serving his sentence on July 27, 1992.

k. 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 or New York, Salvatore Santoro was convicted along with other members of the LCN Commission, of RICO and RICO conspiracy relating, in part., to extortion and labor bribery involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20 through 37 below. Santoro's conviction, was affirmed in United States v. Salerno, 868 F 2d 524 (2d Cir. ), cert. denied, 493 U 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. 4859(VLB), in the United States District Court for the Southern District of New York. Santoro is currently serving his sentence.

l. 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

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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 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 1; United States Code, Sections 1962(c) and (d) and 1951 and Title 29, 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. SSS 85 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 involving the LIUNA Cement. and Concrete Workers District Council in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20 through 37 below. 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. Scopo, 861 F. 2d 339 (2d Cir.- 1988), cert.. denied, 490 U.S. 1048 (1989). Because of the activities of Ralph Scopo, in 1991, the

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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 ., No. 86 Civ. 4819 (VLB), 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.

m. 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 Salerno also directed illegal gambling and vice activities on the near North side of Chicago, Illinois, on behalf of the Chicago LCN family.

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

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VII
THE ENTERPRISE

16. At all times material to this complaint, LIUNA together with its regional offices, subordinate district councils and local unions, and affiliated employee welfare benefit and employee pension benefit plans, collectively, have constitute an "enterprise" , as that term is defined in Title 18, United States Code, Section 1961(4), which enterprise was engaged in, and the activities of which affected, interstate and foreign commerce. The enterprise has been, and continues to be, a captive labor organization which has been continuously and systematically controlled, exploited, and dominated in the conduct of its affairs by the LCN and its members and associates in the manner and means which are described herein.

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

17. Acquiring and Maintaining Control of LIUNA: From at least the late 1960 ' s up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants SAMUEL J. CAlVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna", JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH TODARO, SR., JOSEPH A. TODARO, JR.,

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SALVATORE TRICARIO, PETER VARIO, also known as "Jocko," PETER A. VARIO, also known as "Butch";, the co-conspirators named in Paragraph 15 above, and others, including members and associates of the LCN, whose names are both known and unknown, did unlawfully, knowingly and intentionally acquire and maintain, directly and indirectly, an interest in and control of the aforementioned enterprise which was engaged in, and the activities of which affected, interstate and foreign commerce, through a pattern of racketeering activity, as alleged in paragraphs 28 through 79 below, in violation of Title 18, United States Code, Sections 1962(b) and 2.

18. The Enterprise: Paragraph 16 above is incorporated by reference and realleged as if fully set forth herein.

19. Methods and Means: The defendants named in Paragraph 17 above, have unlawfully, knowingly and intentionally acquired and maintained, directly and indirectly, an interest in and control of the aforementioned enterprise through a pattern of racketeering activity through the manner and means set forth in subparagraphs a. through e. below, among others:

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:

(1) Selection of the General President:

(a) In 1926, the late Joseph V. Moreschi was elected to the Presidency of LIUNA. Since that time

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there have been only three other General Presidents of LIUNA : the late Peter J. Fosco, General President of LIUNA from 1968 until in his death in 1975; Peter J. Fosco's son, Angelo Fosco, who was the General President of LIUNA from October 1975 until his death in February 1993; and defendant ARTHUR ARMAND COIA, the current President, who was elected General President by the General Executive Board upon the death of Angelo Fosco. The three former General Presidents were members of LIUNA local unions in Chicago, Illinois. Joseph Moreschi was a member of LIUNA Local 1; Peter J. Fosco and Angelo Fosco both were members of Local 2 of LIUNA.

(b) In the summer of 1974 it became known that Peter Fosco was ill and might soon die. In order to maintain control over the affairs of LIUNA, Anthony Accardo, also known as "Joe Batters," who was at that time either the boss or the consigliere of the Chicago LCN family, ordered that co-conspirator Angelo Fosco, Peter Fosco's son and then the regional manager of the Chicago Regional Office of LIUNA, would become the General President of LIUNA. These orders were followed by Angelo Fosco because Anthony Accardo was a leading figure in the Chicago LCN family.

(c) Peter Fosco died in October 1975. At a meeting of the Board held in Chicago, Illinois for the purpose of selecting the new General President, the name of

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Angelo Fosco was placed in nomination by the late Michael Lorello, then the regional manager of the LIUNA's New York-New Jersey Regional Office and an International Vice-President of LIUNA. Lorello was an associate of the Genovese LCN family. Angelo Fosco was elected by the Board to become the General President of LIUNA.

(d) In the middle 1980's, co-conspiratorArthur E. Coia began an effort to challenge Angelo Fosco for reelection as General President of LIUNA. Coia undertook this campaign because he lacked respect for Fosco and believed that Fosco's conduct harmed LIUNA and the LCN's control of LIUNA. Shortly before the 1986 General Convention of LIUNA, Arthur E. Coia met with defendant JOSEPH A. TODARO, SR., the boss of the Buffalo LCN family, who advised co-conspirator Arthur E. Coia that he should abandon his effort to challenge Fosco because the Chicago LCN family would not yield its control of the position of the General Presidency of LIUNA. In addition, shortly before the 1986 General Convention of LIUNA, Arthur E. Coia was instructed by unknown LCN figures to stop his effort to challenge Fosco, and he complied. Angelo Fosco was reelected General President of LIUNA without opposition at the 1986 General Convention.

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(2) Selection of Regional, District Council and local officials:

(a) In 1987, Michael Lorello, then an International Vice-President of LIUNA and regional manager of LIUNA's New York-New Jersey Regional Office died. After Lorello's death, Ronald Michael Fino, then business manager of LIUNA Local 210, Buffalo, New York, and defendant SAMUEL J. CAIVANO, then the assistant regional manager for the New York-New Jersey Regional Office, sought to replace Lorello. In his effort to attain this position, Ronald Fino solicited the assistance of numerous LIUNA officials, including the Secretary-Treasurer Arthur E. Coia, as well as numerous LCN members, including defendant JOSEPH A. TODARO, SR., boss of the Buffalo LCN family, co-conspirator Vincent Solano, a capo in the Chicago LCN family and president of LIUNA Local 1, and defendant JOHN RIGGI, boss of the DeCavalcante LCN family and business manager of LIUNA Local 394 located in Elizabeth, New Jersey. Eventually, on instructions delivered to then LIUNA General President and co-conspirator Angelo Fosco, through an intermediary, by co-conspirator Gaspar Lupo, who is described in paragraph 15 h. above, defendant SAMUEL J. CAIVANO was selected for the position. Fino was told by both defendant JOSEPH A. TODARO, SR., and defendant JOHN RIGGI that the position belonged to the Genovese LCN family, and they were not willing to give it up.

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Thereafter, co-conspirator Vincent Solano, a Chicago LCN capo and the president of LIUNA Local 1, offered Fino the position of regional manager of the New Orleans Regional Office of LIUNA. Fino declined to accept this offer, in part, because defendant JOSEPH A TODARO, Sr., instructed Fino to decline it. Thereafter, Peter Fosco, the son of General President Angelo Fosco and grandson of the late General President of the union, was appointed to the position by his father, co-conspirator Angelo Fosco.

(b) Co-conspirator Gaspar Lupo, the long-time president of the New York Mason Tenders District Council, was controlled by the Genovese LCN family, of which he was a "made" member. On May 31, 1989, Genovese family capo JAMES MESSERA commented to members of his LCN crew that, "Gaspar (Lupo) will do anything I tell him... if I tell him to jump off the roof, he'll jump off the fuckin building. " Gaspar Lupo, often accompanied by his son, Frank Lupo, then the business manager of the Mason Tenders District Council, also regularly visited co-conspirator Anthony " Fat Tony " Salerno, then the boss of the Genovese LCN family, at the Palma Boys Social Club in Manhattan. On June 13, 1989, Gaspar Lupo died of natural causes. On June 19, 1989, defendant JAMES MESSERA told members of his LCN crew that in the past "Fat Tony" (co-conspirator Anthony

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Salerno) had given him instructions concerning the affairs of the District Council. MESSERA also said that he had told "Frankie" (Frank Lupo, Gaspar's son,) that as the result of his father's death, he (Frankie) now had the "number one position in the District Council") " and that "we'll make the decisions. " He also said that he had told "Frankie" that he should arrange raises and new cars for LCN members LOU CASCIANO and Al Soussi, both of whom held positions on the district council. On June 19, 1989, Frank Lupo became head of the Mason Tenders District Council. Thereafter at the direction of defendant JAMES MESSERA, Frank Lupo appointed defendant LOUIS CASCIANO the assistant to the president of the district council and authorized substantial salary increases and new cars for both CASCIANO and Albert Soussi. Several days later, MESSERIA told members of his crew, "if I gotta worry . . . his son (Frank Lupo) fuckin' me, then he ain't gonna last. He won't be there " five minutes . . . I don't give a fuck if it's Lupo's son. I'll take this motherfucker down in one second and he won't be there no more. That ain't the problem . . . I put him there, because I figured he's qualified and it's only right . . . because he was second in line . . . Gaspar was put there by his father and Joe ("Joe Lefty" Loiacono] had him there." Ernest M. Muscarella, current supervisor of field representatives for the

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Mason Tenders District Council Trust Funds, replaced James Messera as the Genovese LCN family overseer of the Mason Tenders District Council after Messera went to prison in 1991.

(c) In 1973, Ronald M. Fino was elected to the combined positions of business manager and secretary-treasurer of LIUNA Local 210, Buffalo, New York . Prior to seeking this position, Fino sought permission from Sam Frangiamore, then the boss of the Buffalo LCN family, to run for the office. Frangiamore told Fino that he could seek the office, but only if Fino agreed that Defendant DANIEL G SANSANESE, JR. , the son of a leading member of the Buffalo LCN family, would be given the position of secretary-treasurer of Local 210. Since splitting the joint office of business manager and secretary-treasurer required the approval of the LIUNA General Executive Board, Fino met with Peter Fosco, then the General President of LIUNA, in Washington, D. C. to discuss the issue. During the meeting, Fino told Fosco that the boss of the Buffalo LCN family had ordered that the offices of secretary-treasurer and business manager of Local 210 were to be split and the office of secretary-treasurer was to be given to defendant DANIEL G SANSANESE, JR. Peter Fosco told Fino that because the Buffalo LCN family wished this, it would be done at the next meeting of the General Executive Board. A few

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months later, Fino received notice that the General Executive Board had authorized the offices of business manager and secretary-treasurer to be split. Subsequently, DANIEL G. SANSANESE, JR., was appointed to the office of secretary-treasurer of Laborers Local 210 by the Executive Board of that local.

(d) On July 11, 1994, Leonard Falzone, the consigliere of the Buffalo LCN family, while serving as the administrator of the benefit funds for LIUNA Local 210, Buffalo, New York, was convicted of RICO and RICO conspiracy in relation to the collection of unlawful debts through the use of implicit threat of violence, in violation of Title 18, United States Code, Section Section 11962, (c) and (d). Sentencing of Falzone is pending.
Following his conviction, Leonard Falzone was replaced as administrator of the Local 210 benefit funds by his brother, Frank Falzone.

(e) In 1987, Louis M Giardina, a "made" member of the Gambino LCN family, while serving as president of LIUNA Local 23, New York City and treasurer of the Mason Tenders District Council, was convicted of RICO conspiracy, as alleged in paragraph 83 f. below, and sent to prison. In order to maintain control of Local 23 and to protect the Gambino LCN family's interests, Salvatore Gravano, then the underboss of the Gambino LCN family, arranged to have Louis Giardina appoint Joseph

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DelMonico, also known as "Joe Brewster", a "made" member of the Gambino family, to the position of organizer at Local 23. Gravano also directed John Gammarano, a "made" member of the Gambino family, to work with DelMonico to maintain control of Local 23.

(f) In 1986, defendant PETER A. VARIO, also known as "Butch" was convicted of various offenses as set forth in Racketeering Acts Nos. 98 through 100 below and, prior to sentencing, and before any action by LIUNA to remove him, resigned from his position as business manager of LIUNA Local 46, Queens, New York, by order of the court. In December 1988, after Vario's court-ordered resignation, LIUNA placed Local 46 under trusteeship. Between 1989 and l991, a dispute arose between the Genovese LCN family and the Luchese LCN family over which LCN family would have control of Local 46 following the termination of the trusteeship. The Genovese family objected to the placement of Joseph Luciano, the Luchese supported candidate, as president of Local 46. At a meeting in the latter part of 1989, attended by members of the Genovese family and members of the Luchese family, none of whom were LIUNA officials, it was decided that the office of president of Local 46 "belonged" to the Luchese family and that the position should go to Luciano. Thereafter, Joseph

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Luciano was returned to the position of president of LIUNA Local 46 and currently remains in that office.

(g) After he was hired as a clerk by LIUNA Local 214, Oswego, New York in 1978, Ronald P. Scaccia, who was barred by Title 29, United States Code, Section 504 from holding union office, functioned as the de facto business manager of Local 214. During that period of time, Anthony DeStefano, a "made" member of the Buffalo LCN, family who died in 1992, directed Ronald P Scaccia in the selection and appointment of union officials and employees, including the selection of Kevin LeRoy as business manager of Local 214, and Mark Cordone, Anthony DeStefano's nephew, as sergeant-at-arms.

(h) Anthony Lanza also known as "Nino" is the administrator for the Mason Tenders District Council Trust Funds. Lanza is an associate of the Genovese LCN family who was placed in the position of funds administrator by then president: of the Mason Tenders District Council, Gaspar Lupo, at the behest of co-conspirator Anthony "Fat Tony" Salerno, then the boss of the Genovese LCN family.

(i) Salvatore Lanza, the secretary-treasurer of LIUNA 30 and a delegate to the Mason Tenders District Council, recently assumed the position of secretary-treasurer of the district council, replacing Joseph C. Loiacono, Jr., the son of now deceased Genovese capo

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Joseph "Joe Lefty" Loiacono Lanza, formerly the recording secretary for the district council, is an associate of the Genovese LCN family and, along with Mason Tenders President, Frank Lupo, frequently meet with Genovese family boss Anthony "Fat Tony" Salerno at Salerno's social club to discuss union business.

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

(1) On February 6, 1972, Joseph Caleb, president of Laborers' Local 478 in Miami, Florida, and a person gaining in popularity among the Laborers' Union rank and file members in Miami, was murdered after returning to Miami following his attendance at a union function in Orlando, Florida.

(2) On May 8, 1974, John Cammilleri, a "made" member of the Buffalo LCN family and a member of LIUNA Local 210, Buffalo, New York, was shot and killed by unknown assailants as he emerged from a restaurant after celebrating his birthday. In 1973, Camminleri had supported a successful slate of candidates, which included Ronald M. Fino and defendant DANIEL G SANSANESE, JR., for election to various offices in Local 210, challenging long-time Local 210 business manager and secretary-treasurer, Victor Randaccio, the brother of the incarcerated Buffalo LCN underboss,

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Frederico "Freddy The Wolf" Randaccio. In return for his support, Cammilleri asked Fino for appointment to a position on Local 210, a request which had been communicated to the leaders of the Buffalo LCN family. Cammilleri was never appointed to a position in Local 210.

(3) On November 8, l979, John Paul Spica, president of LIUNA Local 42, St. Louis, Missouri and an associate of the St. Louis LCN family, was sitting in his automobile when the automobile exploded, killing him. The bombing was carried out by defendant RAYMOND FLYNN and another, after they discovered that Spica planned to murder FLYNN and take control of Local 42 from FLYNN. In 1987, FLYNN was convicted of participation in the Spica murder, as alleged in Racketeering Act; No. 11 below.

(4) On March 7, 1980, William Michael Sciolino, a "made" member of the Buffalo LCN family and a member of LIUNA Local 210 who had been providing information to the Federal Bureau of Investigation, was murdered because it was suspected by the LCN that Sciolino was providing evidence to the F.B.I. about the control of Local 210 by the Buffalo LCN family. Sciolino's body was found hanging by his neck in a construction trailer near Buffalo, New York.

(5) On July 25, 1981, various persons associated with the Chicago LCN family attempted to murder defendant ALFRED PILOTTO because the persons who conspired to commit the murder thought that Pilotto might cooperate with law

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enforcement officials regarding his activities as an official of the Laborers' Union and a capo in the Chicago LCN family.

(6) On July 18, 1982, Ben Medina, a reform candidate for office in LIUNA Local 332, Philadelphia, Pennsylvania and a friend of then LIUNA International Vice-President, Robert Powell, who had considered challenging Angelo Fosco for the position of General President, was beaten to death.

c. Appointment and Retention of Corrupt LIUNA Officials to Control LIUNA: The defendants 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:

(1) In 1938, Defendant ANTHONY D LIBERATORE was convicted of the murder of a police officer and sentenced to serve life in prison. In approximately 1957, Liberatore sentence was commuted to murder in the second degree by the Governor of Ohio, and he was paroled in 1958. Shortly after his release from prison, Liberatore was elected to the position of business manager of LIUNA Local 860. Liberatore held this position until at least 1979, when he was arrested as one of the FBI's ten most wanted fugitives and convicted of bribery, as set forth in paragraph 13. k. above.

(2) In 1968, Daniel Domino, a steward of LIUNA Local 210, Buffalo, New York and a member of the Buffalo LCN

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family, was sent to jail for extortion. He was release from custody in approximately 1975. On instructions from Joseph Pieri, then a leading figure in the Buffalo LCN family, Domino was hired as a business agent of LIUNA Local 210. Another business agent was fired to make room for Domino. When it was discovered that federal law (Title 29, United States Code, Section 504 ) prohibited Domino from holding that position, his title was changed to "clerk" but he was paid the same salary and benefits. Domino held this position and later became a business agent and then president of LIUNA Local 210 until approximately 1985, when he was fired by the business manager on orders from defendants JOSEPH A. TODARDO, Sr. , and JOSEPH A TODARO, JR., the boss and underboss of the Buffalo LCN family, respectively, because he was aligned with a faction of the Buffalo LCN family with which the Todaros were at odds.

(3) On March 10, 1975, in the United States District Court for the Western District of New York, Misc. filing, Salvatore Caci, an associate of the Buffalo LCN family and then president of LIUNA Local 210 and former director of benefit plans for LIUNA Local 210 was incarcerated as a recalcitrant witness before the grand jury, pursuant to Title 28, United States Code, Section 1826, to serve a term in prison for the life of the grand jury, not to exceed eighteen months. Caci is currently the business manager of Local 210, having succeeded Ronald M Fino in 1988.

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(4) In 1985, in the case of United States v. Ronald M.Fino, Cr. No. 81-121, in the United States District Court for the Western District of New York, Ronald M. Fino, then the business manager of LIUNA Local 210, Buffalo, New York and an associate of the Buffalo LCN family, pled guilty to conspiracy to commit theft of government property valued less than $100.00, in violation of Title 18, United States Code, Section 641. On November 19, 1985, Fino was sentenced to serve two years probation. (See attached Exhibit 54} Despite his sentence, Fino remained as business manager of Local 210 until his retirement in 1988.

(5) In 1986, in the case ofUnited States v. Nicholas DiMaggio, No. 85-67E, in the United States District Court for the Western District of New York, Nicholas DiMaggio, referred to in sub-paragraph e. (11) of this paragraph below, and then training director of LIUNA Local 210, was convicted of wilfully subscribing false income tax returns, in violation of Title 26, United States Code, Section 7206(l). (See attached Exhibit 50) On August 25, l986, DiMaggio was sentenced to serve one year and one day in prison, with the sentence suspended and the defendant placed on probation for one year. Dimaggio is currently a business agent in LIUNA Local 225, Chicago, Illinois and chief instructor of the Chicago Laborers' District Council Training Center, Carol Stream, Illinois.

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(6) In 1962, the late Francis J. DeMonte, also known as "Babe", a business agent of LIUNA Local 1, Chicago, Illinois and an associate of the Chicago LCN family, was incarcerated for contempt of court for failing to respond to the questions of a special grand jury empaneled in the United States District Court for the Northern District of Illinois. Co-conspirator Vincent Solano, then president of LIUNA Local 1, permitted DeMonte to retain his position in Local 1, following his release from custody.

(7) In 1982, in the case of United States v. Anthony Accardo, et al., No. 81-00230-CR-JWK, in the United States District Court for the Southern District, of Florida, James Caporale , secretary-treasurer of the LIUNA Chicago District Council, a special international representative of LIUNA, and an associate of the Chicago LCN family, was convicted with Chicago LCN family capo defendant ALFERD PILOTTO of RICO conspiracy and receiving welfare plan kickbacks, in violation of Title 18, United States Code, Sections 1954, 1962(d), and 1963. On September 14, 1982, Caporale was sentenced to serve twelve years in prison. (See attached Exhibit 45) Caporale's conviction was affirmed in United States v. Caporale, 806 F. 2d 1487 11th Cir. 1986), cert. denied, 483 U.S. 1021 (1987). After being convicted, Caporale was permitted to retain his position as secretary-treasurer of the Chicago Laborers' District Council until 1987, when he entered prison.. Caporale was replaced by

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Joseph A. Lombardo, Jr., the son of Chicago LCN family capo, Joseph A Lombardo.

