Re: Can We Stop The Demobrocrats

[J. Raoul Xemblinosky]

On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
wrote:

>
>
>reallyveryradical wrote:
>
>> Can We Stop The Demobrocrats
>>
>> WASHINGTON-Organized labor is enormously influential in the Democratic
>> primary, as the campaigns of 2008 presidential candidates seek
>> endorsements from the major labor federations and member unions.
>> In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>> forums-two in Chicago-will feature presidential candidates. There's a
>> lot of schedule jockeying on Monday. Before heading to Washington,
>> Obama has an economics speech in New York City in the morning and
>> Clinton delivers her plan to deliver universal health care coverage in
>> Iowa.
>>
>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>> North America hosts a Leadership Conference at the Chicago Sheraton
>> Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>> Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>> attend"
>> above from
>> http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>
>> In the Matter of Alan D. Wasserman
>>
>> Laborers' International Union of North America
>> Independent Hearing Officer
>> Docket No. 97-57D
>> Decided October 7, 1998
>> Order and Memorandum
>> This Order and Memorandum supercedes the Order and Memorandum of
>> August 28, 1998 ("August 28 Order"). This Order and Memorandum
>> addresses objections to the August 28 Order filed by Attorney Arnold
>> J. Gold on behalf of the Respondent. The procedural history of this
>> matter is discussed below in detail.
>> This matter comes before the Laborers' International Union of North
>> America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>> LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>> On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>> Attorney") filed Disciplinary Charges against Alan D. Wasserman
>> ("Wasserman"), alleging violations of federal law and the EDP.
>> Specifically, Wasserman is charged with knowingly associating with a
>> La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>> labor payoffs from contractors, offering to allow employers to pay
>> LIUNA members less than union-scale wages and benefits, and
>> obstructing the GEB Attorney and the Inspector General ("IG").
>> A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>> did not appear at the hearing, but was represented by counsel, Arnold
>> Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>> client was depressed and unable to assist him in his defense. In
>> support, Gold presented a letter of a medical doctor who stated that
>> Wasserman suffered from a "Major Depressive Disorder," resulting in
>> anger and depression. IHO Exhibit 1. The letter gave no opinion that
>> such a disorder rendered him unable to assist in his defense but
>> merely indicated that Wasserman's ability to testify was impaired.
>> Id. No evidence was offered to show Wasserman could not aid in his
>> defense. I decided to proceed with the hearing but told Gold that if
>> he desired an additional session to present new evidence based on the
>> cooperation of his client, he should inform me and a hearing would be
>> arranged.
>> At the conclusion of the hearing, I instructed both parties to inform
>> me by June 15, 1998, whether they wished the record to remain open
>> pending the submission of additional evidence. The parties were also
>> instructed to submit post-hearing briefs three weeks following June
>> 15, 1998. I stated "You have until June 15th to let me know what
>> other plans you have, whether to close or keep the record open."
>> Hearing Transcript of May 27, 1998 ("Tr.") 220.
>> On June 12, 1998, the GEB Attorney requested that the matter remain
>> open until July 13, 1998. The request was granted. On July 13, 1998,
>> the GEB Attorney filed a motion to admit testimony regarding a
>> confidential witness. On July 14, 1998, the GEB Attorney filed the
>> original and one copy of all exhibits presented at the May 27, 1998
>> hearing. Wasserman filed no response to the motion to admit the
>> confidential witness testimony.
>>>From the date of the hearing on May 27, 1998, Wasserman made no
>> communication with my office. Attorney Gold made no effort to contact
>> my office regarding his client's mental status or his intention to
>> offer any additional evidence. I filed the August 28 Order which
>> dealt with the merits of the case. On September 2, 1998, Attorney
>> Gold by letter to my office complained of not having had an
>> opportunity to present a defense or file a post-hearing brief. Gold's
>> letter was Wasserman's first contact with my office in over three
>> months. I issued an Order placing the August 28 Order in suspense and
>> treating the August 28 Order as a proposed Order. See IHO Order
>> September 4, 1998. I permitted both parties to file written
>> objections and conclusions to the proposed order with arguments to
>> support their conclusions. I clearly stated that objections and
>> arguments were to be filed by September 28, 1998. Despite the
>> September 4, 1998 Order, Attorney Gold sent my office a letter
>> indicating he wished to discuss a timetable for the completion of
>> evidence after October 1, 1998, including the possibility of having
>> his client testify. I denied Gold's request to hold the record open
>> until after October 1, 1998, but gave Attorney Gold until October 2,
>> 1998, to file objections to the August 28 Order. I also requested
>> Attorney Gold to include an affidavit outlining the proposed testimony
>> of Wasserman. Gold filed timely objections. In his objections, Gold
>> asserted that Wasserman was able to appear and testify; however, he
>> did not submit any proposed testimony by Wasserman as requested. I
>> find that there is no credible evidence that Wasserman ever intended
>> to appear.
>> Qualification Of Expert Witnesses
>> The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>> ("Schaffler") as expert witnesses.
>> Jack Elko
>> Elko was a police officer for 25 years. Tr. 104. During the last 14
>> of those years, Elko specialized in organized crime investigations for
>> the Division of Criminal Justice of the Office of the Attorney General
>> of New Jersey. Id. Prior to his employment with the Division of
>> Criminal Justice, Elko was employed as an investigator with Morris
>> County in Morristown, New Jersey. He attended numerous service
>> schools, including the New Jersey State Police Academy, courses
>> offered by the Division of Criminal Justice, Seton Hall Law School and
>> the Federal Bureau of Investigation ("FBI") on organized crime and the
>> illegal activity usually perpetrated by organized crime. Tr. 105.
>> Elko testified in this proceeding as an expert in the make-up and
>> structure of organized crime, specifically in the Newark area. This
>> technique has been accepted in similar union disciplinary matters.
>> See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>> 914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>> Talerico), 941 F.2d 1292 (2d Cir. 1991).
>> Elko used tested and accepted investigative techniques to verify the
>> credibility of the individuals whose information he related at the
>> hearing. Elko testified as to information and hearsay statements of
>> five named witnesses. Tr. 109-158. In similar circumstances, the
>> court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>> at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>> weight to hearsay declarations of three LCN members that were related
>> by an FBI agent. The court used a number of factors to evaluate the
>> reliability of the statements. The court noted that the statements
>> corroborated each other in crucial respects, the reports painted a
>> consistent picture of the relationship of the individuals and the
>> statements matched the FBI agent's declaration in the subject matter.
>> Id. The court held that these declarations constituted relevant
>> evidence that a reasonable mind might accept on the subject of
>> association with organized crime. Id.
>> I find that Elko is a qualified witness, expert in organized crime
>> matters, and his testimony, in conformance with accepted investigative
>> techniques, is reliable.
>> Elko related information given to him by five named individuals
>> described below, three of whom have cooperated with federal
>> authorities and two of whom are law enforcement officers.
>> Rocco Cagno
>> Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>> family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>> 109. Cagno became a made member in 1987; thereafter, he was
>> incarcerated. The record does not reflect the reason for his
>> incarceration.
>> He was released from prison in 1990 and his movements were monitored
>> by an electronic bracelet. As a condition of his release, Cagno was
>> required to gain employment. He became employed by Local 342 through
>> the influence of Colombo family members and Anthony Proto, who was
>> then the Business Manager of Local 342. Tr. 114. Cagno is currently
>> in the Federal Witness Protection Program. Elko had the opportunity
>> to speak with Cagno in October 1997 concerning the various organized
>> crime affiliations within Local 342. Tr. 109.
>> Thomas Ricciardi and Anthony Tumac Accetturo
>> Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>> both made members of the Lucchese organized crime family and are also
>> in the Federal Witness Protection Program. Tr. 117. Accetturo had
>> been the acting boss of the New Jersey faction of the Lucchese
>> family. Id.
>> Steve Montgomery and Lt. Dennis Masucci
>> Elko also based his opinion on information supplied to him by two law
>> enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>> Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>> the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>> information provided by Masucci is based upon confidential informant
>> sources proven reliable in the past, who gave Masucci information
>> which resulted in the arrest of organized crime members, including
>> Gambino organized crime family members in Essex County. Tr. 128.
>> Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>> assigned to the Gambino family organized crime unit. Tr. 127.
>> Montgomery's information is also based on his personal investigation
>> and confidential sources.
>> The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>> each other and by the information supplied by Masucci and
>> Montgomery.
>> Jeffrey Schaffler
>> Schaffler was a federal agent for approximately 30 years. Tr. 160.
>> He spent his last years as a special agent with the Office of Labor
>> Racketeering, United States Department of Labor ("DOL"). Id.
>> Schaffer has been a supervisory special agent for DOL, and thereafter,
>> an assistant special agent in charge of a DOL investigation office.
>> Id. Schaffler is currently under contract to the Office of the
>> Inspector General of the Port Authority of New York and New Jersey.
>> His duties involve investigation of contractors who do business with
>> the Port Authority, the operation of construction projects, the manner
>> in which construction bids are made, contract fraud and wage and hour
>> issues. Tr. 159-60. Schaffler testified in this proceeding in the
>> capacity of an expert in the labor field.
>> I find that Schaffler is a qualified expert witness in the labor
>> field.
>> Findings of Fact
>> Structure of Organized Crime
>> 1. The LCN is a tightly structured
>> criminal organization which operates in various cities throughout the
>> United States. It is in the business of crime for a profit.[1]
>> 2. The LCN is comprised of groups of individuals organized into
>> entities called families. Tr. 105.
>> 3. A typical LCN family structure consists of the head (the
>> "boss"), his assistant (the "underboss"), and an advisor (the
>> "consigliere"). The boss, underboss, and consigliere oversee the
>> activities of LCN members and their associates. LCN members within a
>> family operate in small groups called "crews" which are headed by men
>> called "capos" or "crew bosses." Tr. 106.
>> 4. A "made member" is an individual within an LCN family who
>> has undergone an initiation process and sworn allegiance to that
>> family putting the family above everything else. Tr. 106. See also
>> United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>> 5. An "associate" is an individual who works under a capo and
>> assists made members, but who has not been formally initiated into the
>> family. Tr. 106. An associate may either earn his living by
>> performing illegal acts on behalf of an LCN family or he may have an
>> ostensibly legitimate job while at the same time assisting a
>> particular LCN family in the acquisition of profits and monies. Tr.
>> 129-30.
>> 6. Both members and associates engage in activities which bring
>> money to an organized crime family. Tr. 106. Traditionally, an
>> associate could only become a made member by participating in the
>> murder of an individual. In more recent times, an associate may
>> become a made member based upon the benefits he is able to produce for
>> that family, such as earning large sums of money or exercising
>> influence in business or politics. Tr. 106-07.
>> 7. A number of LCN families are located in the New York/New
>> Jersey area, including the Gambino, Lucchese, and Colombo families.
>> The LCN's History Of Control Over Local 342
>> 8. The evidence presented during the hearing establishes by a
>> preponderance of the evidence that Local 342 in Newark, New Jersey has
>> been subject to LCN control for many years.
>> 9. From at least the 1970's, the Gambino and Colombo organized
>> crime families have shared control of Local 342. Tr. 110. The two
>> families shared illegal profits from contractors within their
>> jurisdiction by soliciting money for labor peace and outright
>> extortion. Tr. 110, 114, 131. Members and associates of both
>> families were placed on the labor payroll with various contractors
>> through Local 342. Tr. 110, 114. The relationship between the two
>> families later shifted to an arrangement where the Colombo family
>> received preferential treatment for placement of workers at particular
>> contract sites, but no longer shared in racketeering labor profits.
>> Tr. 111-12.
>> 10. The New Jersey Organized Crime Task Force ("Task Force") was
>> created by the State of New Jersey in 1986. Tr. 132. From that time
>> to the present, the Task Force and other law enforcement entities have
>> documented the Gambino family infiltration of Local 342. Id.
>> 11. Paul Castellano ("Castellano") was the boss of the Gambino
>> family in New York. After Castellano's murder in December 1985, he
>> was succeeded by John Gotti ("Gotti") in January 1986. Id.
>> 12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>> of Local 342 for several years prior to the Task Force's creation in
>> 1986. Id. According to Elko, court authorized electronic surveillance
>> revealed that Mandaglia had given Castellano $5,000 a year from the
>> New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>> Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>> a year. Id. Bisaccia was a Gambino family member later incarcerated
>> for racketeering. Tr. 138.
>> 13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>> Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>> made member of the Gambino family. Tr. 117, 133.
>> 14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>> coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>> assault was a result of the vendor's failure to pay Andrade $500 a
>> month for permission to park the vendor's vehicle on a particular
>> street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>> with a sledgehammer. Id. The police responded and, after a period of
>> time, Andrade was arrested. Id. Months later, with the victim's
>> approval, the charges were downgraded to simple assault, not pursued,
>> and the vendor immediately left New Jersey and moved to South
>> Carolina. Id.
>> 15. At the time of the assault, Andrade was a shop steward of
>> Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>> that Andrade's accomplice for the assault was Wasserman, who at the
>> time was an employee of Local 342. Id.
>> 16. In 1987, the Task Force launched an investigation into
>> organized crime influence in New Jersey. The investigation employed
>> court authorized electronic surveillance and other investigative
>> techniques. The investigation resulted in the indictment of numerous
>> Gambino family members for labor racketeering in New Jersey, one of
>> whom was Proto, the former Business Manager for Local 342. Tr. 133.
>> Proto was convicted and incarcerated for labor racketeering in 1993.
>> Tr. 110. Proto was later permanently expelled from LIUNA in a
>> separate disciplinary action. See In the Matter of Anthony Proto, IHO
>> Order and Memorandum, 97-09D (March 26, 1998).
>> 17. After Proto's incarceration in 1993, he unofficially appointed
>> his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>> Andrade became a Business Agent of Local 342 at that time, assisting
>> James Proto with his duties. Tr. 134.
>> 18. While Andrade was Business Agent and James Proto was Business
>> Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>> 147.
>> 19. James Vallaro ("Vallaro") was an associate of the Gambino
>> family in Staten Island, New York. Vallaro's father was a made member
>> of the Gambino family and a high volume bookmaker. Tr. 135.
>> Following the 1993 convictions of other Gambino family members,
>> Vallaro moved to New Jersey and became a member of Local 342. Id.
>> 20. At the time of his move, Vallaro was unknown to law
>> enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>> presence and involvement in the LCN through electronic surveillance
>> which he supervised for the Organized Crime Bureau. Tr. 135. The
>> information about Vallero which Elko obtained from the surveillance
>> was verified by Cagno. Tr. 136.
>> 21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>> Local 342. Juicy DiModica was also made member of the Gambino family
>> and responsible for the New Jersey area, including all the Gambino
>> family members and associates within Local 342. Tr. 109, 113.
>> 22. As a result of the 1993 incarcerations of Proto and Robert
>> Bisaccia, former Vice President of Local 342, Juicy DiModica was
>> elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>> testified that he learned this fact from intelligence sources,
>> discussions with Cagno and interviews with other organized crime
>> members, including Ricciardi and Accetturo. Tr. 117-19.
>> 23. After Proto's incarceration, Cagno became concerned about the
>> distribution of money and work for the Colombo family members within
>> Local 342. Tr. 116. Cagno related his concerns to members of the New
>> York City Colombo family. Id. Cagno was approached within the next
>> week by Andrade at a Local 342 membership meeting. Id. Andrade
>> requested that Cagno attend a meeting with Juicy DiModica at the
>> Kenilworth Inn on the Garden State Parkway. Id.
>> 24. Cagno and Juicy DiModica, as representatives of their
>> respective families, attended certain meetings at the Kenilworth Inn.
>> Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>> James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>> DiModica and the Gambino family. Tr. 114.
>> 25. Vallaro assisted Juicy DiModica in the day-to-day operations
>> of Local 342 for the Gambino family. Tr. 135. The now public
>> electronic surveillance revealed that Vallaro met on a daily basis
>> with Andrade to discuss labor issues within Local 342. Tr. 138.
>> During a 30-day period, 30 telephone calls were intercepted, both
>> incoming and outgoing, from Vallaro's and Andrade's homes regarding
>> labor issues and Local 342. Id.
>> 26. Conversations over prison telephones of Proto, Casarro, and
>> Bisaccia were intercepted and monitored. Id.
>> 27. In April 1994, a conversation was intercepted between Joseph
>> Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>> Vallaro told Cassarro that he and Juicy DiModica had met with the
>> consigliere of the Gambino family in New York. Id. Joseph Vallaro
>> told Cassarro that James Proto, the Business Manager of Local 342, was
>> not making any money for them and that they would be broke in two
>> months. Elko testified that he understood this conversation to mean
>> that James Proto was not being forceful enough in extracting money
>> from contractors for Local 342. Id.
>> 28. Elko testified that after the Vallaro/Cassarro telephone
>> conversation, James Proto remained Business Manager of Local 342 for
>> approximately one year. Id. James Proto was replaced by Wasserman.
>> Id.
>> VHR Construction
>> Charge I:
>> In or around December 1995, Alan D. Wasserman, while a member and
>> representative of LIUNA Local 342, committed "barred conduct" in
>> violation of the LIUNA Ethics and Disciplinary Procedure by committing
>> an act of racketeering, in that Wasserman did request and demand money
>> or a thing of value from VHR Construction, an employer engaged in an
>> industry affecting interstate commerce, when Wasserman asked for a
>> payoff in form of a "Christmas gift" while being a Union member and
>> representative (29 U.S.C. ?186(b)(1)).
>> Charge II:
>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>> employer while being a Union member and representative, in violation
>> of the "Business and Financial Activities of Union Officials" Chapter,
>> Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>> Practices Code.
>> 29. In 1995, the LIUNA IG's Office in Washington received
>> information from New Jersey Regional Vice President, Ray Pocino, that
>> a contractor who desired confidentiality had alleged that Wasserman
>> had demanded $25,000 from a contractor in New Jersey, possibly at the
>> Newark International Airport, and had caused the contractor's
>> equipment to be damaged. The contractor stated specifically that one
>> piece of equipment was filled with concrete and another piece was
>> pushed off a floor of a building. Tr. 20. Although this statement is
>> pure hearsay, the specificity of the description of the damage is
>> corroborated later in interviews with a company official.
>> 30. The IG sent investigators to Newark to verify the
>> allegations. Id.
>> 31. VHR Construction was a general contractor at the Newark
>> Airport and signatory to a collective bargaining agreement with Local
>> 342. Tr. 21, 23.
>> 32. Victor Wortman ("Wortman") is the president and owner of VHR
>> Construction. Tr. 21.
>> 33. In March 1996, IG Inspectors met with Wortman at his office in
>> Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>> company was not the victim of the equipment damage, but he had heard
>> about the incident. Tr. 22.
>> 34. Wortman said he knew Wasserman was working as the shop steward
>> at Wortman's job site at the Newark Airport. Tr. 22-24.
>> 35. Wortman said that he and his staff had threatened to dock
>> Wasserman's pay because Wasserman frequently left the job site for two
>> or three hours at a time. Tr. 24. As a result, Wasserman came to
>> Wortman's office to discuss the issue during the weeks before
>> Christmas of 1995. Id.
>> 36. Wasserman was accompanied to the meeting by James DiModica who
>> was also a member but not an officer or even a steward of Local 342.
>> Tr. 28-29.
>> 37. During Wortman and Wasserman's conversation about Wasserman's
>> hours, James DiModica suddenly asked Wortman for a Christmas gift.
>> Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>> dissuade James DiModica from his request. Attorney Gold contends the
>> record is silent as to Wasserman's participation in the request.
>> Under the circumstances, I find that Wasserman brought James DiModica
>> to the meeting to make the request and fully approved of the demand.
>> 38. At the hearing in the instant matter, Schaffler testified
>> that, in his expert opinion of the construction industry, labor
>> payoffs are usually made at Christmastime or at the beginning of the
>> summer or late spring. Tr. 167.
>> 39. It was also Schaffler's expert opinion, based on his
>> experience, James DiModica's request for a Christmas gift was the
>> solicitation of a bribe. Tr. 165. I find that under the
>> circumstances all parties understood that the meaning of the request
>> was not for a nominal or token gift. Attorney Gold objects to the
>> hearsay testimony of Wortman. In the Discussion, infra, I concluded
>> that Wortman's testimony was corroborated by other testimony, and is
>> reliable.
>> 40. Attorney Gold argues that Wasserman visited Wortman to discuss
>> the matter of his pay being docked for continually leaving the job.
>> Gold argues that Wortman is obviously biased against Wasserman because
>> of Wasserman's legitimate demand for his pay. The argument has little
>> weight since Wasserman and Wortman entered into an agreement settling
>> the matter.
>>
>>
>> B.J. McGlone & Co. Inc.
>> Charge III:
>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>> representative of LIUNA Local 342, committed "barred conduct" in
>> violation of the LIUNA Ethics and Disciplinary Procedure by committing
>> an act of racketeering, in that Wasserman did request and demand money
>> or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>> in an industry affecting interstate commerce, when he demanded labor
>> payoffs from an employer while being a Union member and representative
>> (29 U.S.C. ?186(b)(1)).
>> Charge IV:
>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>> employer and offered to allow that employer to use non-Union labor or
>> to pay LIUNA members less than Union-scale wages and benefits, and in
>> so doing violated his obligation as a member of the Union to refrain
>> from interfering with the proper conduct of Union business, in
>> violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>> Constitution and the "Business and Financial Activities of Union
>> Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>> of the LIUNA Ethical Practices Code
>> 41. B.J. McGlone ("McGlone") is a company located in New Jersey
>> which provides fireproof material and services. Tr. 47. McGlone
>> performed and worked at the Newark Airport job site in 1994.
>> 42. In August 1997, IG Inspectors spoke with an officer at McGlone
>> who was involved in managing one of the job sites at the Newark
>> Airport. Id. 47. The officer spoke with them on condition that his
>> name would not be repeated to anyone outside of the interview.
>> Although he requested anonymity, the record is clear that he was an
>> officer of McGlone, that he was involved in the operation of the site,
>> and that he dealt with Wasserman. The probative value of this
>> testimony will be discussed below.
>> 43. The officer knew Wasserman was an officer of Local 342 and the
>> shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>> 55.
>> 44. At the beginning of 1994, the officer and Wasserman had a
>> conversation about placing safety equipment on the job site. The
>> officer told Wasserman the equipment was not necessary. Tr. 52. The
>> company did not install the equipment and the job commenced. Id.
>> 45. Two pieces of equipment were subsequently damaged at the job
>> site. Id. One spray machine was filled with concrete and another was
>> pushed off an elevated floor and fell to the ground. Tr. 53. The
>> resulting damage to the equipment was between $8,000 and $15,000. Tr.
>> 170. This description corroborates the description of the damage in
>> the anonymous report made to the IG.
>> 46. Schaffler testified that it is common practice when a company
>> does not comply with demands for payoffs from LCN controlled unions,
>> the union may resort to intimidation methods to frighten the company
>> officials. Id. A common method is to damage equipment. Id.
>> 47. The officer subsequently had a conversation with Wasserman in
>> which the officer told Wasserman the equipment was damaged and said
>> "this is not the way for you to put your people to work." Tr. 53.
>> Wasserman made no reply to this accusation and requested a meeting.
>> Tr. 54
>> 48. Wasserman, James DiModica, and the officer met at a restaurant
>> in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>> for $10,000 to $20,000, McGlone would be free to run the job site
>> without interference and the company need only pay the workers enough
>> to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>> was not his decision to pay the money and that he would have to refer
>> them to his boss. Tr. 55. The evidence does not indicate whether the
>> money was paid.
>> 49. Schaffler testified that he was familiar with the terms "give
>> them enough for a sandwich" or "give them enough for a hat." It was
>> Schaffler's opinion that the statement made by Wasserman, "pay the
>> workers enough for them to buy a ham sandwich," under the
>> circumstances, meant the workers could be paid a moderate amount for
>> work completed, but the company would not have to adhere to all terms
>> of the collective bargaining agreement, including paying fringe
>> benefits such as overtime and adhering to all safety standards. Tr.
>> 168. In Shaffler's opinion, in return for the payment, Wasserman and
>> James DiModica would take responsibility for handling any complaints
>> from the workers. Id.
>> 50. Attorney Gold argues that the testimony of the McGlone
>> official is not credible. Gold states that the official is biased
>> against Wasserman because Wasserman came to the meeting to discuss
>> legitimate safety issues at McGlone, and the official was upset at
>> being confronted with safety violations. This argument has little
>> weight because substantial damage had been done to McGlone's
>> equipment. It would be more cost effective for McGlone to address
>> legitimate safety issues than to damage its own equipment and blame
>> Wasserman. I find the official's representation of the events to be
>> credible, and corroborated by other evidence. See the Discussion,
>> infra.
>> E & S Construction
>> Charge V:
>> In or around July 1996, Alan D. Wasserman, while a member and
>> representative of LIUNA Local 342, committed "barred conduct" in
>> violation of the LIUNA Ethics and Disciplinary Procedure by committing
>> an act of racketeering in that Wasserman did request and demand money
>> or a thing of value from E&S Construction, an employer engaged in an
>> industry affecting interstate commerce, when he demanded labor payoffs
>> from an employer while being a Union member and representative (29
>> U.S.C. ?186(b)(1)).
>> Charge VI:
>> In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>> an employer and offered to allow that employer to use non-Union labor
>> or to pay LIUNA members less than Union-scale wages and benefits, and
>> in so doing violated his obligation as a member of the Union to
>> refrain from interfering with the proper conduct of Union business, in
>> violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>> Constitution and the "Business and Financial Activities of Union
>> Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>> of the LIUNA Ethical Practices Code.
>> 51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>> contacted the LIUNA New Jersey regional office concerning an
>> allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>> shortly thereafter. Id.
>> 52. Taylor is a former member of LIUNA Local 472 located in
>> Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>> could not work as a laborer, he formed his own construction company.
>> Id.
>> 53. In July 1996, Taylor maintained a job site along Routes 1 and
>> 9 in New Jersey. Id.
>> 54. In the same month, Taylor received a call from Wasserman who
>> identified himself as a representative from Local 342 and requested a
>> meeting. Id. Taylor agreed to the meeting. Id.
>> 55. The following day, Wasserman arrived at Taylor's job site
>> accompanied with an individual Taylor later identified as James
>> DiModica. Id.
>> 56. At the start of the meeting, James DiModica stated that he had
>> just gotten out of jail. Tr. 60.
>> 57. Wasserman told Taylor he knew Taylor had an upcoming contract
>> at the Newark Airport with the Brown Matthews Company, and he
>> requested that Taylor use Local 342 workers on that job site. Tr. 58.
>> 58. Taylor replied that at the time he had three full-time workers
>> with his company and the workload was just enough for those three
>> workers. Taylor said if his workload increased he would definitely
>> call the Local 342 hiring hall for laborers. Id.
>> 59. Wasserman replied by pointing to the Taylor's three Hispanic
>> workers, calling them an "eyesore," and telling Taylor he could not
>> use them because he had to use Local 342 members. Id.
>> 60. Wasserman then made a motion with one of his hands indicating
>> five fingers. Id. When Wasserman's fingers were waved at him,
>> Taylor, who was familiar with labor union relationships in New Jersey,
>> asked if Wasserman was requesting $500 to insure that he would have no
>> problems with the union. Tr. 59. Wasserman replied not $500 but
>> $5,000. Id.
>> 61. Taylor told Wasserman he didn't "have that kind of money."
>> Id. Wasserman replied that in exchange, Taylor would not have to pay
>> the workers any benefits. Id. Taylor understood this to mean that
>> the various fringe benefits, pension annuity, and medical benefits
>> required by the collective bargaining agreement would not have to be
>> paid if Taylor complied with the demand. Tr. 59-60.
>> 62. Wasserman told Taylor that if Taylor did make the payment,
>> Wasserman would make him put up a bond for the benefits at his job
>> site. Tr. 59.
>> 63. Towards the end of the meeting, James DiModica made a
>> statement to Taylor that "we have connections, we'll get you paid
>> faster." Tr. 60.
>> 64. Subsequently, Taylor positively identified James DiModica from
>> photographs shown to him by IG Inspectors. Id.
>> 65. I find that there was no reason for James DiModica, who had no
>> official union position, to accompany Wasserman to Wasserman's
>> meetings with Taylor or VHR Construction. The Wasserman/James
>> DiModica visits to the contractors appears, under these circumstances,
>> to be a joint venture in extortion.
>> 66. The statements of Taylor as to what the demands meant and the
>> expert opinion of Schaffler as to the nature of the modus operandi of
>> extortionate practices are credible and well founded.
>> 67. Attorney Gold contends that the appearance of James DiModica
>> with Wasserman where money was solicited from employers was not in
>> itself improper. Gold argues that DiModica might have been a shop
>> steward on at least one of the jobs, and his appearance on any of the
>> jobs was not prohibited. As discussed below, James DiModica was an
>> associate of organized crime. On one occasion he suddenly requested a
>> Christmas gift from the employer and on another he began the
>> conversation by informing the employer that he had just been released
>> from jail. James DiModica's appearance with Wasserman was intended to
>> serve the purpose of intimidating the contractor.
>> 68. Attorney Gold also contends that since none of the complaining
>> persons ever alleged that as a result of denying payoffs they suffered
>> any reprisals. He argues that the LCN would not permit a refusal to
>> go unpunished. There is no evidence to indicate whether or not the
>> payments were made. The record is silent on that matter; however,
>> there is evidence that equipment at McGlone was heavily damaged after
>> McGlone refused to install the requested safety apparatus.
>> Knowing Association With The LCN
>> Charge VII:
>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>> and representative of LIUNA Local 342, committed "barred conduct" in
>> violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>> associating with La Cosa Nostra crime family members or associates,
>> including Vincent "Juicy" DiModica, a convicted member of the Gambino
>> crime family and James DiModica, an associate of the Gambino crime
>> family.
>> 69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>> Jersey for approximately ten years.
>> 70. At the time of the hearing in this matter, Wasserman was the
>> Business Manager of Local 342. He was appointed by the Executive
>> Board to succeed James Proto. Wasserman has also served in the
>> positions of field representative and a shop steward of Local 342.
>> 71. The GEB Attorney offered the history of Local 342 described
>> above in paragraphs 8 through 28 and the following testimony of Elko
>> as evidence of Wasserman's associations with the Gambino family.
>> 72. Based upon his years of investigation, including the
>> aforementioned information in paragraphs 8 through 28, and
>> corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>> concluded that Juicy DiModica is a made member of organized crime and
>> in charge of a Gambino family crew in New Jersey. Tr. 119.
>> 73. Based upon his information, including direct information from
>> Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>> years of surveillance, Elko concluded that James DiModica is an
>> associate of the Gambino family. Tr. 120-21, 129. Id.
>> 74. Based upon direct information from Cagno, information from
>> Masucci and Montgomery, and eleven years of surveillance, Elko
>> concluded that Wasserman is an associate of the Gambino family. Tr.
>> 123, 129.
>> Discussion
>> The IHO must base his decisions on reliable evidence through a review
>> of what is probative and reliable. Attorney Gold objects to the use
>> of hearsay evidence in this proceeding. Contrary to his assertion,
>> however, reliable hearsay evidence is admissible in labor
>> arbitrations. Associated Cleaning Consultants and International
>> Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>> (1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>> 97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>> District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>> Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>> evidence has been admitted regularly in union disciplinary proceedings
>> arising under the Teamsters Consent Decree. United States v. IBT
>> (Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>> v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>> (Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>> United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>> 1990). The test is whether the evidence is reliable. Senese &
>> Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>> 389, 402 (1971)).
>> The testimony of the IG Inspectors regarding statements of contractors
>> describing the incidents at VHR Construction, B.J. McGlone Co., and E
>> & S Construction are hearsay; however, they demonstrate a similar
>> pattern, and similar demands were related by three individuals who
>> have neither bias nor reason to falsify. The individuals knew their
>> statements would eventually be known when they spoke to the
>> investigating officials, yet they still exposed themselves to the risk
>> of voluntary cooperation. One of the individuals initiated contact
>> with officials. I recognize that one of the individuals has remained
>> unnamed and, standing alone, his statements would not be probative.
>> Nonetheless, I give evidentiary weight to his information due to the
>> striking similarity between the three incidents. The hearsay
>> statements of the unnamed individual match the hearsay statements of
>> the named individuals. The statements describe the same modus
>> operandi, the same labor extortion goals during roughly the same time
>> period, and involve the same two perpetrators. I find that the
>> hearsay statements of the contractors corroborate each other and I
>> find the evidence to be reliable especially given the very similar
>> pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>> hearsay evidence reliable based upon FBI Agent's information being
>> culled from various sources and the various sources' corroboration of
>> one another). See also Cimino, 964 F.2d at 1312 (court used a number
>> of factors to evaluate reliability giving evidentiary weight to
>> hearsay declarations of three LCN members related by FBI agent;
>> factors included corroborating statements in crucial respects, a
>> consistent picture of the relationship of the individuals and the
>> statements matched the FBI agent's declaration in the subject matter).
>> The EDP prohibits members from engaging in barred conduct. Barred
>> conduct includes, among others, committing any act of racketeering.
>> See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>> ("EPC"). The EPC defines barred conduct to include in pertinent part:
>> "committing any act of racketeering, as defined in Title 18 of the
>> United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>> Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>> U.S.C. ? 1961(a).
>> Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>> and or to receive anything of value from a contractor with whom he has
>> a collective bargaining agreement:
>> It shall be unlawful for any person to request, demand, receive, or
>> accept, or agree to receive or accept, any payment, loan, or delivery
>> of any money or other thing of value prohibited by subsection (a) of
>> this section.
>> 29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>> "giving any money or other thing of value to any labor organization,
>> or any officer or employee thereof, which represents, seeks to
>> represent, or would admit to membership, any of the employees of such
>> employer who are employed in an industry affecting commerce."
>> Respondent argues that the IG Inspector never asked Wortman if he
>> believed the request for a gift was an "extortion or a demand." The
>> argument has no merit; any form of request is prohibited.
>> Barred conduct also includes "knowingly associating" with members of
>> an organized crime family such as the LCN, and knowingly allowing an
>> LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>> Under the EDP, the term "knowingly associate" means that: (1) the
>> union member knew the person with whom he or she was associating was a
>> member or associate of the LCN; (2) the association related directly
>> or indirectly to the affairs of the union; and (3) the association was
>> more than fleeting or casual. Id.
>> In Senese & Talerico, the Court upheld the IBT Independent
>> Administrator's determination that "'knowing association' can be
>> inferred from the duration and quality of the association." 745
>> F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>> he was associating were members of organized crime. The individuals
>> with whom Wasserman dealt were identified as well known members of
>> organized crime families by three former organized crime members. The
>> association was not fleeting or casual. Wasserman attended meetings
>> with contractors accompanied by James DiModica, a known associate of
>> organized crime, whose presence was not related to the ordinary course
>> of union business. Wasserman took James DiModica along for his
>> intimidation factor. Wasserman had to have known James DiModica was
>> associated with organized crime; there was no other reason for
>> DiModica to accompany him. A similar conclusion was reached by the
>> Independent Administrator in Cimino where the Independent
>> Administrator found that Cimino had to have known of Nicodemo
>> Scarfo's Philadelphia organized crime ties during their association
>> because "the very purpose of that relationship" was allowing Scarfo to
>> use Cimino and the local union to "further his La Cosa Nostra
>> interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>> the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>> (Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>> Cir. 1992). The relationship between Wasserman and James DiModica was
>> obviously an illegal joint venture to extort union contractors with
>> the approval of the Gambino family.
>> The GEB Attorney offered evidence to demonstrate that Wasserman was a
>> part time no-show shop steward and argued that being a no-show shop
>> steward is evidence of being associated with organized crime. I do
>> not find this evidence to be probative of Wasserman's organized crime
>> association.
>> Obstruction
>> Charge IX:
>> On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>> investigators of LIUNA's Inspector General's Office, committed "barred
>> conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>> and the LIUNA Ethical Practices Code by refusing to answer questions,
>> terminating the interview, and thereby obstructing and interfering
>> with an investigation being conducted by the LIUNA Inspector General's
>> Office.
>> Findings of Fact
>> 75. In May 1996, IG Inspectors interviewed Wasserman at his
>> residence in Union, New Jersey. Tr. 61, 64.
>> 76. In June 1996, IG Inspectors attempted to interview Wasserman a
>> second time at the VHR job site at the Newark Airport to obtain the
>> additional information about James DiModica. Tr. 64.
>> 77. They met Wasserman as he came out of the security area. The
>> IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>> Wasserman stated he preferred to speak at the VHR trailer outside the
>> parking lot area and the IG Inspectors agreed. Id.
>> 78. The IG Inspectors told Wasserman they needed more information
>> on the identity of James DiModica. Id. Wasserman refused to speak
>> with them and stated he was very concerned that someone had broken
>> into his house three days after the May 1996 interview with the IG
>> Inspectors. Tr. 66.
>> 79. Wasserman refused to reply to questions about James DiModica
>> and began to leave the area. Id. The IG Inspector told Wasserman he
>> should remain and speak with them. Tr. 66. Wasserman refused and
>> left the building. Id.
>> 80. Outside the building, IG Inspectors again requested that
>> Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>> 66-67.
>> 81. I find that Wasserman purposefully refused to submit to an IG
>> interview, and thereby obstructed the IG investigation.
>> CHARGE X
>> On or about July 8, 1997, Alan D. Wasserman at his deposition
>> committed "barred conduct" in violation of the LIUNA Ethics and
>> Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>> testifying that he had been elected by the general membership to be
>> the Business Agent for Local 342 despite knowing that the general
>> membership did not elect him and that he instead was appointed to the
>> position.
>> 82. I find the fact that Wasserman's statements that he was
>> elected rather than having been appointed, was not a material fact and
>> was not in violation of the EPC.
>> CHARGES XI-IV
>> 83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>> testified at his deposition, that he never demanded a Christmas gift
>> from a contractor, that he never demanded things of value from a
>> contractor in exchange for labor peace, that he never attempted to
>> extort Victor Wortmann or VHR Construction, and that he never met with
>> or approached contractors with James DiModica. The preponderance of
>> the evidence proves that Wasserman did perform all of these acts and
>> when he was asked about them under oath he denied his participation.
>> 84. Disciplinary Charge XIV alleges Wasserman committed barred
>> conduct in violation of the EDP and EPC by falsely testifying at his
>> July 8, 1997 deposition that he never knowingly associated with
>> members or associates of organized crime. See GEB Ex. 1. The
>> preponderance of the evidence shows he gave false testimony when he
>> was asked about his connections with organized crime and he denied
>> them.
>> Conclusions
>> 1. During the period of time alleged in the charges, Local 342
>> was dominated by members or associates of the Gambino crime family.
>> 2. There is a preponderance of the evidence that Wasserman
>> committed barred conduct by requesting money from VHR Construction in
>> violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>> 3. There is a preponderance of the evidence that Wasserman
>> committed barred conduct by demanding money from B.J. McGlone & Co.,
>> Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>> 4. There is a preponderance of the evidence that Wasserman
>> committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>> to use non-union labor or to pay LIUNA members less than union-scale
>> wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>> 5. There is a preponderance of the evidence that Wasserman
>> committed barred conduct by demanding money in exchange for labor
>> peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>> and the EPC.
>> 6. There is a preponderance of the evidence that Wasserman
>> committed barred conduct by offering to allow E & S Construction to
>> pay LIUNA members less than union-scale wages and benefits in
>> violation of 186 ' (b)(1) and the EPC.
>> 7. There is a preponderance of the evidence that Vincent
>> "Juicy" DiModica is a member of the Gambino family and James DiModica
>> is an associate of the Gambino family.
>> 8. There is a preponderance of the evidence that Wasserman
>> knowingly associated with members of organized crime, thereby
>> committing barred conduct under the EDP.
>> 9. The evidence clearly demonstrates that Wasserman's
>> associations with organized crime directly affected the affairs of the
>> union. Wasserman took a known LCN associate on his visits to
>> contractors and demanded payments in exchange for labor peace and
>> permission to use either non-union labor or non-union scale wages and
>> benefits. The Wasserman/James DiModica venture was an on-going scheme
>> to extort contractors.
>> 10. There is preponderance of the evidence that Wasserman
>> committed barred conduct by giving false testimony at his deposition
>> when questioned about his association with organized crime and his
>> dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>> Construction.
>> 11. Wasserman's statement that he was elected to be a Business
>> Agent of Local 342, rather than appointed was not a material
>> misstatement and did not obstruct the GEB Attorney.
>> Decision
>> Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>> the evidence. Charge X has not been proved by a preponderance of the
>> evidence.
>> Penalty
>> Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>> permanently barred from holding an office in or being employed by
>> Local 342 or from being an officer or being employed by any LIUNA
>> affiliated entity or fund.
>> Wasserman has a right to appeal this Order to the LIUNA Appellate
>> Officer by filing a Notice of Appeal with the Appellate Officer within
>> 10 days of the date this Order.
>> Peter F. Vaira
>> INDEPENDENT HEARING OFFICER
>>
>>
>> --------------------------------------------------------------------------------
>>
>> [1]See previous IHO findings pertaining to LCN history in the United
>> States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>> (Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>> Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>> 7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>> 17, 1998).
>>
>>
>> The Albanian Connection; As Italians Move Up, a New Group Does the
>> Pizza and Pasta source: THE NEW YORK TIMES
>> More information. April 3, 2001, Tuesday
>> By DEXTER FILKINS (NYT); Metropolitan Desk
>> Late Edition - Final, Section B, Page 1, Column 2,
>> DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>> restaurants and pizza parlors in New York City and surrounding area;
>> various reasons cited"
>>
>> Hillary Clinton has long masqueraded as a champion of women's
>> rights, yet the
>> Balkan Wars perpetrated by her husband Bill Clinton , far from
>> helping the
>> rights of women, actually harmed women.
>> "Sex Slaves: Trafficking in human beings from Moldova to Italy
>> ...the West has helped to create the demand, by stationing tens of
>> thousands of
>> troops in the Balkans. Not all of these sex slaves' clients are
>> soldiers and
>> international workers, but their presence has greatly fuelled the
>> demand for
>> brothels in the Balkans. Certainly, the volume of trafficking,
>> which picked up
>> in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>> anticipation of military strikes against Yugoslavia [1], has greatly
>> increased
>> since the Kosovo war. Finally, the West has helped to create the
>> link between
>> the supply and the demand by supporting, in the Kosovo war, the very
>> Albanian
>> Mafia which now controls this market. The fact that there is so
>> much reporting
>> now on the matter of sex slaves may be an indication that the powers
>> that be in
>> the West are beginning to ditch those whom they portrayed during the
>> spring of
>> 1999 as passive and innocent victims....
>>
>> It is clear that the Albanian Mafia controls prostitution in Italy,
>> and that a
>> very large number of prostitutes there are effectively slaves.
>> Although not all
>> the girls in Italy are from Moldova - many come from Nigeria and
>> Albania - it
>> has been affirmed by one of the leading authorities on prostitution
>> that they
>> are kept in captivity. "All the women currently on the streets (of
>> Italy) are
>> slaves. The proof is that the Nigerians, the Albanians, the
>> Romanians and the
>> women from Eastern European countries all have their passports taken
>> away by
>> their pimps. There is not one metre of street in which prostitution
>> is not
>> controlled by criminals," according to Don Oreste Benzi, a priest in
>> Verona who
>> has founded a charity which works with prostitutes. Benzi goes
>> on, "The
>> Albanians operate in family clans, in `joint ventures' with the
>> Mafia in Eastern
>> Europe and Italy. No new pimp can start operating in Italy without
>> paying a
>> percentage to the person who already controls the territory. Any
>> mistakes are
>> punished by death. For the Albanians, vendetta is second nature:
>> the concept
>> of forgiveness does not exist."[7] According to Benzi's charity, the
>> Association of the Community of Pope John XXIII, 48% of the
>> prostitutes in Italy
>> are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>> old); and 26%
>> have been kidnapped and taken from their countries of origin by
>> force.[8]
>> source:
>> http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>> Hillary Clinton has also masqueraded as someone concerned about
>> Children's
>> Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>> Clinton
>> actually harmed children too.
>> "Sexual exploitation of children
>> An especially appalling aspect of the trade in human beings is the
>> sexual
>> exploitation of children. BHHRG representatives interviewed Mariana
>> Petersel,
>> the Director of Save the Children in Moldova, whose organisation has
>> started to
>> house and rehabilitate young women and girls who have been forced
>> into sex
>> slavery. The youngest victim with which they have dealt was nine
>> years old.
>> 260 victims of sex slavery have been housed and helped by Save the
>> Children
>> during 2000. They had been in various Balkans countries: Kosovo,
>> Albania,
>> Macedonia, Italy, and Greece.
>> References for further reading:
>> Trafficking in Migrants,
>> http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>> Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>> Milan, May
>> 1999
>> Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>> Paoline
>> Editoriale Libri, 1999
>> Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>> liberazione del
>> Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>> Editrice, Rome,
>> 2000.
>> [1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>> 18th April
>> 2000
>> [2] The Current Situation on Trafficking in Women in the Republic of
>> Moldova,
>> unpublished report by Ala M?nd?canu, Member of the Moldovan
>> Parliament.
>> [3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>> Monde, 1st
>> December 2000
>> [4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>> Albanian Daily
>> News, 5th October 2000
>> [5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>> 1st July 1999
>> [6] Ibid.
>> [7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>> http://www.mess-s-
>> antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>> itute.htm
>> [8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>> della
>> prostituzione,
>> http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>> [9] The Italian Finance Minister, Ottavanio del Turco, has also
>> recently
>> attacked the Mafia activities of the Montengrin president, Milo
>> Djukanović.
>> See La Repubblica, 12th January 2001
>> source:
>> http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>> Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>> Italy's sexual slave trade
>>
>>
>> Many prostitutes in Italy come from Albania
>> In the first of two special reports, the BBC's Brian Barron
>> investigates Italy's
>> clandestine trade in sexual slaves and the Albanian criminals behind
>> the
>> business.
>> It is estimated that there could be more than 40,000 foreign
>> prostitutes on the
>> streets of Italy - and the numbers are increasing.
>> The streetwalkers venture out every night after 10, on the edge of
>> big cities
>> like Rome.
>> Each trip was awful but that was my choice. If I returned to
>> Albania I was
>> dead.
>> Prostitute
>> In the Eor district, they are Albanian or from other former
>> communist countries.
>> Most are controlled by Albanian mafia gangsters. A handful have
>> travelled to
>> Italy through their own efforts.
>> One streetwalker whose identity must be kept secret recalls her
>> particular
>> journey.
>> "I came by boat," she says.
>> "I was smuggled in. I had tried four times. It was a horrible trip."
>> "It was winter, cold and raining. It was a terrible risk. I saw dead
>> people with
>> my own eyes."
>> "Each trip was awful but that was my choice. If I returned to
>> Albania I was
>> dead."
>> "Dead or alive - this was my only choice."
>> Tarantelli: Women are held in slavery
>> The former Italian MP, Carol Bebbe Tarantelli, says that the women
>> are slaves.
>> "They are brought here," she says.
>> "Their passports are destroyed often, usually as a matter of fact
>> they are
>> tortured to break their wills."
>> "They're moved around from place to place so they don't know where
>> they are.
>> They don't speak the language."
>> "They're terrified and they can't escape. They're held in slavery."
>> Poverty
>>
>> For many of the girls, the journey began in their Albanian homeland.
>> In Durres, most people are out of work, surviving on remittances
>> from relatives
>> abroad, like the girls on the streets of Italy.
>> In its poverty and human desperation it is typical of countless
>> Albanian
>> communities.
>> Once Albania was an all-powerful communist police state. It is now a
>> country
>> beyond the rule of law.
>> The police chief of Durres, Colonel Albert Pilo, is having a
>> difficult time
>> stamping out the smuggling of young girls.
>> Durres: Lawlessness and poverty prevail
>> "We have had some success against traffickers in prostitutes," he
>> says.
>> "We've arrested at least three. But a big problem is what to do with
>> the girls
>> caught up in the system, especially if they come from outside
>> Albania."
>> "The fact is we do not have any organisation for helping them."
>> "At times we've had to keep the girls in prison because there's
>> nowhere for them
>> to go."
>> Dramatic pictures, taken two years ago, show one of the speedboats
>> of the
>> Albanian mafia being intercepted by Italian security forces.
>> An Albanian mafia speedboat with its human cargo heads for Italy
>> It was trying to land a batch of illegal immigrants on Italy's
>> Adriatic coast.
>> Boxes of drugs were thrown overboard as the gangsters, travelling at
>> 60 miles an
>> hour, evaded the helicopters and ships trying to encircle them.
>> On the coast at Lecce, the Italian Justice Ministry, working with a
>> Catholic
>> charity, has launched another kind of assault on the Albanian mafia.
>> In one camp for illegal immigrants, Father Cesari helps run a
>> witness protection
>> programme for former prostitutes from Albania and Eastern Europe.
>> Hope for some of the women in the witness protection programme
>> "The choice of denouncing their pimps is an act of responsibility,"
>> he says.
>> "It's not an easy decision to make. So these girls must have the
>> courage to do
>> it.
>> "To cut all ties with the past. By pointing the finger at those who
>> abuse them
>> there is the chance that some of the guilty will be brought to
>> justice."
>> Eighty girls have collaborated. They have been rewarded with the
>> right to remain
>> in Italy and, when necessary, new identities.
>> However, 500 declined because they were afraid of the godfathers.
>> source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>
>>
>>
>>
>> The notorious Mafioso Johnny Dio is described here. Actor Frank
>> Pellegrino
>> played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>> Was Johnny
>> DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>> know please
>> post your materials and sources for them.
>>
>> Joseph J. DioGuardi was born in the Bronx, New York, on September
>> 20th, 1940.
>>
>> Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>
>> Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>> the
>> imagination. DioGuardi specialized, among other things, in
>> victimizing Jews.
>> DioGuardi victimized some Jews directly and victimized other Jews
>> less
>> directly, as they became unwitting customers. The article below
>> notes that "A
>> salesman for the company testified in 1969 that often the meat they
>> delivered to
>> retailers was "sometimes light green and sweaty and often was an
>> atrocity to
>> perpetrate on our customers."
>>
>>
>>
>>
>> "On November 14th, 1964, two NYPD detectives sat in a basement in
>> Queens, New
>> York, listening to a tape recording of the conversations coming out
>> of a bug-a
>> tiny wireless microphone and radio transmitter hidden in the office
>> of Norman
>> LoKietz, president of the Merkel Meat Company. They were listening
>> to evidence
>> that illustrated with chilling clarity that the Mafia controlled an
>> industry
>> that robbed the public of more than just its money. It was also
>> stealing its
>> health and safety. In the taped conversations, the name "Johnny Dio"
>> kept
>> cropping up. The cops knew who he was.
>>
>>
>>
>> Dio's photograph, with a cigarette dangling from one corner of a
>> viscous snarl
>> as he slugged a United Press photographer outside a Senate committee
>> hearing
>> room, appeared on front pages of newspapers all over the country,
>> because it so
>> perfectly matched the average person's preconception of what a Mafia
>> thug should
>> look like.
>>
>>
>> As the police developed their investigation into the Merkel Meat
>> Company and the
>> links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>> that the
>> Lucchese crime family was earning big money from its involvement in
>> the movement
>> of substandard and, at times actually rotten meat, that was being
>> sold into the
>> retail marketplace.