(8) In 1975, in the case of United States v. Bernard Rubin, No. 75-337-CR-PF in the United States District Court for the Southern District of Florida, Bernard Rubin, president of the Southeast Florida Laborers' District No. 53, president of LIUNA Local 666, Miami, Florida, business manager of LIUNA Local 478, Miami, Florida and a LIUNA special international representative, was convicted of embezzlement of union and employee benefit funds and failure to keep union records relating to various LIUNA entities participating in the conduct of the affairs of the Southeast Florida Laborers District Council, through a pattern of racketeering activity, and filing false tax returns, in violation of Title 18, United States Code, Sections 664 and 1962; Title 29, United States Code, Sections 501(c) and 439; and Title 26, United States Code, Section 7206(1). On December 15, 1975, Rubin was sentenced to serve five years in prison .(See attached Exhibit 82) Following his conviction, Rubin was relieved of his position as special international representative but was permitted to retain his positions of president of the Southeast Florida Laborers' District Council and president of LIUNA Local 666, at a salary in excess of $50,000 per year for each position, until 1977 when he entered prison. During the period between 1975 and 1977, Rubin

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continued to abuse LIUNA funds, which resulted in his conviction in 1982 in the case of United States v. Anthony Accardo, et al. , No. Cr. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, for RICO conspiracy relating to participation in the conduct the affairs of LIUNA through a pattern of racketeering consisting of illegally receiving kickbacks relating to the purchase of insurance by LIUNA related benefit plans, in violation of Title 18, United States Code, Section 1962(d). On September 14, 1982 Rubin was sentenced to serve eight years in prison in the Accardo case. (See attached Exhibit. 83)

(9) In 1975, Ronald P Scaccia, who was business manager of LIUNA Local 214, Oswego, New York, and an associate of the Buffalo LCN family controlled by Buffalo LCN family member Anthony DeStefano, pled guilty to the embezzlement of the funds of Local 214. Scacci; was sentenced to serve five years in prison, all but two months of which was suspended, and he was placed on probation for the remaining fifty-eight months. As a condition of his probation, he was prohibited from holding union office during the period of probation. In 1981, his probation was revoked and he was returned to prison for three years because after being hired as an office clerk for Local 214 he ran the affairs of Local 214 from that position. In 1981, in the case of United States v. Ronald P. Scaccia, No 81

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Cr.1, in the United States District Court for the Northern District of New York, Ronald P. Scaccia was convicted labor bribery, embezzlement of the funds of LIUNA 214, obstruction of justice and RICO conspiracy. On September, 7, 1981 , Ronald P. Scaccia was sentenced to serve five years in prison to be served consecutively to the previously imposed three year sentence for probation violation. (See attached Exhibit 86) Convicted with Scaccia in 1981 were: Edward Cagnoli, a Local 214 member, Kevin LeRoy, who with Scaccia's backing, was elected business manager of Local 214 in 1978 ; and Francis A Scaccia, Ronald Scaccia's brother and secretary-treasurer of Local 214. Cagnoli was sentenced to serve two and one-half years in prison; LeRoy, was sentenced to serve three years in prison and fined $5,000.00 (See attached Exhibit. 64); and Francis Scaccia was sentenced to serve three years in prison and fined $5,000.00. (See attached Exhibit 85)

(10) On April 3, 1979, in the case of State of Missouri v. Raymond Flynn, Cause No. 382898, in the Circuit Court of St. Louis County, Missouri, defendant RAYMOND FLYNN, then a business agent and vice president of LIUNA Local 42, St. Louis, Missouri, pled guilty to burglary in the second degree and possession of burglary tools, in violation of the laws of the State of Missouri, and was sentenced to serve five years probation. In October 1975, upon the death of his predecessor, T. J. Harvill, and while he was still

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serving his term of probation, FLYNN was appointed business manager of Local 42. In 1981, the United States Department of Labor forced Flynn to resign this position under the provisions of Title 29, United States Code, Section 502, and was replaced by his brother Larry Flinn. After the statutory bar from holding union office expired or April 18, 1984, FLYNN was immediately returned to the position of business manager of Local 42. In September 1984, FLYNN was arrested a second time for possession of burglary tools; but FLYNN continued to hold the position of business manager of LIUNA Local 42 until his conviction in 1986.

(11) In 1986, the defendant MATTHEW MICHAEL TRUPIANO, then president, of LIUNA Local 11O, a special international representative of LIUNA and the boss of the St. Louis LCN family, was convicted of conducting an illegal gambling business, as alleged in paragraph 13. x. above. TRUPIANO was permitted to retain his position as president of Local 110 from the time the indictment naming him as a defendant was returned in 1984 until he began service of his prison sentence in 1986. Following his release from prison in 1987, TRUPIANO was returned to his position of president of Local 110 and was also named assistant business manager of the local by his cousin, Vincent Giardano, Local 11O business manager. TRUPIANO held these positions until 1992, at which time he was under indictment for the second time,

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when he was defeated for reelection by the rank and file membership of Local 110.

(12) In 1991, defendant JAMES B. CASTALDO, then the business manager of LIUNA Local 1030, Elizabeth, New Jersey hired defendant JAMES J. GALLO as business agent for Local 1030, despite the fact that GALLO previously had been convicted of criminal violations under the laws of the State of New York in 1976, arising from an incident in which GALLO and another attempted to murder a loansharking victim and despite the fact that in 1986, GALLO had been indicted for criminal usury charges, to which GALLO entered a plea of guilty in 1992.

(13) In 1979, in the case of United States v. William M. Soltero. No. CR-79-138 PHX CAM , in the United States District Court for the District of Arizona, William Soltero, business manager of LIUNA Local. 383, Phoenix, Arizona, was convicted of embezzlement of the funds of Local 383 and conspiracy, a violation of Title 29, United States Code, Section 501 (c) and Title 18, United States Code, Section 371. 0n December 17, 1979, Soltero was sentenced to serve four years probation and to pay a fine of $5,000. Soltero was permitted to remain in office while he appealed his conviction.

(14) In 1979, in the case of United States v. William M. Soltero, No . CR- 79-138 PHX CM, in the United States District Court for the District of Arizona, William M.

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Soltero, Jr., vice-president of LIUNA Local 383, Phoenix, Arizona, was convicted of conspiracy and embezzlement of the funds of Local 383, in violation of Title 18, United States Code, Section 371 and Title 29, United States Code, Section 501(c). On November 53, 1979, Soltero was sentenced to serve one year and one day in facility where he was to receive medical treatment. (See attached Exhibit 91 ). Soltero was permitted to remain in office while he appealed his conviction.

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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

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times the LCN exercises its control of LIUNA through violence, the LCN also is able to control the union by creating and controlling an institutional structure which guarantees continued LCN dominance of LIUNA. As the President's Commission on Organized Crime stated in its report, THE EDGE, Organized Crime, Business and Labor Unions (March 1986) p. 157, (hereafter to as "THE EDGE"), "Like other unions influenced by organized crime, LIUNA's internal structure perpetuates the existing leadership. The LCN's ability to control LIUNA through various internal procedures is demonstrated by a number of examples, including by not limited to, the following:

(1) Constitutionally Prescribed Procedures:

(a) The Office of the General President: Much of the constitutional power in LIUNA is centralized in the hands of the General President, who is the chief executive officer of the union and has broad authority to appoint personnel, including managers of regional offices, representatives, and the General Counsel of the International Union (Article IX, Section 8 of the Constitution). While the General President has broad authority to initiate investigations and impose trusteeships, the Constitution contains no corresponding provisions permitting internal union charges against international officers such as the General President and other members of the Board. (Article IX, Sections 5-7 of the Constitution). The concentration of power in the

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General President makes it easier for the LCN to control LIUNA by controlling the General President.

(b) Method of Nominating Candidates for International Officer Positions: At the 1981 General Convention of LIUNA, a dissident member of LIUNA succeeded in placing in nomination the name of an opponent to Angelo Fosco for the office of General President as is more fully discussed in sub-paragraph (2)(b) below. Following the 1981 General Convention of LIUNA, the Board voted to amend the Constitution by adding Article VII, Section 2 of the Constitution, making it more difficult to nominate candidates for membership on the board, which provides as follows: "In order to stand for election, a candidate must be nominated in writing by duly elected delegates from ten Local Unions. All nominations must be sent to and be received by the General Secretary-Treasurer at Headquarters of the International Union in Washington, D C. no later than seven days before the opening of the Convention."

(c) Filling of vacancies on the General Executive Board: Article VI, Section 5 of the Constitution provides that any vacancy on the General Executive Board which arises between conventions is filled by action of the General Executive Board. The person so selected then serves as a provisional officer until the next

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General Convention. That this provision frustrates democratic institutions within LIUNA and contributes the perpetuation of LCN control of LIUNA is illustrated by the following:

(i) Each of the past three General Presidents of LIUNA, beginning in 1968, and including the current General President, was initially elected to the office of the General Presidency by a vote of the General Executive Board, not at the General Convention. Except for the incident at the 1981 convention referred to in sub- paragraph (2)(b) below, each of the two General Presidents immediately prior to the current General President was reelected to office without opposition each time he ran for reelection.

(ii) Each of the five General Secretaries-Treasurer of LIUNA taking office since 1968, including the current General Secretary-Treasurer originally attained the office by a vote of the General Executive Board. Since the sixteenth General Convention of LIUNA held in 1971, no incumbent General Secretary-Treasurer has ever been opposed for reelection.

(iii) Since 1969, fourteen persons have been elevated to membership on the General Executive Board. Only one of those persons originally

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attained membership on the General Executive Board by a vote of the General Convention and that one person was elected to office with the support of the General Executive Board and without any opposition.

(2) Control of Elections: The LIUNA Constitution is designed to meet the minimum requirements of federal labor law in a fashion which perpetuates the status quo, i. e. , LCN control. The elections of international officers, and often of local officers, are not the product of democracy, but instead are the inevitable outcome of LCN control and the aura of intimidation, which exists amongst the rank and file. With the exception of the 1981 convention, incumbents at the international level have been renominated amongst a staged display of support, have been seconded, and have won by acclamation.

(a) As the President's Commission on Organized Crime (PCOC) reported, ("THE EDGE", p 156-159) "As an illustration of the ability of an incumbent to control the union convention, general president Angelo Fosco, while under indictment for racketeering activities against the union, won election to a full term. Fosco's electoral success is also attributable to the use of force and threats of violence against potential competitors. Fosco personally threatened long-time international vice-president Robert Powell with death,

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confronting Powell in public at a LIUNA dinner several months before the convention. At the commission's public hearing in Chicago, Powell testified that Fosco's ties to the Chicago LCN made such threats believable. LIUNA secretary-treasurer Arthur Coia also tried to influence Robert Powell's decision not to seek the union's presidency. Powell was one of the few black leaders in a union whose membership is between 50 and 65 percent non-white. Powell testified under oath that Coia informed him that the 'Italians' had organized LIUNA, and no one outside that group could ever take control. Powell understood this to mean that Coia was referring to a traditional organized crime group, not the ethnic Italians in the unions rank and file."

(b) The 1981 General Convention, held in Miami, Florida, was the only General Convention since 1971 at which the incumbent International Union officers were opposed for reelection.. The group of union members who opposed the incumbents were harassed and threatened. Two members of the group, who were delegates to the convention, Dennis Ryan and Fred Noon, were initially denied entrance to the convention hall and required police intervention in order to gain admittance. During the nominations for international office, and in full view of the other attendees at the convention, Ryan was

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beaten on the floor of the convention as he attempted to speak.

(3) Manipulation of the Hiring Hall Used to Gain Employment for Rank and File Members of LIUNA: Many members of LIUNA work on construction projects and are often dependent upon local union officers to obtain employment through the hiring hall process whereby the business manager, or another designated local union official, selects the union members who are assigned to work on a particular project. LIUNA officers can deter opposition by not assigning dissidents to work and by giving desirable jobs to union members who offer no opposition to their control. In this manner, the rank and file membership of the local union is intimidated into not opposing the entrenched leadership of a local union. This practice is illustrated by the following examples, among others:

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(4) Use of Trusteeships to Prevent Opposition to Entrenched Leadership Within LIUNA: Trusteeships are utilized in two ways to maintain control over the union membership. The first way is to give facial legitimacy to the notion that the union is acting to eliminate corruption when the trustee is actually acting to perpetuate the status quo, i.e., LCN control. The second way that trusteeships are utilized is to control local and subordinate entities that are opposing the international leadership. Both uses of trusteeships are illustrated by the following examples, among others:

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(b) Local 13: 0n November 23, 1988, in the case of United States v. Basil Robert Cervone, et al., No. CR 87-0579(S) (TCP), in the United States District Court for the Eastern District of New York, Basil Robert Cervone, business manager of LIUNA Manson Tenders Local 13, Queens, New York, and vice-president of the Masons Tenders District Council, was convicted of RICO conspiracy relating to extortion affecting interstate commerce, obstruction of justice, employee benefit fund kickbacks and embezzlement, and labor bribery in exchange for labor peace and the use of non-union labor, in violation of Title 18, United States Code, Sections 1962, 1951, 1953, 1954, and 664 and Title 29, United States Code, Section 186. 0n March 17, 1989, Basil Robert Cervone, Sr., was sentenced to serve five years in prison and fined $100,000. (See attached Exhibit: 46) Among those also convicted with Cervone were: the defendant PETER A. VARIO, also known as "Butch," as alleged in paragraph 68 below; Joseph Frangipane, a "made" member of the Luchese LCN family and treasurer of LIUNA Local 20; Joseph Cervone, president. of Local 13; Basil Robert Cervone, Jr., vice-president of Local 13;

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and a number of corrupt Local 13 shop stewards. The following sentences were imposed upon the defendants: Frangipane, six months in prison (See attached Exhibit 47); Joseph Cervone, eighteen months in prison. (See attached Exhibit 59); and Cervone, JR., three years probation (See attached Exhibit 48). Following these convictions, co-conspirator and then General President Angelo Fosco placed Local 13 under trusteeship in December 1988. The trustee, the defendant SAMUEL J. CAIVANO, on instructions of co-conspirator Gaspar Lupo, appointed Carmine Mandragona, a Local 13 auditor and an associate of the Genovese LCN family, as the business manager of Local 13 and Vincent Miranda, the nephew of the late Michael Miranda, a former Genovese LCN family capo, as secretary-treasurer to run the union on a day-to-day basis during the period of the trusteeship. In conjunction with the expiration of the trusteeship of Local 13 in February 1991, Mandragona was elected to the position of business manager by the members of Local 13. In 1992, in the case of United States v. Carmine Mandragona, et al., No. 92 Cr. 748, in the United States District Court for the Southern District of New York, Carmine Mandragona pled guilty to labor bribery in exchange for labor peace and the use of non-union labor in 1990 and 1991 while Mandragona was business manager of Local 13, in violation of Title 29, United States

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Code, Section 186 (b). Mandragona shared these bribes with Frank Lupo, then president of the New York Masons Tenders District Council, and Baldo Mule, then the vice-president of the Masons Tenders District Council, who is described in paragraph 19 e. (17) below. Following the sentencing, Mandragona was replaced as business manager of LIUNA Local 13 by Baldo Mule, the Genovese family associate with whom he shared the kickbacks.

(c) Loca1 66: In 1989, defendant MICHAEL LABARBARA, JR., then the business manager of LIUNA Local 66, Long Island, New York, pled guilty to the charges set forth as Racketeering Acts Nos. 82 and 87 through 91 below. On December 15, 1989 LABARBARA was sentenced on his plea of guilty, as alleged in paragraph 13. i. above. LABARBARA had been under indictment for approximately a year at the time he was sentenced, but did not resign his position, until the day before he was sentenced. LABARBARA's co-defendant, James G. Abbatiello, recording secretary, executive board member and assistant business manager of Local 66, also pled guilty and was sentenced to serve fourteen months in prison the same day as LABARARA. (See attached Exhibit. 43) When LABARBARA and Abbatiello resigned their positions, they were replaced by their sons, Michael R. LaBarbara and James P. Abbatiello, and by Gerald Losquadro, a local 66 auditor and executive board member. LIUNA took no action as a

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result of the convictions of LABARBARA and Abbatiello until some three months after they were sentenced, at which time they imposed a trusteeship during a time when there was dissidence and unrest at Local 66. The trusteeship was imposed following a meeting attended by MICHAEL LABARBARA, JR., Frank Lupo and SAMUEL J. CAIVANO in CAIVANO's office in Union, New Jersey. During this meeting, it was agreed that LIUNA would impose a trusteeship of Local 66, in part to avoid a government civil RICO action against Local 66, and that Michael R. LaBarbara and James P. Abbatiello would be installed as officers of Local 66 during the period of trusteeship in order to maintain the influence of the Luchese LCN family in the affairs of Local 66. At the time LIUNA imposed the trusteeship, Daniel H. Caivano, the nephew of defendant SAMUEL J. CAIVANO, who was appointed as the trustee by co-conspirator Angel Fosco, appointed Michael R. LaBarbara, James P. Abbatiello and Gerald Losquadro to run the local union on a day-to-day basis during the trusteeship. The appointed Local 66 officials, including Losquadro, followed the instructions of Luchese LCN family figures throughout the period of the trusteeship.

(d) Local 46: as alleged in paragraph 13.z. above, defendant PETER A. VARIO, business manager of LIUNA Local 46, Queens, New York, and an associate of the

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Luchese LCN family, was convicted of the labor racketeering offenses set forth as Racketeering Acts Nos. 98 through 100 below. Following Vario's conviction in 1988, LIUNA placed Local 46 under trusteeship. The trustee, defendant SAMUEL J. CAIVANO, along with others, on instructions of Gaspar Lupo, who is described in paragraph 19a. (2)(b) above, named Edward J. DioVisalvo, an associate of the Genovese LCN family, to run the affairs of Local 46 on a day-to-day basis. In 1990, Edward DioVisalvo pled guilty to RICO conspiracy involving the defendants LOUIS CASCIANO and JAMES MESSERA, in violation of Title 18, United States Code, Section 1962(d), as described in paragraphs 13.c. and n. above. On march 11, 1991, DioVisalvo was sentenced to serve twenty-one months in prison. (See attached Exhibit 51). In addition to defendants MESSERA and CASCIANO, other members and associates of the Genovese LCN family convicted along with DioVisalvo in case No. Cr 90-00483 were: Jerome Basile, field representative, and Albert Soussi, supervisor of field representatives, of the LIUNA Mason Tenders District Council Trust Funds. On March 5, 1991, Basile was sentenced to serve five months in prison and on March 13, 1991, Soussi was sentenced to serve twenty-seven months in prison. (See attached Exhibit 92)

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(e) Local 7: In 1991, in the case of United States v. Peter P. Pavlisak, et al., No. 89-CR-194 (S), in the United States District Court for the Northern District of New York, Peter P. Pavlisak pled guilty to RICO conspiracy involving extortion committed while business manager of LIUNA Local 7, Binghamton, New York, in violation of Title 18, United States Code, Section 1951 and labor bribery, in violation of Title 29, United States Code, Section 186 (b). On May 6, 1991, Peter P. Pavlisak was sentenced to serve five years in prison. (See attached Exhibit 78) Convicted with Pavlisak were Martin Clune, sergeant at arms and member of the Local 7 Executive Board and Michael Lovaglia, president and field representative of Local 7. Clune was sentenced to serve thirty months in prison and Lovaglia was sentenced to serve three years in prison. Shortly after Pavlisak's plea of guilty, the executive board of Local 7, consisting in part of Pavlisak, Clune and Lovaglia, met and elected John McKay as the business manager of Local 7. Following this action, LIUNA imposed a trusteeship on Local 7. John McKay, the person selected by the convicted local officers, was appointed to run the day-to-day affairs of Local 7 during the trusteeship which lasted until December 1987. McKay was subsequently elected business manager by the Local 7 membership.

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(5) Formation of District Councils to Prevent Opposition to Entrenched Leadership Within LIUNA: As set forth above in paragraph 12.k., district councils are groups of local unions that "combine economic power, effort and strength into a unit which would tend to enhance, promote and conserve the welfare and interest of ...their members in a given area.." The rank and file do not directly participate in the process of governing district councils; and the rank and file do not have the right to approve or reject actions taken by the district council. The members of the district councils are the local union officers who serve as delegates. Uniform District Council Constitution Article IV, Section 1. District councils can be created by either the Board on its own initiative, the General President and the General Secretary-Treasurer, or upon application of the local unions in an area. Since the Board can impose a district council upon a group of locals, establishment of district councils can be used to control locals who show independence from the International. This practice is illustrated by the following example:

(a) LIUNA officials and bosses of the Buffalo LCN family had long discussed the creation of a LIUNA district council in the areas of New York State outside of New York City, to ensure that the Buffalo LCN family kept control of all LIUNA activities in upstate New York. In 1992, defendant SAMUEL J. CAIVANO ordered the

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establishment of a provisional upstate New York LIUNA District Council, despite the fact that the majority of the local unions involved opposed the establishment of the district council. The provisional Upstate New York District Council was composed of LIUNA Locals 210, 91, 7, 17, 35, 103, 157, 186, 190, 214, 322, 433, 442, 452, 589, 600, 435, 621, 643, 754, 1000 and 1358. Sam Fresina, an associate of the Buffalo LCN family and business manager of LIUNA Local 190, Albany, New York, was installed by CAIVANO as business manager of the provisional Upstate New York District Council and Peter Gerace, the son-in law of the defendant JOSEPH TODARO, Sr., boss of the Buffalo LCN family, was installed as president and secretary-treasurer of the provisional district council.

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

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(1) As reflected in Racketeering Acts Nos. 64 through 91 below, in 1990, MICHAEL LABARBARA, JR., James Abbatiello and PETER VARIO, officials of LIUNA Local 66, Long Island, New York, were convicted of accepting unlawful payments from employers of members of LIUNA Local 66. As a result, they were removed from their positions, pursuant to Title 29, United States Code, Section 504. They were succeeded in office by, among others, the sons of James Abbatiello and MICHAEL LABARBARA, JR., James P. Abbatiello and Michael R. LaBarbara.

(2) In 1993, as noted in Racketeering Acts Nos. 106 and 109 below, defendant CHESTER J. LIBERATORE, business manager of LIUNA Local 310, Cleveland, Ohio, pled guilty to receiving unlawful payments from employers whose employees were eligible to be represented by Local 310 and resigned his position and was barred from holding union office, pursuant to Title 29, United States Code, Section 504. CHESTER J. LIBERATORE was succeeded in the position of business manager by his son, Chester J. Liberatore, Jr.

(3) In 1993, as noted in Racketeering Acts Nos. 106, 107 and 109 below, defendant ANTHONY D. LIBERATORE, a "made" member of the Cleveland LCN family, was convicted of RICO and aiding and abetting his handpicked successor as business manager of LIUNA Local 860, Cleveland, Ohio, Dominic Olivo, in the receipt of unlawful payments from employers of members of Local 860. As a result, Dominic Olivo resigned

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from his position as business manager of Local 860 and was barred from holding union office, pursuant to Title 29, United States Code, Section 504. (See attached Exhibit 93) Dominic Olivo was succeeded in his position as business manager of Local 860 by Anthony D. Liberatore, Jr., the son of defendant ANTHONY D. LIBERATORE. Kenneth E. Yuko, the son-in-law of defendant ANTHONY D. LIBERATORE, is a business agent of Local 860.

(4) In 1987, Louis Giardina, president of LIUNA Local 23, New York, New York and a "made" member of the Gambino LCN family, was convicted of RICO conspiracy, receiving unlawful payments from employers of members of Local 23, and obstruction of a criminal investigation committed while he served as president of Local 23 and treasurer of the Mason Tenders District Council. As a result of the conviction, Giardina was removed from office, pursuant to Title 29, United States Code, Section 504 and was succeeded as president of Local 23 by his son, Joseph Giardina, Jr., also a "made" member of the Gambino LCN family. Two other paid officers of Local 23 are Joseph P. Giardina, a relative and Lawrence Giardina, another son of Louis Giardina. Among the employees of Local 23 since 1985 have been: C. Giardina, listed as secretary in 1986 and 1987; L. Giardina, listed as attorney in 1985 and 1986; and M. Giardina, listed as office manager from 1985 through 1990.

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(5) Beginning in 1965, defendant JOHN M. RIGGI, the boss of the DeCavalcante LCN family, became business manager of LIUNA Local 394, Elizabeth, New Jersey, and he remained in that position until 1987. JOHN M. RIGGI's father, Emmanuel Riggi, Sr. had held the position of business manager of Local 394 from 1946 to 1958. In 1986, JOHN M. RIGGI became the president of LIUNA District Council 30, Union County, New Jersey. Through his influence, JOHN M. RIGGI arranged to have numerous relatives and DeCavalcante family members and associates appointed to positions in Local 394 and its affiliated entities. JOHN M. RIGGI's son Emmanuel (Manny) Riggi, a soldier in the DeCavalcante LCN family, was appointed director of the LIUNA Building and Training Center located in Jamesburg, New Jersey. A DeCavalcante LCN family capo is the auditor of Local 394, and a DeCavalcante family associate, who is also the relative of a DeCavalcante family capo, is the business manager of the Laborers' Welfare Fund of Union County, New Jersey. In addition, RIGGI's wife was appointed to be a clerk in the Local 394 Pension fund in 1975.

(6) In 1990, defendant JOHN M. RIGGI was incarcerated after having been convicted in federal court, of the offenses set forth as Racketeering Acts Nos. 54 through 61 below. Prior to entering prison, RIGGI arranged to have his long-time associate and confidant, Jerome Corsentiono,

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installed as business manager of LIUNA 394, Elizabeth, New Jersey

(7) Ernest Kumerow, until his recent retirement, was the president of LIUNA Local 1001, the County and Municipal Employees, Supervisors and Foremans' Union, in Chicago, Illinois and is a past president of the Chicago Laborers' District Council. Kunerow is the son-in-law of co-conspirator Anthony Joseph Accardo. Craig Kumerow, the son of Ernest Kunerow and the grandson of co-conspirator Anthony Joseph Accardo, is a field representative in LIUNA Local 1001.

(8) Frank M. Caruso, an associate of the Chicago LCN family, and son of the late Chicago LCN family member Frank "Skid" Caruso, is president of LIUNA Local 1006, Chicago, Illinois, and a former special international representative of LIUNA. His cousin, Leo Caruso, is the secretary-treasurer of Local 1006. Frank Caruso's brother, Bruno Caruso, was recently appointed president of LIUNA Local 1001, Chicago, and president of the Chicago Laborers' District Council, replacing Ernest Kumerow in both positions. Bruno Caruso is also listed on the 1993 Department of Labor Form LM-2 for LIUNA as the assistant regional manager of the Chicago Regional Office of LIUNA.

(9) Joseph A. Lombardo, Jr., is the current secretary-treasurer of the Chicago Laborers' District Council. Lombardo has been a business agent for the Chicago Laborers'

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District Council since at least 1985. Joseph A. Lombardo, Jr., became the secretary-treasurer of the Chicago Laborers' District Council in 1986, succeeding James Caporale, who went to prison, as alleged in paragraph 19.c.(7) above. Lombaro also succeeded Caporale as secretary-treasurer of the Chicago Laborers Health, Welfare and Pension Fund. Lombardo is the son of Joseph A. Lombardo, a capo in the Chicago LCN family, who, along with other leaders of the Chicago LCN family and members of the LCN Commission, was permanently enjoined from association or participating in the affairs of the International Brotherhood of Teamsters in the case of United States v. International Brotherhood of Teamsters, et al., No. 88 Civ. 4486 (DNE), in the United States District Court for the Southern District of New York, because he was found to have conspired to acquire and maintain an interest in the International Brotherhood of Teamsters through a pattern of racketeering activity, in violation of Title 18, United States Code, Sections 1962(b) and(d).

(10) In 1987, co-conspirator Vincent Solano, a capo in the Chicago LCN family, used his influence to establish the Chicago LIUNA Training Fund and to establish a center for training in Carol Stream, Illinois. The director of the Chicago LIUNA Training Center is Anthony Solano, the son of Vincent Solano.

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(11) Nicholas DiMaggio, referred to in paragraph 19.c. (5) above, who died in October 1994, was a business agent and vice president of Local 225, Chicago, Illinois, and the chief instructor of the Chicago Laborers' District Council Training Center, Carol Stream, Illinois. DiMaggio's chief assistant was his brother-in-law, Tony Hocin, who held that position until his death in January 1993. Nick DiMaggio was the nephew of Samuel Carlisi, the boss of the Chicago LCN family.

(12) Dominick DiMaggio is a business agent for the Chicago Laborers' District Council. He is the brother of Nicholas DiMaggio, referred to in Subparagraph (11) above, and is also the nephew of Samuel Carlisi.

(13) Prior to becoming General President of LIUNA, co-conspirator Angel Fosco had been the regional manager of the Chicago Regional Office of LIUNA. In 1975, Angelo Fosco was succeeded in office by his son, Peter J. Fosco, who occupied the office of regional manager for the Chicago Region of LIUNA from 1975 to 1985, when he was appointed by his father to be the regional manager for New Orleans. Peter J. Fosco was succeeded as regional manager for Chicago Region by Joseph Mazza, Angelo Fosco's chauffeur, who told Ronald M. Fino that he was controlled with respect to his LIUNA duties by co-conspirator Vincent Solano, capo in the Chicago LCN family. In 1993, Joseph Mazza was named to be assistant director of the Hazardous Waste Division of

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LIUNA. He was replace as regional manager for the Chicago Region of LIUNA by Terrence Healy, the son-in-law of Angelo Fosco, who previously had been the assistant regional manager. Fosco's stepson, Bruce Monaco is a LIUNA international representative, and his grandson Peter A. Fosco is a regional manager of LIUNA.

(14) Defendant SAMUEL J. CAIVANO is the regional manager for the New York-New Jersey Region of LIUNA. His principal assistant regional manager is his son, David J. Caivano. Daniel H. Caivano, Jr., an international representative in LIUNA and business manager of LIUNA Local 526, Millburn, New Jersey, is SAMUEL J. CAIVANO's nephew and his successor as business manager of LIUNA Local 526. Another of CAIVANO's nephews is the administrator of the New Jersey State Laborers', Employers Cooperation and Education Trust Fund. SAMUEL J. CAIVANO is an associate of the DeCavalcante and Genovese LCN families.

(15) Peter Gerace is the president of LIUNA Local 210, Buffalo, New York, and was the president and secretary-treasurer of the LIUNA provisional Upstate New York District Council from the time it was established in 1992 until it was disbanded in July 1994. Peter Gerace also is the son-in-law and brother-in-law, respectively, of defendants JOSEPH A. TODARO, SR., and JOSEPH A. TODARO, JR., boss and underboss, respectively, of the Buffalo LCN family. Peter

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Gerace's wife occupied a paid position in the Provisional Upstate New York District Council of LIUNA.

(16) In September 1992, defendant James J. Castaldo, business manager of LIUNA Local 1030, Elizabeth, New Jersey, was indicted in the case of United States v. James Gallo, et al.,, No. CR 92-508, in the United States District Court for the District of New Jersey, as alleged in Racketeering Acts Nos. 62 and 63 below. Castaldo immediately surrendered his LIUNA office. Castaldo was replaced as business manager of Local 1030 by Giuseppe Schifilliti, who had been observed association with the action boss of the DeCavalcante LCN family.

(17) Joseph Loiacano, Jr., has been the secretary-treasurer of the LIUNA Mason Tenders District Council of Greater New York. Joseph Loiacono, Jr., is the son of the late Joseph "Joe Lefty" Loiacono, a capo in the Genovese LCN family who was the principal LCN controller of the Mason Tenders District Council prior to defendant JAMES MESSERA's assumption of the role for the Genovese family in 1988. Baldo Mule, former vice president of the Mason Tenders District Council, a field representative of the Mason Tenders District Council Trust Funds and current business manager of LIUNA Local 13, is the son-in-law of "Joe Lefty" Loiacono. Both Joseph Loiacano, Jr., and Baldo Mule are associates of the Genovese LCN family.

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(18) Defendant JOSEPH A. TODARO, JR., the underboss of the Buffalo LCN family, was a business agent for LIUNA Local 210, Buffalo, New York. His brother-in-law, Peter G. Gerace, is president of Local 210 and his sister-in-law, Mary Jane Cordova, is a clerk at Local 210. Todaro's relative, Pascal S. Panaro, is an executive board member at Local 210.

(19) Defendant, DANIEL G. SANSANESE, Jr., a "made" member of the Buffalo LCN family, recently retired as the secretary-treasurer of LIUNA Local 210, an office he has held at various times since at least 1973. His brother, Victor J. Sansanese, also a "made" member of the Buffalo LCN family, is the training fund administrator at Local 210. SANSANESE' daughter, Sandra M. Liebler, is a clerk at Local 210 and his brother-in-law, Jack S. Whitmer, is an executive board member at Local 210.

IX

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

20. Conspiracy to Acquire and Maintain Control of LIUNA: From at least the late 1960's and continuing up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL CAIVANO, LOUIS CASCIANO, JAMES B.CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE,

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CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH ROSATO, DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko," and PETER A. VARIO, also known as "Butch," did unlawfully, knowingly and intentionally combine, conspire, confederate and agree together with each other, with the co-conspirators identified in paragraph 15 above, and with others whose names are both known and unknown to violate Title 18, United States Code, Section 1962 (b), that is, to acquire and maintain, directly and indirectly, an interest in and control of the aforementioned enterprise which was engaged in and the activities of which affected interstate and foreign commerce through a pattern of racketeering activity consisting of the acts of racketeering alleged in paragraphs 28 through 79 below, in violation of Title 18, United States Code, Section 1962 (d).

21. The Enterprise and Manner and Means: Paragraphs 7 through 10 and 16 through 19 above are incorporated by reference and realleged as if fully set forth herein.

22. Each defendant named in Paragraph 20 agreed that at least two of the racketeering acts alleged in paragraphs 28 through 79 below, which are incorporated by reference and realleged as if fully set forth herein, would be committed by members of the conspiracy in the conduct of the affairs of the aforementioned enterprise.

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X

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

23. Conducting the Affairs of the Enterprise Through a Pattern of Racketeering Activity: From at least the late 1960's and continuing up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, PETER VARIO, also known as "Jocko," and PETER A. VARIO, also known as "Butch,"; being persons employed by and associated with the enterprise, did unlawfully, knowingly and intentionally conduct and participate, directly and indirectly, in the conduct, management and operation of the affairs of the aforementioned enterprise which was engaged in and the activities of which affected interstate and foreign commerce through a pattern of racketeering activity consisting of the acts of racketeering alleged in paragraphs 28 through 79 below, which are incorporated by reference and realleged as if fully set forth herein, in violation of Title 18, United States Code, Sections 1962 (c) and 2.

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24. The Enterprise and Manner and Means: Paragraph 7 through 10 and 16 through 19 above are incorporated by reference and realleged as if fully set forth herein.

XI

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

25. Conspiracy to Conduct the Affairs of the Enterprise Through a Pattern of Racketeering Activity: From at least the late 1960's up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES E. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER M. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN M. RIGGI, JOSEPH P. ROSATO DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko,' and PETER A. VARIO, also known as "Butch,"; did unlawfully, knowingly and intentionally combine, conspire, confederate, and agree together with each other and with the persons identified as co-conspirators in paragraph 15 above, and with others whose names are both known and unknown to conduct and participate, directly and indirectly, in the conduct of the affairs of the aforementioned enterprise which was engaged in and the activities of which affected interstate and foreign commerce,

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through a pattern of racketeering activity, in violation of Title 18, United States Code, Section 1962 (d).

26. The Enterprise and Manner and Means: Paragraph 7 through 10 and 16 through 19 above are incorporated by reference and realleged as if fully set forth herein.

27. Each defendant named in paragraph 25 agreed that at least two of the racketeering acts alleged in paragraphs 28 through 79 below, which are incorporated by reference and realleged as if fully set forth herein, would be committed by members of the conspiracy in the conduct of the affairs of the enterprise.

XII

THE PATTERN OF RACKETEERING ACTIVITY

A. RACKETEERING ACT RELATED TO THE EXTORTION OF THE LIUNA MEMBERSHIP, RACKETEERING ACT NO. 1

28. Racketeering Act No. 1
a. From at least the late 1960's and continuing up to and including the date of the filing of this complaint, in the eastern Division of the Northern District of Illinois and elsewhere, defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL BABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBEATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko, and

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PETER A. VARIO, also known as "Butch,"; and each of the co-conspirators named in paragraph 15 above, and others did wrongfully obstruct, delay, and affect commerce, as that term is defined by Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so, all in violation of Title 18, United States Code, Sections 1951 and 2.

b. The aforementioned defendants have obtained, attempted and conspired to obtain property from the membership of LIUNA, including but not limited to the following: 1) the loss of increased dues monies paid to LIUNA and its affiliated regional offices, district councils, and local unions by reason of excessive salaries paid to officials of LIUNA and its affiliates; 2) the loss of salary money paid to unnecessary officials of LIUNA and its affiliates; 3) the loss of employee welfare benefits because of the acceptance of kickbacks by LIUNA officials for non-enforcement of applicable collective bargaining agreements; 4) the right of union members to free speech and democratic participation in internal union affairs as guaranteed by the Labor Management Reporting and Disclosure Act, as amended , Title 29, United States Code, Section 411; 5) the right of union members to be candidates for and to hold union office and to support the candidate or candidates of his choice without being subject to penalty, discipline, or improper interference or reprisal as guaranteed by Title 29, United States Code, Section 481 (e); 6) the right of union

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members to loyal and faithful representation by their union officers, agents, shop stewards and other representatives as guaranteed by Title 29, United States Code, Section 501 (a); 7) the right of union members as participants in the various employee welfare benefit and pension benefit plans affiliated with LIUNA to loyal and responsible representation by the fiduciaries of such employee welfare benefit plans and pension benefit plans, as guaranteed by the Employee Retirement Income Security Act of 1974, as amended, Title 298, United States Code, Sections 1104 and 1106; and 8) the right to participate in meetings and functions of the local unions and to be a candidate for and to hold office or position in the local union as guaranteed by Article III, Sections 2 (b) and (c) of the LIUNA Uniform Local Union Constitution, which property defendants obtained, attempted and conspired to obtain from the members of LIUNA, with their consent having been induced by the wrongful use of actual and threatened force, violence and fear, including fear of physical and economic harm.

c. The aforementioned defendants employed the wrongful use of actual and threatened force, violence and fear of physical and economic in order to create a climate of intimidation and fear within the enterprise to induce, and to attempt and conspire to induce, the members of LIUNA to consent to the surrender of property as described above by various means including, but not limited to, the allegations set forth in paragraph 19 above, which is incorporated by reference and realleged as if fully set forth herein.

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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

29. Racketeering Act No. 2

a. At all times material to this Racketeering Act, defendant ALFRED PILOTTO and co-conspirators Angelo Fosco and Arthur Ettore Coia were officers, agents and employees of LIUNA, within the meaning of Title 18, United States Code, Section 1954 (a) (3), LIUNA being an employee organization, some of whose members were covered by the Health and Welfare Trust Fund of the Indiana Laborers' District Council, an "employee welfare benefit plan" within the meaning of the Provisions of Title I of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et. seq.

b. In or about October and November 1975, at Chicago, in the Eastern Division of the Northern District of Illinois, defendant ALFRED PILOTTO and co-conspirators Angel Fosco and Arthur Ettore Coia did knowingly receive, agree to receive, and solicit a fee, kickback, commission, money, and a thing of value, that is, approximately $25,000.00 from Joseph Hauser, the principal manager of Farmer's National Life Insurance Company, because of and with the intent to be influenced with respect to their actions, decisions and other duties relation to a matter concerning the Health and Welfare Trust Fund of the Indiana Laborers' District Council, that is, the purchase of a group life insurance policy from the Farmer's National Life Instance Company, doing business

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under a reinsurance agreement with the Old Security Life Insurance Company of Kansas City, Missouri, all in violation of Title 18, United States Code, Sections 1954 and 2.

30. Racketeering Act No. 3

a. The Laborers' Local 938 Health and Welfare Trust Fund of Broward County, Florida (the "Local 938 Fund"), the Laborers' Local 666 Health and Welfare Trust Fund of Dade County, Florida (the "Local 666 Fund"), and the Laborers' Local 767 Health and Welfare Fund of Palm Beach County, Florida (the"Local 767 Fund") were "employee welfare benefit plan(s)" which prior to December 31, 1974, were subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301 to 309, and thereafter were "employee welfare benefit plan (s)" within the meaning of Title I of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et. seq.

b. At all times material to this Racketeering Act, co-conspirators Angelo Fosco and Arthur Ettore Coia were officers of LIUNA, within the meaning of Title 18, United States Code, Section 1954 (a) (3), LIUNA Being an employee organization some of whose members were covered by the Local 938 Fund, the Local 767 Fund, or the Local 666 Fund.

c. At all times material to this Racketeering Act, defendants JOHN GIARDIELLO and SALVATORE TRICARIO were officers of LIUNA Local 767, within the meaning of Title 18, United States

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Code, Section. 1954 (a) (3), LIUNA being an employee organization whose members were covered by the Local 767 Fund.

d. From in or about June 1973 and continuously thereafter up to and including October 1976, defendants JOHN GIARDIELLO and SALVATORE TRICARIO, co-conspirators Angelo Fosco and Arthur Ettore Coia, and others whose names are both known and unknown did, in the Eastern Division of the Northern District of Illinois and elsewhere, knowingly receive, agree to receive, and solicit a fee, kickback, commission, and thing of value, that is, stock and money in an amount in excess of $50,000 from Joseph Hauser, because of and with the intent to be influenced with respect to their actions, decisions and matters concerning the employee welfare benefit plans described in subparagraph 30.a. above, that is, the purchase of life insurance coverage for the participants in the said employee welfare plans, all in violation of Title 18, United States Code, Sections 1954 and 2.

31. Racketeering Act No. 4

a. At all times material to this Racketeering Act, defendant ALFRED PILOTTO and co-conspirator Angelo Fosco were officers, agents and employees of LIUNA, within the meaning of Title 18, United States Code, Section 1954 (a) (3), LIUNA being an employee organization some of whose members were covered by the Health and Welfare Fund of the Chicago Laborers' District Council, which was until December 31, 1974, an "employee welfare benefit plan" subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301-309,

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and thereafter was an "employee welfare benefit plan" within the meaning of Title I of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et. seq.

b. From in or about May 1971 and continuously thereafter up to an including January 1977, defendant ALFRED PILOTTO and co-conspirator Angelo Fosco, in the Eastern Division of the Northern District of Illinois and elsewhere, did knowingly receive, agree to receive, and solicit a fee, kickback, commission and thing of value, that is, money in an unknown amount in excess of $25,000.00 from a corporation known as Consultants and Administrators with offices located at 220 S. Ashland Avenue, Chicago, Illinois, because of and with the intent to be influenced with respect to their actions, decisions and other duties relation to questions and matters concerning the Health and Welfare Fund of the Chicago Laborers' District Council, that is, the entry into a contract with Consultants and Administrators to provide dental services to members of the Chicago Laborers' District Council, all in violation of Title 18, United States Code, Sections 1954 and 2.

32. Racketeering Act No. 5

a. The allegations contained in paragraph 29.a. above and paragraph 30.c. above are realleged and incorporated by reference as if fully set forth herein.

b. Some of the members of the employee organizations, of which defendants ALFRED PILOTTO, JOHN GIARDIELLO, and SALVATORE TRICARIO and co-conspiratorAngelo Fosco were officers, were covered by the Southeast Florida Laborers' District Council Dental,

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Vision, and Preventive Care Trust Fund, which was until December 81,1974, an "employee welfare benefit plan" subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Cod, Sections 301-309, and thereafter was an "employee welfare benefit plan" within the meaning of the Employees Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 ef.seq.

c. From in or about June 1972 up to in or about October 1976, defendants ALFRED PILOTTO, JOHN GIARDIELLO, and SALVATORE TRICARIO, co-conspirator Angelo Fosco and others, in the Eastern Division of the Northern District of Illinois, and elsewhere, did knowingly receive, agree to receive, and solicit a fee, kickback, commission and thing of value, that is, money in an unknown amount in excess of $25,000 from a corporation known as Dental and Vision Care Centers, Inc. (hereafter "DVCC"), whose administrative offices were located at 220 S. Ashland Avenue, Chicago, Illinois, because of and with intent to be influenced with respect to their actions, decisions and other duties relation to questions and matters concerning the Southeast Florida Laborers' District Council Dental, Vision, and Preventive Care Trust Fund, that is, the entry into a contract with DVCC to provide dental and vision care services to members of the constituent local unions of the Southeast Florida Laborers' District Council, all in violation of Title 18, United States Code, Sections 1954 and 2.

33. Racketeering Act No. 6

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a. At all times material to this Racketeering Act, defendant ARTHUR ARMAND COIA and co-conspirator Arthur Ettore Coia were officers, agents and employees of LIUNA, and employee organization within the meaning of Title 18, United States Code, Section 1954 (a) (3), some of whose members were covered by the Massachusetts Laborers' Health and Welfare Fund, which was, until December d31, 1974, an "employee welfare benefit plan" subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301-309, and thereafter was an "employee welfare benefit plan" within the meaning of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et.seq.

b. From in or about 1973, the exact date being unknown, up to and including 1976, the defendant ARTHUR ARMAND COIA and co-conspirator Arthur Ettore Coiaat Providence, Rhode Island and elsewhere, including the Eastern Division of he Northern District of Illinois, did knowingly receive, agree to receive, and solicit a fee, kickback, commission, and thing of value, that is, money in an amount in excess of $25,000, from Joseph Hauser and Farmer's National Life Insurance Company, because of and with the intent to be influenced with respect to their actions, decisions and other duties relating to questions and matters concerning the Massachusetts Laborers' Health and Welfare Fund, that is, the purchase of group life insurance from the Farmer's National Life Insurance Company under a reinsurance agreement with the Old Security Life Insurance company of Kansas City, Missouri, and they

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did share the things of value they received with co-conspirator Raymond Patriarca, all in violation of Title 18, United States Cod, Sections 1954 and 2.