>>
>>
>> Dioguardi was a master fixer and controller of locals and unions
>> and, through
>> this influence, was able to manipulate opportunities for himself and
>> the
>> Lucchese family in a wide range of areas.
>>
>>
>> The Nassau DA William Cahn illustrated Dioguardi's association with
>> one
>> particular company that showed his ability to corrupt and control.
>>
>> In 1963, he joined Consumer Kosher Productions as a salesman on a
>> salary of $250
>> a week. By 1966, he was earning $5000 per week, and in addition had
>> taken over
>> control of the business. He used this company as a vehicle to gain
>> control of
>> the low price kosher meat business. Essentially his method was to
>> take over an
>> organization, buy in supplies and create an extended line of credit,
>> never pay
>> his debtors, and when the business went bust, move on to the next
>> one.A salesman
>> for the company testified in 1969 that often the meat they delivered
>> to
>> retailers was "sometimes light green and sweaty and often was an
>> atrocity to
>> perpetrate on our customers." Consumer Kosher Productions eventually
>> went
>> bankrupt, and Dioguardi shifted what remaining assets there were to
>> another
>> company called Tel Aviv. That company also went belly-up in due
>> course and he
>> then set up a firm called First National Kosher Provisions. And so
>> it went on.
>> Eventually the law caught up with him and he was indicted, and in
>> 1967 was
>> sentenced to five years in prison and fined $10,000. By this time,
>> Dioguardi had
>> been connected to the Lucchese family for over thirty years.
>> Johnny Dio under arrest(AP)
>>
>> Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>> on Forsythe
>> Street in Little Italy where his father Dominick owned a bicycle
>> shop there. By
>> 1930, he was already at age fifteen an apprentice young hood. After
>> a year and a
>> half at Stuyvesant High School, he left to begin work. Through the
>> influence of
>> his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>> and upcoming
>> soldier in the Gagliano family, he became a leg-breaker and budding
>> extortionist
>> working the Garment Center. He was also, as legend has it, one of
>> the gangsters involved in the so called "Murder Inc." group
>> that worked
>> out of Brownsville, East New York, in the 1930's carrying out
>> murders....Darkly handsome-so dark that he
>> was called
>> "Blackie" as a young street punk-wearing $250 silk suits and a
>> pleasant smile,
>> well dressed, well barbered and well manicured, he was always
>> careful to give
>> the appearance of an urbane and successful businessman.In 1935,
>> Thomas Dewey,
>> the crusading New York DA, listed Dioguardi as among the most
>> dangerous hoods in
>> the city. And all this before he was twenty-one years old! In 1937
>> he got a
>> three-to-five year sentence at Sing-Sing after being convicted with
>> his uncle
>> and several other mobsters for extortion and assault. They had been
>> extracting
>> $5000 from every trucker in the garment district, plus demanding a
>> premium on
>> every suit and coat made in the area.In 1944, he was indicted for
>> operating an
>> illegal still, but the charge was dismissed.In 1954, he was tried
>> and convicted
>> for failure to pay state income tax in connection with his continued
>> shakedown
>> of operators in the garment district. For that, he got sixty days.In
>> November
>> 1957, he went on trial with some Teamster officials for shaking down
>> owners of
>> stationery stores. After a four week trial, he was convicted and
>> sentenced to
>> two years in jail.By the time he was forty, he was a "made man" in
>> the Gagliano
>> family which was now referred to as the Lucchese family, operating
>> as a capo, or
>> crew chief, and he was a multi-millionaire. He was highly regarded
>> in the family
>> as a "ferocious earner" the highest accolade that can be bestowed on
>> a member of
>> organized crime, generating in excess of $100,000 each week. He was
>> so rich, his
>> standard Christmas present to his wife was a shoe box stuffed with
>> $50,000 and a
>> sweet little note such as " buy yourself some nice clothes,
>> honey."He lived in
>> great style, wining and dining at the best hotels and restaurants in
>> town, but
>> always reserved Sundays to meet with family and friends, and prepare
>> lunch or
>> dinner. Like so many mobsters of Italian-American extraction, he was
>> an
>> excellent cook, and loved to entertain at his beautiful and lavish
>> home in
>> Freeport Avenue, Point Lookout, Long Island, which he had purchased
>> for $75,000
>> in the early 1960's. His legitimate business fronts which
>> contributed to his
>> significant tax returns each year, included many highly profitable
>> clothing
>> factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>> which sold
>> promotional items to commercial establishments. One of their major
>> customers was
>> the retail chain Waldbaums.His skill as a union manipulator was
>> legendary in the
>> Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>> to Los
>> Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>> Mafia
>> family. The ILGWU was trying to drive out non-union, cheap Mexican
>> labour from
>> Dragna's factories, but Dioguardi's expertise secured waivers on
>> every important
>> stipulation set up and foiled the union's attempt.In the 1950's,
>> Senate
>> investigations named Dioguardi as one of the masterminds that
>> manipulated the
>> unions operating out of Idlewild, the vast 5,000 acre international
>> airport that
>> would one day be called Kennedy.When Jimmy Hoffa was making his play
>> to become
>> president of the giant Teamsters Union in 1957, he turned to an old
>> friend,
>> Johnny Dio for help. It wasn't clear whether or not the majority of
>> the New York
>> area locals supported Hoffa, and this was necessary to swing enough
>> voters to
>> support his control of the mid western region, secured through the
>> Chicago Mob's
>> help. The solution was to create more locals: enough to establish a
>> majority.
>> This was done by setting up "paper" locals-locals with few if any
>> members-that
>> could swing the balance in the New York voting.Dioguardi engineered
>> the creation
>> of seven new Teamster unions. The extra supply of delegates from
>> these
>> guaranteed Hoffa control of the New York delegation of the Teamsters
>> convention.
>> These seven locals were basically sham fronts, composed not of
>> working people,
>> but friends and relatives of Johnny Dio. Hoffa won the
>> nomination.With hindsight
>> it was probably the start of Hoffa's imbroglio with the Justice
>> Department,
>> resulting in his war with Robert Kennedy, his indictment, trial and
>> imprisonment
>> in 1967, release in 1971 and the events that led up to the fateful
>> rendezvous on
>> July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>> went there to
>> meet up with three men. It was a rendezvous from which he never
>> returned,
>> vanishing off the face of the earth; murdered probably by Salvatore
>> Briguglio, a
>> man connected to the Genovese crime family. Hoffa became a ghostly
>> testator who
>> haunts the Teamsters trust to this day.John Dioguardi was
>> undoubtedly one of the
>> most powerful members of the Lucchese crime family. His influence
>> was felt in
>> many areas, particularly those relating to labor. He is remembered
>> however, more
>> than anything, for one especially terrible act.In the early hours of
>> Thursday
>> April 5th, 1956, a nationally known newspaper columnist and
>> commentator on labor
>> affairs called Victor Riesel made a radio broadcast in New York. The
>> 41-year-old
>> Riesel was a crusading journalist, specializing in investigating
>> union
>> corruption and Mob-influenced officials. Writing for the Daily
>> Mirror, his
>> column was syndicated in 193 newspapers. This night, he interviewed
>> two workers
>> from Local 138 of the International Operating Engineers Union out of
>> Long
>> Island. Run by father and son both called William DeKoning, they and
>> their local
>> were involved in shaking down contractors and were under
>> investigation by
>> Manhattan US attorneys.After the broadcast, Reisel and his
>> secretary, Betty
>> Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>> late
>> supper. At 3 a.m. as they were walking to Nevins' car, a man
>> approached them and
>> threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>> Hospital,
>> surgeons were unable to save his eyesight.
>> Victor Reisel
>> A federal investigation established the attacker was a twenty-two-
>> year-old hood
>> and longshoreman called Abraham Tevi. He had been hired by one Joe
>> Carlino and
>> paid $1,175 to do the job. The money had apparently been put up by
>> Dioguardi. As
>> publicity mounted, Tevi became convinced that he had been grossly
>> underpaid to
>> carry out a piece of work on such an important person and demanded
>> $50,000. What
>> he got instead was two bullets in the head, and his body was found
>> on July 28th,
>> lying on Mulberry Street, in Manhattan's Little Italy district.
>> Although some
>> people were tried and convicted of the attack on Reisel, the two
>> prime witnesses
>> against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>> and all
>> charges against Johnny Dio were dropped in May, 1957.
>> The assault on Victor Reisel brought a lot of pressure down on
>> Johnny Dio. The
>> very action that was aimed at removing a source of irritation,
>> resulted in far
>> more damage to his activities that could possibly have occurred had
>> the assault
>> not taken place.Despite all the other criminal acts that he was
>> involved in or
>> convicted of, Dioguardi is still best known as "the man who blinded
>> Victor
>> Reisel." That reputation more than anything else guaranteed that the
>> police, FBI
>> and the media would never stop hounding him, and as a result, he
>> would
>> eventually spend the rest of his prime years in prison for other
>> crimes he
>> committed.Dioguardi always on the lookout for new rackets,
>> discovered the boom
>> in fly-by-night stock promotions in the late 1960's. Stock would be
>> acquired
>> from a failing company for little or no money; the market would be
>> rigged in the
>> stock through a brokerage firm he operated called J.M. Kelsey & Co.
>> then the
>> shares would be sold at vastly inflated prices-leaving the investors
>> to hold the
>> bag when the fraud was eventually exposed. However fate and the law
>> finally
>> caught up with Johnny Dio and, in 1970, he, along with his immediate
>> boss in the
>> Lucchese crime family Carmine Tramunti, were indicted on fraud
>> charges
>> concerning stocks in two firms, Belmont Franchising Corp. and
>> At-Your-Service-Leasing Co.He was tried and convicted in December
>> 1973, and
>> sentenced to a further prison sentence, concurrent to the one he was
>> already
>> serving at Danbury Prison in connection with one of his kosher meat
>> company
>> scams. Due for parole in August 1979, he died in a prison hospital
>> the same
>> year.
>> Johnny Dio going to prison one last time
>> Johnny Dioguardi was a good example of the consummate mafioso. He
>> started young
>> at fifteen and had a perfect introduction into the world of crime
>> through the
>> guidance and help of his uncle. He combined thuggery, cunning, guile
>> and polish
>> in an enviable mixture. He made the right kind of connections from
>> an early age.
>> Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>> these
>> contacts throughout his career as a means of levering his scams and
>> extortion's
>> into huge, money-spinning ventures for himself and his crime family.
>> Like many
>> criminals, he obviously had the brains and ability to have succeeded
>> in
>> legitimate business, had he been that way inclined. The highest
>> earners in the
>> Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>> lowest soldiers
>> will routinely put in eighty hour weeks, seven days to keep on top
>> of their
>> scheming and scamming.
>> When he died in a Pennsylvania prison hospital, his passing
>> attracted no
>> newspaper attention. All his wealth and power and almost fifty years
>> of criminal
>> depravity seemed to count for nothing at all. It was as though he
>> had never
>> existed."
>> source:
>> http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>
>> 2.html
>>
>>
>> "February 2001In The Money: Congressman James Traficant And His
>> Campaign
>> ContributorsBy James Ridgway de Szigethy
>> Convicted associates of the Pittsburgh Mafia Family, Mafia-
>> corrupted labor
>> Unions and Middle Eastern political operatives are among those who
>> have
>> contributed to the past two re-election campaigns of Congressman
>> James
>> Traficant, an analysis of Federal Election Commission records
>> reveals. These
>> records, which are required filings under Federal Election law,
>> reveal 219
>> donations by individuals and 212 donations by Unions and Political
>> Action
>> Committees. 47 of the personal contributions came from outside the
>> State of
>> Ohio, with 35 of those from the State of Virginia. 38 are from
>> individuals that
>> indicate a Middle Eastern background of the contributor. Among
>> the
>> contributors whose names would probably be recognized by most
>> Youngstown
>> residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>> Russell
>> Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>> and Gerald
>> Bostocky. Among the contributors whose names would probably NOT
>> be
>> recognized by most Youngstown residents are Virginia residents Ali
>> Asghar
>> Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>> Javad
>> Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>> Georgia
>> resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>> Hessein
>> Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>> Mahmoud
>> Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>> a former
>> investigator for the District Attorney's office in Youngstown, was
>> indicted last
>> December on charges he bribed Judges to fix Court cases. Ed
>> Flask accepted
>> a plea bargain last year in which he pleaded guilty to felony
>> charges in regards
>> to his rip-off of nearly $2 million while running the public water
>> utility in
>> Youngstown. Flask first received notoriety during the 1983 Federal
>> bribery trial
>> of then-Sheriff James Traficant, when it was revealed that Cleveland
>> Mafia
>> associate Charlie "The Crab" Carabbia had secretly tape recorded
>> Traficant
>> bragging about how he laundered through Flask's law office part of
>> the $163,000
>> in bribe money he accepted from the Mafia. Those same tapes revealed
>> that
>> Carabbia was blackmailing Flask with "compromising photographs of
>> Flask which
>> would ensure his silence!" Just days later, Carabbia was abducted
>> and murdered.
>> B & T Express employee Sam Traficanti was present during some of the
>> secret tape
>> -recorded meetings between the Carabbia brothers and Sheriff-elect
>> Traficant,
>> but was not charged. Two of Traficanti's fellow employees at B & T
>> Express also
>> donated to Traficant's campaign records show. Traficanti is not
>> related to
>> Congressman Traficant. Last September, the Congressman's employee
>> Anthony
>> Traficanti was subpoenaed by the Federal Grand Jury in
>> Cleveland.
>> Congressman Traficant has also received campaign contributions from
>> Youngstown
>> resident Walter Terlecki. In recent months, Congressman Traficant
>> has entered
>> into the Congressional Record sworn affidavits by Michael "Beef"
>> Terlecky, a
>> former Mahoning County Deputy Sheriff who was convicted of taking
>> bribes from
>> the Mafia. Terlecky now claims that he was set up by some of the
>> same
>> authorities that are now involved in the investigation of
>> Congressman Traficant,
>> including two public figures who attended an anti-Mafia summit
>> meeting recently
>> in Palermo, Sicily. The Congressman has denied a request by the
>> chairman of the
>> Mahoning County Board of Elections who is seeking information the
>> Congressman
>> claims to have regarding Mafia bribes to the campaigns of elected
>> officials in
>> Youngstown. Terlecky also claims that it was he who found the
>> infamous
>> Carabbia tapes months before the FBI during an illegal search and
>> seizure
>> regarding an investigation into the murder of yet another Youngstown
>> Mafia
>> figure, Joe DeRose. However, conversations on the Carabbia tapes
>> that include
>> remarks made by Sam Traficanti clearly indicate that the tapes were
>> recorded
>> months later than Terlecky's claims, when Traficant had just been
>> elected
>> Sheriff. Congressman Traficant is also now claiming that an FBI
>> agent in
>> Youngstown was taking bribes from the Mafia 38 years ago in
>> 1962. During
>> the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>> fireworks
>> distributor Bruce Zoldan testified that Chance shook him down
>> for `tribute
>> money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>> in with
>> Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>> raided Zoldan's
>> fireworks business two days before their busiest moneymaking period,
>> the Fourth
>> of July. Zoldan would also testify that the Gambino Family led by
>> John Gotti
>> extorted a huge sum of money from him in order to do business in New
>> York. The
>> murder of Mafia figure Joey Naples, who was among those who
>> contributed to the
>> $163,000 bribe to Traficant, is believed to be a result of the fight
>> for control
>> of the fireworks business. David Sugar pleaded guilty last year
>> to
>> Obstruction of Justice charges in regards to his attempts to conceal
>> evidence
>> from the Grand Jury in Cleveland investigating financial dealings
>> between Sugar,
>> his construction company, and Congressman Traficant. Sugar is
>> expected to
>> testify against Traficant at any future criminal proceedings, as is
>> Traficant's
>> former employee on his horse farm, Clarence Broad. In November of
>> last year,
>> Broad pleaded guilty to charges he tried to hire a hitman to murder
>> a woman who
>> was expected to give damaging testimony against Traficant before the
>> Grand Jury
>> in Cleveland. Criminal attorney Mark Colucci, who also is among
>> those who have
>> given money to Traficant's campaign, responded by alleging in
>> Federal Court that
>> Prosecutor Craig Morford had used coercion to force Broad to plead
>> guilty. Judge
>> Donald Nugent was not impressed with Colucci's unsubstantiated
>> claims and
>> threatened to cite Colucci for Contempt of Court. In 1998 and
>> 2000
>> Traficant accepted donations from controversial activist James
>> Zogby, President
>> of the Arab American Institute. Zogby was recently in the news last
>> October,
>> when his appointment as an Advisor to the Al Gore campaign sparked
>> outrage
>> worldwide among supporters of Israel. The Jerusalem Post quoted
>> terrorism expert
>> Steven Emerson: "Zogby has not only made comments that are
>> incendiary but he has
>> also made comments that are anti-Semitic!" "(Zogby has) openly
>> supported the
>> Hizbullah!" Emerson is renown for his investigation of the terrorist
>> bombing of
>> Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>> December, 1988,
>> killing 270 people, including 35 Syracuse University students.
>> On June 29,
>> 1993, Senator John McCain entered into the Congressional Record a
>> public
>> challenge to the FBI and the Justice Department to share information
>> on the
>> People's Mujahidin Organization of Iran, a suspected terrorist
>> organization that
>> was involved in a clandestine effort to influence public policy
>> through an
>> organized campaign of directing contributions to the campaigns of
>> selected
>> members of Congress. Said the Senator: "Given the charges made in a
>> previous FBI
>> report that the PMOI has a history of terrorism, an anti-Western
>> ideology, and
>> ties to the regime of Saddam Hussein, this should be a matter of
>> concern to all
>> Members." In 1997 The Iran Report, a publication of the Middle
>> East Data
>> Project, identified four members of Congress as recipients of
>> campaign donations
>> from alleged associates of the PMOI. Those four were Robert
>> Torricelli of New
>> Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>> Traficant of
>> Ohio. To date, none of these individuals have been charged with
>> making illegal
>> campaign contributions. However, Senator Torricelli is currently in
>> the news
>> defending himself against a Chinese fundraiser named David Chang,
>> who has
>> pleaded guilty to illegally contributing $53,000 to Torricelli's
>> 1996 campaign.
>> Numerous recent Media reports show that the Feds are now nearing the
>> conclusion
>> of an investigation that began with reports of impropriety regarding
>> contributions to Torricelli's 1996 campaign. Congressman
>> Traficant has
>> developed a huge following in the Arab and Muslim countries in the
>> Middle East
>> because of his passionate public support for accused terrorists
>> Abdel Basset Ali
>> Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>> bombing of Pan Am
>> Flight 103, and former auto worker John Demjanjuk, who was placed on
>> trial in
>> Israel on charges he was "Ivan the Terrible," a Nazi concentration
>> camp guard
>> responsible for the murders of thousands of Jews during World War
>> II. Demjanjuk
>> was convicted and sentenced to death, although the Israeli Supreme
>> Court later
>> reversed his conviction. Congressman Traficant then flew to Israel
>> to personally
>> escort the accused murderer back to the United States. In the
>> case of the
>> terrorist bombing of Pan Am Flight 103, Traficant first went public
>> in this
>> matter at a press conference in 1989, at which he claimed that the
>> bombing was
>> the result of a joint Syrian/CIA operation. ABC News London
>> correspondent Pierre
>> Salinger then picked up the story, utilizing Traficant, government
>> informant
>> Lester Coleman, and private investigator Juval Aviv as his sources.
>> Coleman
>> later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>> story was a
>> hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>> fraud
>> charges unrelated to the Pan Am case. He was acquitted. Upon
>> Aviv's
>> indictment Congressman Traficant found a replacement in Boris de
>> Korczak as his
>> lead researcher in his quest to prove his Pan Am 103 theory. Boris
>> is best known
>> for the lawsuit he filed in 1996 against the CIA in which he claimed
>> he had been
>> recruited by the CIA as a double agent against the KGB, that
>> his `cover' had
>> been blown by a drunken U. S. official which resulted in a shoot-out
>> with the
>> KGB during a car chase through the streets of Copenhagen, and that
>> his CIA case
>> Officer extorted from him a bribe of Russian Medieval icons worth
>> $300,000 in
>> exchange for the promise of help in obtaining the pension he claimed
>> was owed
>> him. Boris claims he turned over the bribe, only to be shot in the
>> kidney 4
>> months later by an unknown assailant armed with a pellet gun. The
>> CIA denied
>> Boris' claims he was owed monetary compensation and also denied any
>> of its
>> employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>> and the
>> decision was upheld on Appeal. Despite the efforts of Traficant
>> and his
>> associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>> Al-Megrahi
>> was recently convicted as the terrorist who planted the bomb that
>> destroyed Pan
>> Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>> addition to
>> receiving campaign money from convicted Mafia figures and Middle
>> Eastern
>> political operatives, FEC documents also detail contributions made
>> to
>> Traficant's campaign from Unions that have been involved in
>> corruption scandals
>> in recent years. Those Unions include the American Federation of
>> State, County,
>> & Municipal Employees, the Communications Workers of America, the
>> Transport
>> Workers Union, and the UFCW. Traficant has also received
>> donations from the
>> Italian-American Democratic Leadership Council, the Al Gore for
>> President
>> campaign, and the National Education Association Fund for Children
>> and Public
>> Education. Ironic is the $12,000 donated to Traficant by the
>> Association of
>> Trial Lawyers, as Traficant is one of the few people without a law
>> degree to
>> have ever beaten a Federal racketeering trial by acting as his own
>> attorney.
>> When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>> confession
>> after agents played for him excerpts from the Carabbia tapes.
>> Traficant then
>> hired one of the best attorneys in the business, Carmen Policy, Ed
>> Flask's
>> partner, who is today the President of the Cleveland Browns
>> professional
>> football team. However, after Traficant went public with charges
>> that just about
>> every public official in Youngstown was involved with the Mafia,
>> Policy dumped
>> Traficant as his client. Traficant then made a bold - and some would
>> say insane
>> - decision to renounce his confession and stand trial, acting as his
>> own
>> attorney. Traficant explained to the jury that he only accepted the
>> Mafia bribe
>> money so he would know whom to arrest for corruption once elected
>> Sheriff. After
>> four days of deliberations, the jury returned a verdict that stunned
>> the
>> Prosecutors and journalists that covered the trial; Not Guilty.
>> Traficant then
>> turned the publicity over his acquittal to his advantage and was
>> elected to
>> Congress in 1984. However, three years later he was again in Court,
>> facing civil
>> charges that he owed taxes on the $163,000 in Mafia bribes.
>> Representing him was
>> attorney George Alexander, who has since been convicted of
>> racketeering with the
>> Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>> civil trial
>> and ordered to pay back taxes, fines, and interest. For many
>> months now,
>> Traficant has been predicting during public appearances that he
>> expects to be
>> indicted - again - by the Federal authorities in Cleveland who have
>> to date
>> convicted over 70 public officials, many of whom are associates of
>> the
>> Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>> JAMESDE@prodigy.net.
>>
>> source: http://www.americanmafia.com/Feature_Articles_121.html
>> above material appeared in
>> Politics and Bedfellows An Age Old Story Told Once Again
>> just Google that title to read the rest of the material
>>
>> material below is from:
>> http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>> The RICO Trusteeships after Twenty Years: A Progress Report
>> United States v. Local 30, United Slate Tile and Composition Roofers,
>> No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>> and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>> 90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>> other unions, such as the Union of Painters and Allied Trades,
>> International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>> 9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>> (Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>> Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>> (Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>> F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>> (1978).
>> 19. See infra Table II.
>> 20. Local 30, United Slate Tile and Composition Roofers,
>> No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>> 1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>> States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>> http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>
>> material below appeared at
>> http://www.fhwa.dot.gov/policy/hl95mar.htm
>> Fuel Tax Evasion Highlights, March 1995
>> Volume 4, Number 1 March 1995
>>
>> --------------------------------------------------------------------------------
>> IN THE NEWS
>> Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>> 1980's who turned government informant and was subsequently booted out
>> of the witness protection program and is now wanted by Texas
>> officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>> Marat Balagula pled guilty to conspiring to evade $85 million in
>> federal gasoline taxes on nearly one billion gallons of fuel sold in
>> the NY area between 1983-88. The surprise plea came Oct. 18, a month
>> before he and 7 others were to begin trial. Balagula is already
>> serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>> A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>> their role in the scheme. On Nov. 4, John Barberio was the last to
>> plead guilty. Michael Varzar had pled guilty earlier. An eighth
>> defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>> Dept. of Justice Press Release, 11/4/94
>> Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>> a diesel conspiracy that resulted in a federal tax loss of over
>> $88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>> Slusker, using the alias Semyan Altman and doing business as Accurate
>> Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>> gallons of untaxed diesel fuel which was then sold to numerous truck
>> stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>> pleaded not guilty to federal tax evasion charges. The IRS Criminal
>> Investigation Div. and the Ohio Dept. of Taxation investigated the
>> case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>> Columbus Dispatch, 12/24/94
>> The worldwide activities of Russian organized crime and its ability to
>> bilk companies, governments and individuals out of billions of dollars
>> through sophisticated fraud and theft schemes is described in two
>> recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>> 6/94
>> The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>> C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>> during 1990. At the time, Gedig was president of United Petroleum,
>> Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>> State Journal, 11/1/94
>> The work of Charles Hurchalla in helping to expose a massive fuel tax
>> scam masterminded by the Russian mob and involving the La Cosa Nostra
>> is described in a recent article. Philadelphia Magazine, 10/94
>> Court documents filed by federal authorities in NJ name John Gotti as
>> an unindicted co-conspirator in organized crime efforts to dominate
>> the bootleg motor fuel industry in the NY metropolitan area. The
>> disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>> allegedly a capo in the Gambino crime family, and Gregory Federico,
>> owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>> Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>> charges growing out of the Operation Red Daisy investigation conducted
>> jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>> Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>> 12/16/94
>> Jerry Radney owner of Cody's, a fuel distribution service, and
>> Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>> and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>> Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>> conspiring to defraud the U.S. by failing to pay fuel excise taxes
>> from 1989-1991. According to the indictment, Renner, Meyer and
>> Denniston set up a phony Greek Shipping company called Halcoussis
>> Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>> caused Southern States to purchase truckloads and bargeloads of tax-
>> free diesel fuel and used transformer oil from suppliers and utility
>> companies using false documents showing the fuel was destined for
>> Halcoussis. Allegedly Southern States then delivered the blended fuel
>> to Cody's which in turn sold it to retailers throughout the Southeast
>> at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>> Week, 5/30/94;
>> Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>> convicted in a motor fuel scheme which defrauded the State of Texas in
>> excess of $475,000. Press Release, Travis County D.A.