34.Racketeering Act No. 7

a. The allegations of paragraph 33. a. above are incorporated by reference and realleged as if fully set forth herein.

b. Some of the members of the employee organization mentioned in paragraph 33. a. above were covered by the Rhode Island Laborers' District Council Health and Welfare Fund and the Rhode Island Laborers' Heavy and Highway Health and Welfare Fund, both of which, until December 31, 1974, were welfare plans subject to the provisions of the Welfare and Pension Plans Disclosure Act, Title 29, United States Code, Sections 301-309, and thereafter were "employee welfare benefit plan (s)" within the meaning of the Employees Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et seq.

c. From in or about 1973, the exact date being unknown to the plaintiff, to in or about 1976, defendant ARTHUR ARMAND COIA and co-conspirator Arthur Ettore Coia at Providence, Rhode Island and elsewhere, including the Eastern Division of the Northern District of Illinois, did knowingly receive, agree to receive, and solicit a fee, kickback, commission and thing of value, that is, money in an amount greater than $25,000, from Joseph Hauser and Farmer's National Life Insurance Company, because of and with intent to be influenced with respect to their actions, decisions,

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and other duties concerning the Rhode Island Laborers' District Council Health and Welfare Fund and the Rhode Island Laborers' Heavy and Highway Health and Welfare Fund, that is, the purchase of group life insurance from the Farmer's National Life Insurance Company under a reinsurance agreement with the Old Security Life Insurance Company of Kansas City, Missouri, and they did share the things of value they received with co-conspirator Raymond Patriarca, all in violation of Title 18, United States Code, Sections 1954 and 2.

35. Racketeering Act No. 8

a. At all times material to this Racketeering Act, Farmer's Financial Agency was a corporation incorporated under the laws of the State of Florida and its only asset was the stock of Farmers National Life Insurance Company.

b. At all times material to this Racketing Act, all of the disbursements of Farmers' National Life Insurance Company were made out of various bank accounts in the name of Farmer's Financial Agency.

c. Farmer's National Life Insurance Company was engaged in activities relating to providing insurance services to labor unions throughout the United States in interstate and foreign commerce.

d. On or about July 1, 1976, at Washington, D.C., co-conspirator Angelo Fosco did wrongfully obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in

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commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so, in that co-conspirator Angelo Fosco did obtain and did conspire and attempt to obtain property of Farmer's Financial Agency, that is, money in the sum of $36,844.00 from Joseph Hauser, the principal operator of Farmer's Financial Agency, with the consent of Joseph Hauser having been induced by the wrongful use of actual and threatened force, violence and fear, including fear of physical and economic harm, all in violation of Title 18, United States Code, Sections 1951 and 2.

36. Racketeering Act No. 9

a. the allegations of subparagraphs a., b., and c. of Paragraph 35. are realleged and incorporated by reference as if fully set forth herein.

b. In or about April 1975, the exact date being unknown, at Washington, D.C. and Providence, Rhode Island, co-conspirator Arthur Ettore Coia and others did wrongfully obstruct, delay, and affect commerce, as that term is defined by title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commidities in commerce, and did attempt and conspire to do so, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), in that co-conspirator Arthur Ettore Coia and other did obtain, attempt and conspire to obtain sums of money from Farmer's Financial Agency and Joseph Hauser, one of the owners and the principal operator of Farmer's National Life Insurance

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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.

37. Racketeering Act No. 10

a. On or about April 5, 1979, at Los Angeles, California, co-conspirator Arthur Ettore Coia did willfully endeavor by means of bribery to obstruct, delay and prevent Joseph Hauser from communicating information relating to violations of the statutes of the United States relating to the conduct of Arthur Ettore Coia in executing the duties of his position of International Vice-President of LIUNA to criminal investigators of the Federal Bureau of Investigation by giving to Joseph Hauser the sum of approximately $3,000.00, in violation of Title 18, United States Code, Section 1510.

38. Collateral Estoppel

In 1982, in the case of United States v. Anthony Accardo, et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, defendants ALFRED PILOTTO, JOHN GIARDIELLO and SALVATORE TRICARIO were convicted of conspiring to conduct the affairs of an enterprise, that is, LIUNA and its subordinate bodies and affiliated employee benefit plans, through a pattern of racketeering activity which included the racketeering activity alleged in Racketeering Acts Nos. 2,3, 4, and 5 above. Therefore, these defendants are estopped from denying the essential allegations underlying Racketeering Acts Nos. 2, 3, 4, and 5,

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pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. Certified copies of the indictment and relevant judgments of conviction in that case are attached to this complaint as Exhibits 1 through 4.

C. RACKETEERING ACT RELATED TO CHICAGO LCN FAMILY CONTROL
OF LIUNA LOCAL UNIONS IN ST. LOUIS, MISSOURI,
RACKETEERING ACT NO. 11

39. Racketeering Act No. 11

a. Conspiracy to Commit Murder
From a time prior to November 1, 1979, the exact date being unknown, to on or about November 8, 1979, at St. Louis, Missouri, defendant RAYMOND FLYNN and others did intentionally conspire to murder John Paul Spica because Spica was viewed to be a threat to FLYNN's LIUNA position, and act involving murder which is chargeable under the laws of the State of Missouri, Sections 572.041, 564.016, 565.011, 565.004 and 565.008, Revised statutes of Missouri, and is punishable by imprisonment for more that one year;

b. Murder
On or about November 8, 1979, at St. Louis, Missouri, defendant RAYMOND FLYNN and others did intentionally murder John Paul Spica because Spica was viewed to be a threat to FLYNN's LIUNA position, an act involving murder which is chargeable under the laws of the State of Missouri, and is punishable by imprisonment for more than one year.

c. Collateral Estoppel

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In 1987, in the case of United States v. Raymond Flynn, No. 86-00159CR K(1 ), in the United States District Court for the Eastern District of Missouri, defendant RAYMOND FLYNN was convicted of conducting the affairs of an enterprise, that is, a group of individuals associated in fact which operated, in part, through a business known as LN&P Trucking, through a pattern of racketeering activity which included the racketeering activity alleged in Racketeering Act No. 11. Therefore, defendant RAYMOND FLYNN is estopped from denying the essential allegations underlying Racketeering Act No. 11, pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. Certified copies of the indictment and relevant judgment of conviction are attached to this complaint as Exhibits 6 and 7.

D. RACKETEERING ACTS RELATED TO COLOMBO LCN FAMILY CONTROL
OF THE CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL, NEW YORK CITY,
RACKETEERING ACTS NOS. 12 THROUGH 19

40. Introduction

a. At all times material to Racketeering Acts Nos. 12 through 19, defendant CARMINE PERSICO, also known as "the Snake" or "Junior," was the boss of the Colombo LCN family; defendant GENNARO LANGELLA, also known as "Gerry Lang," was a "capo" or the underboss of the Colombo LCN family and, when defendant CARMINE PERSICO was in prison, was the acting boss of the Colombo LCN family; and co-conspirator Ralph Scopo was a "made" member of the Colombo LCN family and president and business manager of the District Council of Cement and Concrete Workers, a district council of the Enterprise alleged in this complaint.

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b. At all times material to Racketeering Acts Nos. 12 through 19, co-conspirator Ralph Scopo, as the president and business manager of the LIUNA Cement and Concrete Workers District Council, was an officer and employee of a labor organization which represented, sought to represent and would admit to membership, employees of employers who were employed in an industry affecting commerce.

c. At all times material to Racketeering Acts Nos. 12 through 19, the construction companies identified in Racketeering Acts Nos. 12 through 19 were engaged in, and their activities affected interstate commerce.

d. Beginning in or about 1981 and continuing to at least late 1984, the Colombo LCN family organized and controlled a scheme to extort various New York concrete contractors, whereby the Colombo LCN family used, its control of various labor unions, including the LIUNA District Council of Cement and Concrete Workers, to demand and receive payoffs from employers and prospective employers of members of the various labor unions. Fear of violence, labor troubles, and disruption of sources of supply induced the employers to pay the sums demanded. The Colombo LCN family enforce the rules of the scheme by threatening disobedient contractors with labor problems such as slowdowns and stoppage of concrete deliveries and the withholding of union workers from construction projects as well as other forms of economic punishment. The Colombo LCN family also caused those with whom

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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 defendants CARMINE PERSICO and GENNARO LANGELLA, used co-conspirator Ralph Scopo and his position as president of the Cement and Concrete Worker District Council and his control of its member local unions to extort payments from construction companies. In exchange for guaranteeing labor peace and for allowing contractors to use non-union labor. Certain of the payments were given directly to co-conspirator Ralph Scopo who kept a portion of the money and gave the remainder to the Colombo LCN family.

41. Racketeering Acts Nos. 12 through 19

From at least 1981 up to and including October 1984, on or about the dates listed below corresponding to each Racketeering Acts, in New York, New York and elsewhere, the defendants CARMINE PERSICO and Gennaro LANGELLA and co-conspirator Ralph Scopo did wrongfully obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so in that the defendants did obtain, attempt and conspire to obtain the property of the construction companies identified in Racketeering Acts No. 12 through 19 below with their consent having been induce by the wrongful use of actual and threatened force, violence, and fear,

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including fear of physical and economic harm, in that the defendants did engage in the conduct described in subparagraphs d. and e. of Paragraph 40 above, all in violation of Title 18, United States Code, Sections 1951 and 2.

RACKETEERING  APPROXIMATE    CONSTRUCTION       APPROXIMATE

ACT           DATE         COMPANY            AMOUNT                

12           1981 to         Pile Foundation       $16,000

             April 1984      Company                      

13          November 1983    Retsam Contracting    $ 6,000

             to May 1984     Corporation

14          December 1983    Alicer Contracting    $ 6,000

            to July 1984     Company               

15           1982            DeGaetano & Vozzi      $25,500

                             Construction Co.

16         October 1982      All- Boro Paving       $24,300

           To March 1984     Company         

17        January 1983       Cederic Construction   $25,000

          to September       Company

          1984

18        November 1983     Daval Construction       $ 2,000

          to March 1984     Company

19        March 12,1986     Technical Concrete      $29,000

                            Construction Corp.

42. Collateral Estoppel

In 1986, in the case of United States v. Carmine Persico, et al., No. S 84 Cr. 809 (JFK), in the United States District Court for the Southern District of New York (hereafter, the "Persico Indictment"), defendants CARMINE PERSICO and GENNARO LANGELLA were convicted of participation in, and conducting the affairs of, and enterprise affecting interstate commerce, that is, a group of individuals associated in fact known as the Colombo Organized Crime

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family of the LCN, through a pattern of racketeering activity including Racketeering Acts Nos. 2 through 9 of Count One of the redacted Persico Indictment, which racketeering acts are incorporated by reference and realleged as Racketeering Acts Nos. 12 through 19 of this complaint as if fully set forth herein. Therefore, the defendants CARMINE PERSICO and GENNARO LANGELLA are estopped from denying the essential allegations underlying Racketeering Acts Nos. 12 through 19, pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. Certified copies of the indictment, redacted indictment and relevant judgments of conviction are attached to this complaint as Exhibits 8, 8R, 9 and 10.

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. 20 THROUGH 37

43. Introduction

a. At all times material to Racketeering Acts Nos. 20 through 37, co-conspirator Anthony Salerno, also known as "Fat Tony," was the boss of the Genovese LCN family; co-conspirator Antonio Corallo, also known as "Tony Ducks," was the boss of the Luchese LCN family; defendant CARMINE PERSICO, also known as "the Snake" or "Junior," was the boss of the Colombo LCN family; defendant GENNARO LANGELLA, also known as "Gerry Lang," was a "capo" or underboss of the Colombo LCN family and, when defendant CARMINE PERSICO was in prison, was the acting boss of the Colombo LCN family; co-conspirator Christopher Furnari, also known as

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"Christy Tick," was consigliere of the Luchese LCN family; co-conspirator Salvatore Santoro was the underboss of the Luchese LCN family; and co-conspirator Ralph Scopo was a "made" member of the Colombo LCN family and president of the LIUNA District Council of Cement and Concrete Workers, located in New York, New York, a district council of the Enterprise alleged in this complaint.

b. At all times material to Racketeering Acts Nos. 20 through 37, co-conspirator Ralph Scopo, as the president of the LIUNA District Council of Cement and Concrete Workers, was an officer and employee of a labor organization which represented, sought to represent and would admit to membership, employees of construction companies who were employed in an industry affecting commerce.

c. At all times material to Racketeering Acts Nos. 20 through 37, the construction companies identified in Racketeering Acts Nos. 20 through 37 were engaged in, and their activities affected, interstate commerce.

d. Beginning in or about 1981 and continuing up to and including in or about August 1984, the LCN Commission, which is described in paragraph 9 above, organized and controlled a scheme to extort various New York City area contractors. The LCN Commission established a "Club" of certain construction contractors who poured concrete. The LCN Commission and its co-conspirators controlled the allocation of contracts to pour concrete on construction jobs where the contract price exceeded two million dollars. The Commission and its co-conspirators and agents would

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designate which contractor would be permitted to make the successful bid on a particular contract. Often other concrete contractors would be directed to submit bids higher than that of the designated winner. The Commission and its co-conspirators and agents exercised control over and influenced the decisions of the LIUNA District Council of Cement and Concrete Workers and agreed to the payment of bribes to co-conspirator Ralph Scopo, an official thereof. The Commission enforced the rules of the "Club" through threats of punishing disobedient contractors by causing the contractors' supplies of cement to be stopped and by causing certain labor union leaders to create "labor problems" for the contractors as well as other forms of economic punishment and threats of violence and physical harm.

e. The LCN Commission controlled the allocation of concrete pouring contracts valued in excess of two million dollars, in part, by exercising control over the actions and decisions of the LIUNA Cement and Concrete Workers District Council and specifically the actions and decisions of co-conspirator Ralph Scopo. By exploiting its control over these concrete pouring contracts, co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, and Salvatore Santoro and defendants GENNARI 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

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contract price of any concrete-pouring construction jobs in which the contract price exceeded two million dollars.

44. Racketeering Acts Nos. 20 through 37

a. Hobbs Act Offenses, Racketeering Acts Nos. 20 through 31

From at least August 1981 up to and including April 1984, on or about the dates listed below corresponding to each racketeering act, in New York City and elsewhere, defendants GENNARO LANGELLA and CARMINE PERSICO and co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro, Ralph Scopo and others did wrongfully , obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt and conspire to do so, in that the defendants and co-conspirators did obtain, attempt and conspire to obtain the property of the construction companies identified in paragraph 44. c. below with their consent having been induce by the wrongful use of actual and threatened force, violence, and fear, including the fear of physical and economic harm, in that the defendants and co-conspirators did engage in the activity describe in paragraphs 43. a., b., c., d., and e. above, all in violation of Title 18, United States Code, Sections 1951 and 2.

b. Taft-Hartley Offenses, Racketeering Acts Nos. 32 through 37

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From at least August 1981 up to and including April 1984, on or about the dates listed below corresponding to each of Racketeering Acts Nos. 32 through 37, in New York City and elsewhere, defendants GENNARO LANGELLA and CARMINE PERSICO and co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro, Ralph Scopo and others did unlawfully and willfully request , demand, receive, accept, and agree to receive and accept the payment of money from the construction companies identified in paragraph 44.c. below and persons action in their interest, in the approximate amounts specified below corresponding to each of Racketeering Acts Nos. 32 through 37, all in violation of Title 29, United States Code, Section 186 (b) (2) and (d) and Title 18, Unites States Cod, Section 2.

c. Racketeering Acts Nos. 20 through 37

45. Collateral Estoppel

In 1987, in the case of United States v. Anthony Salerno, et al., No. SSS 85 Cr. 139 (RO), in the United States District Court for the Southern District of New York, defendants GENNARO LANGELLA and CARMINE PERSICO and co-conspirators Anthony Salerno, Antonio Corallo, Christopher Furnari, Salvatore Santoro and Ralph Scopo were convicted of participation in the conduct of the affairs of an enterprise affecting interstate commerce, that is, a group of individuals associated in fact known as the Commission of LCN, and conspiring to do so, through a pattern of racketeering activity which included Racketeering Acts Two through Nine, Eleven and Fourteen through Sixteen and Counts Four through Seventeen, Nineteen and Twenty-Two through Twenty Four of the indictment, which racketeering acts are incorporated by reference and realleged as Racketeering Acts Nos. 20 through 37, respectively, of this complaint as if fully set forth herein. Therefore, defendants GENNARO LANGELLA and CARMINE PERSICO are estopped from denying the essential allegations underlying each of Racketeering Acts Nos. 20 through 37, pursuant to Title 18, United States Code, Section

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1964 (d) and general principles of collateral estoppel. Certified copies of the relevant indictment and judgments of conviction are attached to this complaint as Exhibits 11 through 13.

F. RACKETEERING ACTS RELATED TO CORRUPTION OF LIUNA LOCAL UNION 21 BY THE GENOVESE LCN FAMILY IN NORTHERN NEW JERSEY, RACKETEERING ACTS NOS. 38 THROUGH 53

46. Introduction

a. At all times material to Racketeering Acts Nos. 38 through 53, LIUNA Local 21 ("Local 21") located in Jersey City, New Jersey, was a labor organization engaged in an industry affecting commerce within the meaning of Title 29, United States Code, Sections 142 (3), 152 (5), and 402 (I) and (j) which represented, sought to represent and would admit to membership employees employed in an industry affecting commerce.

b. At all times material to Racketeering Acts Nos. 38 through 53, defendant ROCCO J. NAPOLI was the business manager of Local 21.

c. At all times material to Racketeering Acts Nos. 38 through, 53, defendant LOUIS ANTHONY MANNA, also known as "Bobby Manna," was the leader of Genovese LCN family activities in Northern New Jersey and controlled the activities of defendant ROCCO J. NAPOLI in the performance of his actions, decisions and other duties with respect to the affairs of Local 21.

47. Racketeering Acts Nos. 38 through 52

From in or about January 1977 and continuously thereafter up to and including April 1988, in Jersey City, New Jersey and elsewhere, defendant ROCCO J. NAPOLI, being an officer and employee of LIUNA

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Local 21, and others, aided, abetted , counseled, commanded, induced, and procured by defendant LOUIS ANTHONY MANNA, also known as "Bobby Manna," did commit multiple acts in which defendant ROCCO J. NAPOLI did unlawfully and willfully request, demand, receive, accept, and agree to receive and accept sums of money and things of value from employers and persons action in the interests of said employers, all in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Acts 5 and 7 through 20 in Count One of the redacted Manna Indictment, which are incorporated by reference and realleged as Racketeering Acts Nos. 38 through 52, respectively, of this complaint as if fully set forth herein.

48. Racketeering Act No. 53

From in or about March 1987 and continuously thereafter up to and including April 1988, in Jersey City, New Jersey and elsewhere defendant ROCCO J. NAPOLI, aided, abetted, counseled, commanded, induced and procured by defendant LOUIS ANTHONY MANNA, did commit an act in which defendant ROCCO J. NAPOLI, did wrongfully conspire and agree with others to obstruct, delay and affect commerce, as that term is defined by Title 18, United States Code, Section 1951 (b) (3), and the movement of article and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 and 2, as alleged in Racketeering Act 4 in Count One of the redacted Manna indictment, which

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racketeering act is incorporated by reference herein and realleged as Racketeering Act No. 53 of this complaint as if fully set forth herein.

49. Collateral Estoppel

In 1989, in the case of United States v. Louis Anthony Manna, et al., No. CR 88-239, in the United States District Court for the District of New Jersey (hereafter the Manna Indictment), defendants LOUIS ANTHONY MANNA and ROCCO J. NAPOLI were convicted of conspiring to conduct the affairs of an enterprise, that is, a group of individuals associated in fact which constituted a faction of the Genovese LCN family, though a pattern of racketeering activity which included the racketeering activity alleged as Racketeering Acts 5 and 7 through 20 of the redacted Manna Indictment which are realleged herein as Racketeering Acts Nos. 38 through 52 and Racketeering Act of the redacted Manna Indictment which is realleged herein as Racketeering Act No. 53. Therefore, defendants LOUIS ANTHONY MANNA and ROCCO J. NAPOLI are each estopped from denying the essential allegations underlying Racketeering Acts Nos. 38 through 53, pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. Certified copies of the Manna Indictment, the redacted Manna Indictment and the relevant judgments of conviction are attached to this complaint as Exhibits 14, 14R, 15 and 16.

G. RACKETEERING ACTS RELATED TO DE CAVALCANTE LCN FAMILY CONTROL
OF LIUNA LOCAL UNIONS IN NORTHERN NEW JERSEY, RACKETEERING ACTS NOS. 54 THROUGH 63

50. Introduction - Racketeering Acts Nos. 54 through 61

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a. At all times material to Racketeering Acts Nos. 54 through 61, LIUNA Local 394 ("Local 394"), located in Elizabeth, New Jersey, was a labor organization engaged in an industry affecting commerce within the meaning of Title 29, United States Code, Sections 143 (3), 152 (5), and 402 (I) and (j), which represented, sought to represent and would admit to membership the employees of Akron Construction Company, Moser Brothers Mechanical Contractors, and J. P. Sasso, Inc., all employers of employees employed in an industry affecting commerce.

b. At all times material to Racketeering Acts Nos. 54 through 61, defendant JOHN RIGGI was the acting boss of the DeCavalcante LCN family and the business manager of Local 394.

51. Racketeering Act No. 54

a. From approximately late 1980 and continuously thereafter up to and including August 1985, in Elizabeth, New Jersey and elsewhere, defendant JOHN M. RIGGI and others did wrongfully obstruct, delay and affect commerce, as that term is defined by Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined in Title 18, United States Code, Section 1951 (b) (2), and did attempt to do so, by obtaining money and property in the form of certain earnings and services from Crosby's Heating Services, Inc., with the consent of the owner thereof having been induce by the wrongful use of threatened force, violence, and fear, including the fear of physical and economic

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harm, in violation of Title 18, United States Code, Sections 1951 and 2, as alleged in Count Four of the redacted indictment in the case of United States v. John M. Riggi, et al ., Criminal No. 89-380 (AMN ), in the United States District Court for the District of New Jersey (the "Riggi Indictment"), which count is incorporated by reference and realleged as Racketeering Act No. 54 of this complaint as if fully set forth herein.

52. Racketeering Acts Nos. 55 through 61

a. From on or about November 5, 1985, to on or about January 15, 1987, in Elizabeth, New Jersey and elsewhere, defendant JOHN M. RIGGI, being an officer and employee of Local 394, did commit multiple acts in which he did unlawfully and willfully request, demand, receive, accept and agree to receive and accept sums of money and other things of value from Akron Construction Company, Moser Brothers Mechanical Contractors, and J. P. Sasso, Inc., and persons acting in their interest, all in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2 as alleged in Counts Seventeen, Eighteen, Twenty-One, Twenty-Five, Thirty and Thirty-One of the Riggi Indictment, which counts are herein incorporated by reference and realleged as Racketeering Acts Nos. 55 through 61 of this complaint as if fully set forth herein.

b. Collateral Estoppel

In 1992, in the case of United States v. John M. Riggi, et al ., Criminal No. 89-380 (AMN) , in the united States District Court for the District of New Jersey, defendant JOHN M. RIGGI pled guilty

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to Count Four, Seventeen, Eighteen, Twenty-One, Twenty-Four, Twenty-Five, Thirty and Thirty-One of the Riggi Indictment, which counts are incorporated by reference and realleged in this complaint as Racketeering Acts Nos. 54 through 61, respectively, as if fully set forth herein. Therefore, defendant JOHN M. RIGGI is estopped from denying the essential allegations underlying Racketeering Acts Nos. 54 through 61, pursuant to general principles of collateral estoppel. Certified copies of the relevant indictment, redacted indictment and the relevant judgment of conviction are attached to this complaint as Exhibits 17, 17R and 18.

53. Racketeering Acts Nos. 62 and 63

a. At all times material to Racketeering Acts Nos. 62 and 63, Hazardous Waste Removal Local 1030 of LIUNA ("Local 1030), located in Elizabeth, New Jersey, was a labor organization engaged in an industry affecting commerce in that it did represent, sought to represent and would admit to membership persons employed by companies involved in the removal of asbestos and hazardous waste.

b. At all times material to Racketeering Acts Nos. 62 and 63, defendants JAMES J. GALLO and JAMES B. CASTALDO were officers and employees of Local 1030, that is, business agent and business manager, respectively.

c. On or about the dates corresponding to each of Racketeering Acts Nos. 62 and 63 in New Jersey and elsewhere,

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defendants JAMES J. GALLO and JAMES B. CASTALDO did unlawfully and willfully request, demand, receive and accept, and agree to receive and accept a payment, loan and delivery of money from a representative of Genesis Abatement Services, a company which contracted to remove asbestos and hazardous waste and was an employer engaged in, and the activities of which affected, interstate commerce which employed persons who would be admitted to membership in Local 1030, in the approximate amounts and on or about the dates corresponding to each of the racketeering acts specified below, with the intent to influence defendants JAMES J. GALLO and JAMES B. CASTALDO in respect to their actions, decisions and other duties as officers and employees of Local 1030, each act constituting a violation of Title 29, United States Code, Section 186 (b) (1):

d. Collateral Estoppel: In 1993, in the case United States v. James Gallo, et al., No. Cr. 92-508 (JBS), in the United States District Court for the District of New Jersey (hereafter the Gallo Indictment), the defendants JAMES B. CASTALDO and JAMES J. GALLO pled guilty to Counts 3 and 4, which counts are incorporated by reference and realleged as Racketeering Acts Nos. 62 and 63 of this complaint as if set forth herein. Therefore, defendants JAMES B. CASTALDO and JAMES J. GALLO are estopped from denying the essential allegations of Racketeering Acts Nos. 62 and 63 pursuant

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to general principles of collateral estoppel. Certified copies of the relevant indictment and the relevant judgments of conviction are attached to this complaint as Exhibits 19 through 21.

H. RACKETEERING ACTS RELATED TO LUCHESE FAMILY CONTROL
OF LIUNA LOCAL UNION 66, LONG ISLAND, NEW YORK,

RACKETEERING ACTS NOS. 64 THROUGH 91

54 Introduction

At all times material to Racketeering Acts Nos. 64 through 91:

a.. General Building Laborers Local 66 of LIUNA ("Local 66"), located in Long Island, New York, was a labor organization within the meaning of Title 29, United States Code, Sections 142 (3), 152 (5), and 402 (i) and (j), which represented, sought to represent and would admit to membership, employees of Spartan Concrete Corporation, C&A Concrete Company, Meadow Concrete Corporation, More Concrete Company, J&A Concrete Corporation, and DeSantis Construction # 2 Corporation, each of whose employees were employed in and industry affecting commerce.

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

c. Defendant MAICHAEL LABARBARA, JR., was the business manager and an officer, member and employee of Local 66 and a member of the Luchese LCN family.

55. Racketeering Acts Nos. 64 through 81

From in or about May 1980 up to and including on or about May 11, 1986, in Nassau and Suffolk Counties, New York and elsewhere, defendant PETER VARIO, also known as "Jocko," did commit multiple

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acts in which he did unlawfully and willfully request, demand, receive, and accept and agree to receive and accept the delivery of money and other things of value from Spartan Concrete Corporation and from persons action in its interest, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Acts 1 through 17 and 19 of Count One and in Counts Two through Ten and Twelve of the indictment in the case of United States v. Pete Vario, et al., No. CR. 88-00719 (S) (JM), in the United States District Court for the Eastern District of New York (hereafter "the Vario Indictment"), which are incorporated by reference and realleged as Racketeering Acts Nos. 64 through 81, respectively, of this complaint as if fully set forth herein.

56. Racketeering Act No. 82

On or about September 30, 1985, in Nassau and Suffolk Counties, New York, defendants MICHAEL LABARBARA, JR., and PETER VARIO, also known as "Jocko," did unlawfully and willfully request, demand, receive, accept and agree to receive and accept sums of money, that is, approximately $5,500, from Spartan Concrete Corporation and persons action in its interest, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Act 18 of Count One and in Count Eleven of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Act No. 82 of this complaint as if fully set forth herein.

57. Racketeering Acts Nos. 83 through 86

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From in or about December 1981 to in or about December 1983, in Nassau and Suffolk Counties, New York, defendant PETER VARIO, also known as "Jocko," did commit multiple acts in which he did unlawfully and willfully request, demand, receive, accept and agree to receive and accept property from C&A Concrete Company and persons action in its interest, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Act 20 though 23 of "Count One and in Count Thirteen of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Acts Nos. 83 through 86, respectively, of this complaint as if fully set forth herein.

58. Racketeering Act No. 87

In or about December 1984 in Nassau and Suffolk Counties, New York, defendants MICHAEL LABARBARA, JR., and PETER VARIO, also known as "Jocko,'" did unlawfully and wilfully request, demand, receive, accept, and agree to receive and accept the payment and delivery of money, that is, $3,000.00, from C&A concrete Company and persons acting in its interest, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Act 24 of Count One and in Count Fourteen of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Act No. 87 of this complaint as if fully set forth herein.

59. Racketeering Act No. 88

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On or about December 21, 1987, in Nassau and Suffolk Counties, New York, defendant MICHAEL LABARBARA, JR., did unlawfully and willfully request, demand, receive, accept and agree to receive and accept the delivery and payment of a sum of money, that is, $1,500.00 from Meadow Concrete Company and persons acting in its interest, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Act 40 of Count One and in count Twenty-Nine of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Act No. 88 of this complaint as if fully set forth herein.

60. Racketeering Act No. 89

In or about 1985, in Nassau and Suffolk Counties, New York, defendant MICHAEL LABARBARA, JR., did unlawfully and willfully request, demand, receive, accept and agree to receive and accept a sum of money, that is, $1,500.00, from More Concrete Company and persons action in its interests, in violation of Title 29, United States Code, Section 186 (b) (1) and (d), and Title 18, United States Code, Section 2, as alleged in Racketeering Act 55 of Count One and in Count Forty-Four of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Act No. 89 of this complaint as if fully set forth herein.

61. Racketeering Act No. 90

In or about December 1987, in Nassau and Suffolk Counties, New York, defendant MICHAEL LABARBARA, JR., did unlawfully and willfully request, demand, accept, receive and agree to receive and accept

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the delivery and payment of a sum of money, that is, $3,500.00, from J&A Concrete Corporation and persons acting in its interest, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Act 64 and Count Fifty-two of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Act No. 90 of this complaint as if fully set forth herein.

62. Racketeering Act No. 91

On or about December 16 1987, in Nassau and Suffolk Counties, New York, defendant MICHAEL LABARBARA, JR., did unlawfully and willfully request, accept and agree to receive and accept sums of money, that is, $2000, from DeSantis Construction #2 Corporation and from Silvestro Spillabotte, the owner and a person acting in its interest, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Act 68 of Count One and in Count Fifty-Six of the Vario Indictment, which are incorporated by reference and realleged as Racketeering Act No. 91 of this complaint as is fully set forth herein.

63. Collateral Estoppel

a. In 1989, in the case of United States v. Peter Vario, et al ., No. CR 88-00719 (S)-02 (JM), in the United States District Court for the Eastern District of New York, defendant MICHAEL LABARBARA, JR., pled guilty to Counts Eleven, Fourteen, Twenty-Nine, Forty-Four, Fifty-Two and Fifty-Six of the Vario Indictment which constitute Racketeering Acts Nos. 82 and 87 through of

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this complaint. Therefore, defendant MICHAEL LABARBARA, JR., is estopped from denying the essential allegations underlying Racketeering Acts Nos. 82 and 87 through 91, pursuant to general principles of collateral estoppel. A certified copy of the relevant indictment and relevant judgment of conviction are attached hereto as Exhibits 22 and 23.

b. In 1990, in the case of United States v. Peter Vario, et al., No. CR 88-00719 (S)-01 (JM ), in the United States District Court for the Eastern District of New York, defendant PETER VARIO, also known as "Jocko," was convicted of conspiring with defendant MICHAEL LABARBARA, JR., co-conspirators Antonio Corallo, also known as "Tony Ducks," Salvatore Santoro, also known as "Tom Mix," Salvatore Avellino, and others, including James Abbatiello, whose named are both known and unknown to conduct the affairs of and enterprise, that is, the General Building Laborers' Local 66 of LIUNA, through a pattern of racketeering activity which included Racketeering Acts 1 through 16 and 19 of the Vario Indictment which constitute Racketeering Acts Nos. 64 through 87 of this complaint. Therefore, defendant PETER VARIO, also known as "Jocko," is estopped from denying the essential allegations underlying Racketeering Acts Nos. 64 through 87, pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. A certified copy of the relevant judgment of conviction is attached to this complaint as Exhibit 24

I. RACKETEERING ACTS RELATED TO BUFFALO LCN FAMILY CORRUPTION AND CONTROL
OF LIUNA LOCAL 210, BUFFALO, NEW YORK,

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RACKETEERING ACTS NOS. 92 THOUGH 97B

64. Racketeering Acts Nos. 92 through 94

a. At all times material to Racketeering Acts Nos. 92 through 94, defendant JOHN CATANZARO was an auditor and steward for LIUNA Local 210, Buffalo, New York, and a representative of employees of Gregory and Cook, Inc., whose employees worked on the construction of pipelines in the State of New York and who were employed in an industry affecting commerce.

b. At all times material to Racketeering Acts Nos. 92 through 94, defendant JOSEPH A. TODARO, JR., was a business agent of LIUNA Local 210, Buffalo, New York, and was an officer and employee of a labor organization which represented, sought to represent and would admit to membership employees of Gregory and Cook, Inc., which was engaged in the construction of pipelines in the State of New York and whose employees were employed in and industry affecting commerce.

c. At all times material to Racketeering Acts Nos. 92 through 94, Gregory and Cook, Inc., whose principal offices were located Houston, Texas, was performing work on the construction of a brineline pipeline (hereafter" the brineline project") in the area of Buffalo, New York and was engaged in and its activities affected interstate commerce.

d. Beginning on or about August 25, 1986, and continuing thereafter up to and including June 15, 1987, in Buffalo, New York and elsewhere, defendant JOHN CATANZARO did unlawfully and willfully request, demand, receive, accept and agree to receive and accept

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the payment of money in amounts in excess of $1000.00 from Gregory and Cook, Inc., and persons acting in its interest, in the form of wages and benefits for services not performed on the brineline project for the approximate time periods specified below corresponding to Racketeering Acts Nos. 92 through 94, which money and benefits defendant JOHN CATANZARO was not entitle to as legitimate compensation for, or by reason of, his services as an employee of Gregory and Cook, Inc., including his services on behalf of other employees of Gregory and Cook, Inc., all in violation of Title 29, United States Code, Section 186 (b) (1) and (d):

e. Defendant JOSEPH A. TODARO, JR., did aid, abet, counsel, command, induce and procure and did willfully cause defendant JOHN CATANZARO to commit Racketeering Acts Nos. 92 through 94, all in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2.
65. Collateral Estoppel

In 1989, in the case of United States v. John Richard Catanzaro CR. No. 88-67C, in the United States District Court for the Western District of New York (hereafter "the Cantanzaro

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Indictment"), defendant JOHN RICHARD CATANZARO pled guilty to Count Two of the indictment, which count is incorporated by reference and realleged as Racketeering Act No. 93 of this complaint as if fully set forth herein. Therefore, defendant JOHN RICHARD CATANZARO is estopped from denying the essential allegations of Racketeering Act No. 93 pursuant to general principles of collateral estoppel. Certified copies of the Catanzaro Indictment and judgment of conviction are attached to this complaint as Exhibits 25 and 26.

66. Racketeering Acts Nos. 95 through 96B

a. At all times material to Racketeering Acts Nos. 95 through 97B, defendant JOSEPH P. ROSATO was a steward and executive board member of LIUNA Local 210, Buffalo, New York, and was a representative of employees of Firstrhyme Corporation ( hereafter "Firstrhyme") and Balvac-Firstrhyme Corporation (hereafter "Balvac"), both of whose employees were employed in an industry affecting commerce.

b. At all times material to Racketeering Acts 95 through 97B, defendant DANIEL G. SANSANESE, JR., was the secretary-treasurer and a business agent of LIUNA Local 210, Buffalo, New York, and was an officer and employee of a labor organization, which represented, sought to represent and would admit to membership, employees of Firstrhyme and Balvac, both of whose employees were employed in an industry affecting commerce.

c. From on or about June 1, 1985, and continuing thereafter up to and including on or about December 31, 1986, at Buffalo, New York, defendant JOSEPH P. ROSATO did commit multiple

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acts in which he did unlawfully and willfully request, demand, receive, accept, and agree to receive and accept money and thing of value from Firstrhyme and Balvac in the form of wages and benefits for services not performed on the construction projects specified below corresponding to each racketeering act, which money defendant JOSEPH P. ROSATO was not entitled to as legitimate compensation for, or by reason of, his services on behalf of other employees of Firstrhyme and Balvac, all in violation of Title 29, United States Code, Section 186 (b) (1) and (d):

d. Defendant DANIEL G. SANSANESE, JR., did aid, abet, counsel, command, induce and procure, and did willfully cause defendant JOSEPH P. ROSATO to commit Racketeering Acts Nos. 95, 96, 97A and 97B, all in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2.

67. Collateral Estoppel

In 1991, in the case of United States v. Joseph P. Rosato Cr. No. 88-66E, in the United States District Court for the Western District of New York (hereafter " the Rosato Information"), defendant JOSEPH P. ROSATO pled guilty to a superseding information

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charging him with having violated Title 29, United States Code, Section 186 (b) (1) and (d), as alleged in Racketeering Act No. 97B above. The Rosato Information is incorporated by reference and realleged as Racketeering act No. 97B of this complaint as if fully set forth herein. Therefore, defendant JOSEPH P. ROSATO is estopped from denying the essential allegations underlying Racketeering Act No. 97B pursuant to general principles of collateral estoppel. Certified copies of the indictment, the Rosato Information and the relevant judgment of conviction are attached hereto as Exhibits 27, 27S and 28.

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

RACKETEERING ACTS NOS. 98 THROUGH 103

68. Racketeering Acts Nos. 98 through 100

a. During the period from on or about January 1, 1983, to on or about August 18, 1987, defendant PETER A. VARIO, also known as "Butch," was the business manager of LIUNA Local 46, a member local union of the LIUNA Mason Tenders District Council of Greater New York and a labor organization within the meaning of Title 29, United States Code, Sections 142 (3), 152 (5), and 402 (I) and (j) which represented, sought to represent and would admit to membership the employees of Sanita Construction Company (hereafter "Sanita") and Spartan Concrete Corporation (hereafter "Spartan"), whose employees were employed in an industry affecting commerce.

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b. In 1988, in the case ofUnited States v. Basil Robert Cervone, et al., No. CR 87-0579 (S) (TCP), in the United States District Court for the Eastern District of New York (hereafter "the Cervone Indictment"), defendant PETER A. VARIO, also known as "Butch," was charged in Count Ninety-Five with conspiring to participate in the conduct of the affairs of an enterprise, that is, a combination of LIUNA Mason Tenders Local 13, Flushing, Queens, New York and the LIUNA Mason Tenders District Council of Greater New York Trust Funds, through a pattern of racketeering activity consisting, in part, of multiple acts of receiving illegal payments from employers, in violation of Title 29, United States Code, Section 186 (b) (1) and (d).

c. Counts Fifty-Three, Sixty-One, and Sixty-Seven of the Cervone Indictment, which are alleged as Racketeering Acts 46B, 52 and 57, respectively, in Count Ninety-Five of the Cervone Indictment, charged that from on or about November 13, 1984, to on or about January 27, 1986, in New York, New York, defendant PETER A. VARIO, also known as "Butch," did commit multiple acts in which he did unlawfully and willfully request, demand, receive, accept, and agree to receive and accept payments of money from Sanita and Spartan and persons acting in their interests, in violation of Title 29, United States Code, Section 186 (b) (1) and (d) and Title 18, United States Code, Section 2, which counts are incorporated by reference and realleged as Racketeering Acts Nos. 98, 99, and 100, respectively, of this complaint as if fully set forth herein.

69. Collateral Estoppel

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In 1988, in the case of United States v. Basil Robert Cervone, et al., No. CR 87-0579 (TCP), in the United States District Court for the Eastern District of New York, defendant PETER A. VARIO, also know as "Butch," was convicted on Count Ninety-Five, the Rico conspiracy offense, as well as Counts Fifty-Three, Sixty-One, and Sixty-Seven, which included the activity charged in Racketeering Acts Nos. 98, 99, and 100 of this complaint. Therefore, defendant PETER A. VARIO is estopped from denying the essential allegations of Racketeering Acts Nos. 98, 99 and 100, pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. Certified copies of the Cervone indictment and the relevant judgment of conviction are attached to this complaint as Exhibits 29 and 30.

70. Racketeering Act No. 101

From in or about September 1988 until in or about March 1989, in New York, New York and elsewhere, defendants JAMES MESSERA, LOUIS CASCIANO and others did wrongfully conspire to obstruct, delay and affect commerce, as that term is defined by Title 18, United States Code, Section 1951 (b) (3), and the movement of articles and commodities in commerce, by extortion, as that term is defined by Title 18, United States Code, Section 1951 (b) (2), by agreeing together and with others to obtain property consisting of potential profits from Ronald M. Fino and his business, Hazardous Waste Management, Inc., (hereafter "HWM"), such property to be obtained from Ronald M. Fino and HWM with the consent of Ronald M. Fino to be induce by the wrongful use of actual and threatened

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

71. Racketeering Acts Nos. 102 and 103

a. At all times material to Racketeering Acts Nos. 102 and 103, the Mason Tenders District Council of Greater New York (hereafter " the Mason Tenders District Council"), affiliated with LIUNA, was a labor organization, which consisted of and oversaw the affairs of twelve LIUNA local unions.

b. At all times material to Racketeering Acts Nos. 102 and 103, the Mason Tenders District Council Trust Funds comprised employee benefit funds for members of the LIUNA Local Unions affiliated with the Mason Tenders District Council, one of which was the Mason Tenders District Council Pension Fund which was an "employee pension benefit fund" subject to the provisions of Title I of the Employee Retirement Income Security Act of 1974, Title 29, United States Code, Sections 1001 et. seq.

c. Racketeering Act 102

On or about November 29 and 30, 1989, the defendant JAMES MESSERA and another did embezzle, steal and unlawfully and willfully abstract and convert to their own use and the use of others, the moneys, funds, securities, premiums, credits, property and other assets of the Mason Tenders District Council Pension Fund in that JAMES MESSERA and others caused the Mason Tenders District Council Pension Fund to purchase six buildings located in Brooklyn, New York located at: 1) 383 Park Place; 2) 393 Park Place; 3) 314 Clinton Avenue; 4) 176 Nivens St.; 5) 44 Gates Avenue; and 6) 723

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Prospect Place at grossly inflated prices, in violation of Title 18, United states Code, Sections 664 and 2.

d. Racketeering Act 103

On or about February 6, 1990, the defendant JAMES MESSERA and another did embezzle, steal and unlawfully and willfully abstract and convert to their own use and to the use of others the moneys, funds, securities, premiums, credits, property and other assets of the Mason Tenders District Council Pension Fund in that JAMES MESSERA and others caused the Mason Tenders District Council Pension Fund to purchase two buildings located in Brooklyn, New York located at: 1) 280 New York Avenue and 2) 729 Washington Avenue at grossly inflated prices, in violation of Title 18, United States Code, Sections 664 and 2.

72. Collateral Estoppel

a. In 1991, in the case of United States v. James Messera, et al., No. 90 Cr. 483, in the United States District Court for the Southern District of New York (hereafter "the Messera I Indictment"), defendants JAMES MESSERA and LOUIS CASCIANO pled guilty to conspiring to participate in the conduct of the affairs of an enterprise, that is, a group of individuals associated in fact which operated in New York, New York and other locations, through a pattern of racketeering activity which included the conduct alleged in Racketeering Act No. 101. In their guilty plea allocutions, defendant LOUIS CASCIANO admitted that he personally participated in the acts constituting Racketeering Act No. 101, and defendant JAMES MESSERA admitted personal participation in other

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racketeering acts alleged in the Messara I case. Therefore, defendants JAMES MESSERA and LOUIS CASCIANO are estopped from denying the essential allegations underlying Racketeering Act No. 101, pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. Certified copies of the Messera I Indictment and the relevant judgments of conviction are attached to this complaint as Exhibits 31 through 33.

b. In 1993, in the case ofUnited States v. James Messera, et al., No. SS 92 Cr. 749 , in the United States District Court for the Southern District of New York (hereafter the "Messera II information"), defendant JAMES MESSERA pled guilty to a superseding information charging him with conspiring to conduct the affairs of an enterprise which was composed of the Mason Tenders District Council Trust Funds, through a pattern of racketeering activity. In his guilty plea allocuton, defendant JAMES MESSERA admitted personal participation in the conduct alleged herein as Racketeering Acts Nos. 102 and 103. Therefore, defendant JAMES MESSERA is estopped from denying the essential allegations underlying Racketeering Acts Nos. 102 and 103, pursuant to Title 18, United States Code, Section 1964 (d) and general principles of collateral estoppel. A copy of the relevant indictment, the Messera II Information and judgment of conviction are attached to this complaint as Exhibit 34, 34S and 35.