>> The State of Maryland filed tax assessments of over $300,000 against
>> two trucking companies and a fuel oil distribution firm for using home
>> heating oil in trucks. Six other companies are expected to receive
>> assessments. The assessments stem from a joint investigation by the MD
>> Comptroller's Office and the EPA. The EPA notice of violation listed
>> Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>> Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>> Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>> and E. King, King's Trucking, of Laurel. The IRS is also expected to
>> investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>> 6/20/94; Washington Times, 6/10/94
>> Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>> pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>> Star, 1/14/95
>> Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>> dollars annually in local option fuel taxes. Jacksonville Times-Union
>> Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>> to 54 criminal counts, including failing to pay more than $24 million
>> in CA taxes, illegally disposing of hazardous waste, and selling
>> substandard gas in connection with their 200 gas stations. Under a
>> plea agreement they are to be sentenced to no less than 5 nor more
>> than 8 years in State prison. The amount of restitution could be as
>> much as $800 million. The Lazars operated California Target
>> Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>> Service Stations, and Challenge Marketing. The firms are pending
>> trial, as are attorney Douglas T. Richardson and accountants Neil
>> Balzar and Mario Rene Solares. The investigation was conducted by the
>> L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>> of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>> of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>> the CA Air Resources Board. News Release, L.A. District Attorney,
>> 9/26/94; L.A. Times, 9/27/94
>> Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>> District Court to felony tax evasion in a diesel fuel scheme. Ezra
>> pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>> evading $570,000 between March and June, 1992. Operating as "Eurika
>> Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>> free using fraudulent documents. They have agreed to pay nearly $2
>> million in restitution. Maximum sentences are 5 years in prison and a
>> $250,000 fine. Justice Dept. News Release, 10/18/94
>> FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>> Revenue Department special agents who are trained in investigating
>> fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>> TX)
>> DYED DIESEL ENFORCEMENT
>> Truckers are warned not to run on red diesel and urged to do visual
>> checks when refueling.
>> Transport Topics, 10/24/94
>> The Mississippi Depts. of Transportation, Agriculture and Commerce,
>> and the State Tax Commission joined with the IRS in "Operation Red
>> Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>> 11/7/94
>> On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>> and showing on-road dyed diesel enforcement in North Carolina.
>> WANT TO KNOW MORE?
>> For more information or updates to the mailing list, call Linda
>> Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>> 20590.
>> FAX back address corrections or additions to: 202-366-7696
>>
>
>I agree completely with that one part about that one guy
>who said something about something or other.
>
>Discuss!

I'm proud to be a union man. I pay my dues when I can... yeah.

---
This is the .sig file of His AssHoliness, Raoul Xemblinosky mhm 15x12
http://www.experiencefestival.com/raoul_xemblinosky
http://memweb.newsguy.com/~shpxurnq

 

[Wavy G]

Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:

>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>wrote:
>
>>
>>
>>reallyveryradical wrote:
>>
>>> Can We Stop The Demobrocrats
>>>
>>> WASHINGTON-Organized labor is enormously influential in the Democratic
>>> primary, as the campaigns of 2008 presidential candidates seek
>>> endorsements from the major labor federations and member unions.
>>> In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>> forums-two in Chicago-will feature presidential candidates. There's a
>>> lot of schedule jockeying on Monday. Before heading to Washington,
>>> Obama has an economics speech in New York City in the morning and
>>> Clinton delivers her plan to deliver universal health care coverage in
>>> Iowa.
>>>
>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>> North America hosts a Leadership Conference at the Chicago Sheraton
>>> Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>> Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>> attend"
>>> above from
>>> http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>
>>> In the Matter of Alan D. Wasserman
>>>
>>> Laborers' International Union of North America
>>> Independent Hearing Officer
>>> Docket No. 97-57D
>>> Decided October 7, 1998
>>> Order and Memorandum
>>> This Order and Memorandum supercedes the Order and Memorandum of
>>> August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>> addresses objections to the August 28 Order filed by Attorney Arnold
>>> J. Gold on behalf of the Respondent. The procedural history of this
>>> matter is discussed below in detail.
>>> This matter comes before the Laborers' International Union of North
>>> America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>> LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>> On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>> Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>> ("Wasserman"), alleging violations of federal law and the EDP.
>>> Specifically, Wasserman is charged with knowingly associating with a
>>> La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>> labor payoffs from contractors, offering to allow employers to pay
>>> LIUNA members less than union-scale wages and benefits, and
>>> obstructing the GEB Attorney and the Inspector General ("IG").
>>> A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>> did not appear at the hearing, but was represented by counsel, Arnold
>>> Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>> client was depressed and unable to assist him in his defense. In
>>> support, Gold presented a letter of a medical doctor who stated that
>>> Wasserman suffered from a "Major Depressive Disorder," resulting in
>>> anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>> such a disorder rendered him unable to assist in his defense but
>>> merely indicated that Wasserman's ability to testify was impaired.
>>> Id. No evidence was offered to show Wasserman could not aid in his
>>> defense. I decided to proceed with the hearing but told Gold that if
>>> he desired an additional session to present new evidence based on the
>>> cooperation of his client, he should inform me and a hearing would be
>>> arranged.
>>> At the conclusion of the hearing, I instructed both parties to inform
>>> me by June 15, 1998, whether they wished the record to remain open
>>> pending the submission of additional evidence. The parties were also
>>> instructed to submit post-hearing briefs three weeks following June
>>> 15, 1998. I stated "You have until June 15th to let me know what
>>> other plans you have, whether to close or keep the record open."
>>> Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>> On June 12, 1998, the GEB Attorney requested that the matter remain
>>> open until July 13, 1998. The request was granted. On July 13, 1998,
>>> the GEB Attorney filed a motion to admit testimony regarding a
>>> confidential witness. On July 14, 1998, the GEB Attorney filed the
>>> original and one copy of all exhibits presented at the May 27, 1998
>>> hearing. Wasserman filed no response to the motion to admit the
>>> confidential witness testimony.
>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>> communication with my office. Attorney Gold made no effort to contact
>>> my office regarding his client's mental status or his intention to
>>> offer any additional evidence. I filed the August 28 Order which
>>> dealt with the merits of the case. On September 2, 1998, Attorney
>>> Gold by letter to my office complained of not having had an
>>> opportunity to present a defense or file a post-hearing brief. Gold's
>>> letter was Wasserman's first contact with my office in over three
>>> months. I issued an Order placing the August 28 Order in suspense and
>>> treating the August 28 Order as a proposed Order. See IHO Order
>>> September 4, 1998. I permitted both parties to file written
>>> objections and conclusions to the proposed order with arguments to
>>> support their conclusions. I clearly stated that objections and
>>> arguments were to be filed by September 28, 1998. Despite the
>>> September 4, 1998 Order, Attorney Gold sent my office a letter
>>> indicating he wished to discuss a timetable for the completion of
>>> evidence after October 1, 1998, including the possibility of having
>>> his client testify. I denied Gold's request to hold the record open
>>> until after October 1, 1998, but gave Attorney Gold until October 2,
>>> 1998, to file objections to the August 28 Order. I also requested
>>> Attorney Gold to include an affidavit outlining the proposed testimony
>>> of Wasserman. Gold filed timely objections. In his objections, Gold
>>> asserted that Wasserman was able to appear and testify; however, he
>>> did not submit any proposed testimony by Wasserman as requested. I
>>> find that there is no credible evidence that Wasserman ever intended
>>> to appear.
>>> Qualification Of Expert Witnesses
>>> The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>> ("Schaffler") as expert witnesses.
>>> Jack Elko
>>> Elko was a police officer for 25 years. Tr. 104. During the last 14
>>> of those years, Elko specialized in organized crime investigations for
>>> the Division of Criminal Justice of the Office of the Attorney General
>>> of New Jersey. Id. Prior to his employment with the Division of
>>> Criminal Justice, Elko was employed as an investigator with Morris
>>> County in Morristown, New Jersey. He attended numerous service
>>> schools, including the New Jersey State Police Academy, courses
>>> offered by the Division of Criminal Justice, Seton Hall Law School and
>>> the Federal Bureau of Investigation ("FBI") on organized crime and the
>>> illegal activity usually perpetrated by organized crime. Tr. 105.
>>> Elko testified in this proceeding as an expert in the make-up and
>>> structure of organized crime, specifically in the Newark area. This
>>> technique has been accepted in similar union disciplinary matters.
>>> See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>> 914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>> Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>> Elko used tested and accepted investigative techniques to verify the
>>> credibility of the individuals whose information he related at the
>>> hearing. Elko testified as to information and hearsay statements of
>>> five named witnesses. Tr. 109-158. In similar circumstances, the
>>> court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>> at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>> weight to hearsay declarations of three LCN members that were related
>>> by an FBI agent. The court used a number of factors to evaluate the
>>> reliability of the statements. The court noted that the statements
>>> corroborated each other in crucial respects, the reports painted a
>>> consistent picture of the relationship of the individuals and the
>>> statements matched the FBI agent's declaration in the subject matter.
>>> Id. The court held that these declarations constituted relevant
>>> evidence that a reasonable mind might accept on the subject of
>>> association with organized crime. Id.
>>> I find that Elko is a qualified witness, expert in organized crime
>>> matters, and his testimony, in conformance with accepted investigative
>>> techniques, is reliable.
>>> Elko related information given to him by five named individuals
>>> described below, three of whom have cooperated with federal
>>> authorities and two of whom are law enforcement officers.
>>> Rocco Cagno
>>> Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>> family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>> 109. Cagno became a made member in 1987; thereafter, he was
>>> incarcerated. The record does not reflect the reason for his
>>> incarceration.
>>> He was released from prison in 1990 and his movements were monitored
>>> by an electronic bracelet. As a condition of his release, Cagno was
>>> required to gain employment. He became employed by Local 342 through
>>> the influence of Colombo family members and Anthony Proto, who was
>>> then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>> in the Federal Witness Protection Program. Elko had the opportunity
>>> to speak with Cagno in October 1997 concerning the various organized
>>> crime affiliations within Local 342. Tr. 109.
>>> Thomas Ricciardi and Anthony Tumac Accetturo
>>> Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>> both made members of the Lucchese organized crime family and are also
>>> in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>> been the acting boss of the New Jersey faction of the Lucchese
>>> family. Id.
>>> Steve Montgomery and Lt. Dennis Masucci
>>> Elko also based his opinion on information supplied to him by two law
>>> enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>> Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>> the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>> information provided by Masucci is based upon confidential informant
>>> sources proven reliable in the past, who gave Masucci information
>>> which resulted in the arrest of organized crime members, including
>>> Gambino organized crime family members in Essex County. Tr. 128.
>>> Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>> assigned to the Gambino family organized crime unit. Tr. 127.
>>> Montgomery's information is also based on his personal investigation
>>> and confidential sources.
>>> The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>> each other and by the information supplied by Masucci and
>>> Montgomery.
>>> Jeffrey Schaffler
>>> Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>> He spent his last years as a special agent with the Office of Labor
>>> Racketeering, United States Department of Labor ("DOL"). Id.
>>> Schaffer has been a supervisory special agent for DOL, and thereafter,
>>> an assistant special agent in charge of a DOL investigation office.
>>> Id. Schaffler is currently under contract to the Office of the
>>> Inspector General of the Port Authority of New York and New Jersey.
>>> His duties involve investigation of contractors who do business with
>>> the Port Authority, the operation of construction projects, the manner
>>> in which construction bids are made, contract fraud and wage and hour
>>> issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>> capacity of an expert in the labor field.
>>> I find that Schaffler is a qualified expert witness in the labor
>>> field.
>>> Findings of Fact
>>> Structure of Organized Crime
>>> 1. The LCN is a tightly structured
>>> criminal organization which operates in various cities throughout the
>>> United States. It is in the business of crime for a profit.[1]
>>> 2. The LCN is comprised of groups of individuals organized into
>>> entities called families. Tr. 105.
>>> 3. A typical LCN family structure consists of the head (the
>>> "boss"), his assistant (the "underboss"), and an advisor (the
>>> "consigliere"). The boss, underboss, and consigliere oversee the
>>> activities of LCN members and their associates. LCN members within a
>>> family operate in small groups called "crews" which are headed by men
>>> called "capos" or "crew bosses." Tr. 106.
>>> 4. A "made member" is an individual within an LCN family who
>>> has undergone an initiation process and sworn allegiance to that
>>> family putting the family above everything else. Tr. 106. See also
>>> United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>> 5. An "associate" is an individual who works under a capo and
>>> assists made members, but who has not been formally initiated into the
>>> family. Tr. 106. An associate may either earn his living by
>>> performing illegal acts on behalf of an LCN family or he may have an
>>> ostensibly legitimate job while at the same time assisting a
>>> particular LCN family in the acquisition of profits and monies. Tr.
>>> 129-30.
>>> 6. Both members and associates engage in activities which bring
>>> money to an organized crime family. Tr. 106. Traditionally, an
>>> associate could only become a made member by participating in the
>>> murder of an individual. In more recent times, an associate may
>>> become a made member based upon the benefits he is able to produce for
>>> that family, such as earning large sums of money or exercising
>>> influence in business or politics. Tr. 106-07.
>>> 7. A number of LCN families are located in the New York/New
>>> Jersey area, including the Gambino, Lucchese, and Colombo families.
>>> The LCN's History Of Control Over Local 342
>>> 8. The evidence presented during the hearing establishes by a
>>> preponderance of the evidence that Local 342 in Newark, New Jersey has
>>> been subject to LCN control for many years.
>>> 9. From at least the 1970's, the Gambino and Colombo organized
>>> crime families have shared control of Local 342. Tr. 110. The two
>>> families shared illegal profits from contractors within their
>>> jurisdiction by soliciting money for labor peace and outright
>>> extortion. Tr. 110, 114, 131. Members and associates of both
>>> families were placed on the labor payroll with various contractors
>>> through Local 342. Tr. 110, 114. The relationship between the two
>>> families later shifted to an arrangement where the Colombo family
>>> received preferential treatment for placement of workers at particular
>>> contract sites, but no longer shared in racketeering labor profits.
>>> Tr. 111-12.
>>> 10. The New Jersey Organized Crime Task Force ("Task Force") was
>>> created by the State of New Jersey in 1986. Tr. 132. From that time
>>> to the present, the Task Force and other law enforcement entities have
>>> documented the Gambino family infiltration of Local 342. Id.
>>> 11. Paul Castellano ("Castellano") was the boss of the Gambino
>>> family in New York. After Castellano's murder in December 1985, he
>>> was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>> 12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>> of Local 342 for several years prior to the Task Force's creation in
>>> 1986. Id. According to Elko, court authorized electronic surveillance
>>> revealed that Mandaglia had given Castellano $5,000 a year from the
>>> New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>> Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>> a year. Id. Bisaccia was a Gambino family member later incarcerated
>>> for racketeering. Tr. 138.
>>> 13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>> Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>> made member of the Gambino family. Tr. 117, 133.
>>> 14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>> coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>> assault was a result of the vendor's failure to pay Andrade $500 a
>>> month for permission to park the vendor's vehicle on a particular
>>> street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>> with a sledgehammer. Id. The police responded and, after a period of
>>> time, Andrade was arrested. Id. Months later, with the victim's
>>> approval, the charges were downgraded to simple assault, not pursued,
>>> and the vendor immediately left New Jersey and moved to South
>>> Carolina. Id.
>>> 15. At the time of the assault, Andrade was a shop steward of
>>> Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>> that Andrade's accomplice for the assault was Wasserman, who at the
>>> time was an employee of Local 342. Id.
>>> 16. In 1987, the Task Force launched an investigation into
>>> organized crime influence in New Jersey. The investigation employed
>>> court authorized electronic surveillance and other investigative
>>> techniques. The investigation resulted in the indictment of numerous
>>> Gambino family members for labor racketeering in New Jersey, one of
>>> whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>> Proto was convicted and incarcerated for labor racketeering in 1993.
>>> Tr. 110. Proto was later permanently expelled from LIUNA in a
>>> separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>> Order and Memorandum, 97-09D (March 26, 1998).
>>> 17. After Proto's incarceration in 1993, he unofficially appointed
>>> his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>> Andrade became a Business Agent of Local 342 at that time, assisting
>>> James Proto with his duties. Tr. 134.
>>> 18. While Andrade was Business Agent and James Proto was Business
>>> Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>> 147.
>>> 19. James Vallaro ("Vallaro") was an associate of the Gambino
>>> family in Staten Island, New York. Vallaro's father was a made member
>>> of the Gambino family and a high volume bookmaker. Tr. 135.
>>> Following the 1993 convictions of other Gambino family members,
>>> Vallaro moved to New Jersey and became a member of Local 342. Id.
>>> 20. At the time of his move, Vallaro was unknown to law
>>> enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>> presence and involvement in the LCN through electronic surveillance
>>> which he supervised for the Organized Crime Bureau. Tr. 135. The
>>> information about Vallero which Elko obtained from the surveillance
>>> was verified by Cagno. Tr. 136.
>>> 21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>> Local 342. Juicy DiModica was also made member of the Gambino family
>>> and responsible for the New Jersey area, including all the Gambino
>>> family members and associates within Local 342. Tr. 109, 113.
>>> 22. As a result of the 1993 incarcerations of Proto and Robert
>>> Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>> elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>> testified that he learned this fact from intelligence sources,
>>> discussions with Cagno and interviews with other organized crime
>>> members, including Ricciardi and Accetturo. Tr. 117-19.
>>> 23. After Proto's incarceration, Cagno became concerned about the
>>> distribution of money and work for the Colombo family members within
>>> Local 342. Tr. 116. Cagno related his concerns to members of the New
>>> York City Colombo family. Id. Cagno was approached within the next
>>> week by Andrade at a Local 342 membership meeting. Id. Andrade
>>> requested that Cagno attend a meeting with Juicy DiModica at the
>>> Kenilworth Inn on the Garden State Parkway. Id.
>>> 24. Cagno and Juicy DiModica, as representatives of their
>>> respective families, attended certain meetings at the Kenilworth Inn.
>>> Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>> James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>> DiModica and the Gambino family. Tr. 114.
>>> 25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>> of Local 342 for the Gambino family. Tr. 135. The now public
>>> electronic surveillance revealed that Vallaro met on a daily basis
>>> with Andrade to discuss labor issues within Local 342. Tr. 138.
>>> During a 30-day period, 30 telephone calls were intercepted, both
>>> incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>> labor issues and Local 342. Id.
>>> 26. Conversations over prison telephones of Proto, Casarro, and
>>> Bisaccia were intercepted and monitored. Id.
>>> 27. In April 1994, a conversation was intercepted between Joseph
>>> Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>> Vallaro told Cassarro that he and Juicy DiModica had met with the
>>> consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>> told Cassarro that James Proto, the Business Manager of Local 342, was
>>> not making any money for them and that they would be broke in two
>>> months. Elko testified that he understood this conversation to mean
>>> that James Proto was not being forceful enough in extracting money
>>> from contractors for Local 342. Id.
>>> 28. Elko testified that after the Vallaro/Cassarro telephone
>>> conversation, James Proto remained Business Manager of Local 342 for
>>> approximately one year. Id. James Proto was replaced by Wasserman.
>>> Id.
>>> VHR Construction
>>> Charge I:
>>> In or around December 1995, Alan D. Wasserman, while a member and
>>> representative of LIUNA Local 342, committed "barred conduct" in
>>> violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>> an act of racketeering, in that Wasserman did request and demand money
>>> or a thing of value from VHR Construction, an employer engaged in an
>>> industry affecting interstate commerce, when Wasserman asked for a
>>> payoff in form of a "Christmas gift" while being a Union member and
>>> representative (29 U.S.C. ?186(b)(1)).
>>> Charge II:
>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>> employer while being a Union member and representative, in violation
>>> of the "Business and Financial Activities of Union Officials" Chapter,
>>> Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>> Practices Code.
>>> 29. In 1995, the LIUNA IG's Office in Washington received
>>> information from New Jersey Regional Vice President, Ray Pocino, that
>>> a contractor who desired confidentiality had alleged that Wasserman
>>> had demanded $25,000 from a contractor in New Jersey, possibly at the
>>> Newark International Airport, and had caused the contractor's
>>> equipment to be damaged. The contractor stated specifically that one
>>> piece of equipment was filled with concrete and another piece was
>>> pushed off a floor of a building. Tr. 20. Although this statement is
>>> pure hearsay, the specificity of the description of the damage is
>>> corroborated later in interviews with a company official.
>>> 30. The IG sent investigators to Newark to verify the
>>> allegations. Id.
>>> 31. VHR Construction was a general contractor at the Newark
>>> Airport and signatory to a collective bargaining agreement with Local
>>> 342. Tr. 21, 23.
>>> 32. Victor Wortman ("Wortman") is the president and owner of VHR
>>> Construction. Tr. 21.
>>> 33. In March 1996, IG Inspectors met with Wortman at his office in
>>> Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>> company was not the victim of the equipment damage, but he had heard
>>> about the incident. Tr. 22.
>>> 34. Wortman said he knew Wasserman was working as the shop steward
>>> at Wortman's job site at the Newark Airport. Tr. 22-24.
>>> 35. Wortman said that he and his staff had threatened to dock
>>> Wasserman's pay because Wasserman frequently left the job site for two
>>> or three hours at a time. Tr. 24. As a result, Wasserman came to
>>> Wortman's office to discuss the issue during the weeks before
>>> Christmas of 1995. Id.
>>> 36. Wasserman was accompanied to the meeting by James DiModica who
>>> was also a member but not an officer or even a steward of Local 342.
>>> Tr. 28-29.
>>> 37. During Wortman and Wasserman's conversation about Wasserman's
>>> hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>> Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>> dissuade James DiModica from his request. Attorney Gold contends the
>>> record is silent as to Wasserman's participation in the request.
>>> Under the circumstances, I find that Wasserman brought James DiModica
>>> to the meeting to make the request and fully approved of the demand.
>>> 38. At the hearing in the instant matter, Schaffler testified
>>> that, in his expert opinion of the construction industry, labor
>>> payoffs are usually made at Christmastime or at the beginning of the
>>> summer or late spring. Tr. 167.
>>> 39. It was also Schaffler's expert opinion, based on his
>>> experience, James DiModica's request for a Christmas gift was the
>>> solicitation of a bribe. Tr. 165. I find that under the
>>> circumstances all parties understood that the meaning of the request
>>> was not for a nominal or token gift. Attorney Gold objects to the
>>> hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>> that Wortman's testimony was corroborated by other testimony, and is
>>> reliable.
>>> 40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>> the matter of his pay being docked for continually leaving the job.
>>> Gold argues that Wortman is obviously biased against Wasserman because
>>> of Wasserman's legitimate demand for his pay. The argument has little
>>> weight since Wasserman and Wortman entered into an agreement settling
>>> the matter.
>>>
>>>
>>> B.J. McGlone & Co. Inc.
>>> Charge III:
>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>> representative of LIUNA Local 342, committed "barred conduct" in
>>> violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>> an act of racketeering, in that Wasserman did request and demand money
>>> or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>> in an industry affecting interstate commerce, when he demanded labor
>>> payoffs from an employer while being a Union member and representative
>>> (29 U.S.C. ?186(b)(1)).
>>> Charge IV:
>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>> employer and offered to allow that employer to use non-Union labor or
>>> to pay LIUNA members less than Union-scale wages and benefits, and in
>>> so doing violated his obligation as a member of the Union to refrain
>>> from interfering with the proper conduct of Union business, in
>>> violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>> Constitution and the "Business and Financial Activities of Union
>>> Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>> of the LIUNA Ethical Practices Code
>>> 41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>> which provides fireproof material and services. Tr. 47. McGlone
>>> performed and worked at the Newark Airport job site in 1994.
>>> 42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>> who was involved in managing one of the job sites at the Newark
>>> Airport. Id. 47. The officer spoke with them on condition that his
>>> name would not be repeated to anyone outside of the interview.
>>> Although he requested anonymity, the record is clear that he was an
>>> officer of McGlone, that he was involved in the operation of the site,
>>> and that he dealt with Wasserman. The probative value of this
>>> testimony will be discussed below.
>>> 43. The officer knew Wasserman was an officer of Local 342 and the
>>> shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>> 55.
>>> 44. At the beginning of 1994, the officer and Wasserman had a
>>> conversation about placing safety equipment on the job site. The
>>> officer told Wasserman the equipment was not necessary. Tr. 52. The
>>> company did not install the equipment and the job commenced. Id.
>>> 45. Two pieces of equipment were subsequently damaged at the job
>>> site. Id. One spray machine was filled with concrete and another was
>>> pushed off an elevated floor and fell to the ground. Tr. 53. The
>>> resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>> 170. This description corroborates the description of the damage in
>>> the anonymous report made to the IG.
>>> 46. Schaffler testified that it is common practice when a company
>>> does not comply with demands for payoffs from LCN controlled unions,
>>> the union may resort to intimidation methods to frighten the company
>>> officials. Id. A common method is to damage equipment. Id.
>>> 47. The officer subsequently had a conversation with Wasserman in
>>> which the officer told Wasserman the equipment was damaged and said
>>> "this is not the way for you to put your people to work." Tr. 53.
>>> Wasserman made no reply to this accusation and requested a meeting.
>>> Tr. 54
>>> 48. Wasserman, James DiModica, and the officer met at a restaurant
>>> in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>> for $10,000 to $20,000, McGlone would be free to run the job site
>>> without interference and the company need only pay the workers enough
>>> to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>> was not his decision to pay the money and that he would have to refer
>>> them to his boss. Tr. 55. The evidence does not indicate whether the
>>> money was paid.
>>> 49. Schaffler testified that he was familiar with the terms "give
>>> them enough for a sandwich" or "give them enough for a hat." It was
>>> Schaffler's opinion that the statement made by Wasserman, "pay the
>>> workers enough for them to buy a ham sandwich," under the
>>> circumstances, meant the workers could be paid a moderate amount for
>>> work completed, but the company would not have to adhere to all terms
>>> of the collective bargaining agreement, including paying fringe
>>> benefits such as overtime and adhering to all safety standards. Tr.
>>> 168. In Shaffler's opinion, in return for the payment, Wasserman and
>>> James DiModica would take responsibility for handling any complaints
>>> from the workers. Id.
>>> 50. Attorney Gold argues that the testimony of the McGlone
>>> official is not credible. Gold states that the official is biased
>>> against Wasserman because Wasserman came to the meeting to discuss
>>> legitimate safety issues at McGlone, and the official was upset at
>>> being confronted with safety violations. This argument has little
>>> weight because substantial damage had been done to McGlone's
>>> equipment. It would be more cost effective for McGlone to address
>>> legitimate safety issues than to damage its own equipment and blame
>>> Wasserman. I find the official's representation of the events to be
>>> credible, and corroborated by other evidence. See the Discussion,
>>> infra.
>>> E & S Construction
>>> Charge V:
>>> In or around July 1996, Alan D. Wasserman, while a member and
>>> representative of LIUNA Local 342, committed "barred conduct" in
>>> violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>> an act of racketeering in that Wasserman did request and demand money
>>> or a thing of value from E&S Construction, an employer engaged in an
>>> industry affecting interstate commerce, when he demanded labor payoffs
>>> from an employer while being a Union member and representative (29
>>> U.S.C. ?186(b)(1)).
>>> Charge VI:
>>> In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>> an employer and offered to allow that employer to use non-Union labor
>>> or to pay LIUNA members less than Union-scale wages and benefits, and
>>> in so doing violated his obligation as a member of the Union to
>>> refrain from interfering with the proper conduct of Union business, in
>>> violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>> Constitution and the "Business and Financial Activities of Union
>>> Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>> of the LIUNA Ethical Practices Code.
>>> 51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>> contacted the LIUNA New Jersey regional office concerning an
>>> allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>> shortly thereafter. Id.
>>> 52. Taylor is a former member of LIUNA Local 472 located in
>>> Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>> could not work as a laborer, he formed his own construction company.
>>> Id.
>>> 53. In July 1996, Taylor maintained a job site along Routes 1 and
>>> 9 in New Jersey. Id.
>>> 54. In the same month, Taylor received a call from Wasserman who
>>> identified himself as a representative from Local 342 and requested a
>>> meeting. Id. Taylor agreed to the meeting. Id.
>>> 55. The following day, Wasserman arrived at Taylor's job site
>>> accompanied with an individual Taylor later identified as James
>>> DiModica. Id.
>>> 56. At the start of the meeting, James DiModica stated that he had
>>> just gotten out of jail. Tr. 60.
>>> 57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>> at the Newark Airport with the Brown Matthews Company, and he
>>> requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>> 58. Taylor replied that at the time he had three full-time workers
>>> with his company and the workload was just enough for those three
>>> workers. Taylor said if his workload increased he would definitely
>>> call the Local 342 hiring hall for laborers. Id.
>>> 59. Wasserman replied by pointing to the Taylor's three Hispanic
>>> workers, calling them an "eyesore," and telling Taylor he could not
>>> use them because he had to use Local 342 members. Id.
>>> 60. Wasserman then made a motion with one of his hands indicating
>>> five fingers. Id. When Wasserman's fingers were waved at him,
>>> Taylor, who was familiar with labor union relationships in New Jersey,
>>> asked if Wasserman was requesting $500 to insure that he would have no
>>> problems with the union. Tr. 59. Wasserman replied not $500 but
>>> $5,000. Id.
>>> 61. Taylor told Wasserman he didn't "have that kind of money."
>>> Id. Wasserman replied that in exchange, Taylor would not have to pay
>>> the workers any benefits. Id. Taylor understood this to mean that
>>> the various fringe benefits, pension annuity, and medical benefits
>>> required by the collective bargaining agreement would not have to be
>>> paid if Taylor complied with the demand. Tr. 59-60.
>>> 62. Wasserman told Taylor that if Taylor did make the payment,
>>> Wasserman would make him put up a bond for the benefits at his job
>>> site. Tr. 59.
>>> 63. Towards the end of the meeting, James DiModica made a
>>> statement to Taylor that "we have connections, we'll get you paid
>>> faster." Tr. 60.
>>> 64. Subsequently, Taylor positively identified James DiModica from
>>> photographs shown to him by IG Inspectors. Id.
>>> 65. I find that there was no reason for James DiModica, who had no
>>> official union position, to accompany Wasserman to Wasserman's
>>> meetings with Taylor or VHR Construction. The Wasserman/James
>>> DiModica visits to the contractors appears, under these circumstances,
>>> to be a joint venture in extortion.
>>> 66. The statements of Taylor as to what the demands meant and the
>>> expert opinion of Schaffler as to the nature of the modus operandi of
>>> extortionate practices are credible and well founded.
>>> 67. Attorney Gold contends that the appearance of James DiModica
>>> with Wasserman where money was solicited from employers was not in
>>> itself improper. Gold argues that DiModica might have been a shop
>>> steward on at least one of the jobs, and his appearance on any of the
>>> jobs was not prohibited. As discussed below, James DiModica was an
>>> associate of organized crime. On one occasion he suddenly requested a
>>> Christmas gift from the employer and on another he began the
>>> conversation by informing the employer that he had just been released
>>> from jail. James DiModica's appearance with Wasserman was intended to
>>> serve the purpose of intimidating the contractor.
>>> 68. Attorney Gold also contends that since none of the complaining
>>> persons ever alleged that as a result of denying payoffs they suffered
>>> any reprisals. He argues that the LCN would not permit a refusal to
>>> go unpunished. There is no evidence to indicate whether or not the
>>> payments were made. The record is silent on that matter; however,
>>> there is evidence that equipment at McGlone was heavily damaged after
>>> McGlone refused to install the requested safety apparatus.
>>> Knowing Association With The LCN
>>> Charge VII:
>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>> and representative of LIUNA Local 342, committed "barred conduct" in
>>> violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>> associating with La Cosa Nostra crime family members or associates,
>>> including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>> crime family and James DiModica, an associate of the Gambino crime
>>> family.
>>> 69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>> Jersey for approximately ten years.
>>> 70. At the time of the hearing in this matter, Wasserman was the
>>> Business Manager of Local 342. He was appointed by the Executive
>>> Board to succeed James Proto. Wasserman has also served in the
>>> positions of field representative and a shop steward of Local 342.
>>> 71. The GEB Attorney offered the history of Local 342 described
>>> above in paragraphs 8 through 28 and the following testimony of Elko
>>> as evidence of Wasserman's associations with the Gambino family.
>>> 72. Based upon his years of investigation, including the
>>> aforementioned information in paragraphs 8 through 28, and
>>> corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>> concluded that Juicy DiModica is a made member of organized crime and
>>> in charge of a Gambino family crew in New Jersey. Tr. 119.
>>> 73. Based upon his information, including direct information from
>>> Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>> years of surveillance, Elko concluded that James DiModica is an
>>> associate of the Gambino family. Tr. 120-21, 129. Id.
>>> 74. Based upon direct information from Cagno, information from
>>> Masucci and Montgomery, and eleven years of surveillance, Elko
>>> concluded that Wasserman is an associate of the Gambino family. Tr.
>>> 123, 129.
>>> Discussion
>>> The IHO must base his decisions on reliable evidence through a review
>>> of what is probative and reliable. Attorney Gold objects to the use
>>> of hearsay evidence in this proceeding. Contrary to his assertion,
>>> however, reliable hearsay evidence is admissible in labor
>>> arbitrations. Associated Cleaning Consultants and International
>>> Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>> (1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>> 97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>> District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>> Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>> evidence has been admitted regularly in union disciplinary proceedings
>>> arising under the Teamsters Consent Decree. United States v. IBT
>>> (Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>> v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>> (Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>> United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>> 1990). The test is whether the evidence is reliable. Senese &
>>> Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>> 389, 402 (1971)).
>>> The testimony of the IG Inspectors regarding statements of contractors
>>> describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>> & S Construction are hearsay; however, they demonstrate a similar
>>> pattern, and similar demands were related by three individuals who
>>> have neither bias nor reason to falsify. The individuals knew their
>>> statements would eventually be known when they spoke to the
>>> investigating officials, yet they still exposed themselves to the risk
>>> of voluntary cooperation. One of the individuals initiated contact
>>> with officials. I recognize that one of the individuals has remained
>>> unnamed and, standing alone, his statements would not be probative.
>>> Nonetheless, I give evidentiary weight to his information due to the
>>> striking similarity between the three incidents. The hearsay
>>> statements of the unnamed individual match the hearsay statements of
>>> the named individuals. The statements describe the same modus
>>> operandi, the same labor extortion goals during roughly the same time
>>> period, and involve the same two perpetrators. I find that the
>>> hearsay statements of the contractors corroborate each other and I
>>> find the evidence to be reliable especially given the very similar
>>> pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>> hearsay evidence reliable based upon FBI Agent's information being
>>> culled from various sources and the various sources' corroboration of
>>> one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>> of factors to evaluate reliability giving evidentiary weight to
>>> hearsay declarations of three LCN members related by FBI agent;
>>> factors included corroborating statements in crucial respects, a
>>> consistent picture of the relationship of the individuals and the
>>> statements matched the FBI agent's declaration in the subject matter).
>>> The EDP prohibits members from engaging in barred conduct. Barred
>>> conduct includes, among others, committing any act of racketeering.
>>> See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>> ("EPC"). The EPC defines barred conduct to include in pertinent part:
>>> "committing any act of racketeering, as defined in Title 18 of the
>>> United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>> Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>> U.S.C. ? 1961(a).
>>> Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>> and or to receive anything of value from a contractor with whom he has
>>> a collective bargaining agreement:
>>> It shall be unlawful for any person to request, demand, receive, or
>>> accept, or agree to receive or accept, any payment, loan, or delivery
>>> of any money or other thing of value prohibited by subsection (a) of
>>> this section.
>>> 29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>> "giving any money or other thing of value to any labor organization,
>>> or any officer or employee thereof, which represents, seeks to
>>> represent, or would admit to membership, any of the employees of such
>>> employer who are employed in an industry affecting commerce."
>>> Respondent argues that the IG Inspector never asked Wortman if he
>>> believed the request for a gift was an "extortion or a demand." The
>>> argument has no merit; any form of request is prohibited.
>>> Barred conduct also includes "knowingly associating" with members of
>>> an organized crime family such as the LCN, and knowingly allowing an
>>> LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>> Under the EDP, the term "knowingly associate" means that: (1) the
>>> union member knew the person with whom he or she was associating was a
>>> member or associate of the LCN; (2) the association related directly
>>> or indirectly to the affairs of the union; and (3) the association was
>>> more than fleeting or casual. Id.
>>> In Senese & Talerico, the Court upheld the IBT Independent
>>> Administrator's determination that "'knowing association' can be
>>> inferred from the duration and quality of the association." 745
>>> F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>> he was associating were members of organized crime. The individuals
>>> with whom Wasserman dealt were identified as well known members of
>>> organized crime families by three former organized crime members. The
>>> association was not fleeting or casual. Wasserman attended meetings
>>> with contractors accompanied by James DiModica, a known associate of
>>> organized crime, whose presence was not related to the ordinary course
>>> of union business. Wasserman took James DiModica along for his
>>> intimidation factor. Wasserman had to have known James DiModica was
>>> associated with organized crime; there was no other reason for
>>> DiModica to accompany him. A similar conclusion was reached by the
>>> Independent Administrator in Cimino where the Independent
>>> Administrator found that Cimino had to have known of Nicodemo
>>> Scarfo's Philadelphia organized crime ties during their association
>>> because "the very purpose of that relationship" was allowing Scarfo to
>>> use Cimino and the local union to "further his La Cosa Nostra
>>> interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>> the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>> (Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>> Cir. 1992). The relationship between Wasserman and James DiModica was
>>> obviously an illegal joint venture to extort union contractors with
>>> the approval of the Gambino family.
>>> The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>> part time no-show shop steward and argued that being a no-show shop
>>> steward is evidence of being associated with organized crime. I do
>>> not find this evidence to be probative of Wasserman's organized crime
>>> association.
>>> Obstruction
>>> Charge IX:
>>> On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>> investigators of LIUNA's Inspector General's Office, committed "barred
>>> conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>> and the LIUNA Ethical Practices Code by refusing to answer questions,
>>> terminating the interview, and thereby obstructing and interfering
>>> with an investigation being conducted by the LIUNA Inspector General's
>>> Office.
>>> Findings of Fact
>>> 75. In May 1996, IG Inspectors interviewed Wasserman at his
>>> residence in Union, New Jersey. Tr. 61, 64.
>>> 76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>> second time at the VHR job site at the Newark Airport to obtain the
>>> additional information about James DiModica. Tr. 64.
>>> 77. They met Wasserman as he came out of the security area. The
>>> IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>> Wasserman stated he preferred to speak at the VHR trailer outside the
>>> parking lot area and the IG Inspectors agreed. Id.
>>> 78. The IG Inspectors told Wasserman they needed more information
>>> on the identity of James DiModica. Id. Wasserman refused to speak
>>> with them and stated he was very concerned that someone had broken
>>> into his house three days after the May 1996 interview with the IG
>>> Inspectors. Tr. 66.
>>> 79. Wasserman refused to reply to questions about James DiModica
>>> and began to leave the area. Id. The IG Inspector told Wasserman he
>>> should remain and speak with them. Tr. 66. Wasserman refused and
>>> left the building. Id.
>>> 80. Outside the building, IG Inspectors again requested that
>>> Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>> 66-67.
>>> 81. I find that Wasserman purposefully refused to submit to an IG
>>> interview, and thereby obstructed the IG investigation.
>>> CHARGE X
>>> On or about July 8, 1997, Alan D. Wasserman at his deposition
>>> committed "barred conduct" in violation of the LIUNA Ethics and
>>> Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>> testifying that he had been elected by the general membership to be
>>> the Business Agent for Local 342 despite knowing that the general
>>> membership did not elect him and that he instead was appointed to the
>>> position.
>>> 82. I find the fact that Wasserman's statements that he was
>>> elected rather than having been appointed, was not a material fact and
>>> was not in violation of the EPC.
>>> CHARGES XI-IV
>>> 83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>> testified at his deposition, that he never demanded a Christmas gift
>>> from a contractor, that he never demanded things of value from a
>>> contractor in exchange for labor peace, that he never attempted to
>>> extort Victor Wortmann or VHR Construction, and that he never met with
>>> or approached contractors with James DiModica. The preponderance of
>>> the evidence proves that Wasserman did perform all of these acts and
>>> when he was asked about them under oath he denied his participation.
>>> 84. Disciplinary Charge XIV alleges Wasserman committed barred
>>> conduct in violation of the EDP and EPC by falsely testifying at his
>>> July 8, 1997 deposition that he never knowingly associated with
>>> members or associates of organized crime. See GEB Ex. 1. The
>>> preponderance of the evidence shows he gave false testimony when he
>>> was asked about his connections with organized crime and he denied
>>> them.
>>> Conclusions
>>> 1. During the period of time alleged in the charges, Local 342
>>> was dominated by members or associates of the Gambino crime family.
>>> 2. There is a preponderance of the evidence that Wasserman
>>> committed barred conduct by requesting money from VHR Construction in
>>> violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>> 3. There is a preponderance of the evidence that Wasserman
>>> committed barred conduct by demanding money from B.J. McGlone & Co.,
>>> Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>> 4. There is a preponderance of the evidence that Wasserman
>>> committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>> to use non-union labor or to pay LIUNA members less than union-scale
>>> wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>> 5. There is a preponderance of the evidence that Wasserman
>>> committed barred conduct by demanding money in exchange for labor
>>> peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>> and the EPC.
>>> 6. There is a preponderance of the evidence that Wasserman
>>> committed barred conduct by offering to allow E & S Construction to
>>> pay LIUNA members less than union-scale wages and benefits in
>>> violation of 186 ' (b)(1) and the EPC.
>>> 7. There is a preponderance of the evidence that Vincent
>>> "Juicy" DiModica is a member of the Gambino family and James DiModica
>>> is an associate of the Gambino family.
>>> 8. There is a preponderance of the evidence that Wasserman
>>> knowingly associated with members of organized crime, thereby
>>> committing barred conduct under the EDP.
>>> 9. The evidence clearly demonstrates that Wasserman's
>>> associations with organized crime directly affected the affairs of the
>>> union. Wasserman took a known LCN associate on his visits to
>>> contractors and demanded payments in exchange for labor peace and
>>> permission to use either non-union labor or non-union scale wages and
>>> benefits. The Wasserman/James DiModica venture was an on-going scheme
>>> to extort contractors.
>>> 10. There is preponderance of the evidence that Wasserman
>>> committed barred conduct by giving false testimony at his deposition
>>> when questioned about his association with organized crime and his
>>> dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>> Construction.
>>> 11. Wasserman's statement that he was elected to be a Business
>>> Agent of Local 342, rather than appointed was not a material
>>> misstatement and did not obstruct the GEB Attorney.
>>> Decision
>>> Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>> the evidence. Charge X has not been proved by a preponderance of the
>>> evidence.
>>> Penalty
>>> Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>> permanently barred from holding an office in or being employed by
>>> Local 342 or from being an officer or being employed by any LIUNA
>>> affiliated entity or fund.
>>> Wasserman has a right to appeal this Order to the LIUNA Appellate
>>> Officer by filing a Notice of Appeal with the Appellate Officer within
>>> 10 days of the date this Order.
>>> Peter F. Vaira
>>> INDEPENDENT HEARING OFFICER
>>>
>>>
>>> --------------------------------------------------------------------------------
>>>
>>> [1]See previous IHO findings pertaining to LCN history in the United
>>> States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>> (Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>> Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>> 7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>> 17, 1998).
>>>
>>>
>>> The Albanian Connection; As Italians Move Up, a New Group Does the
>>> Pizza and Pasta source: THE NEW YORK TIMES
>>> More information. April 3, 2001, Tuesday
>>> By DEXTER FILKINS (NYT); Metropolitan Desk
>>> Late Edition - Final, Section B, Page 1, Column 2,
>>> DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>> restaurants and pizza parlors in New York City and surrounding area;
>>> various reasons cited"
>>>
>>> Hillary Clinton has long masqueraded as a champion of women's
>>> rights, yet the
>>> Balkan Wars perpetrated by her husband Bill Clinton , far from
>>> helping the
>>> rights of women, actually harmed women.
>>> "Sex Slaves: Trafficking in human beings from Moldova to Italy
>>> ...the West has helped to create the demand, by stationing tens of
>>> thousands of
>>> troops in the Balkans. Not all of these sex slaves' clients are
>>> soldiers and
>>> international workers, but their presence has greatly fuelled the
>>> demand for
>>> brothels in the Balkans. Certainly, the volume of trafficking,
>>> which picked up
>>> in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>> anticipation of military strikes against Yugoslavia [1], has greatly
>>> increased
>>> since the Kosovo war. Finally, the West has helped to create the
>>> link between
>>> the supply and the demand by supporting, in the Kosovo war, the very
>>> Albanian
>>> Mafia which now controls this market. The fact that there is so
>>> much reporting
>>> now on the matter of sex slaves may be an indication that the powers
>>> that be in
>>> the West are beginning to ditch those whom they portrayed during the
>>> spring of
>>> 1999 as passive and innocent victims....
>>>
>>> It is clear that the Albanian Mafia controls prostitution in Italy,
>>> and that a
>>> very large number of prostitutes there are effectively slaves.
>>> Although not all
>>> the girls in Italy are from Moldova - many come from Nigeria and
>>> Albania - it
>>> has been affirmed by one of the leading authorities on prostitution
>>> that they
>>> are kept in captivity. "All the women currently on the streets (of
>>> Italy) are
>>> slaves. The proof is that the Nigerians, the Albanians, the
>>> Romanians and the
>>> women from Eastern European countries all have their passports taken
>>> away by
>>> their pimps. There is not one metre of street in which prostitution
>>> is not
>>> controlled by criminals," according to Don Oreste Benzi, a priest in
>>> Verona who
>>> has founded a charity which works with prostitutes. Benzi goes
>>> on, "The
>>> Albanians operate in family clans, in `joint ventures' with the
>>> Mafia in Eastern
>>> Europe and Italy. No new pimp can start operating in Italy without
>>> paying a
>>> percentage to the person who already controls the territory. Any
>>> mistakes are
>>> punished by death. For the Albanians, vendetta is second nature:
>>> the concept
>>> of forgiveness does not exist."[7] According to Benzi's charity, the
>>> Association of the Community of Pope John XXIII, 48% of the
>>> prostitutes in Italy
>>> are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>> old); and 26%
>>> have been kidnapped and taken from their countries of origin by
>>> force.[8]
>>> source:
>>> http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>> Hillary Clinton has also masqueraded as someone concerned about
>>> Children's
>>> Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>> Clinton
>>> actually harmed children too.
>>> "Sexual exploitation of children
>>> An especially appalling aspect of the trade in human beings is the
>>> sexual
>>> exploitation of children. BHHRG representatives interviewed Mariana
>>> Petersel,
>>> the Director of Save the Children in Moldova, whose organisation has
>>> started to
>>> house and rehabilitate young women and girls who have been forced
>>> into sex
>>> slavery. The youngest victim with which they have dealt was nine
>>> years old.
>>> 260 victims of sex slavery have been housed and helped by Save the
>>> Children
>>> during 2000. They had been in various Balkans countries: Kosovo,
>>> Albania,
>>> Macedonia, Italy, and Greece.
>>> References for further reading:
>>> Trafficking in Migrants,
>>> http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>> Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>> Milan, May
>>> 1999
>>> Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>> Paoline
>>> Editoriale Libri, 1999
>>> Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>> liberazione del
>>> Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>> Editrice, Rome,
>>> 2000.
>>> [1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>> 18th April
>>> 2000
>>> [2] The Current Situation on Trafficking in Women in the Republic of
>>> Moldova,
>>> unpublished report by Ala M?nd?canu, Member of the Moldovan
>>> Parliament.
>>> [3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>> Monde, 1st
>>> December 2000
>>> [4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>> Albanian Daily
>>> News, 5th October 2000
>>> [5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>> 1st July 1999
>>> [6] Ibid.
>>> [7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>> http://www.mess-s-
>>> antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>> itute.htm
>>> [8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>> della
>>> prostituzione,
>>> http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>> [9] The Italian Finance Minister, Ottavanio del Turco, has also
>>> recently
>>> attacked the Mafia activities of the Montengrin president, Milo
>>> Djukanović.
>>> See La Repubblica, 12th January 2001
>>> source:
>>> http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>> Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>> Italy's sexual slave trade
>>>
>>>
>>> Many prostitutes in Italy come from Albania
>>> In the first of two special reports, the BBC's Brian Barron
>>> investigates Italy's
>>> clandestine trade in sexual slaves and the Albanian criminals behind
>>> the
>>> business.
>>> It is estimated that there could be more than 40,000 foreign
>>> prostitutes on the
>>> streets of Italy - and the numbers are increasing.
>>> The streetwalkers venture out every night after 10, on the edge of
>>> big cities
>>> like Rome.
>>> Each trip was awful but that was my choice. If I returned to
>>> Albania I was
>>> dead.
>>> Prostitute
>>> In the Eor district, they are Albanian or from other former
>>> communist countries.
>>> Most are controlled by Albanian mafia gangsters. A handful have
>>> travelled to
>>> Italy through their own efforts.
>>> One streetwalker whose identity must be kept secret recalls her
>>> particular
>>> journey.
>>> "I came by boat," she says.
>>> "I was smuggled in. I had tried four times. It was a horrible trip."
>>> "It was winter, cold and raining. It was a terrible risk. I saw dead
>>> people with
>>> my own eyes."
>>> "Each trip was awful but that was my choice. If I returned to
>>> Albania I was
>>> dead."
>>> "Dead or alive - this was my only choice."
>>> Tarantelli: Women are held in slavery
>>> The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>> are slaves.
>>> "They are brought here," she says.
>>> "Their passports are destroyed often, usually as a matter of fact
>>> they are
>>> tortured to break their wills."
>>> "They're moved around from place to place so they don't know where
>>> they are.
>>> They don't speak the language."
>>> "They're terrified and they can't escape. They're held in slavery."
>>> Poverty
>>>
>>> For many of the girls, the journey began in their Albanian homeland.
>>> In Durres, most people are out of work, surviving on remittances
>>> from relatives
>>> abroad, like the girls on the streets of Italy.
>>> In its poverty and human desperation it is typical of countless
>>> Albanian
>>> communities.
>>> Once Albania was an all-powerful communist police state. It is now a
>>> country
>>> beyond the rule of law.
>>> The police chief of Durres, Colonel Albert Pilo, is having a
>>> difficult time
>>> stamping out the smuggling of young girls.
>>> Durres: Lawlessness and poverty prevail
>>> "We have had some success against traffickers in prostitutes," he
>>> says.