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

RACKETEERING ACTS NO. 104 THROUGH 109

73. Introduction

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At all times material to Racketeering Acts No. 104 through 109:

a. LIUNA Local 310, located at Cleveland, Ohio (hereafter Local 310"), was a labor organization engaged in an industry affecting commerce within the meaning of Title 29, United States Code, Sections 142(3), 152(5), 402(i) and (j), and was a labor organization which represented, sought to represent and would admit to membership, employees of Biondolillo Construction Company, Cuyahoga Wrecking Company, d/b/a Cuyahoga Environmental, and Sunnywood Construction Company, each of whose employees were employed in an industry affecting interstate commerce.

b. LIUNA Local 860, located at Cleveland, Ohio (hereafter "Local 860"), was a labor organization engaged in an industry affecting commerce within the meaning of Title 29, United States Code, Sections 142(3), 152(5), 402(i) and (j), which represented, sought to represent and would admit to membership employees of Biondolillo Construction Company, whose employees were employed in an industry affecting commerce.

c. Defendant ANTHONY D. LIBERATORE was the business manager of Local 860 during all of 1978 and 1979.

d. Defendant CHESTER J. LIBERATORE was the business manager of Local 310 during the period from in or about July 1984 to in or about January 1989.

e. In 1992, in the case ofUnited 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

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Indictment"), defendants ANTHONY D. LIBERATORE and CHESTER J. LIBERATORE were charged with participating in the conduct of the affairs of an enterprise, that is, a combination the LCN and LIUNA, through a pattern of racketeering activity including multiple acts of affecting commerce by extortion and conspiring to do so, in violation of Title 18, United States Code, Section 1951, and receiving illegal payments, in violation of Title 29, United States Code, Section 186(b)(1) and (d), and other offenses.

74. Racketeering Acts No. 104 and 105:

Continuously from in or about July 1984 up to and including in or about January 1989, in Cleveland, Ohio and elsewhere, defendant CHESTER J. LIBERATORE did wrongfully obstruct, delay, and affect commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), and the movement of articles and commodities in commerce, by extortion, as that term is defined by Title 18, United States Code, Section 1951(b)(2), and did attempt and conspire with others to do so, in that defendant CHESTER J. LIBERATORE did obtain, and attempt and conspire with others to obtain, the property of Robert J. Biondolillo and his business, Biondolillo Construction Company, with Robert J. Biondolillo's consent having been induced by the wrongful use of actual and threatened force, violence, and fear, including the fear of physical and economic harm, that is, the defendant CHESTER J. LIBERATORE threatened to withhold performance bonds to which defendant CHESTER J. LIBERATORE had no lawful right, claim, or ownership, and which the Biondolillo Construction Company required

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in order to engage in its lawful business pursuits, as charged in Racketeering Acts 2A and 2B of Count One of the Liberatore Indictment, which racketeering acts are incorporated by reference and realleged, respectively, as Racketeering Acts Nos. 104 and 105 of this complaint as if fully set forth herein.

75. Racketeering Acts Nos. 106 through 109

From in or about October 1978 to in or about December 1988, in Cleveland, Ohio and elsewhere, defendants ANTHONY D. LIBERATORE and CHESTER J. LIBERATORE did commit multiple acts in which they did unlawfully and wilfully request, demand, receive, accept and agree to receive and accept payments of money and other things of value from employers whose employees were employed in an industry affecting commerce and whom LIUNA Locals 310 or 860 represented, sought to represent and would admit to membership, and persons acting in such employers' interests, in violation of Title 29, United States Code, Section 186(b)(1) and (d) and Title 18, United States Code, Section 2, as alleged in Racketeering Acts 2C, 3, 4, and 5 of the Liberatore Indictment, which racketeering acts are incorporated by reference and realleged, respectively, as Racketeering Acts Nos. 106 through 109 of this complaint as if fully set forth herein.

76. Collateral Estoppel

a. In 1993, in the case ofUnited States v. Anthony D. Liberatore. et al., No. 1:92CR0184, in the United States District Court for the Northern District of Ohio, defendant ANTHONY D. LIBERATORE was convicted of having participated in the conduct of

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the affairs of an enterprise, consisting of the LCN and LIUNA, through a pattern of racketeering activity consisting of multiple violations of Title 29, United States Code, Section 186(b), as alleged in Racketeering Acts 2C, 3 and 5, of the Liberatore Indictment and which are realleged as Racketeering Acts Nos. 106, 107 and 109, respectively, of this complaint as if fully set forth herein. On March 21, 1994 ANTHONY D. LIBERATORE was sentenced to serve 120 months in prison. Therefore, defendant ANTHONY D. LIBERATORE is estopped from denying the essential allegations underlying Racketeering Acts Nos. 106, 107 and 109, pursuant to Title 18, United States Code, Section 1964(d) and general principles of collateral estoppel. Certified copies of the relevant indictment and jury verdict form are attached to this complaint as Exhibits 36 and 38.

b. In 1993, in the case ofUnited States v. Anthony D. Liberatore. et al, No. 1:92CR0184, in the United States District Court for the Northern District of Ohio, defendant CHESTER J. LIBERATORE pled guilty to Counts 5 and 6 of the Liberatore Indictment which constituted Racketeering Acts 2C and 5 of Count One of the Liberatore Indictment and which constitute Racketeering Acts Nos. 106 and 109 of this complaint. Therefore, defendant CHESTER J. LIBERATORE is estopped from denying the essential allegations underlying Racketeering Acts Nos. 106 and 109 pursuant to general principles of collateral estoppel. A certified copy of the relevant judgment of conviction is attached to this complaint as Exhibit 37.

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L. RACKETEERING ACT RELATING TO BUFFALO LCN FAMILY ATTEMPT TO CONTROL TRAINING FUNDS OF UPSTATE NEW YORK LIUNA LOCAL UNIONS

RACKETEERING ACTS NOS. 11OA - 110L

77. Racketeering Act No. 110 consists of the following offenses, sub-predicates A through L, any one of which subpredicate acts, standing alone, is sufficient to constitute Racketeering Act 110.

78. Sub-Predicate Racketeering Act No. 110A

a. Paragraphs 10 c., 12 d., g., h., i, j., k., 13 t., u., v., 14 a. and g. and 15 c. and e. of this complaint are incorporated by reference in this racketeering act and in Racketeering Acts 110B through 110L and realleged as if fully set forth herein.

b. From in or about 1986 to on or about July 31, 1994, defendants ARTHUR ARMAND COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE, JR., co-conspirators Arthur E. Cola and Angelo Fosco,and others whose names are both known and unknown did wrongfully attempt to obstruct, delay and affect commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), by extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), and did conspire to do so, all in violation of Title 18, United States Code, Sections 1951 and 2.

c. The aforementioned defendants and co-conspirators have attempted and conspired to obtain property from the membership of LIUNA Locals 186 (Plattsburgh, N.Y.), 214 (Oswego, N.Y.), 322 (Massena, N.Y.) and 435 (Rochester, N.Y.) (hereafter "the upstate locals") by attempting to induce the upstate locals to surrender

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control of Laborers' Union Local 186 Educational and Training Fund, the Laborers' Local Union No. 214 of Oswego, New York and Vicinity Training and Education Fund, the Laborers' Local 322 Training and Education Fund, the Rochester Laborers' Apprentice and Training Fund, which is affiliated with LIUNA Local 435, (hereafter "the local funds") and the Upstate New York Laborers' Education and Training Fund, which is sponsored by the local funds (hereafter, the ''Upstate Fund"), each of which was established through collective bargaining with employers and pursuant to Title 29, United States Code, Section 186(c)(6), to individuals who were members and associates of the Buffalo LCN family. The said property includes, but is not limited to, the following: 1) the moneys and assets of the local funds and the Upstate Fund; 2) the right of the members of the upstate locals to loyal and faithful representation by union officers, agents, shop stewards and other representatives as guaranteed by Title 29, United States Code, Section 501(a); and 3) the right of the members of the upstate locals as participants in employee benefit plane in which money was paid by employers of members of the upstate locale to trust funds established and maintained by the upstate locals for the purpose of defraying the costs of training programs pursuant to Title 29, United States Code, Section 186 (c)6), to have the said employee benefit plane administered for the sole and exclusive benefit of the participant. by the fiduciaries of such employee benefit plane, as guaranteed by the Employee Retirement Income Security Act of

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1974, as amended, Title 29, United States Code, Sections 1101 through 1114.

d. The aforementioned defendants and co-conspirators employed the wrongful use of actual and threatened force, violence, and fear including fear of economic harm, by various means, including, but not limited to, the allegations set forth in Paragraph 19 above, which is herein incorporated by reference and realleged as if fully set forth herein, to induce the members of the upstate locals to consent to the surrender of the property described above.

79. Sub-predicate Racketeering Acts 110B-110L

a. The following paragraph b. is realleged as a part of each of sub-predicate Racketeering Acts Nos. 1108 through 110L.

b. From in or about 1986 to on or about July 31, 1994, in Rochester, New York and elsewhere, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE, JR., and co-conspirators Arthur E. Coia and Angelo Fosco and others whose names are both known and unknown devised and intended to devise a scheme and artifice to defraud and to obtain money and property under false and fraudulent pretenses, representations and promises, that is, to defraud the members of the upstate locals of the property described in Paragraph 78 c. above, well knowing at the time that the pretenses, representations and promises would be and were false when made. For the purpose of executing said scheme, the defendants and the co-conspirators would do the following:

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(1) the defendants would attempt to establish regional training centers located in Buffalo, New York and Albany, New York which would be financed by contributions from employers of members of various LIUNA local unions located in upstate New York pursuant to the provisions of Title 29, United States Code, Section 186(c)(6) and which would, in part, replace a training center located in Oswego, New York which had been established by the local funds and the Upstate Fund and which had been financed by contributions from employers of members of the upstate locals pursuant to the provisions of Title 29, United States Code, Section 186(c)(6);

(2) the operations of the regional training centers located in Buffalo, New York and Albany, New York would be controlled by LIUNA officials who were members and associates of, or controlled by, the Buffalo LCN family;

(3) the defendants and their co-conspirators would attempt to establish the regional training centers located in Buffalo, New York and Albany, New York to reward contractors and service providers favored by the Buffalo LCN family, to provide employment to members and associates of the Buffalo LCN family without regard to the professional qualifications of these individual and to pay for unnecessary or extravagant travel and entertainment expenses to the defendant LIUNA officials and others;

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(4) the defendants and their co-conspirators and others who held positions as officials and employees in LIUNA would attempt to unlawfully use procedures established by the various LIUNA constitutions, including the imposition of trusteeships, the revocation of local union charters and the creation of district councils, to coerce and induce the upstate locals to surrender control of local union training trust funds to members and associates of the Buffalo LCN family;

(5) the defendants and their co-conspirators would attempt to deprive the members of the upstate locals of the control, through their elected local union representatives, of trust funds established for the sole and exclusive benefit of LIUNA members for training programs pursuant to the provisions of Title 29, United States Code, Sections 186(c)(6) and 1101 through 1114;

(6) the defendants and their co-conspirators would and did misrepresent, conceal and hide and cause to be misrepresented, concealed and hidden, the purpose of and acts done in furtherance of the scheme to defraud.

c.Sub-Predicate Racketeering Act 110B:

On or about December 11, 1989, for the purpose of executing and attempting to execute the aforesaid scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, and representations and promises, and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A.

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TODARO, JR., and DANIEL G. SANSANESE, JR., and co-conspirators Arthur E. Coia and Angelo Fosco did knowingly cause to be placed in an authorized depository for mailmatter, to be sent and delivered by the United States Postal Service according to the direction thereon, envelopes addressed to:

LIUNA Local 186
25 Elm Street
Plattsburgh, New York 12901

LIUNA Local Union 214
23 Mitchell Street
Oswego, New York 13126

LIUNA Local 322
P.O. Box 361
Massena, New York 13662 and

LIUNA Local 435
20 Fourth Street
Rochester, New York 14609

each of which contained a letter from then LIUNA General President Angelo Fosco directing these four LIUNA local union members of the Upstate New York Laborers' Education and Training Fund to affiliate their jointly administered training trust funds, established pursuant to negotiations with employers of members of those LIUNA local unions, with the regional training trust funds to be established in either Albany, New York or Buffalo, New York.
In violation of Title 18, United States Code, Section. 1341, 1346 and 2.

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i. Sub-Predicate Racketeerlng Act 110E:

On or about April 21, 1992, for the purpose of executing and attempting to execute the aforesaid scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations and promises and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE, JR., and co-conpirators Arthur E. Coia and Angelo Fosco did knowingly cause to be placed in an authorized depository for mail matter, to be sent and delivered by the United States Postal Service according to the direction thereon, envelopes addressed to approximately 20 LIUNA Local Unions located in upstate New York each containing a letter notifying the business managers of those local unions to attend a meeting in Albany, New York on June 8, 1992, for the purpcee of forming an Upstate New York Laborers' District Council.

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In violation of Title 18, United States Code, Sections 1341, 1346 and 2.

j. Sub-Predicate Racketeering Act 1101:

On or about May 7, 1993, for the purpose of executing and attempting to execute the aforesaid scheme to defraud and to obtain money and property by means of false and fraudulent pretenses, representations and promises, and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE, JR., did knowingly cause to be placed in an authorized depository for mail matter, to be sent and delivered by the United States Postal Service according to the direction thereon, envelopes addressed to:

LIUNA Local l86
25 Elm St.
Plattsburgh, New York 12901

LIUNA Local 214
23 Mitchell Street
Oswego, New York 13126

LIUNA Local 322
P.O. Box 361
Massena, New York 13662

LIUNA Local 435
20 Fourth Street
Rochester, New York 14609

and various other LIUNA local unions, each of which contained a letter from Anthony M. Traini, Esq., Providence, Rhode Island, notifying the business managers of these LIUNA local unions that Anthony M. Traini, Esq., had been appointed by defendant ARTHUR A. COIA, as General President of LIUNA, to conduct an investigation into matters concerning the activities of the Upstate New York

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Provisional District Council and certain of its member local unions and requesting extensive documentation and information concerning the finances and operation of the local unions as well as a copy of General President ARTHUR A. COIA's letter appointing Anthony M. Traini to this position.

  In violation of Title 18, United States Code, Sections 1341, 1346 and 2.

k. Sub-Predicate Racketeering Act 110J:

On or about February 17, 1994, for the purpose of executing and attempting to execute the aforesaid scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations and promises, and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE, JR., did knowingly cause to be placed in an authorized depository for mail matter, to be sent and delivered by the United States Postal Service according to the direction thereon, envelopes addressed to:

Mr. Robert Brown
Business Manager
Local 435
20 Fourth Street
Rochester, New York 14609

New York/New Jersey Regional Office
1435 Morris Avenue
Union, New Jersey 07083

Upstate New York District Council
890 Third Street
Albany, New York 12206

each of which contained a copy of a letter to Robert Brown, business manager of LIUNA Local 435, Rochester, New York, from

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LIUNA General President ARTHUR A. COIA notifying Robert Brown that the International Union was in receipt of reports that Local 435 conducted contract negotiations in blatant disregard of the District Council's authority over collective bargaining, and that if these reports are true it is the intention to cause an Order to Show Cause to be issued why a supervision and trusteeship over Local 435 should not be imposed or its charter revoked, or why discipline should not be imposed against Brown.

In violation of Title 18, United States Code, Sections 1341, 1346 and 2.

1.Sub-Predicate Racketeering Act 110K:

On or about February 24, 1994, for the purpose of executing and attempting to execute the aforesaid scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations and promises, and attempting to do so, defendants ARTHUR A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE, JR., did knowingly cause to be placed in an authorized depository for mail matter, to be sent and delivered by the United States Postal Service according to the direction thereon, envelopes addressed to:

Local 435
Its Officers and Members
20 - Fourth Street
Rochester, New York 14609

New York/New Jersey Regional Office
1435 Morris Avenue
Union Hill, New Jersey 07083

Upstate New York Laborers' District Council
890 Third Street
Albany, New York 12206

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each of which contained a copy of a letter to the Brothers and Sisters of LIUNA Local Union 435, Rochester, New York, from LIUNA General Secretary-Treasurer James J. Norwood notifying the officers and members of Local 435 that for the reasons set forth in an attached memorandum from General President ARTHUR A. COIA dated February 24, 1994, an Order to Show Cause hearing would be conducted on March 10, 1994, at the Marriott Hotel in Albany, New York and ordering Local Union 435 and Robert Brown to defend against the charge that they violated specified provisions of the Uniform District Council Constitution.

In violation of Title 1B, United States Code, Sections 1341, 1346 and 2.

m. Sub-Predicate Racketeering Act 110L:

On or about March 1, 1994, for the purpose of executing the aforesaid scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations and promises, and attempting to do so, defendants Arthur A. COIA, SAMUEL J. CAIVANO, JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., and DANIEL G. SANSANESE JR., did knowingly cause to be transmitted in interstate commerce by means of a wire communication certain signals and sounds, that is, a telephone conversation between Washington, D.C. and Rochester, New York in which an official of LIUNA falsely told Robert Brown that, at Brown's request due to the unavailability of Browns attorney, the formal hearing to show cause why LIUNA Local 435 should not be placed in trusteeship would be continued to a later date.

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In violation of Title 38, United States Code, Sections 1343, 1346 and 2.

XIII

SUMMARY OF THE RACKETEERING ACTS
CHARGED AGAINST EACH DEFENDANT

80. Set forth below is a chart indicating those Racketeering Acts in which each defendant, who is named in this Complaint in his individual capacity, personally participated:

NAME

RACKETEERING ACT(S

VIOLATIONS

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NAME

RACKETEERING ACT(S)

VIOLATIONS

XIV

THE FAILURE OF LIUNA OFFICIALS
TO SATISFY THEIR ETHICAL OBLIGATIONS

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81. Ethical Obligations of LIUNA Officials:

The LIUNA defendants, including the members of the Board, are obliged by the Constitution, the Ethical Standards of the AFL-CIO, and various provisions of law to faithfully carry out their duties for the sole benefit of the union membership, to ensure the union membership its rights to fully participate in the union election process, to express their views about union affairs, and to take appropriate measures to eliminate corruption in the union's affairs, including to eliminate anyone who is a "crook [or] racketeer" from positions of union leadership. The LIUNA defendants were on notice of numerous convictions of various LIUNA officials and employees and their organized crime cohorts for the pattern of racketeering activity set forth in paragraphs 28 through 75 above as well as numerous other convictions of LIUNA officials. In addition, the LIUNA defendants were on notice of pervasive corruption within LIUNA and the influence of the LCN in the affairs of LIUNA from news media accounts and well publicized official government reports of such corruption. Nevertheless, the LIUNA officials have failed to take adequate measures to investigate and discipline corrupt union officials and to eliminate and address such corruption and organized crime influence, and thereby violated their known ethical obligations. Set forth below is a description of the ethical obligations imposed upon all LIUNA officials:

a. Ethical Obligations Imposed by LIUNA Constitutions:

(1) Pursuant to Article IX, Section 6 of the LIUNA Constitution, defendant ARTHUR A. COIA and co-conspirator

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Angelo Fosco, as General Presidents of LIUNA, were and are 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, defendant ARTHUR A. COIA and co-conspirator Angelo Fosco, as General Presidents of LIUNA, were and are under a duty to root out and take corrective action to correct corruption and financial malpractice and to ensure that democratic procedures are followed in District Councils and Local Unions;

(3) Pursuant to Article II, Section 2(j) of the LIUNA Constitution, Article III, Section 1 of the Uniform District Council Constitution as prescribed by the Constitution (hereafter "the District Council Constitution"), and Article II, Section l (b) of the Uniform Local Union Constitution as prescribed by the Constitution (hereafter "the Local Constitution"), all of the LIUNA officer defendant. were and are under a duty to conduct their offices in such a manner to promote a better understanding by the government and the general public of the aims of LIUNA and the labor movement as a whole;

(4) Pursuant to Article II Section l (q) of the Constitution, Article III of the District Council Constitution, and Article II, Section l (b) of the Local

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Constitution, all of the LIUNA officer defendants were and are under a duty to conduct the affairs of their offices in such a manner as will protect, conserve, and promote the welfare of LIUNA, its affiliates, and its members; and

(5) Pursuant to Article II, Section l (c) of the Local Constitution, all of the LIUNA officer defendants were and are under a duty to conduct the affairs of the local unions and to ensure that the affairs of the local unions were conducted in such a manner which would most tend to enhance, conserve, and protect the welfare and interests of the International Union, its affiliates and members.

b. Ethical Standards of the American Federation of Labor Congrees of Industrial Organizations (hereafter "AFL-CIO"):

In 1956, LIUNA specifically adopted the ethical standards of the AFL-CIO which are set forth in Article XII of the Constitution of the AFL-CIO (hereafter "the Ethical Standard), which require all LIUNA officers to keep LIUNA free from any taint of corruption by imposing the following duties, among others, upon union officials, as follows:

(1) Code III of the Ethical Standards requires LIUNA to bar any person known to be a crook or racketeer from holding any office in LIUNA;

(2) Code V of the Ethical Standards prohibits the use of any union funds as loans or investments for the personal profit or investment of any LIUNA official; and

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(3) Code II of the Ethical Standards prohibits the LIUNA officer defendants from any personal ties with any outside agency doing business with an employee benefit plan.

c. Ethical Obligation. Imposed by Law:

All of the LIUNA officer defendants occupied and occupy positions of trust with respect to LIUNA and its affiliated entities of which they were and are officials, in accordance with Title 29, United States Code, Section 501(a). These obligations are as follows:

(1) All of the LIUNA officer defendants were and are under a duty to hold the money and property of LIUNA and all of its affiliated organizations solely for the benefit of LIUNA and its members and to manage, invest, and expend the same in accordance with its constitution and local bylaws and any resolutions promulgated thereunder, pursuant to Title 29, United States Code, Section 501(a); and (2) All of the LIUNA officer defendants were and are under a duty to refrain from dealing with LIUNA and its affiliated entities of which they were officials as an adverse party in any matter connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of LIUNA and its affiliated entities of which they were officials, pursuant to Title 29, United States Code, Section 501(a).