>>> "We've arrested at least three. But a big problem is what to do with
>>> the girls
>>> caught up in the system, especially if they come from outside
>>> Albania."
>>> "The fact is we do not have any organisation for helping them."
>>> "At times we've had to keep the girls in prison because there's
>>> nowhere for them
>>> to go."
>>> Dramatic pictures, taken two years ago, show one of the speedboats
>>> of the
>>> Albanian mafia being intercepted by Italian security forces.
>>> An Albanian mafia speedboat with its human cargo heads for Italy
>>> It was trying to land a batch of illegal immigrants on Italy's
>>> Adriatic coast.
>>> Boxes of drugs were thrown overboard as the gangsters, travelling at
>>> 60 miles an
>>> hour, evaded the helicopters and ships trying to encircle them.
>>> On the coast at Lecce, the Italian Justice Ministry, working with a
>>> Catholic
>>> charity, has launched another kind of assault on the Albanian mafia.
>>> In one camp for illegal immigrants, Father Cesari helps run a
>>> witness protection
>>> programme for former prostitutes from Albania and Eastern Europe.
>>> Hope for some of the women in the witness protection programme
>>> "The choice of denouncing their pimps is an act of responsibility,"
>>> he says.
>>> "It's not an easy decision to make. So these girls must have the
>>> courage to do
>>> it.
>>> "To cut all ties with the past. By pointing the finger at those who
>>> abuse them
>>> there is the chance that some of the guilty will be brought to
>>> justice."
>>> Eighty girls have collaborated. They have been rewarded with the
>>> right to remain
>>> in Italy and, when necessary, new identities.
>>> However, 500 declined because they were afraid of the godfathers.
>>> source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>
>>>
>>>
>>>
>>> The notorious Mafioso Johnny Dio is described here. Actor Frank
>>> Pellegrino
>>> played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>> Was Johnny
>>> DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>> know please
>>> post your materials and sources for them.
>>>
>>> Joseph J. DioGuardi was born in the Bronx, New York, on September
>>> 20th, 1940.
>>>
>>> Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>
>>> Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>> the
>>> imagination. DioGuardi specialized, among other things, in
>>> victimizing Jews.
>>> DioGuardi victimized some Jews directly and victimized other Jews
>>> less
>>> directly, as they became unwitting customers. The article below
>>> notes that "A
>>> salesman for the company testified in 1969 that often the meat they
>>> delivered to
>>> retailers was "sometimes light green and sweaty and often was an
>>> atrocity to
>>> perpetrate on our customers."
>>>
>>>
>>>
>>>
>>> "On November 14th, 1964, two NYPD detectives sat in a basement in
>>> Queens, New
>>> York, listening to a tape recording of the conversations coming out
>>> of a bug-a
>>> tiny wireless microphone and radio transmitter hidden in the office
>>> of Norman
>>> LoKietz, president of the Merkel Meat Company. They were listening
>>> to evidence
>>> that illustrated with chilling clarity that the Mafia controlled an
>>> industry
>>> that robbed the public of more than just its money. It was also
>>> stealing its
>>> health and safety. In the taped conversations, the name "Johnny Dio"
>>> kept
>>> cropping up. The cops knew who he was.
>>>
>>>
>>>
>>> Dio's photograph, with a cigarette dangling from one corner of a
>>> viscous snarl
>>> as he slugged a United Press photographer outside a Senate committee
>>> hearing
>>> room, appeared on front pages of newspapers all over the country,
>>> because it so
>>> perfectly matched the average person's preconception of what a Mafia
>>> thug should
>>> look like.
>>>
>>>
>>> As the police developed their investigation into the Merkel Meat
>>> Company and the
>>> links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>> that the
>>> Lucchese crime family was earning big money from its involvement in
>>> the movement
>>> of substandard and, at times actually rotten meat, that was being
>>> sold into the
>>> retail marketplace.
>>>
>>>
>>> Dioguardi was a master fixer and controller of locals and unions
>>> and, through
>>> this influence, was able to manipulate opportunities for himself and
>>> the
>>> Lucchese family in a wide range of areas.
>>>
>>>
>>> The Nassau DA William Cahn illustrated Dioguardi's association with
>>> one
>>> particular company that showed his ability to corrupt and control.
>>>
>>> In 1963, he joined Consumer Kosher Productions as a salesman on a
>>> salary of $250
>>> a week. By 1966, he was earning $5000 per week, and in addition had
>>> taken over
>>> control of the business. He used this company as a vehicle to gain
>>> control of
>>> the low price kosher meat business. Essentially his method was to
>>> take over an
>>> organization, buy in supplies and create an extended line of credit,
>>> never pay
>>> his debtors, and when the business went bust, move on to the next
>>> one.A salesman
>>> for the company testified in 1969 that often the meat they delivered
>>> to
>>> retailers was "sometimes light green and sweaty and often was an
>>> atrocity to
>>> perpetrate on our customers." Consumer Kosher Productions eventually
>>> went
>>> bankrupt, and Dioguardi shifted what remaining assets there were to
>>> another
>>> company called Tel Aviv. That company also went belly-up in due
>>> course and he
>>> then set up a firm called First National Kosher Provisions. And so
>>> it went on.
>>> Eventually the law caught up with him and he was indicted, and in
>>> 1967 was
>>> sentenced to five years in prison and fined $10,000. By this time,
>>> Dioguardi had
>>> been connected to the Lucchese family for over thirty years.
>>> Johnny Dio under arrest(AP)
>>>
>>> Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>> on Forsythe
>>> Street in Little Italy where his father Dominick owned a bicycle
>>> shop there. By
>>> 1930, he was already at age fifteen an apprentice young hood. After
>>> a year and a
>>> half at Stuyvesant High School, he left to begin work. Through the
>>> influence of
>>> his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>> and upcoming
>>> soldier in the Gagliano family, he became a leg-breaker and budding
>>> extortionist
>>> working the Garment Center. He was also, as legend has it, one of
>>> the gangsters involved in the so called "Murder Inc." group
>>> that worked
>>> out of Brownsville, East New York, in the 1930's carrying out
>>> murders....Darkly handsome-so dark that he
>>> was called
>>> "Blackie" as a young street punk-wearing $250 silk suits and a
>>> pleasant smile,
>>> well dressed, well barbered and well manicured, he was always
>>> careful to give
>>> the appearance of an urbane and successful businessman.In 1935,
>>> Thomas Dewey,
>>> the crusading New York DA, listed Dioguardi as among the most
>>> dangerous hoods in
>>> the city. And all this before he was twenty-one years old! In 1937
>>> he got a
>>> three-to-five year sentence at Sing-Sing after being convicted with
>>> his uncle
>>> and several other mobsters for extortion and assault. They had been
>>> extracting
>>> $5000 from every trucker in the garment district, plus demanding a
>>> premium on
>>> every suit and coat made in the area.In 1944, he was indicted for
>>> operating an
>>> illegal still, but the charge was dismissed.In 1954, he was tried
>>> and convicted
>>> for failure to pay state income tax in connection with his continued
>>> shakedown
>>> of operators in the garment district. For that, he got sixty days.In
>>> November
>>> 1957, he went on trial with some Teamster officials for shaking down
>>> owners of
>>> stationery stores. After a four week trial, he was convicted and
>>> sentenced to
>>> two years in jail.By the time he was forty, he was a "made man" in
>>> the Gagliano
>>> family which was now referred to as the Lucchese family, operating
>>> as a capo, or
>>> crew chief, and he was a multi-millionaire. He was highly regarded
>>> in the family
>>> as a "ferocious earner" the highest accolade that can be bestowed on
>>> a member of
>>> organized crime, generating in excess of $100,000 each week. He was
>>> so rich, his
>>> standard Christmas present to his wife was a shoe box stuffed with
>>> $50,000 and a
>>> sweet little note such as " buy yourself some nice clothes,
>>> honey."He lived in
>>> great style, wining and dining at the best hotels and restaurants in
>>> town, but
>>> always reserved Sundays to meet with family and friends, and prepare
>>> lunch or
>>> dinner. Like so many mobsters of Italian-American extraction, he was
>>> an
>>> excellent cook, and loved to entertain at his beautiful and lavish
>>> home in
>>> Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>> for $75,000
>>> in the early 1960's. His legitimate business fronts which
>>> contributed to his
>>> significant tax returns each year, included many highly profitable
>>> clothing
>>> factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>> which sold
>>> promotional items to commercial establishments. One of their major
>>> customers was
>>> the retail chain Waldbaums.His skill as a union manipulator was
>>> legendary in the
>>> Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>> to Los
>>> Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>> Mafia
>>> family. The ILGWU was trying to drive out non-union, cheap Mexican
>>> labour from
>>> Dragna's factories, but Dioguardi's expertise secured waivers on
>>> every important
>>> stipulation set up and foiled the union's attempt.In the 1950's,
>>> Senate
>>> investigations named Dioguardi as one of the masterminds that
>>> manipulated the
>>> unions operating out of Idlewild, the vast 5,000 acre international
>>> airport that
>>> would one day be called Kennedy.When Jimmy Hoffa was making his play
>>> to become
>>> president of the giant Teamsters Union in 1957, he turned to an old
>>> friend,
>>> Johnny Dio for help. It wasn't clear whether or not the majority of
>>> the New York
>>> area locals supported Hoffa, and this was necessary to swing enough
>>> voters to
>>> support his control of the mid western region, secured through the
>>> Chicago Mob's
>>> help. The solution was to create more locals: enough to establish a
>>> majority.
>>> This was done by setting up "paper" locals-locals with few if any
>>> members-that
>>> could swing the balance in the New York voting.Dioguardi engineered
>>> the creation
>>> of seven new Teamster unions. The extra supply of delegates from
>>> these
>>> guaranteed Hoffa control of the New York delegation of the Teamsters
>>> convention.
>>> These seven locals were basically sham fronts, composed not of
>>> working people,
>>> but friends and relatives of Johnny Dio. Hoffa won the
>>> nomination.With hindsight
>>> it was probably the start of Hoffa's imbroglio with the Justice
>>> Department,
>>> resulting in his war with Robert Kennedy, his indictment, trial and
>>> imprisonment
>>> in 1967, release in 1971 and the events that led up to the fateful
>>> rendezvous on
>>> July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>> went there to
>>> meet up with three men. It was a rendezvous from which he never
>>> returned,
>>> vanishing off the face of the earth; murdered probably by Salvatore
>>> Briguglio, a
>>> man connected to the Genovese crime family. Hoffa became a ghostly
>>> testator who
>>> haunts the Teamsters trust to this day.John Dioguardi was
>>> undoubtedly one of the
>>> most powerful members of the Lucchese crime family. His influence
>>> was felt in
>>> many areas, particularly those relating to labor. He is remembered
>>> however, more
>>> than anything, for one especially terrible act.In the early hours of
>>> Thursday
>>> April 5th, 1956, a nationally known newspaper columnist and
>>> commentator on labor
>>> affairs called Victor Riesel made a radio broadcast in New York. The
>>> 41-year-old
>>> Riesel was a crusading journalist, specializing in investigating
>>> union
>>> corruption and Mob-influenced officials. Writing for the Daily
>>> Mirror, his
>>> column was syndicated in 193 newspapers. This night, he interviewed
>>> two workers
>>> from Local 138 of the International Operating Engineers Union out of
>>> Long
>>> Island. Run by father and son both called William DeKoning, they and
>>> their local
>>> were involved in shaking down contractors and were under
>>> investigation by
>>> Manhattan US attorneys.After the broadcast, Reisel and his
>>> secretary, Betty
>>> Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>> late
>>> supper. At 3 a.m. as they were walking to Nevins' car, a man
>>> approached them and
>>> threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>> Hospital,
>>> surgeons were unable to save his eyesight.
>>> Victor Reisel
>>> A federal investigation established the attacker was a twenty-two-
>>> year-old hood
>>> and longshoreman called Abraham Tevi. He had been hired by one Joe
>>> Carlino and
>>> paid $1,175 to do the job. The money had apparently been put up by
>>> Dioguardi. As
>>> publicity mounted, Tevi became convinced that he had been grossly
>>> underpaid to
>>> carry out a piece of work on such an important person and demanded
>>> $50,000. What
>>> he got instead was two bullets in the head, and his body was found
>>> on July 28th,
>>> lying on Mulberry Street, in Manhattan's Little Italy district.
>>> Although some
>>> people were tried and convicted of the attack on Reisel, the two
>>> prime witnesses
>>> against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>> and all
>>> charges against Johnny Dio were dropped in May, 1957.
>>> The assault on Victor Reisel brought a lot of pressure down on
>>> Johnny Dio. The
>>> very action that was aimed at removing a source of irritation,
>>> resulted in far
>>> more damage to his activities that could possibly have occurred had
>>> the assault
>>> not taken place.Despite all the other criminal acts that he was
>>> involved in or
>>> convicted of, Dioguardi is still best known as "the man who blinded
>>> Victor
>>> Reisel." That reputation more than anything else guaranteed that the
>>> police, FBI
>>> and the media would never stop hounding him, and as a result, he
>>> would
>>> eventually spend the rest of his prime years in prison for other
>>> crimes he
>>> committed.Dioguardi always on the lookout for new rackets,
>>> discovered the boom
>>> in fly-by-night stock promotions in the late 1960's. Stock would be
>>> acquired
>>> from a failing company for little or no money; the market would be
>>> rigged in the
>>> stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>> then the
>>> shares would be sold at vastly inflated prices-leaving the investors
>>> to hold the
>>> bag when the fraud was eventually exposed. However fate and the law
>>> finally
>>> caught up with Johnny Dio and, in 1970, he, along with his immediate
>>> boss in the
>>> Lucchese crime family Carmine Tramunti, were indicted on fraud
>>> charges
>>> concerning stocks in two firms, Belmont Franchising Corp. and
>>> At-Your-Service-Leasing Co.He was tried and convicted in December
>>> 1973, and
>>> sentenced to a further prison sentence, concurrent to the one he was
>>> already
>>> serving at Danbury Prison in connection with one of his kosher meat
>>> company
>>> scams. Due for parole in August 1979, he died in a prison hospital
>>> the same
>>> year.
>>> Johnny Dio going to prison one last time
>>> Johnny Dioguardi was a good example of the consummate mafioso. He
>>> started young
>>> at fifteen and had a perfect introduction into the world of crime
>>> through the
>>> guidance and help of his uncle. He combined thuggery, cunning, guile
>>> and polish
>>> in an enviable mixture. He made the right kind of connections from
>>> an early age.
>>> Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>> these
>>> contacts throughout his career as a means of levering his scams and
>>> extortion's
>>> into huge, money-spinning ventures for himself and his crime family.
>>> Like many
>>> criminals, he obviously had the brains and ability to have succeeded
>>> in
>>> legitimate business, had he been that way inclined. The highest
>>> earners in the
>>> Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>> lowest soldiers
>>> will routinely put in eighty hour weeks, seven days to keep on top
>>> of their
>>> scheming and scamming.
>>> When he died in a Pennsylvania prison hospital, his passing
>>> attracted no
>>> newspaper attention. All his wealth and power and almost fifty years
>>> of criminal
>>> depravity seemed to count for nothing at all. It was as though he
>>> had never
>>> existed."
>>> source:
>>> http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>
>>> 2.html
>>>
>>>
>>> "February 2001In The Money: Congressman James Traficant And His
>>> Campaign
>>> ContributorsBy James Ridgway de Szigethy
>>> Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>> corrupted labor
>>> Unions and Middle Eastern political operatives are among those who
>>> have
>>> contributed to the past two re-election campaigns of Congressman
>>> James
>>> Traficant, an analysis of Federal Election Commission records
>>> reveals. These
>>> records, which are required filings under Federal Election law,
>>> reveal 219
>>> donations by individuals and 212 donations by Unions and Political
>>> Action
>>> Committees. 47 of the personal contributions came from outside the
>>> State of
>>> Ohio, with 35 of those from the State of Virginia. 38 are from
>>> individuals that
>>> indicate a Middle Eastern background of the contributor. Among
>>> the
>>> contributors whose names would probably be recognized by most
>>> Youngstown
>>> residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>> Russell
>>> Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>> and Gerald
>>> Bostocky. Among the contributors whose names would probably NOT
>>> be
>>> recognized by most Youngstown residents are Virginia residents Ali
>>> Asghar
>>> Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>> Javad
>>> Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>> Georgia
>>> resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>> Hessein
>>> Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>> Mahmoud
>>> Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>> a former
>>> investigator for the District Attorney's office in Youngstown, was
>>> indicted last
>>> December on charges he bribed Judges to fix Court cases. Ed
>>> Flask accepted
>>> a plea bargain last year in which he pleaded guilty to felony
>>> charges in regards
>>> to his rip-off of nearly $2 million while running the public water
>>> utility in
>>> Youngstown. Flask first received notoriety during the 1983 Federal
>>> bribery trial
>>> of then-Sheriff James Traficant, when it was revealed that Cleveland
>>> Mafia
>>> associate Charlie "The Crab" Carabbia had secretly tape recorded
>>> Traficant
>>> bragging about how he laundered through Flask's law office part of
>>> the $163,000
>>> in bribe money he accepted from the Mafia. Those same tapes revealed
>>> that
>>> Carabbia was blackmailing Flask with "compromising photographs of
>>> Flask which
>>> would ensure his silence!" Just days later, Carabbia was abducted
>>> and murdered.
>>> B & T Express employee Sam Traficanti was present during some of the
>>> secret tape
>>> -recorded meetings between the Carabbia brothers and Sheriff-elect
>>> Traficant,
>>> but was not charged. Two of Traficanti's fellow employees at B & T
>>> Express also
>>> donated to Traficant's campaign records show. Traficanti is not
>>> related to
>>> Congressman Traficant. Last September, the Congressman's employee
>>> Anthony
>>> Traficanti was subpoenaed by the Federal Grand Jury in
>>> Cleveland.
>>> Congressman Traficant has also received campaign contributions from
>>> Youngstown
>>> resident Walter Terlecki. In recent months, Congressman Traficant
>>> has entered
>>> into the Congressional Record sworn affidavits by Michael "Beef"
>>> Terlecky, a
>>> former Mahoning County Deputy Sheriff who was convicted of taking
>>> bribes from
>>> the Mafia. Terlecky now claims that he was set up by some of the
>>> same
>>> authorities that are now involved in the investigation of
>>> Congressman Traficant,
>>> including two public figures who attended an anti-Mafia summit
>>> meeting recently
>>> in Palermo, Sicily. The Congressman has denied a request by the
>>> chairman of the
>>> Mahoning County Board of Elections who is seeking information the
>>> Congressman
>>> claims to have regarding Mafia bribes to the campaigns of elected
>>> officials in
>>> Youngstown. Terlecky also claims that it was he who found the
>>> infamous
>>> Carabbia tapes months before the FBI during an illegal search and
>>> seizure
>>> regarding an investigation into the murder of yet another Youngstown
>>> Mafia
>>> figure, Joe DeRose. However, conversations on the Carabbia tapes
>>> that include
>>> remarks made by Sam Traficanti clearly indicate that the tapes were
>>> recorded
>>> months later than Terlecky's claims, when Traficant had just been
>>> elected
>>> Sheriff. Congressman Traficant is also now claiming that an FBI
>>> agent in
>>> Youngstown was taking bribes from the Mafia 38 years ago in
>>> 1962. During
>>> the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>> fireworks
>>> distributor Bruce Zoldan testified that Chance shook him down
>>> for `tribute
>>> money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>> in with
>>> Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>> raided Zoldan's
>>> fireworks business two days before their busiest moneymaking period,
>>> the Fourth
>>> of July. Zoldan would also testify that the Gambino Family led by
>>> John Gotti
>>> extorted a huge sum of money from him in order to do business in New
>>> York. The
>>> murder of Mafia figure Joey Naples, who was among those who
>>> contributed to the
>>> $163,000 bribe to Traficant, is believed to be a result of the fight
>>> for control
>>> of the fireworks business. David Sugar pleaded guilty last year
>>> to
>>> Obstruction of Justice charges in regards to his attempts to conceal
>>> evidence
>>> from the Grand Jury in Cleveland investigating financial dealings
>>> between Sugar,
>>> his construction company, and Congressman Traficant. Sugar is
>>> expected to
>>> testify against Traficant at any future criminal proceedings, as is
>>> Traficant's
>>> former employee on his horse farm, Clarence Broad. In November of
>>> last year,
>>> Broad pleaded guilty to charges he tried to hire a hitman to murder
>>> a woman who
>>> was expected to give damaging testimony against Traficant before the
>>> Grand Jury
>>> in Cleveland. Criminal attorney Mark Colucci, who also is among
>>> those who have
>>> given money to Traficant's campaign, responded by alleging in
>>> Federal Court that
>>> Prosecutor Craig Morford had used coercion to force Broad to plead
>>> guilty. Judge
>>> Donald Nugent was not impressed with Colucci's unsubstantiated
>>> claims and
>>> threatened to cite Colucci for Contempt of Court. In 1998 and
>>> 2000
>>> Traficant accepted donations from controversial activist James
>>> Zogby, President
>>> of the Arab American Institute. Zogby was recently in the news last
>>> October,
>>> when his appointment as an Advisor to the Al Gore campaign sparked
>>> outrage
>>> worldwide among supporters of Israel. The Jerusalem Post quoted
>>> terrorism expert
>>> Steven Emerson: "Zogby has not only made comments that are
>>> incendiary but he has
>>> also made comments that are anti-Semitic!" "(Zogby has) openly
>>> supported the
>>> Hizbullah!" Emerson is renown for his investigation of the terrorist
>>> bombing of
>>> Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>> December, 1988,
>>> killing 270 people, including 35 Syracuse University students.
>>> On June 29,
>>> 1993, Senator John McCain entered into the Congressional Record a
>>> public
>>> challenge to the FBI and the Justice Department to share information
>>> on the
>>> People's Mujahidin Organization of Iran, a suspected terrorist
>>> organization that
>>> was involved in a clandestine effort to influence public policy
>>> through an
>>> organized campaign of directing contributions to the campaigns of
>>> selected
>>> members of Congress. Said the Senator: "Given the charges made in a
>>> previous FBI
>>> report that the PMOI has a history of terrorism, an anti-Western
>>> ideology, and
>>> ties to the regime of Saddam Hussein, this should be a matter of
>>> concern to all
>>> Members." In 1997 The Iran Report, a publication of the Middle
>>> East Data
>>> Project, identified four members of Congress as recipients of
>>> campaign donations
>>> from alleged associates of the PMOI. Those four were Robert
>>> Torricelli of New
>>> Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>> Traficant of
>>> Ohio. To date, none of these individuals have been charged with
>>> making illegal
>>> campaign contributions. However, Senator Torricelli is currently in
>>> the news
>>> defending himself against a Chinese fundraiser named David Chang,
>>> who has
>>> pleaded guilty to illegally contributing $53,000 to Torricelli's
>>> 1996 campaign.
>>> Numerous recent Media reports show that the Feds are now nearing the
>>> conclusion
>>> of an investigation that began with reports of impropriety regarding
>>> contributions to Torricelli's 1996 campaign. Congressman
>>> Traficant has
>>> developed a huge following in the Arab and Muslim countries in the
>>> Middle East
>>> because of his passionate public support for accused terrorists
>>> Abdel Basset Ali
>>> Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>> bombing of Pan Am
>>> Flight 103, and former auto worker John Demjanjuk, who was placed on
>>> trial in
>>> Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>> camp guard
>>> responsible for the murders of thousands of Jews during World War
>>> II. Demjanjuk
>>> was convicted and sentenced to death, although the Israeli Supreme
>>> Court later
>>> reversed his conviction. Congressman Traficant then flew to Israel
>>> to personally
>>> escort the accused murderer back to the United States. In the
>>> case of the
>>> terrorist bombing of Pan Am Flight 103, Traficant first went public
>>> in this
>>> matter at a press conference in 1989, at which he claimed that the
>>> bombing was
>>> the result of a joint Syrian/CIA operation. ABC News London
>>> correspondent Pierre
>>> Salinger then picked up the story, utilizing Traficant, government
>>> informant
>>> Lester Coleman, and private investigator Juval Aviv as his sources.
>>> Coleman
>>> later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>> story was a
>>> hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>> fraud
>>> charges unrelated to the Pan Am case. He was acquitted. Upon
>>> Aviv's
>>> indictment Congressman Traficant found a replacement in Boris de
>>> Korczak as his
>>> lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>> is best known
>>> for the lawsuit he filed in 1996 against the CIA in which he claimed
>>> he had been
>>> recruited by the CIA as a double agent against the KGB, that
>>> his `cover' had
>>> been blown by a drunken U. S. official which resulted in a shoot-out
>>> with the
>>> KGB during a car chase through the streets of Copenhagen, and that
>>> his CIA case
>>> Officer extorted from him a bribe of Russian Medieval icons worth
>>> $300,000 in
>>> exchange for the promise of help in obtaining the pension he claimed
>>> was owed
>>> him. Boris claims he turned over the bribe, only to be shot in the
>>> kidney 4
>>> months later by an unknown assailant armed with a pellet gun. The
>>> CIA denied
>>> Boris' claims he was owed monetary compensation and also denied any
>>> of its
>>> employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>> and the
>>> decision was upheld on Appeal. Despite the efforts of Traficant
>>> and his
>>> associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>> Al-Megrahi
>>> was recently convicted as the terrorist who planted the bomb that
>>> destroyed Pan
>>> Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>> addition to
>>> receiving campaign money from convicted Mafia figures and Middle
>>> Eastern
>>> political operatives, FEC documents also detail contributions made
>>> to
>>> Traficant's campaign from Unions that have been involved in
>>> corruption scandals
>>> in recent years. Those Unions include the American Federation of
>>> State, County,
>>> & Municipal Employees, the Communications Workers of America, the
>>> Transport
>>> Workers Union, and the UFCW. Traficant has also received
>>> donations from the
>>> Italian-American Democratic Leadership Council, the Al Gore for
>>> President
>>> campaign, and the National Education Association Fund for Children
>>> and Public
>>> Education. Ironic is the $12,000 donated to Traficant by the
>>> Association of
>>> Trial Lawyers, as Traficant is one of the few people without a law
>>> degree to
>>> have ever beaten a Federal racketeering trial by acting as his own
>>> attorney.
>>> When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>> confession
>>> after agents played for him excerpts from the Carabbia tapes.
>>> Traficant then
>>> hired one of the best attorneys in the business, Carmen Policy, Ed
>>> Flask's
>>> partner, who is today the President of the Cleveland Browns
>>> professional
>>> football team. However, after Traficant went public with charges
>>> that just about
>>> every public official in Youngstown was involved with the Mafia,
>>> Policy dumped
>>> Traficant as his client. Traficant then made a bold - and some would
>>> say insane
>>> - decision to renounce his confession and stand trial, acting as his
>>> own
>>> attorney. Traficant explained to the jury that he only accepted the
>>> Mafia bribe
>>> money so he would know whom to arrest for corruption once elected
>>> Sheriff. After
>>> four days of deliberations, the jury returned a verdict that stunned
>>> the
>>> Prosecutors and journalists that covered the trial; Not Guilty.
>>> Traficant then
>>> turned the publicity over his acquittal to his advantage and was
>>> elected to
>>> Congress in 1984. However, three years later he was again in Court,
>>> facing civil
>>> charges that he owed taxes on the $163,000 in Mafia bribes.
>>> Representing him was
>>> attorney George Alexander, who has since been convicted of
>>> racketeering with the
>>> Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>> civil trial
>>> and ordered to pay back taxes, fines, and interest. For many
>>> months now,
>>> Traficant has been predicting during public appearances that he
>>> expects to be
>>> indicted - again - by the Federal authorities in Cleveland who have
>>> to date
>>> convicted over 70 public officials, many of whom are associates of
>>> the
>>> Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>> JAMESDE@prodigy.net.
>>>
>>> source: http://www.americanmafia.com/Feature_Articles_121.html
>>> above material appeared in
>>> Politics and Bedfellows An Age Old Story Told Once Again
>>> just Google that title to read the rest of the material
>>>
>>> material below is from:
>>> http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>> The RICO Trusteeships after Twenty Years: A Progress Report
>>> United States v. Local 30, United Slate Tile and Composition Roofers,
>>> No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>> and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>> 90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>> other unions, such as the Union of Painters and Allied Trades,
>>> International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>> 9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>> (Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>> Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>> (Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>> F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>> (1978).
>>> 19. See infra Table II.
>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>> No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>> 1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>> States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>> http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>
>>> material below appeared at
>>> http://www.fhwa.dot.gov/policy/hl95mar.htm
>>> Fuel Tax Evasion Highlights, March 1995
>>> Volume 4, Number 1 March 1995
>>>
>>> --------------------------------------------------------------------------------
>>> IN THE NEWS
>>> Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>> 1980's who turned government informant and was subsequently booted out
>>> of the witness protection program and is now wanted by Texas
>>> officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>> Marat Balagula pled guilty to conspiring to evade $85 million in
>>> federal gasoline taxes on nearly one billion gallons of fuel sold in
>>> the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>> before he and 7 others were to begin trial. Balagula is already
>>> serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>> A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>> their role in the scheme. On Nov. 4, John Barberio was the last to
>>> plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>> defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>> Dept. of Justice Press Release, 11/4/94
>>> Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>> a diesel conspiracy that resulted in a federal tax loss of over
>>> $88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>> Slusker, using the alias Semyan Altman and doing business as Accurate
>>> Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>> gallons of untaxed diesel fuel which was then sold to numerous truck
>>> stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>> pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>> Investigation Div. and the Ohio Dept. of Taxation investigated the
>>> case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>> Columbus Dispatch, 12/24/94
>>> The worldwide activities of Russian organized crime and its ability to
>>> bilk companies, governments and individuals out of billions of dollars
>>> through sophisticated fraud and theft schemes is described in two
>>> recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>> 6/94
>>> The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>> C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>> during 1990. At the time, Gedig was president of United Petroleum,
>>> Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>> State Journal, 11/1/94
>>> The work of Charles Hurchalla in helping to expose a massive fuel tax
>>> scam masterminded by the Russian mob and involving the La Cosa Nostra
>>> is described in a recent article. Philadelphia Magazine, 10/94
>>> Court documents filed by federal authorities in NJ name John Gotti as
>>> an unindicted co-conspirator in organized crime efforts to dominate
>>> the bootleg motor fuel industry in the NY metropolitan area. The
>>> disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>> allegedly a capo in the Gambino crime family, and Gregory Federico,
>>> owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>> Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>> charges growing out of the Operation Red Daisy investigation conducted
>>> jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>> Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>> 12/16/94
>>> Jerry Radney owner of Cody's, a fuel distribution service, and
>>> Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>> and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>> Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>> conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>> from 1989-1991. According to the indictment, Renner, Meyer and
>>> Denniston set up a phony Greek Shipping company called Halcoussis
>>> Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>> caused Southern States to purchase truckloads and bargeloads of tax-
>>> free diesel fuel and used transformer oil from suppliers and utility
>>> companies using false documents showing the fuel was destined for
>>> Halcoussis. Allegedly Southern States then delivered the blended fuel
>>> to Cody's which in turn sold it to retailers throughout the Southeast
>>> at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>> Week, 5/30/94;
>>> Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>> convicted in a motor fuel scheme which defrauded the State of Texas in
>>> excess of $475,000. Press Release, Travis County D.A.
>>> The State of Maryland filed tax assessments of over $300,000 against
>>> two trucking companies and a fuel oil distribution firm for using home
>>> heating oil in trucks. Six other companies are expected to receive
>>> assessments. The assessments stem from a joint investigation by the MD
>>> Comptroller's Office and the EPA. The EPA notice of violation listed
>>> Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>> Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>> Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>> and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>> investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>> 6/20/94; Washington Times, 6/10/94
>>> Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>> pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>> Star, 1/14/95
>>> Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>> dollars annually in local option fuel taxes. Jacksonville Times-Union
>>> Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>> to 54 criminal counts, including failing to pay more than $24 million
>>> in CA taxes, illegally disposing of hazardous waste, and selling
>>> substandard gas in connection with their 200 gas stations. Under a
>>> plea agreement they are to be sentenced to no less than 5 nor more
>>> than 8 years in State prison. The amount of restitution could be as
>>> much as $800 million. The Lazars operated California Target
>>> Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>> Service Stations, and Challenge Marketing. The firms are pending
>>> trial, as are attorney Douglas T. Richardson and accountants Neil
>>> Balzar and Mario Rene Solares. The investigation was conducted by the
>>> L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>> of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>> of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>> the CA Air Resources Board. News Release, L.A. District Attorney,
>>> 9/26/94; L.A. Times, 9/27/94
>>> Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>> District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>> pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>> evading $570,000 between March and June, 1992. Operating as "Eurika
>>> Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>> free using fraudulent documents. They have agreed to pay nearly $2
>>> million in restitution. Maximum sentences are 5 years in prison and a
>>> $250,000 fine. Justice Dept. News Release, 10/18/94
>>> FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>> Revenue Department special agents who are trained in investigating
>>> fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>> TX)
>>> DYED DIESEL ENFORCEMENT
>>> Truckers are warned not to run on red diesel and urged to do visual
>>> checks when refueling.
>>> Transport Topics, 10/24/94
>>> The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>> and the State Tax Commission joined with the IRS in "Operation Red
>>> Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>> 11/7/94
>>> On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>> and showing on-road dyed diesel enforcement in North Carolina.
>>> WANT TO KNOW MORE?
>>> For more information or updates to the mailing list, call Linda
>>> Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>> 20590.
>>> FAX back address corrections or additions to: 202-366-7696
>>>
>>
>>I agree completely with that one part about that one guy
>>who said something about something or other.
>>
>>Discuss!
>
>I'm proud to be a union man. I pay my dues when I can... yeah.

Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
to chat with you anyway, you know, just to "see how the other half
live," and all. Anyway, what's up?

 

[??? rrock]

J. Raoul Xemblinosky wrote:

> On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
> wrote:
>
>
>>
>>reallyveryradical wrote:
>>
>>
>>>Can We Stop The Demobrocrats
>>>
>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>primary, as the campaigns of 2008 presidential candidates seek
>>>endorsements from the major labor federations and member unions.
>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>Obama has an economics speech in New York City in the morning and
>>>Clinton delivers her plan to deliver universal health care coverage in
>>>Iowa.
>>>
>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>attend"
>>>above from
>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>
>>>In the Matter of Alan D. Wasserman
>>>
>>>Laborers' International Union of North America
>>>Independent Hearing Officer
>>>Docket No. 97-57D
>>>Decided October 7, 1998
>>>Order and Memorandum
>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>matter is discussed below in detail.
>>>This matter comes before the Laborers' International Union of North
>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>Specifically, Wasserman is charged with knowingly associating with a
>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>labor payoffs from contractors, offering to allow employers to pay
>>>LIUNA members less than union-scale wages and benefits, and
>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>client was depressed and unable to assist him in his defense. In
>>>support, Gold presented a letter of a medical doctor who stated that
>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>such a disorder rendered him unable to assist in his defense but
>>>merely indicated that Wasserman's ability to testify was impaired.
>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>defense. I decided to proceed with the hearing but told Gold that if
>>>he desired an additional session to present new evidence based on the
>>>cooperation of his client, he should inform me and a hearing would be
>>>arranged.
>>>At the conclusion of the hearing, I instructed both parties to inform
>>>me by June 15, 1998, whether they wished the record to remain open
>>>pending the submission of additional evidence. The parties were also
>>>instructed to submit post-hearing briefs three weeks following June
>>>15, 1998. I stated "You have until June 15th to let me know what
>>>other plans you have, whether to close or keep the record open."
>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>original and one copy of all exhibits presented at the May 27, 1998
>>>hearing. Wasserman filed no response to the motion to admit the
>>>confidential witness testimony.
>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>communication with my office. Attorney Gold made no effort to contact
>>>my office regarding his client's mental status or his intention to
>>>offer any additional evidence. I filed the August 28 Order which
>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>Gold by letter to my office complained of not having had an
>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>letter was Wasserman's first contact with my office in over three
>>>months. I issued an Order placing the August 28 Order in suspense and
>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>September 4, 1998. I permitted both parties to file written
>>>objections and conclusions to the proposed order with arguments to
>>>support their conclusions. I clearly stated that objections and
>>>arguments were to be filed by September 28, 1998. Despite the
>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>indicating he wished to discuss a timetable for the completion of
>>>evidence after October 1, 1998, including the possibility of having
>>>his client testify. I denied Gold's request to hold the record open
>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>1998, to file objections to the August 28 Order. I also requested
>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>asserted that Wasserman was able to appear and testify; however, he
>>>did not submit any proposed testimony by Wasserman as requested. I
>>>find that there is no credible evidence that Wasserman ever intended
>>>to appear.
>>>Qualification Of Expert Witnesses
>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>("Schaffler") as expert witnesses.
>>>Jack Elko
>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>of those years, Elko specialized in organized crime investigations for
>>>the Division of Criminal Justice of the Office of the Attorney General
>>>of New Jersey. Id. Prior to his employment with the Division of
>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>County in Morristown, New Jersey. He attended numerous service
>>>schools, including the New Jersey State Police Academy, courses
>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>Elko testified in this proceeding as an expert in the make-up and
>>>structure of organized crime, specifically in the Newark area. This
>>>technique has been accepted in similar union disciplinary matters.
>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>Elko used tested and accepted investigative techniques to verify the
>>>credibility of the individuals whose information he related at the
>>>hearing. Elko testified as to information and hearsay statements of
>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>weight to hearsay declarations of three LCN members that were related
>>>by an FBI agent. The court used a number of factors to evaluate the
>>>reliability of the statements. The court noted that the statements
>>>corroborated each other in crucial respects, the reports painted a
>>>consistent picture of the relationship of the individuals and the
>>>statements matched the FBI agent's declaration in the subject matter.
>>>Id. The court held that these declarations constituted relevant
>>>evidence that a reasonable mind might accept on the subject of
>>>association with organized crime. Id.
>>>I find that Elko is a qualified witness, expert in organized crime
>>>matters, and his testimony, in conformance with accepted investigative
>>>techniques, is reliable.
>>>Elko related information given to him by five named individuals
>>>described below, three of whom have cooperated with federal
>>>authorities and two of whom are law enforcement officers.
>>>Rocco Cagno
>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>109. Cagno became a made member in 1987; thereafter, he was
>>>incarcerated. The record does not reflect the reason for his
>>>incarceration.
>>>He was released from prison in 1990 and his movements were monitored
>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>required to gain employment. He became employed by Local 342 through
>>>the influence of Colombo family members and Anthony Proto, who was
>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>to speak with Cagno in October 1997 concerning the various organized
>>>crime affiliations within Local 342. Tr. 109.
>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>both made members of the Lucchese organized crime family and are also
>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>been the acting boss of the New Jersey faction of the Lucchese
>>>family. Id.
>>>Steve Montgomery and Lt. Dennis Masucci
>>>Elko also based his opinion on information supplied to him by two law
>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>information provided by Masucci is based upon confidential informant
>>>sources proven reliable in the past, who gave Masucci information
>>>which resulted in the arrest of organized crime members, including
>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>Montgomery's information is also based on his personal investigation
>>>and confidential sources.
>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>each other and by the information supplied by Masucci and
>>>Montgomery.
>>>Jeffrey Schaffler
>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>He spent his last years as a special agent with the Office of Labor
>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>an assistant special agent in charge of a DOL investigation office.
>>>Id. Schaffler is currently under contract to the Office of the
>>>Inspector General of the Port Authority of New York and New Jersey.
>>>His duties involve investigation of contractors who do business with
>>>the Port Authority, the operation of construction projects, the manner
>>>in which construction bids are made, contract fraud and wage and hour
>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>capacity of an expert in the labor field.
>>>I find that Schaffler is a qualified expert witness in the labor
>>>field.
>>>Findings of Fact
>>>Structure of Organized Crime
>>>1. The LCN is a tightly structured
>>>criminal organization which operates in various cities throughout the
>>>United States. It is in the business of crime for a profit.[1]
>>>2. The LCN is comprised of groups of individuals organized into
>>>entities called families. Tr. 105.
>>>3. A typical LCN family structure consists of the head (the
>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>activities of LCN members and their associates. LCN members within a
>>>family operate in small groups called "crews" which are headed by men
>>>called "capos" or "crew bosses." Tr. 106.
>>>4. A "made member" is an individual within an LCN family who
>>>has undergone an initiation process and sworn allegiance to that
>>>family putting the family above everything else. Tr. 106. See also
>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>5. An "associate" is an individual who works under a capo and
>>>assists made members, but who has not been formally initiated into the
>>>family. Tr. 106. An associate may either earn his living by
>>>performing illegal acts on behalf of an LCN family or he may have an
>>>ostensibly legitimate job while at the same time assisting a
>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>129-30.
>>>6. Both members and associates engage in activities which bring
>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>associate could only become a made member by participating in the
>>>murder of an individual. In more recent times, an associate may
>>>become a made member based upon the benefits he is able to produce for
>>>that family, such as earning large sums of money or exercising
>>>influence in business or politics. Tr. 106-07.
>>>7. A number of LCN families are located in the New York/New
>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>The LCN's History Of Control Over Local 342
>>>8. The evidence presented during the hearing establishes by a
>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>been subject to LCN control for many years.
>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>crime families have shared control of Local 342. Tr. 110. The two
>>>families shared illegal profits from contractors within their
>>>jurisdiction by soliciting money for labor peace and outright
>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>families were placed on the labor payroll with various contractors
>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>families later shifted to an arrangement where the Colombo family
>>>received preferential treatment for placement of workers at particular
>>>contract sites, but no longer shared in racketeering labor profits.
>>>Tr. 111-12.
>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>to the present, the Task Force and other law enforcement entities have
>>>documented the Gambino family infiltration of Local 342. Id.
>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>family in New York. After Castellano's murder in December 1985, he
>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>of Local 342 for several years prior to the Task Force's creation in
>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>for racketeering. Tr. 138.
>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>made member of the Gambino family. Tr. 117, 133.
>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>month for permission to park the vendor's vehicle on a particular
>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>with a sledgehammer. Id. The police responded and, after a period of
>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>approval, the charges were downgraded to simple assault, not pursued,
>>>and the vendor immediately left New Jersey and moved to South
>>>Carolina. Id.
>>>15. At the time of the assault, Andrade was a shop steward of
>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>time was an employee of Local 342. Id.
>>>16. In 1987, the Task Force launched an investigation into
>>>organized crime influence in New Jersey. The investigation employed
>>>court authorized electronic surveillance and other investigative
>>>techniques. The investigation resulted in the indictment of numerous
>>>Gambino family members for labor racketeering in New Jersey, one of
>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>James Proto with his duties. Tr. 134.
>>>18. While Andrade was Business Agent and James Proto was Business
>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>147.
>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>family in Staten Island, New York. Vallaro's father was a made member
>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>Following the 1993 convictions of other Gambino family members,
>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>20. At the time of his move, Vallaro was unknown to law
>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>presence and involvement in the LCN through electronic surveillance
>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>information about Vallero which Elko obtained from the surveillance
>>>was verified by Cagno. Tr. 136.
>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>and responsible for the New Jersey area, including all the Gambino
>>>family members and associates within Local 342. Tr. 109, 113.
>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>testified that he learned this fact from intelligence sources,
>>>discussions with Cagno and interviews with other organized crime
>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>23. After Proto's incarceration, Cagno became concerned about the
>>>distribution of money and work for the Colombo family members within
>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>York City Colombo family. Id. Cagno was approached within the next
>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>24. Cagno and Juicy DiModica, as representatives of their
>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>DiModica and the Gambino family. Tr. 114.
>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>labor issues and Local 342. Id.
>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>Bisaccia were intercepted and monitored. Id.
>>>27. In April 1994, a conversation was intercepted between Joseph
>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>not making any money for them and that they would be broke in two
>>>months. Elko testified that he understood this conversation to mean
>>>that James Proto was not being forceful enough in extracting money
>>>from contractors for Local 342. Id.
>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>conversation, James Proto remained Business Manager of Local 342 for
>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>Id.
>>>VHR Construction
>>>Charge I:
>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>an act of racketeering, in that Wasserman did request and demand money
>>>or a thing of value from VHR Construction, an employer engaged in an
>>>industry affecting interstate commerce, when Wasserman asked for a
>>>payoff in form of a "Christmas gift" while being a Union member and
>>>representative (29 U.S.C. ?186(b)(1)).
>>>Charge II:
>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>employer while being a Union member and representative, in violation
>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>Practices Code.
>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>a contractor who desired confidentiality had alleged that Wasserman
>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>Newark International Airport, and had caused the contractor's
>>>equipment to be damaged. The contractor stated specifically that one
>>>piece of equipment was filled with concrete and another piece was
>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>pure hearsay, the specificity of the description of the damage is
>>>corroborated later in interviews with a company official.
>>>30. The IG sent investigators to Newark to verify the
>>>allegations. Id.
>>>31. VHR Construction was a general contractor at the Newark
>>>Airport and signatory to a collective bargaining agreement with Local
>>>342. Tr. 21, 23.
>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>Construction. Tr. 21.
>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>company was not the victim of the equipment damage, but he had heard
>>>about the incident. Tr. 22.
>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>35. Wortman said that he and his staff had threatened to dock
>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>Wortman's office to discuss the issue during the weeks before
>>>Christmas of 1995. Id.
>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>was also a member but not an officer or even a steward of Local 342.
>>>Tr. 28-29.
>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>record is silent as to Wasserman's participation in the request.
>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>to the meeting to make the request and fully approved of the demand.
>>>38. At the hearing in the instant matter, Schaffler testified
>>>that, in his expert opinion of the construction industry, labor
>>>payoffs are usually made at Christmastime or at the beginning of the
>>>summer or late spring. Tr. 167.
>>>39. It was also Schaffler's expert opinion, based on his
>>>experience, James DiModica's request for a Christmas gift was the
>>>solicitation of a bribe. Tr. 165. I find that under the
>>>circumstances all parties understood that the meaning of the request
>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>that Wortman's testimony was corroborated by other testimony, and is
>>>reliable.
>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>the matter of his pay being docked for continually leaving the job.
>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>weight since Wasserman and Wortman entered into an agreement settling
>>>the matter.
>>>
>>>
>>>B.J. McGlone & Co. Inc.
>>>Charge III:
>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>an act of racketeering, in that Wasserman did request and demand money
>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>in an industry affecting interstate commerce, when he demanded labor
>>>payoffs from an employer while being a Union member and representative
>>>(29 U.S.C. ?186(b)(1)).
>>>Charge IV:
>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>employer and offered to allow that employer to use non-Union labor or
>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>so doing violated his obligation as a member of the Union to refrain
>>>from interfering with the proper conduct of Union business, in
>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>Constitution and the "Business and Financial Activities of Union
>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>of the LIUNA Ethical Practices Code
>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>which provides fireproof material and services. Tr. 47. McGlone
>>>performed and worked at the Newark Airport job site in 1994.
>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>who was involved in managing one of the job sites at the Newark
>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>name would not be repeated to anyone outside of the interview.
>>>Although he requested anonymity, the record is clear that he was an
>>>officer of McGlone, that he was involved in the operation of the site,
>>>and that he dealt with Wasserman. The probative value of this
>>>testimony will be discussed below.
>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>55.
>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>conversation about placing safety equipment on the job site. The
>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>company did not install the equipment and the job commenced. Id.
>>>45. Two pieces of equipment were subsequently damaged at the job
>>>site. Id. One spray machine was filled with concrete and another was
>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>170. This description corroborates the description of the damage in
>>>the anonymous report made to the IG.
>>>46. Schaffler testified that it is common practice when a company
>>>does not comply with demands for payoffs from LCN controlled unions,
>>>the union may resort to intimidation methods to frighten the company
>>>officials. Id. A common method is to damage equipment. Id.
>>>47. The officer subsequently had a conversation with Wasserman in
>>>which the officer told Wasserman the equipment was damaged and said
>>>"this is not the way for you to put your people to work." Tr. 53.
>>>Wasserman made no reply to this accusation and requested a meeting.
>>>Tr. 54
>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>without interference and the company need only pay the workers enough
>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>was not his decision to pay the money and that he would have to refer
>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>money was paid.
>>>49. Schaffler testified that he was familiar with the terms "give
>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>workers enough for them to buy a ham sandwich," under the
>>>circumstances, meant the workers could be paid a moderate amount for
>>>work completed, but the company would not have to adhere to all terms
>>>of the collective bargaining agreement, including paying fringe
>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>James DiModica would take responsibility for handling any complaints
>>>from the workers. Id.
>>>50. Attorney Gold argues that the testimony of the McGlone
>>>official is not credible. Gold states that the official is biased
>>>against Wasserman because Wasserman came to the meeting to discuss
>>>legitimate safety issues at McGlone, and the official was upset at
>>>being confronted with safety violations. This argument has little
>>>weight because substantial damage had been done to McGlone's
>>>equipment. It would be more cost effective for McGlone to address
>>>legitimate safety issues than to damage its own equipment and blame
>>>Wasserman. I find the official's representation of the events to be
>>>credible, and corroborated by other evidence. See the Discussion,
>>>infra.
>>>E & S Construction
>>>Charge V:
>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>an act of racketeering in that Wasserman did request and demand money
>>>or a thing of value from E&S Construction, an employer engaged in an
>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>from an employer while being a Union member and representative (29
>>>U.S.C. ?186(b)(1)).
>>>Charge VI:
>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>an employer and offered to allow that employer to use non-Union labor
>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>in so doing violated his obligation as a member of the Union to
>>>refrain from interfering with the proper conduct of Union business, in
>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>Constitution and the "Business and Financial Activities of Union
>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>of the LIUNA Ethical Practices Code.
>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>contacted the LIUNA New Jersey regional office concerning an
>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>shortly thereafter. Id.
>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>could not work as a laborer, he formed his own construction company.
>>>Id.
>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>9 in New Jersey. Id.
>>>54. In the same month, Taylor received a call from Wasserman who
>>>identified himself as a representative from Local 342 and requested a
>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>55. The following day, Wasserman arrived at Taylor's job site
>>>accompanied with an individual Taylor later identified as James
>>>DiModica. Id.
>>>56. At the start of the meeting, James DiModica stated that he had
>>>just gotten out of jail. Tr. 60.
>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>at the Newark Airport with the Brown Matthews Company, and he
>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>58. Taylor replied that at the time he had three full-time workers
>>>with his company and the workload was just enough for those three
>>>workers. Taylor said if his workload increased he would definitely
>>>call the Local 342 hiring hall for laborers. Id.
>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>use them because he had to use Local 342 members. Id.
>>>60. Wasserman then made a motion with one of his hands indicating
>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>$5,000. Id.
>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>the workers any benefits. Id. Taylor understood this to mean that
>>>the various fringe benefits, pension annuity, and medical benefits
>>>required by the collective bargaining agreement would not have to be
>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>Wasserman would make him put up a bond for the benefits at his job
>>>site. Tr. 59.
>>>63. Towards the end of the meeting, James DiModica made a
>>>statement to Taylor that "we have connections, we'll get you paid
>>>faster." Tr. 60.
>>>64. Subsequently, Taylor positively identified James DiModica from
>>>photographs shown to him by IG Inspectors. Id.
>>>65. I find that there was no reason for James DiModica, who had no
>>>official union position, to accompany Wasserman to Wasserman's
>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>DiModica visits to the contractors appears, under these circumstances,
>>>to be a joint venture in extortion.