82. Widespread Publicity of Corruption Within LIUNA: Numerous public reports issued by federal and state governmental bodies as

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well as articles appearing in newspapers and periodicals have reported on the widespread corruption within LIUNA and the infiltration and domination of LIUNA by organized crime and gave notice to the Board and other responsible officials in LIUNA of such corruption and organized crime influence. Faced with this widespread publicity, the General Executive Board has failed to take adequate action to correct this corruption. Three widely reported studies of corruption within LIUNA and the material they reported are as follows:

a. The Report of the President's Commission on Organized Crime:

In April and October 1985 and March and April 1986, the President's Commission on Organized Crime (hereafter referred to as "the President's Commission" or "The PCOC") issued reports in which it concluded that LIUNA and its subordinate bodies had been improperly influenced and controlled by Organized Crime. See: 1) President's Commission on Organized Crime, Record of Hearings VI, April 22-24, 1985, Chicago, Illinois, ORGANIZED CRIME and Labor - Management Racketeering in the United States, (April 1985) (hereafter referred to as "the record of hearings"); 2) Presidents Commission on Organized Crime, Report to the President and the Attorney General. THE EDGE: Organized Crime. Business and Labor Unions. Appendix, (October 1985) (hereafter referred to as " THE EDGE. Appendix"); 3) President's Cohesion on Organized Crime, Report to the President and the Attorney General. THE EDGE: Organized Crime. Business and Labor Unions, (March 1986)

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(hereafter referred to as "THE EDGE"); and 4) President's Commission on Organized Crime, Report to the President and the Attorney General, THE IMPACT, Organized Crime Today (hereafter referred to as "THE IMPACT"). The President's Commission publicly reported that LIUNA is "a union with clear ties to organized crime." THE EDGE, Section Six: THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA (LIUNA) at page 162. Among other things, the various PCOC documents reflect the following:

(1) In the March 1986 report entitled "THE EDGE: Organized Crime. Business and Labor Unions " at pages 145 through 163, the President's Commission set forth specific findings regarding organized crime figures' improper influence and control over the affairs of LIUNA and its subordinate bodies, including the following:

(a) "Based on reports of federal law enforcement and its own investigation, the Commission has found that organized crime has a documented relationship with at least 26 LIUNA Locals, 3 District Councils, as well as the International Union. (Id. at 146);

(b) "On the international level organized crime exerts its influence principally through top officers who are associates of organized crime. This judgment is supported by surveillances of LIUNA General President Angelo Fosco meeting with members of the Chicago La Cosa Nostra group known to its members as

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the "Outfit." For example, Fosco was observed meeting with Paul DeLucia, former leader of the Chicago La Cosa Nostra; and Dominic Blasi, member of the Chicago LCN (footnote omitted)." (Id. at 146-147);

(c) "Fosco has named as special international representatives convicted Chicago LCN territorial boss Al Pilotto and indicted Laborer's official and St. Louis LCN boss Matthew Trupiano (footnote omitted)." (Id. at 147);

(d) ''One of LIUNA's vice presidents is John Serpico. Serpico is also president of LIUNA Local 8 in Chicago. In testimony before the Commission in 1985, Serpico admitted that he is a friend or personal acquaintance of virtually every important organized crime leader in Chicago. These include Tony Accardo, the 'boss of the bosses' in the Chicago La Cosa Nostra, and Joseph Aiuppa and Jackie Cerone, the LCN's principal underbosses to Accardo. Serpico also knows several LCN territorial bosses who report to Aiuppa and Cerone, including Vincent Solano, president of LIUNA Local 1, Al Pilotto, formerly president of LIUNA Local 5, and Joseph Ferriola, who Serpico stated was a 'close personal friend' (footnotes omitted). " (Id. at 147);

(e) "As president of Local 8, Serpico has employed LCN members to serve as the local's officers and agents. Business agent Fiore Buccieri is the son of

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deceased LCN territorial boss 'FiFi' Buccieri. Business agent Steve Torello is the son of the deceased LCN territorial boss 'Turk' Torello." (Id. at 147-148);

(f) "For approximately seven years Chicago LCN member John Fecarotta was listed as a Local 8 'business agent' and "organizer.' Fecarotta, himself a boss in the Chicago LCN, reports to LCN territorial boss Angelo LaPietra. In his testimony to the Commission Serpico could not relate a single specific contribution that Fecarotta made to Local 8 .... Fecarotta was apparently a 'ghost' employee who received an unearned salary and apparently used his union position as a legitimate cover (footnotes omitted), " (Id. at 148);

(g) "As Serpico's Local 8 illustrates, organized crime's influence over LIUNA is most extensive at the local level. This control is particularly concentrated in large cities, such as Chicago, Cleveland, St. Louis, and New York, as well an smaller cities such as in New Jersey. " (Id. at 149);

(h) The best documented examples are influenced locals in the Chicago region. Again, the degree of the control is relative to the number of union offices held by LCN members or their relatives.. (Id. at 149); and

(i) The Presidents Commission further reported that: ." . . LIUNA Local 1 in Chicago provides a safe haven for known members and leaders of the Chicago La

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Cosa Nostra. The president of Local 1 is Vincent Solano, a territorial boss of the LCN Outfit on the north side of Chicago. Ken Eto, an LCN associate, . . . described Solano's operation . . . in testimony before the commission. . . . Solano controlled all forms of illegal gambling. . . in his area. . . . Solano used the Local's headquarters as a contact point for his criminal organization. . . . Solano confirmed meetings at prearranged locations near the union hall and met with members of his crew to receive payoffs, give directions, and, in the words of Eto receive 'respect' from those who worked for him. . . . Solano apparently suspected that Eto might be a government informant, and he ordered him killed. On February 10, 1983, John Gattuso and Jasper Campise, members of Solano's group, shot Eto three times in the back of the head. Miraculously Eto lived and became a government informant. (Later), the mutilated and strangled bodies of Campise and Gattuso were discovered in the trunk of a car. . . . Solano remains president of Local 1. (Id. at 149-151)

b. The Interim Report of the New York State Organized Crime Task Force on Corruption and Racketeering in the New York City Construction Industry:

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

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construction industry in New York City. The report was entitled Corruption and Racketeering in the New York City Construction Industry (hereafter referred to as "the interim report"). One of the segments of the interim report (Id. at 69-74), examined the influence which the LCN has over construction unions. In that regard, the interim report concluded as follows:

(1) "Cosa Nostra's primary base of power in the construction industry is in the construction unions. Paul Castellano, boss of the Gambino Crime Family until his murder in 1985, put it bluntly: 'Our job is to run the unions.' . . . Many district councils have been infiltrated or taken over by Cosa Nostra. Control over the district councils is particularly significant, because it affords Cosa Nostra power to manipulate and ultimately to dominate the locals under the district council's jurisdiction."(Id. at 69);

(2) As examples of LCN dominance over construction unions, the report noted, among other instances, the following (Id. at 70-73):

(a)" Laborers Local 6A of the Cement and Concrete Workers union has long been dominated by Cosa Nostra. Until recently, Cosa Nostra controlled this local, as well as the District Council of which it is a member, through Ralph Scopo, a soldier in the Colombo Crime Family. Scopo resigned as president of the District

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        Council in 1985 after being indicted on federal racketeering charges for which he was later convicted. Scopo's sons,          Joseph and Ralph, continued to be affiliated with both the District Council and Local 6A, with Joseph serving as          president of Local 6A until their recent resignations. "

(b) "Laborers Local 20 of the Cement and Concrete Workers union, also a

        member of the Concrete Workers District Council, was until recently controlled by Luigi 'Louie Beans' Foceri and          Frank Bellino, both of whom were former Vice-Presidents of Local 20 and members of the Lucchese Crime Family.
.

(c) "Laborers Local 18A of the Cement and Concrete Workers union, another District Council member, is controlled by Vincent DiNapoli, a Genovese Family capo. DiNapoli exercises his control through the local's secretary/treasurer, Eugene McCarthy. DiNapoli, who was convicted in 1980 for labor racketeering in the drywall industry, was recently indicted, along with fourteen other members and associates of Cosa Nostra, on various charges of construction related racketeering."

(d) "Laborers Local 66 of the General Building Laborers union is controlled by

        Peter Vario, a Vice President of the Local and member of the Lucchese Crime

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        Family. Peter Vario is the nephew of Lucchese Family capo Paul Vario."

(e) "Laborers Local 23 of the Mason Tenders Union was, until his conviction

        for labor racketeering six months ago, controlled by Louis Giardina, a former President of the Local and soldier in          the Gambino Family. Local 23 controls concrete masonry on many building jobs in the New York metropolitan           area."

(f) "Laborers Local 59 of the Mason Tenders Union was controlled by Daniel

        Pagano, a Genovese Family member and a former business manager for the local, until his conviction in one of the          LILREX prosecutions. "

(g) "Laborers Local 95 of the Housewreckers Union in controlled by Vincent

        'Chin' Gigante, boss of the Genovese Crime family. . . ."

(h) "Laborers Locals 47 and 13 of the Mason Tenders Union were identified as long ago as 1969 as racketeer dominated unions. Local 13, based in Queens, was found to be controlled by 'Trigger  Mike' Coppolla, a capo in the Genovese Family. Local 13 Secretary/Treasurer George Cervone was murdered during  a bitter struggle for control of the local. Electronic surveillance of a Gambino Family capo revealed that the Gambino Family dictated the appointment of Local 47 Business Agent Thomas Cucchiara.."

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c. The Mother Jones Article:

The August 1980 issue of Mother Jones, a periodical published in San Francisco, California, contained an article on page 34, entitled Six Ways to Take over a Union (hereafter referred to as "the Mother Jones article"). The Mother Jones article reported numerous allegations of control and corrupt influence over LIUNA and its leadership including the following:

(1) That JOHN RIGGI dominated LIUNA Local 394 through the power of Simone "Sam the Plumber" DeCavalcante and that RIGGI operated the affairs for the benefit of the DeCavalcante LCN family. Further, the Mother Jones article reported that RIGGI cemented his power through the use of the hiring hall operated by Local 394 and denied work to those who resisted him; (Id. at 36-37) ,

(2) That Angelo Fosco and many of the LIUNA Local Unions in Chicago, Illinois, were dominated by the Chicago LCN family; and (Id. at 37-38)

(3) That the locals that make up the Mason Tenders District Council in New York City are dominated by the Genovese, Gambino, and Lucchese LCN families who received payoffs from contractors in exchange for labor peace and the use of non-union labor. (Id. at 39) d. LIUNA issued a response to the Mother Jones article in which the union questioned the motivations and impartiality of the authors who wrote the article. There is no record in the Department of Labor (DOL), however, that LIUNA took any action

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with respect to the Mother Jones article other than issuing the rebuttal. There is no indication in DOL files that LIUNA has ever imposed a trusteeship on Local 394, even after JOHN RIGGI was convicted of receiving payoffs from employers in exchange for labor peace and the use of non-union labor and incarcerated. Nor is there any indication in DOL files that any LIUNA organization among the locals referred to in either the article or the report of the President 's Commission were ever placed under trusteeship. With respect to the Mason Tenders District Council, there is no indication that any part of that organization has ever been placed under trusteeship except for the sham trusteeships imposed on Locals 13, 66 and 46 mentioned in paragraphs l9.d.(4)(b) (c) and (d), respectively above.

83. Specific Instances of Failure to Take Adequate Action to Eliminate Corruption:

The following are specific examples, among others, in addition to the activity alleged in paragraphs 19 through 79 above, of the LIUNA defendants' failure to take adequate action to eliminate substantial corruption within the enterprise:

a. In 1990, defendant JOHN RIGGI, the acting boss of the DeCavalcante LCN family, was convicted of federal offenses as alleged in Racketeering Acts Nos. 54 through 61 above. Following his entry into prison on this conviction, he continued to exercise influence in the affairs of LIUNA local unions in Northern New Jersey.

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b. In 1980, defendant ANTHONY D. LIBERATORE was convicted on bribery charges and later convicted in 1982 for conducting the affairs of the Cleveland family through a pattern of racketeering activity including murder, as set forth in paragraph l9.c.(1) above. After entering custody in 1982, and for at least an eight year period thereafter, defendant ANTHONY D. LIBERATORE continued to exercise influence in the affairs of LIUNA Locals 310 and 860, both in Cleveland, Ohio, despite being incarcerated.

c. After Ronald P. Scaccia was incarcerated in 1981 because of his conviction alleged in paragraph l9.c.(9) above, a number of the members of LIUNA Local 214 located in Oswego, New York, using the internal remedies of LIUNA, complained that they had been discriminated against in the assignment of work as a result of their having opposed Scaccia's handpicked successors in the Local 214 elections held in 1978. The General Executive Board of LIUNA summarily dismissed the complaint of these members. Following the rejection of these claims, these dissident members filed suit against Ronald P. Scaccia and the members of the executive board of Local 214. In 1988, that law suit was settled and $1.2 million was paid to the plaintiffs. At this time, the leadership of Local 214 does not appear to be controlled by the LCN. In 1992, Local 214 was placed in the Provisional Upstate New York District Council but has been among those locals resisting the leadership of Buffalo LCN family associates Peter Gerace and Sam Fresina. In June

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1993, Local 214, along with the other locals resisting the leadership of Gerace and Fresina, were notified that the General President of LIUNA, defendant ARTHUR A. COIA, had authorized a preliminary investigation to determine whether the local union should be placed in trusteeship.

d. In July 1989, co-conspirator Gaspar Lupo died. He was replaced as president of the New York Mason Tenders District Council by his son, Frank Lupo, an associate of the Genovese LCN family who was controlled by the defendant JAMES MESSERA. On January 7, 1993, in the case ofUnited States v. Ron Miceli. et al , No. 92 CR. 749-2(JES), in the United States District Court for the Southern District of New York, Frank Lupo, the president and former business manager of the Mason Tenders District Council and a Trustee of the Mason Tenders District Council Trust Funds, pled guilty to conducting the affairs of an enterprise, the Mason Tenders District Council Trust Funds, through a pattern of racketeering activity involving a multi-million dollar embezzlement of the assets of the Mason Tenders District Council Trust Funds, in violation of Title 18, United States Code, Sections 1962(d) and 664. On July 16, 1993, Frank Lupo was sentenced to serve forty-one months in prison. (See attached Exhibit 69) Frank Lupo was replaced by his younger brother, James Lupo, as president of the Mason Tenders District Council.

e. In 1984, in the case of United States v. Stephen McNair. et al. , No. Cr. 84-00205(LBS), in the United States District Court for the Southern District of New York, business manager

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of LIUNA Local 95, New York City, Stephen McNair, was convicted of attempted extortion, in violation of Title 18, United States Code, Section 1951. On August 2, 1984, McNair was sentenced to serve five years in prison and fined $10,000. (See attached Exhibit 70) Convicted with McNair were John Roshetski, secretary-treasurer of Local 95 and Joseph Sherman, president of Local 95. On March 12, 1985, Roshetski was sentenced to serve two and one-half years in prison and fined $1,000. (See attached Exhibit 81) On August 2, 1984, Sherman was sentenced to serve seven years in prison. (See attached Exhibit 89) In 1986, in the case of United States v. Joseph Sherman, No. 86-Cr.-950, in the United States District Court for the Southern District of New York, Sherman pled guilty to distribution of narcotics within 1000 feet of a school and assault on a special agent of the Drug Enforcement Administration, in violation of Title 21, United States Code, Sections 812, 841 and 845 and Title 18, United States Code, Section 111. On January 16, 1987, Sherman was sentenced to serve three years in prison. (See attached Exhibit 90) DOL files do not reflect that LIUNA ever imposed a trusteeship on Local 95 following the conviction of all three of the principal officers of the local. As reflected in paragraph 82. b. (2)(g) above, the New York State Organized Crime Task Force reported that Local 95 is controlled by Vincent "Chin. Gigante, boss of the Genovese LCN family.

f. In 1987, in the case of United States v. George Daly. et al No. CR-86-452(S), (E.D.N.Y. 1987 ), aff'd, 842 F. 2d

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1380 (2d Cir.), cert. denied. 488 U.S. 821 (1988), Louis M. Giardina, president and business manager of LIUNA Local 23 and a "made" member of the Gambino LCN family, was convicted of RICO conspiracy, obstruction of justice, and receiving illegal payments from employers, in violation of Title 18, United States Code, Sections 1962(d) and 1510 and Title 29, United States Code, Sections 186(b)(2) and (d). On May 18, 1987, Giardina was sentenced to serve five years in prison and fined $40,000. (See attached Exhibit 99) Following Giardina's conviction and resignation from office, he was replaced by his relatives, as alleged in paragraph l9.a.(2)(d) above, and the local remained under the control of the Gambino LCN family. DOL files do not reflect that LIUNA imposed a trusteeship or took any other corrective action following the conviction of this long-time principal leader of Local 23 for crimes related to his LIUNA position.

g. Michael Mandaglio, a capo in the Gambino LCN family, was the business manager of Local 342, Newark, New Jersey, until his death in December 1990. Mandaglio was replaced as business manager of Local 342 by Anthony Proto, Sr., himself a made member of the Gambino family. In 1993, in the case of State of New Jersey v. Robert Bisaccia. et al, No. 89-0000014, in the Essex County Superior Court of the State of New Jersey, Anthony Proto, Sr., was convicted of labor extortion while serving as business manager of LIUNA Local 342, in violation of the laws of the State of New Jersey. Proto's co-

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defendant in this case was Gambino family capo, Robert Bisaccia, also known as "Bobby Cabert." On June 18, 1993, Proto, Sr., was sentenced to serve four years in prison. Proto was replaced as business manager of Local 342 by his son James Proto. DOL files do not reflect that LIUNA imposed a trusteeship or took any other corrective action following this conviction of Anthony Proto, Sr., and his replacement by his son.

XV

THE AURA OF CRIMINALITY EXISTING WITHIN LIUNA

84. Other Convictions of LIUNA Officials:

Since 1975, more than eighty LIUNA officials at the local and district council levels of the union have been convicted of federal and state offenses. These convictions demonstrate that there is an aura of criminality and pervasive lawlessness existing within LIUNA. This aura of criminality denies to the rank and file membership the benefits of union membership guaranteed them by law and by the LIUNA Constitution, and further lends to the air of intimidation which frustrates members of LIUNA in the exercise of the rights guaranteed them LMRDA. In addition to the convictions sustained by the defendants (paragraph 13) and their co-conspirators (paragraph 15) and the convictions mentioned in paragraphs 19 and 83 above,

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the following LIUNA officials, among others, have been convicted of felonies since 1975:

a. New York-New Jersey:

(1) Louis Foceri - In 1986, in the case of United States v. Louis Foceri, No. S84-CR-01034-l9(JES), in the United States District Court for the Southern District of New York, Louis Foceri, a business agent for the LIUNA Cement and Concrete Workers District Council and vice-president of LIUNA Local 20, New York City, and a member of the Luchese LCN family, was convicted of conspiracy to distribute narcotics. On June 18, 1986, Foceri was sentenced to serve three years in prison. (See attached Exhibit 55) Louis Foceri was permanently enjoined from participating in the affairs of LIUNA Local 6A and the District Council of Cement and Concrete Workers of LIUNA in the case of United States v. Local 6A. LIUNA. et al, No. 86 Civ. 4819(VLB), in the United States District Court for the Southern District of New York.

(2) Daniel Joseph Pagano - In 1982, in the case of United States v. Daniel M. Pagano, No. Cr.-81-00123, in the United States District Court in the Eastern District of New York, Daniel Joseph Pagano, business manager of LIUNA Local 59, New York City, pled guilty to receiving illegal payments from employers, in violation of Title 29, United States Code, Section l86(b)(1) and (d). On February 2,

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1982, Pagano was sentenced to serve two years in prison. (See attached Exhibit 74)

(3) Amadio Petito - In 1983, in the case of United States v. Amadio Petito, No. CR-83-108, in the United States District Court for the Eastern District of New York, Amadio Petito, secretary-treasurer of LIUNA Local 29, New York City, was convicted of perjury and obstruction of justice, in violation of Title 18, United States Code, Sections 1503 and 1623. On January 12, 1984, Petito was sentenced to serve three and one-half years in prison and to pay a $5,000 fine. (See attached Exhibit 100)

(4) Louis Sanzo - In 1984, in the case of United States v. Louis. Sanzo, No. Cr. 83-00108, in the United States District Court for the Eastern District of New York, Louis Sanzo, president of LIUNA Local 29, New York City, was convicted of making false declarations before a grand jury, in violation of Title 18, United States Code, Sections 1623(a) and 1503. On January 12, 1984, Sanzo was sentenced to serve four years in prison. (See attached Exhibit 101) In 1981, in the case of United States v. Louis Sanzo, No. CR-81-00151, in the United States District Court for the Eastern District of New York, Sanzo, was convicted of conspiracy to defraud the United States and tax evasion, in violation of Title 18, United States Code, Section 371 and Title 26, United States Code, Section 7201. On August 14, 1981, Sanzo was sentenced to serve three years in

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prison. (See attached Exhibit 101) Sanzo's tax fraud conviction was affirmed inUnited States v. Sanzo,673 F.2d 64 (2d Cir.), cert. denied, 459 U.S. 858 (1982).

(5) Dominick T. Parrotti - In 1978, in the case of United States v. Dominick T. Parrotti, No. 78-CR-1 in the United States District Court for the Northern District of New York, Dominick T. Parrotti, shop steward of LIUNA Local 7, Binghamton, New York, pled guilty to receiving illegal payments from employers, in violation of Title 29, United States Code, Section 186(b)(1). On November 13, 1978, Parrotti was sentenced to serve three years' probation. (See attached Exhibit 76)

(6) John A. Stagnitta - In 1988, in the case of United States v. John Stagnitta, No. 87-CR-182, in the United States District Court for the Northern District of New York, John A. Stagnitta, business agent of LIUNA Local 333, Syracuse, New York, was convicted of conspiracy to receive illegal payments from employers and embezzlement of the funds of Local 333, in violation of Title 29, United States Code, Sections 186(b)(1) and 501(c) and Title 18, United States Code, Section 371. On June 3, 1988, Stagnitta was sentenced to serve three years' probation. (See attached Exhibit 94)

(7) Richard R. Vaccaro - In 1981, in the case of United States v. Richard R. Vaccaro,No. 81-CR-74, in the United States District Court for the Northern District of

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New York, Richard R. Vaccaro, business manager of LIUNA Local 333, Syracuse, New York, was convicted of embezzling funds from Laborers Local 333 and mail fraud, in violation of Title 29, United States Code, Section 501(c) and Title 18, United States Code, Section 1341. On September 30, 1981, Vaccaro was sentenced to secure three months in prison and two years and nine months' probation and to pay a fine of $11,000. (See attached Exhibit 97)

(8) John B. Mondry - In 1982, in the case of United States v. John Mondry, No. CR. 82-00091-01, in the United States District Court for the Western District of New York, John B. Mondry, secretary-treasurer of LIUNA Local 621, Olean, New York, was convicted of embezzlement of the funds of LIUNA Local 621, in violation of Title 29, United States Code, Section 501(c). On October 18, 1982, Mondry was sentenced to serve one year and one day in prison. (See attached Exhibit 71)

(9) William Feeney. In 1980, in the case of United States v. William Feeney, No. Cr. 79-380, in the United States District Court for the District of New Jersey, William F. Feeney, president of LIUNA Local 734, Newark, Near Jersey, was convicted of conspiracy to solicit and receive kickbacks and soliciting and receiving kickbacks to influence operations of employee benefit plans, in violation of Title 18, United States Code, Sections 371 and

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1954. On May 16, 1930, Feeney was sentenced to serve seven years in prison. (See attached Exhibit 53)

(10) John Joseph Pasquale - In 1981, in the case of United States v. John Joseph Pasquale, No. Cr. 81-341, in the United States District Court for the District of New Jersey, John Joseph Pasquale, business manager of LIUNA Local 21, Jersey City, New Jersey, was convicted of possession of a firearm by a convicted felon, in violation of Title 18, United States Code Appendix, Section 1202(a)(1). On December 21, 1981, Pasquale was sentenced to imprisonment for seven years as a dangerous special offender under Title 18, United States Code, Section 3575. (See attached Exhibit 77) In 1977, in the case ofState of New Jersey v. John Joseph Pasquale, John Joseph Pasquale was convicted of burglary, in violation of New Jersey Statutes, Section 2A:94-1; and on February 18, 1977, Pasquale was sentenced to serve 364 day. in prison.

(11) Garland M. Taylor - In 1982, in the case of United States v. Garland M. Taylor Cr. No. 81-322, in the United States District Court for the District of New Jersey, Garland M. Taylor, Administrator and Manager of Welfare Funds for LIUNA Local 222, Camden, New Jersey, pled guilty to embezzling moneys from the Local 222 Federal Credit Union, in violation of Title 18, United States Code, Section 657. On January 8, 1982, Taylor was sentenced to serve six months in prison and four and one-half years'

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probation, and to pay full restitution. (See attached Exhibit 96) In 1982, in the case of United States v. Garland M. Taylor Cr. 82-76, in the United States District Court for the District of New Jersey, Garland M. Taylor pled guilty to embezzlement of welfare and pension funds, in violation of Title 18, United States Code, Section 664. On April 16, 1982, Taylor was sentenced to five years' probation and to pay a fine of $5,000. (See attached Exhibit 95)

b. Illinois-Indiana:

(1) Salvatore Gruttadauro - In 1986, in the case of United States v. Salvatore Gruttadauro, No. 85 Cr. 731, in the United States District Court for the Northern District of Illinois, Salvatore Gruttadauro, vice-president and recording secretary of LIUNA Local 1, Chicago, Illinois, was convicted of receiving illegal payments from employers, in violation of Title 29, United States Code, Section 186(b)(1) and (d). On May 13, 1986, Gruttadauro was sentenced to serve two years' probation and to pay a $5,500 fine. (See attached Exhibit 58)

(2) Gene Richard Hawkins - In 1983, in the case of United States v. Gene Richard Hawkins, No. 83-50009, in the United States District Court for the Southern District of Illinois, Gene Richard Hawkins, business manager of LIUNA Local 622, Greeneville, Illinois, was convicted of embezzling funds from Laborers Local 622, in violation of

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Title 29, United States Code, Section 501(c). On August 5, 1983, Hawkins was sentenced to serve two years' probation and to pay restitution in the amount of $20,526.45 to LIUNA Local 622. (See attached Exhibit 60)

(3) Robert J. Hickerson - In 1983, in the case of United States v. Robert J. Hickerson, No. 82-30092, in the United States District Court for the Central District of Illinois, Robert J. Hickerson, business manager of LIUNA Local 919, Quincy, Illinois, was convicted of embezzling funds from Laborers Local 919 and conspiracy, in violation of Title 29, United States Code, Section 501(c) and Title 18, United States Code, Section 371. On May 20, 1983, Hickerson was sentenced to serve three years in prison. Hickerson's conviction was affirmed in United States v. Hickerson, 732 F.2d 611 (7th Cir.), cert. denied, 469 U.S. 846 (1984). (See attached Exhibit 62)

(4) Nicholas Albert Guzzino - In 1991, in the case of United State. v. Dominick Palermo. et al., No. HCr.-90-0113-02, in the United States District Court for the Northern District of Indiana, Nicholas Guzzino, executive board member of LIUNA Local 5, Chicago Heights, Illinois, was convicted of substantive RICO related to conducting an illegal gambling business, in violation of Title 15, United States Code, Sections 1962(c), 1952, and 1955, in connection with what the sentencing judge found was his ""management of a mafia fiefdom in northwest Indiana. " On

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March 26, 1992, Guzzino was sentenced to serve thirty-nine years, six months in prison and fined $185,000. (See attached Exhibit 59)

(5) Dominick Palermo - In 1991, in the case of United States v. Dominick Palermo No. HCR-90-0113-01, in the United States District Court for the Northern District of Indiana, Dominick Palermo, field representative of LIUNA Local 5, Chicago Heights, Illinois, was convicted of substantive RICO relating to conducting an illegal gambling business, in violation of Title 18, United States Code, Sections 1962(c), 1952 and 1955, in connection with what the sentencing judge found was his "management of a mafia fiefdom in northwest Indiana." On March 26, 1992, Palermo was sentenced to serve thirty-two years, four months in prison, and fined $250,000. (See attached Exhibit 75)

c. Missouri-Arkansas

(1) Ronald Joseph Broderick - In 1984, in the case of United States v. Paul John Leisure. et al.No. S1-83-81Cr(2), in the United States District Court for the Eastern District of Missouri, Ronald Joseph Broderick, a business agent for LIUNA Local 110, St. Louis, Missouri, pled guilty to RICO involving murder, in violation of Title 18, United States Code, Section 1962(c). On February 10, 1984, Broderick was sentenced to serve eighteen years in prison.

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(2) Anthony J. Leisure - In 1985, in the case of United States v. Paul John Leisure. et al. No. S1-8381Cr(2), in the United States District Court for the Eastern District of Missouri, Anthony J. Leisure, business agent for LIUNA Local 110, St. Louis, Missouri, was convicted of RICO and RICO conspiracy, involving multiple acts of murder, in violation of Title 18, United States Code, Section 1962(c) and (d). On May 1, 1985, Leisure was sentenced to serve forty years in prison. (See attached Exhibit 65)

(3) Paul John Leisure - In 1985, in the case of United States v. Paul John Leisure. et al., No S1-83-81CR(2), in the United States District Court for the Eastern District of Missouri, Paul John Leisure, a business agent for both LIUNA Locals 42 and 110, both located in St. Louis, Missouri, was convicted of RICO conspiracy involving multiple acts of murder, in circumstances in which some of the victims were rivals for control of LIUNA local unions. On May 1, 1985, Leisure was sentenced to serve fifty-five years in prison. (See attached Exhibit 66)

(4) Augustus Moore - In 1983, in the case of United States v. Augustus Moore, No. 83-00069-01-Cr.-W-H, in the United States District Court for the Western District of Missouri, Augustus Moore, financial secretary of LIUNA Local 555, Kansas City, Missouri, pled guilty to making false entries in labor records, in violation of Title 29,

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United States Code, Section 439(c). On July 12, 1983, Moore was sentenced to serve three years' probation and to make restitution in the amount of $2,548.92. (See attached Exhibit 72)

(5) Robert Eugene "Bobby". Allison - In 1980, in the case ofUnited States v. Robert Eugene Allison, No. LR-CR78-112, in the United States District Court for the Eastern District of Arkansas, Robert Eugene "Bobby" Allison, president of LIUNA Local 1282, Little Rock, Arkansas, was convicted of RICO and RICO conspiracy relating to embezzlement of funds from Local 1282 and knowingly making false material declarations before the Grand Jury, in violation of Title 18, United States Code, Section 1962(c) and (d), Title 29, United States Code, Section 501(c), and Title 18, United States Code, Sections 1622 and 1623. On December 9, 1980, Allison was sentenced to serve forty months in prison, with the prison sentence suspended and to pay a $2,500 fine. (See attached Exhibit 44)

d. Connecticut:

(1) Albert Inorio - In 1979, in the case of United States v. Albert Inorio, No. N-79-48 Criminal, in the United States District Court in the District of Connecticut, Albert Inorio, president of LIUNA Local 455, New Haven, Connecticut, was convicted of embezzlement of the funds of LIUNA Local 455 and conspiracy, in violation

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of Title 29, United States Code, Section 501(c) and Title 18, United States Code, Section 371. On November 20, 1979, Inorio was sentenced to serve three years in prison. (See attached Exhibit 63)

e. Florida:

(1) Seymour A. Gopman - In 1978, in the case of United States v. Seymour A. Gopman, No. 78-108-CR-JE, in the United States District Court for the Southern District of Florida, Seymour A. Gopman, an attorney for the Southeast Florida Laborers' District Council and some of its member local unions, pled guilty to embezzlement from employee benefit plans, in violation of Title 18, United States Code, Section 664. On June 1, 1978, Gopman was sentenced to probation. (See attached Exhibit 56)
In 1978, in the case ofUnited States v. Seymour A. Gopman No. 77-470-CR-JE, in the United States District Court in the Southern District of Florida, Seymour Gopman pled guilty to receiving fees and kickbacks with intent to be influenced and filing false Internal Revenue forms, in violation of Title 18, United States Code, Section 1954 and Title 26, United States Code, Section 7206. On May 25, 1978, Gopman was sentenced to serve two years in prison and to pay a fine of $15,000.
In 1982, in the case of United States v. Anthony Accardo. et al,No. 81-00230 Cr-JWE, in the United States District Court in the Southern District of Florida,

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Seymour Gopman was convicted of RICO conspiracy by agreeing to multiple acts of receiving kickbacks relating to the sale of insurance plans to LIUNA-related benefit funds, in violation of Title 18, United States Code, Section 1962(d). On September 14, 1982, Gopman was sentenced to serve five years and four months in prison and to forfeit $1,254,964.00. (See attached Exhibit 57) Gopman's conviction was affirmed inUnited States v. Caporale, 806 F.2d 1487 (llth Cir. 1986) , cert. denied, 483 U.S. 1021 (1986).

f. Ohio:

(1) John A. Scales - In 1993, in the case of United States v. John Scales, No. CR2-93-018 (001), in the United States District Court for the Southern District of Ohio, John Scales, business manager of LIUNA Local 423, Columbus, Ohio, pled guilty to narcotics violations. On July 9, 1993, Scales was sentenced to serve ninety-six months in prison. (See attached Exhibit 87)

(2) Herbert Walker - In 1988, in the case of United States v. Herbert Walker No. Cr-2-88-108 in the United States District Court for the Southern District of Ohio, Herbert Walker, president of LIUNA Mailhandlers Local 304, Cincinnati, Ohio, and National Director of the National Post Office Mailhandlers, Watchmen, Messengers, and Group Leaders Division of LIUNA, pled guilty to embezzling union funds from Local 304 and knowingly making false entries in

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Local 304 records, in violation of Title 29, United States Code, Sections 501(c), 439(c), and 439(a) and (d). On October 7, 1988, Walker was sentenced to serve three years in prison. (See attached Exhibit 98)

g. Nevada-California:

(1) George Osley. Jr. - In 1985, in the case ofUnited States v. George Osley. Jr ,.Criminal No. S-84-477 in the United States District Court for the District of Nevada, George Osley, Jr., secretary-treasurer of LIUNA Local 872, Las Vegas, Nevada, was convicted of embezzlement of the funds of LIUNA Local 872, making false entries in Local 872 records, and obstruction of justice, in violation of Title 29, United States Code, Sections 501(c) and 439(b) & (c) and Title 18, United States Code, Section 1503. On April 1, 1985, Osley was sentenced to serve three years in prison.

(2) Manuel Renteria - In 1979, in the case ofUnited States v. Manuel Renteria, No. CR 79-425-DWW, in the United States District Court for the Central District of California, Manuel Renteria, the business manager of LIUNA Local 300, Los Angeles, California, was convicted of conspiracy, mail fraud, and receiving illegal gratuities, in violation of Title 18, United States Code, Sections 371, 1341, and 1954, relating to a fraud committed in connection with the purchase of life insurance policies and computer services to LIUNA Local 300 and its employee benefit plans.

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On September 17, 1979, Renteria was sentenced to serve three years in prison and fined $5,000.00. (See attached Exhibit 80)

h. Louisiana:

(1) Mose Collins - In 1985, in the case of United States v. Mose Collins, No. CR 85-20019-02 , in the United States District Court for the Western District of Louisiana, Mose Collins, the secretary-treasurer of LIUNA Local 207, Lake Charles, Louisiana, was convicted of conspiracy to embezzle and embezzlement of funds from LIUNA Local 207, in violation of Title 18, United States Code, Section 371 and Title 29, United States Code, Section 501(c). On October 31, 1985, Collins was sentenced to serve five years in prison, to pay a fine of $10,000, and to pay restitution in the amount of $86,156.15.

(2) Rayborn Doyle - In 1984, in the case of United States v. Rayborn Doyle No. CR84-20020-01, in the United States District Court for the Western District of Louisiana, Rayborn Doyle, a business agent and job steward for LIUNA Local 692, Baton Rouge, Louisiana, pled guilty to receiving illegal payments from employers of Local 692 members, in violation of Title 29, United States Code, Section 186(b). On December 10, 1984, Doyle was sentenced to serve six months in prison and five years' probation. (See attached Exhibit 52)

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(3) Jeremiah Hawkins - In 1989, in the case ofUnited States v. Jeremiah Hawkins No. CR. 89-0001-B, in the United States District Court in the Middle District of Louisiana, Jeremiah Hawkins, secretary-treasurer of LIUNA Local 1016, Baton Rouge, Louisiana, was convicted of embezzlement, in violation of Title 29, United States Code, Section 501(c). On May 5, 1989, Hawkins was sentenced to serve five years' probation and to pay restitution of $6,559.39 to LIUNA Local 1016. (See attached Exhibit 61)

(4) Freeman Lavergne - In 1985, in the case of United States v. Freeman Lavergne, No. CR. 85-20019-01, in the United States Court for the Western District of Louisiana, Freeman Lavergne, business manager of LIUNA Local 207, Lake Charles, Louisiana, was convicted of conspiracy to embezzle and embezzlement of funds from LIUNA Local 207, in violation of Title 18, United States Code, Section 371 and Title 29, United States Code, Section 501(c). On October 31, 1985, Lavergne was sentenced to serve five years in prison, to pay a fine of $10,000, and to pay $86,526.15 restitution to Local 207.

(5) Jimmy Odom - In 1983, in the case of United States v. Jimmy Odom,No. CR-83-50025-01, in the United States District Court for the Western District of Louisiana, Jimmy Odom, president and business manager of LIUNA Local 692, Baton Rouge, Louisiana, was convicted of making false statements in employee benefit plan records, in violation

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of Title I8, United States Code, Section 1027. On January 17, 1984, Odom was sentenced to serve five years' probation and fined $4,000.00. (See attached Exhibit 73)

XVI

THE CURRENT STATUS OF LIUNA

85. The officers and employees of LIUNA who are named as defendants in this complaint have abrogated their fiduciary duties and responsibilities to the LIUNA membership by corrupting LIUNA and by refusing and failing to prevent or remedy the systematic, long-standing, and pervasive ongoing corruption which is illustrated by the facts set forth above. In light of these defendants' actions and failure to act, it is necessary for this Honorable Court to remove all current officers named as defendants herein and to appoint one or more trustees to oversee the operations of LIUNA.

86. These violations of Title 18, United States Code, Section 1962, as well as numerous other violations of the criminal and civil laws have occurred and will continue to occur in connection with the affairs of LIUNA unless this Honorable Court implements the relief requested below.

87. The members of LIUNA have been injured by these violations of Title 18, United States Code, Section 1962. The members of LIUNA have been deprived of the effective enforcement of the applicable collective bargaining agreements. The members of LIUNA have been prejudiced by losing job opportunities and by the increased burden arising from the no-show jobs given to members and

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associates of the LCN. The defendants who are officers of LIUNA also have prevented and inhibited the rank and file members from democratic participation in the affairs of the union and from exercising their right to freely express themselves regarding union matters. This has been achieved through harassment and intimidation, including the threat of being denied work if LIUNA members do not comply with the demands of corrupt LIUNA officials, and the exploitation of the perception among the members of LIUNA that the defendants who are officers of LIUNA are associated with organized crime figures and seek to maintain the status quo.

88. LIUNA has been, and will continue to be, a labor organization held captive by organized crime unless and until this Honorable Court orders the relief requested below.

XVII

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 defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna", JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PEPSICO,

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ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANNY SANSANESE JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko";, and PETER A. VARIO, also known as "Butch," and all other persons in active concert with them from participating in any way, directly or indirectly, in the management and/or control of any of the affairs of LIUNA or any of its affiliated regional offices, district councils, local unions, employee pension benefit or welfare benefit funds, employee training funds, or any other entity affiliated with LIUNA, and from having any dealings whatsoever, directly or indirectly, with any officer, trustee, business agent, attorney, auditor or other consultant, member, or employee of LIUNA or any of its affiliated regional offices, or of its subordinate district councils, local unions, or affiliated employee pension benefit or welfare benefit funds, employee training funds or any other entity affiliated with LIUNA about any matter which relates directly or indirectly to the management and/or control of LIUNA or any of its affiliated entities;

b. Enjoin and restrain defendants ROLLIN P. "BUD" VINALL, MASON M. "MAX" WARREN, JOHN SERPICO, VERE O. HAYNES, ENRICO MANCINELLI, CHUCK BARNES, JACK WILKINSON, GEORGE R. GUDGER, MICHAEL QUEVEDO, JR., and ARMAND E. SABITONI, the defendant members of the General Executive Board, their successors as members of the Board and ROBERT J. CONNERTON, the General Counsel of LIUNA and his successor and all persons in active concert with them, from committing any acts of racketeering, as defined in Title 18, United

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States Code, Section 1961(1), and from associating, directly or indirectly, with any persons known to them to be members or associates of an LCN family or with defendants JOSEPH AIUPPA, ARTHUR J. BERNE, SAMUEL J. CAIVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PEPSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL J. SANSANESE JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO JR., SALVATORE TRICARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko," or PETER A. VARIO, also known as "Butch",. and any persons in active concert or participation with them;

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

(1) To discharge the duties of the General President and/or the General Executive Board under the Constitution including Articles VIII and IX which relate to disciplining corrupt or dishonest officer, 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

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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 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

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e. Provide that the expenses of the court liaison officer(s) be paid out of the funds of LIUNA.

2. That this Honorable Court issue a permanent injunction prohibiting defendants JOSEPH AIUPPA, ARTHUR J. BERNE, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, SAMUEL J. CAIVANO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna," JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PEPSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH A. TODARO, SR., JOSEPH A. TODARO, JR., SALVATORE TIRCARIO, MATTHEW MICHAEL TRUPIANO, JR., PETER VARIO, also known as "Jocko",. and PETER A. VARIO, also known as "Butch";. and all other persons in active concert or participation with them in the affairs of the LCN from participating in or having any future dealings of any nature whatsoever with any officer, agent, representative or employee of LIUNA or any other labor organization about any matter which relates, directly or indirectly, to the affairs of LIUNA or such other labor organization, and from owning or operating any business which employs members of LIUNA or any of its subordinate bodies in the Northern District of Illinois or elsewhere.

3. That this Honorable Court issue a permanent injunction prohibiting defendants ROLLIN P. "BUD". VINALL, MASON M. "MAX". WARREN, JOHN SERPICO, VERE O. HAYNES, ENRICO MANCINELLI, CHUCK BARNES, JACK WILKINSON, GEORGE R. GUDGER, MICHAEL QUEVEDO, JR., ARMAND E. SABITONI, and ROBERT J. CONNERTON and their successors as

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officers, employees, and agents of LIUNA, and all persons acting in active concert with them, from committing any acts of racketeering, as defined in Title 18, United States Code, Section 1961(1), or from associating, directly or indirectly, with any member or associate of the LCN, or any other persons in active concert with members or associates of the LCN.

4. That this Honorable Court issue a permanent injunction prohibiting any of the defendants named in this complaint who are found to have violated Title 18, United States Code, Section 1962, from participating in any way, either directly or indirectly, in the affairs of LIUNA or any of its affiliated bodies or subordinate district councils or local unions or other subordinate entity, or any other labor organization, and from being employed in a position which has among its duties dealing with any labor organization, and from owning, operating or being employed in any business or other organization which employs members of LIUNA or any of its subordinate organizations, or subsidiary organizations, and such organizations' affiliated employee benefit plans and any entity providing benefit plan services to such employee benefit plans or any other related entities.

5. That following a trial on the merits this Honorable Court issue a decree providing for the following:

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

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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 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.

6. That following the trial on the merits, the Court continue the appointments of the independent court liaison officer(s) to continue in their oversight of LIUNA and to grant them the

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additional power to conduct investigations to find corrupt and dishonest LIUNA officials and to impose those sanctions appropriate to ensure that LCN and criminal control of LIUNA is removed and to ensure that the rights of the membership of LIUNA under Title 29 are protected and preserved and to discharge any of the other duties of the Board of LIUNA (other than negotiating and entering into collective bargaining agreements, participating in the affairs of any LIUNA-related political action committee, or participating in the process related to the resolution of employee grievances) when the court appointed officer deems it necessary to fulfill his duty to protect the rights of the membership of LIUNA and to prevent corruption and infiltration by the LCN or any other criminal group.

7. That following a trial on the merit, such independent court officers as the Court deems sufficient to achieve the objectives of this suit remain in office until the court determines that such officers are no longer necessary to achieve the objectives of this action,

8. That the Court provide in its Order that the fees and expenses of such officers as the Court deems necessary are paid out of the funds of LIUNA.

9. That this Honorable Court enjoin and restrain the defendants who are named only as officials of LIUNA, pursuant to Rule 19 of the Federal Rules of Civil Procedure, and their successors as officials of LIUNA, and any of its members, agents, employees, officers, Regional Offices, District Councils, Local

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Unions, and affiliated employee benefit funds or training funds from interfering in any manner whatsoever with any officer(s) appointed by the Court pursuant to this law suit in the execution of those powers given to such officers by the Court.

10. That this Honorable Court order that all of the individual defendants who are found to have violated Title 18, United States Code, Section 1962, disgorge all proceeds derived from such violations, with such proceeds to be applied for the benefit of the rank and file members of LIUNA, who are victims of those violations, with the remainder to be paid to cover the expenses of any officers appointed by the Court pursuant to this law suit or distributed as the court finds are in the interests of equity and justice.

11. That this Honorable Court issue a judgment declaring that LIUNA has been controlled and exploited by the LCN through multiple violations of Title 18, United States Code, Section 1962.

12. That this Honorable Court award the United States the costs of this suit together with such other and further relief as may be necessary and appropriate to prevent and restrain further violations of Title 18, United States Code, Section 1962, and to end the LCN's control over and exploitation of LIUNA.

DATED:

JAMES B. BURNS

United States Attorney

Northern District of Illinois

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