>>>66. The statements of Taylor as to what the demands meant and the
>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>extortionate practices are credible and well founded.
>>>67. Attorney Gold contends that the appearance of James DiModica
>>>with Wasserman where money was solicited from employers was not in
>>>itself improper. Gold argues that DiModica might have been a shop
>>>steward on at least one of the jobs, and his appearance on any of the
>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>associate of organized crime. On one occasion he suddenly requested a
>>>Christmas gift from the employer and on another he began the
>>>conversation by informing the employer that he had just been released
>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>serve the purpose of intimidating the contractor.
>>>68. Attorney Gold also contends that since none of the complaining
>>>persons ever alleged that as a result of denying payoffs they suffered
>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>go unpunished. There is no evidence to indicate whether or not the
>>>payments were made. The record is silent on that matter; however,
>>>there is evidence that equipment at McGlone was heavily damaged after
>>>McGlone refused to install the requested safety apparatus.
>>>Knowing Association With The LCN
>>>Charge VII:
>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>associating with La Cosa Nostra crime family members or associates,
>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>crime family and James DiModica, an associate of the Gambino crime
>>>family.
>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>Jersey for approximately ten years.
>>>70. At the time of the hearing in this matter, Wasserman was the
>>>Business Manager of Local 342. He was appointed by the Executive
>>>Board to succeed James Proto. Wasserman has also served in the
>>>positions of field representative and a shop steward of Local 342.
>>>71. The GEB Attorney offered the history of Local 342 described
>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>as evidence of Wasserman's associations with the Gambino family.
>>>72. Based upon his years of investigation, including the
>>>aforementioned information in paragraphs 8 through 28, and
>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>concluded that Juicy DiModica is a made member of organized crime and
>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>73. Based upon his information, including direct information from
>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>years of surveillance, Elko concluded that James DiModica is an
>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>74. Based upon direct information from Cagno, information from
>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>123, 129.
>>>Discussion
>>>The IHO must base his decisions on reliable evidence through a review
>>>of what is probative and reliable. Attorney Gold objects to the use
>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>however, reliable hearsay evidence is admissible in labor
>>>arbitrations. Associated Cleaning Consultants and International
>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>evidence has been admitted regularly in union disciplinary proceedings
>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>1990). The test is whether the evidence is reliable. Senese &
>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>389, 402 (1971)).
>>>The testimony of the IG Inspectors regarding statements of contractors
>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>& S Construction are hearsay; however, they demonstrate a similar
>>>pattern, and similar demands were related by three individuals who
>>>have neither bias nor reason to falsify. The individuals knew their
>>>statements would eventually be known when they spoke to the
>>>investigating officials, yet they still exposed themselves to the risk
>>>of voluntary cooperation. One of the individuals initiated contact
>>>with officials. I recognize that one of the individuals has remained
>>>unnamed and, standing alone, his statements would not be probative.
>>>Nonetheless, I give evidentiary weight to his information due to the
>>>striking similarity between the three incidents. The hearsay
>>>statements of the unnamed individual match the hearsay statements of
>>>the named individuals. The statements describe the same modus
>>>operandi, the same labor extortion goals during roughly the same time
>>>period, and involve the same two perpetrators. I find that the
>>>hearsay statements of the contractors corroborate each other and I
>>>find the evidence to be reliable especially given the very similar
>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>hearsay evidence reliable based upon FBI Agent's information being
>>>culled from various sources and the various sources' corroboration of
>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>of factors to evaluate reliability giving evidentiary weight to
>>>hearsay declarations of three LCN members related by FBI agent;
>>>factors included corroborating statements in crucial respects, a
>>>consistent picture of the relationship of the individuals and the
>>>statements matched the FBI agent's declaration in the subject matter).
>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>conduct includes, among others, committing any act of racketeering.
>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>"committing any act of racketeering, as defined in Title 18 of the
>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>U.S.C. ? 1961(a).
>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>and or to receive anything of value from a contractor with whom he has
>>>a collective bargaining agreement:
>>>It shall be unlawful for any person to request, demand, receive, or
>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>of any money or other thing of value prohibited by subsection (a) of
>>>this section.
>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>"giving any money or other thing of value to any labor organization,
>>>or any officer or employee thereof, which represents, seeks to
>>>represent, or would admit to membership, any of the employees of such
>>>employer who are employed in an industry affecting commerce."
>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>believed the request for a gift was an "extortion or a demand." The
>>>argument has no merit; any form of request is prohibited.
>>>Barred conduct also includes "knowingly associating" with members of
>>>an organized crime family such as the LCN, and knowingly allowing an
>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>union member knew the person with whom he or she was associating was a
>>>member or associate of the LCN; (2) the association related directly
>>>or indirectly to the affairs of the union; and (3) the association was
>>>more than fleeting or casual. Id.
>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>Administrator's determination that "'knowing association' can be
>>>inferred from the duration and quality of the association." 745
>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>he was associating were members of organized crime. The individuals
>>>with whom Wasserman dealt were identified as well known members of
>>>organized crime families by three former organized crime members. The
>>>association was not fleeting or casual. Wasserman attended meetings
>>>with contractors accompanied by James DiModica, a known associate of
>>>organized crime, whose presence was not related to the ordinary course
>>>of union business. Wasserman took James DiModica along for his
>>>intimidation factor. Wasserman had to have known James DiModica was
>>>associated with organized crime; there was no other reason for
>>>DiModica to accompany him. A similar conclusion was reached by the
>>>Independent Administrator in Cimino where the Independent
>>>Administrator found that Cimino had to have known of Nicodemo
>>>Scarfo's Philadelphia organized crime ties during their association
>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>use Cimino and the local union to "further his La Cosa Nostra
>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>obviously an illegal joint venture to extort union contractors with
>>>the approval of the Gambino family.
>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>part time no-show shop steward and argued that being a no-show shop
>>>steward is evidence of being associated with organized crime. I do
>>>not find this evidence to be probative of Wasserman's organized crime
>>>association.
>>>Obstruction
>>>Charge IX:
>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>terminating the interview, and thereby obstructing and interfering
>>>with an investigation being conducted by the LIUNA Inspector General's
>>>Office.
>>>Findings of Fact
>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>residence in Union, New Jersey. Tr. 61, 64.
>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>second time at the VHR job site at the Newark Airport to obtain the
>>>additional information about James DiModica. Tr. 64.
>>>77. They met Wasserman as he came out of the security area. The
>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>parking lot area and the IG Inspectors agreed. Id.
>>>78. The IG Inspectors told Wasserman they needed more information
>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>with them and stated he was very concerned that someone had broken
>>>into his house three days after the May 1996 interview with the IG
>>>Inspectors. Tr. 66.
>>>79. Wasserman refused to reply to questions about James DiModica
>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>left the building. Id.
>>>80. Outside the building, IG Inspectors again requested that
>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>66-67.
>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>interview, and thereby obstructed the IG investigation.
>>>CHARGE X
>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>testifying that he had been elected by the general membership to be
>>>the Business Agent for Local 342 despite knowing that the general
>>>membership did not elect him and that he instead was appointed to the
>>>position.
>>>82. I find the fact that Wasserman's statements that he was
>>>elected rather than having been appointed, was not a material fact and
>>>was not in violation of the EPC.
>>>CHARGES XI-IV
>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>testified at his deposition, that he never demanded a Christmas gift
>>>from a contractor, that he never demanded things of value from a
>>>contractor in exchange for labor peace, that he never attempted to
>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>or approached contractors with James DiModica. The preponderance of
>>>the evidence proves that Wasserman did perform all of these acts and
>>>when he was asked about them under oath he denied his participation.
>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>July 8, 1997 deposition that he never knowingly associated with
>>>members or associates of organized crime. See GEB Ex. 1. The
>>>preponderance of the evidence shows he gave false testimony when he
>>>was asked about his connections with organized crime and he denied
>>>them.
>>>Conclusions
>>>1. During the period of time alleged in the charges, Local 342
>>>was dominated by members or associates of the Gambino crime family.
>>>2. There is a preponderance of the evidence that Wasserman
>>>committed barred conduct by requesting money from VHR Construction in
>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>3. There is a preponderance of the evidence that Wasserman
>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>4. There is a preponderance of the evidence that Wasserman
>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>5. There is a preponderance of the evidence that Wasserman
>>>committed barred conduct by demanding money in exchange for labor
>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>and the EPC.
>>>6. There is a preponderance of the evidence that Wasserman
>>>committed barred conduct by offering to allow E & S Construction to
>>>pay LIUNA members less than union-scale wages and benefits in
>>>violation of 186 ' (b)(1) and the EPC.
>>>7. There is a preponderance of the evidence that Vincent
>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>is an associate of the Gambino family.
>>>8. There is a preponderance of the evidence that Wasserman
>>>knowingly associated with members of organized crime, thereby
>>>committing barred conduct under the EDP.
>>>9. The evidence clearly demonstrates that Wasserman's
>>>associations with organized crime directly affected the affairs of the
>>>union. Wasserman took a known LCN associate on his visits to
>>>contractors and demanded payments in exchange for labor peace and
>>>permission to use either non-union labor or non-union scale wages and
>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>to extort contractors.
>>>10. There is preponderance of the evidence that Wasserman
>>>committed barred conduct by giving false testimony at his deposition
>>>when questioned about his association with organized crime and his
>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>Construction.
>>>11. Wasserman's statement that he was elected to be a Business
>>>Agent of Local 342, rather than appointed was not a material
>>>misstatement and did not obstruct the GEB Attorney.
>>>Decision
>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>the evidence. Charge X has not been proved by a preponderance of the
>>>evidence.
>>>Penalty
>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>permanently barred from holding an office in or being employed by
>>>Local 342 or from being an officer or being employed by any LIUNA
>>>affiliated entity or fund.
>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>10 days of the date this Order.
>>>Peter F. Vaira
>>>INDEPENDENT HEARING OFFICER
>>>
>>>
>>>--------------------------------------------------------------------------------
>>>
>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>17, 1998).
>>>
>>>
>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>More information. April 3, 2001, Tuesday
>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>restaurants and pizza parlors in New York City and surrounding area;
>>>various reasons cited"
>>>
>>>Hillary Clinton has long masqueraded as a champion of women's
>>>rights, yet the
>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>helping the
>>>rights of women, actually harmed women.
>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>...the West has helped to create the demand, by stationing tens of
>>>thousands of
>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>soldiers and
>>>international workers, but their presence has greatly fuelled the
>>>demand for
>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>which picked up
>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>increased
>>>since the Kosovo war. Finally, the West has helped to create the
>>>link between
>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>Albanian
>>>Mafia which now controls this market. The fact that there is so
>>>much reporting
>>>now on the matter of sex slaves may be an indication that the powers
>>>that be in
>>>the West are beginning to ditch those whom they portrayed during the
>>>spring of
>>>1999 as passive and innocent victims....
>>>
>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>and that a
>>>very large number of prostitutes there are effectively slaves.
>>>Although not all
>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>Albania - it
>>>has been affirmed by one of the leading authorities on prostitution
>>>that they
>>>are kept in captivity. "All the women currently on the streets (of
>>>Italy) are
>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>Romanians and the
>>>women from Eastern European countries all have their passports taken
>>>away by
>>>their pimps. There is not one metre of street in which prostitution
>>>is not
>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>Verona who
>>>has founded a charity which works with prostitutes. Benzi goes
>>>on, "The
>>>Albanians operate in family clans, in `joint ventures' with the
>>>Mafia in Eastern
>>>Europe and Italy. No new pimp can start operating in Italy without
>>>paying a
>>>percentage to the person who already controls the territory. Any
>>>mistakes are
>>>punished by death. For the Albanians, vendetta is second nature:
>>>the concept
>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>Association of the Community of Pope John XXIII, 48% of the
>>>prostitutes in Italy
>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>old); and 26%
>>>have been kidnapped and taken from their countries of origin by
>>>force.[8]
>>>source:
>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>Hillary Clinton has also masqueraded as someone concerned about
>>>Children's
>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>Clinton
>>>actually harmed children too.
>>>"Sexual exploitation of children
>>>An especially appalling aspect of the trade in human beings is the
>>>sexual
>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>Petersel,
>>>the Director of Save the Children in Moldova, whose organisation has
>>>started to
>>>house and rehabilitate young women and girls who have been forced
>>>into sex
>>>slavery. The youngest victim with which they have dealt was nine
>>>years old.
>>>260 victims of sex slavery have been housed and helped by Save the
>>>Children
>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>Albania,
>>>Macedonia, Italy, and Greece.
>>>References for further reading:
>>>Trafficking in Migrants,
>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>Milan, May
>>>1999
>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>Paoline
>>>Editoriale Libri, 1999
>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>liberazione del
>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>Editrice, Rome,
>>>2000.
>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>18th April
>>>2000
>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>Moldova,
>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>Parliament.
>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>Monde, 1st
>>>December 2000
>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>Albanian Daily
>>>News, 5th October 2000
>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>1st July 1999
>>>[6] Ibid.
>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>http://www.mess-s-
>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>itute.htm
>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>della
>>>prostituzione,
>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>recently
>>>attacked the Mafia activities of the Montengrin president, Milo
>>>Djukanović.
>>>See La Repubblica, 12th January 2001
>>>source:
>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>Italy's sexual slave trade
>>>
>>>
>>>Many prostitutes in Italy come from Albania
>>>In the first of two special reports, the BBC's Brian Barron
>>>investigates Italy's
>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>the
>>>business.
>>>It is estimated that there could be more than 40,000 foreign
>>>prostitutes on the
>>>streets of Italy - and the numbers are increasing.
>>>The streetwalkers venture out every night after 10, on the edge of
>>>big cities
>>>like Rome.
>>>Each trip was awful but that was my choice. If I returned to
>>>Albania I was
>>>dead.
>>>Prostitute
>>>In the Eor district, they are Albanian or from other former
>>>communist countries.
>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>travelled to
>>>Italy through their own efforts.
>>>One streetwalker whose identity must be kept secret recalls her
>>>particular
>>>journey.
>>>"I came by boat," she says.
>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>people with
>>>my own eyes."
>>>"Each trip was awful but that was my choice. If I returned to
>>>Albania I was
>>>dead."
>>>"Dead or alive - this was my only choice."
>>>Tarantelli: Women are held in slavery
>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>are slaves.
>>>"They are brought here," she says.
>>>"Their passports are destroyed often, usually as a matter of fact
>>>they are
>>>tortured to break their wills."
>>>"They're moved around from place to place so they don't know where
>>>they are.
>>>They don't speak the language."
>>>"They're terrified and they can't escape. They're held in slavery."
>>>Poverty
>>>
>>>For many of the girls, the journey began in their Albanian homeland.
>>>In Durres, most people are out of work, surviving on remittances
>>>from relatives
>>>abroad, like the girls on the streets of Italy.
>>>In its poverty and human desperation it is typical of countless
>>>Albanian
>>>communities.
>>>Once Albania was an all-powerful communist police state. It is now a
>>>country
>>>beyond the rule of law.
>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>difficult time
>>>stamping out the smuggling of young girls.
>>>Durres: Lawlessness and poverty prevail
>>>"We have had some success against traffickers in prostitutes," he
>>>says.
>>>"We've arrested at least three. But a big problem is what to do with
>>>the girls
>>>caught up in the system, especially if they come from outside
>>>Albania."
>>>"The fact is we do not have any organisation for helping them."
>>>"At times we've had to keep the girls in prison because there's
>>>nowhere for them
>>>to go."
>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>of the
>>>Albanian mafia being intercepted by Italian security forces.
>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>It was trying to land a batch of illegal immigrants on Italy's
>>>Adriatic coast.
>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>60 miles an
>>>hour, evaded the helicopters and ships trying to encircle them.
>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>Catholic
>>>charity, has launched another kind of assault on the Albanian mafia.
>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>witness protection
>>>programme for former prostitutes from Albania and Eastern Europe.
>>>Hope for some of the women in the witness protection programme
>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>he says.
>>>"It's not an easy decision to make. So these girls must have the
>>>courage to do
>>>it.
>>>"To cut all ties with the past. By pointing the finger at those who
>>>abuse them
>>>there is the chance that some of the guilty will be brought to
>>>justice."
>>>Eighty girls have collaborated. They have been rewarded with the
>>>right to remain
>>>in Italy and, when necessary, new identities.
>>>However, 500 declined because they were afraid of the godfathers.
>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>
>>>
>>>
>>>
>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>Pellegrino
>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>Was Johnny
>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>know please
>>>post your materials and sources for them.
>>>
>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>20th, 1940.
>>>
>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>
>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>the
>>>imagination. DioGuardi specialized, among other things, in
>>>victimizing Jews.
>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>less
>>>directly, as they became unwitting customers. The article below
>>>notes that "A
>>>salesman for the company testified in 1969 that often the meat they
>>>delivered to
>>>retailers was "sometimes light green and sweaty and often was an
>>>atrocity to
>>>perpetrate on our customers."
>>>
>>>
>>>
>>>
>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>Queens, New
>>>York, listening to a tape recording of the conversations coming out
>>>of a bug-a
>>>tiny wireless microphone and radio transmitter hidden in the office
>>>of Norman
>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>to evidence
>>>that illustrated with chilling clarity that the Mafia controlled an
>>>industry
>>>that robbed the public of more than just its money. It was also
>>>stealing its
>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>kept
>>>cropping up. The cops knew who he was.
>>>
>>>
>>>
>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>viscous snarl
>>>as he slugged a United Press photographer outside a Senate committee
>>>hearing
>>>room, appeared on front pages of newspapers all over the country,
>>>because it so
>>>perfectly matched the average person's preconception of what a Mafia
>>>thug should
>>>look like.
>>>
>>>
>>>As the police developed their investigation into the Merkel Meat
>>>Company and the
>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>that the
>>>Lucchese crime family was earning big money from its involvement in
>>>the movement
>>>of substandard and, at times actually rotten meat, that was being
>>>sold into the
>>>retail marketplace.
>>>
>>>
>>>Dioguardi was a master fixer and controller of locals and unions
>>>and, through
>>>this influence, was able to manipulate opportunities for himself and
>>>the
>>>Lucchese family in a wide range of areas.
>>>
>>>
>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>one
>>>particular company that showed his ability to corrupt and control.
>>>
>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>salary of $250
>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>taken over
>>>control of the business. He used this company as a vehicle to gain
>>>control of
>>>the low price kosher meat business. Essentially his method was to
>>>take over an
>>>organization, buy in supplies and create an extended line of credit,
>>>never pay
>>>his debtors, and when the business went bust, move on to the next
>>>one.A salesman
>>>for the company testified in 1969 that often the meat they delivered
>>>to
>>>retailers was "sometimes light green and sweaty and often was an
>>>atrocity to
>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>went
>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>another
>>>company called Tel Aviv. That company also went belly-up in due
>>>course and he
>>>then set up a firm called First National Kosher Provisions. And so
>>>it went on.
>>>Eventually the law caught up with him and he was indicted, and in
>>>1967 was
>>>sentenced to five years in prison and fined $10,000. By this time,
>>>Dioguardi had
>>>been connected to the Lucchese family for over thirty years.
>>>Johnny Dio under arrest(AP)
>>>
>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>on Forsythe
>>>Street in Little Italy where his father Dominick owned a bicycle
>>>shop there. By
>>>1930, he was already at age fifteen an apprentice young hood. After
>>>a year and a
>>>half at Stuyvesant High School, he left to begin work. Through the
>>>influence of
>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>and upcoming
>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>extortionist
>>>working the Garment Center. He was also, as legend has it, one of
>>>the gangsters involved in the so called "Murder Inc." group
>>>that worked
>>>out of Brownsville, East New York, in the 1930's carrying out
>>>murders....Darkly handsome-so dark that he
>>>was called
>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>pleasant smile,
>>>well dressed, well barbered and well manicured, he was always
>>>careful to give
>>>the appearance of an urbane and successful businessman.In 1935,
>>>Thomas Dewey,
>>>the crusading New York DA, listed Dioguardi as among the most
>>>dangerous hoods in
>>>the city. And all this before he was twenty-one years old! In 1937
>>>he got a
>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>his uncle
>>>and several other mobsters for extortion and assault. They had been
>>>extracting
>>>$5000 from every trucker in the garment district, plus demanding a
>>>premium on
>>>every suit and coat made in the area.In 1944, he was indicted for
>>>operating an
>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>and convicted
>>>for failure to pay state income tax in connection with his continued
>>>shakedown
>>>of operators in the garment district. For that, he got sixty days.In
>>>November
>>>1957, he went on trial with some Teamster officials for shaking down
>>>owners of
>>>stationery stores. After a four week trial, he was convicted and
>>>sentenced to
>>>two years in jail.By the time he was forty, he was a "made man" in
>>>the Gagliano
>>>family which was now referred to as the Lucchese family, operating
>>>as a capo, or
>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>in the family
>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>a member of
>>>organized crime, generating in excess of $100,000 each week. He was
>>>so rich, his
>>>standard Christmas present to his wife was a shoe box stuffed with
>>>$50,000 and a
>>>sweet little note such as " buy yourself some nice clothes,
>>>honey."He lived in
>>>great style, wining and dining at the best hotels and restaurants in
>>>town, but
>>>always reserved Sundays to meet with family and friends, and prepare
>>>lunch or
>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>an
>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>home in
>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>for $75,000
>>>in the early 1960's. His legitimate business fronts which
>>>contributed to his
>>>significant tax returns each year, included many highly profitable
>>>clothing
>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>which sold
>>>promotional items to commercial establishments. One of their major
>>>customers was
>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>legendary in the
>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>to Los
>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>Mafia
>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>labour from
>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>every important
>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>Senate
>>>investigations named Dioguardi as one of the masterminds that
>>>manipulated the
>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>airport that
>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>to become
>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>friend,
>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>the New York
>>>area locals supported Hoffa, and this was necessary to swing enough
>>>voters to
>>>support his control of the mid western region, secured through the
>>>Chicago Mob's
>>>help. The solution was to create more locals: enough to establish a
>>>majority.
>>>This was done by setting up "paper" locals-locals with few if any
>>>members-that
>>>could swing the balance in the New York voting.Dioguardi engineered
>>>the creation
>>>of seven new Teamster unions. The extra supply of delegates from
>>>these
>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>convention.
>>>These seven locals were basically sham fronts, composed not of
>>>working people,
>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>nomination.With hindsight
>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>Department,
>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>imprisonment
>>>in 1967, release in 1971 and the events that led up to the fateful
>>>rendezvous on
>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>went there to
>>>meet up with three men. It was a rendezvous from which he never
>>>returned,
>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>Briguglio, a
>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>testator who
>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>undoubtedly one of the
>>>most powerful members of the Lucchese crime family. His influence
>>>was felt in
>>>many areas, particularly those relating to labor. He is remembered
>>>however, more
>>>than anything, for one especially terrible act.In the early hours of
>>>Thursday
>>>April 5th, 1956, a nationally known newspaper columnist and
>>>commentator on labor
>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>41-year-old
>>>Riesel was a crusading journalist, specializing in investigating
>>>union
>>>corruption and Mob-influenced officials. Writing for the Daily
>>>Mirror, his
>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>two workers
>>>from Local 138 of the International Operating Engineers Union out of
>>>Long
>>>Island. Run by father and son both called William DeKoning, they and
>>>their local
>>>were involved in shaking down contractors and were under
>>>investigation by
>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>secretary, Betty
>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>late
>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>approached them and
>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>Hospital,
>>>surgeons were unable to save his eyesight.
>>>Victor Reisel
>>>A federal investigation established the attacker was a twenty-two-
>>>year-old hood
>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>Carlino and
>>>paid $1,175 to do the job. The money had apparently been put up by
>>>Dioguardi. As
>>>publicity mounted, Tevi became convinced that he had been grossly
>>>underpaid to
>>>carry out a piece of work on such an important person and demanded
>>>$50,000. What
>>>he got instead was two bullets in the head, and his body was found
>>>on July 28th,
>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>Although some
>>>people were tried and convicted of the attack on Reisel, the two
>>>prime witnesses
>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>and all
>>>charges against Johnny Dio were dropped in May, 1957.
>>>The assault on Victor Reisel brought a lot of pressure down on
>>>Johnny Dio. The
>>>very action that was aimed at removing a source of irritation,
>>>resulted in far
>>>more damage to his activities that could possibly have occurred had
>>>the assault
>>>not taken place.Despite all the other criminal acts that he was
>>>involved in or
>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>Victor
>>>Reisel." That reputation more than anything else guaranteed that the
>>>police, FBI
>>>and the media would never stop hounding him, and as a result, he
>>>would
>>>eventually spend the rest of his prime years in prison for other
>>>crimes he
>>>committed.Dioguardi always on the lookout for new rackets,
>>>discovered the boom
>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>acquired
>>>from a failing company for little or no money; the market would be
>>>rigged in the
>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>then the
>>>shares would be sold at vastly inflated prices-leaving the investors
>>>to hold the
>>>bag when the fraud was eventually exposed. However fate and the law
>>>finally
>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>boss in the
>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>charges
>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>1973, and
>>>sentenced to a further prison sentence, concurrent to the one he was
>>>already
>>>serving at Danbury Prison in connection with one of his kosher meat
>>>company
>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>the same
>>>year.
>>>Johnny Dio going to prison one last time
>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>started young
>>>at fifteen and had a perfect introduction into the world of crime
>>>through the
>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>and polish
>>>in an enviable mixture. He made the right kind of connections from
>>>an early age.
>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>these
>>>contacts throughout his career as a means of levering his scams and
>>>extortion's
>>>into huge, money-spinning ventures for himself and his crime family.
>>>Like many
>>>criminals, he obviously had the brains and ability to have succeeded
>>>in
>>>legitimate business, had he been that way inclined. The highest
>>>earners in the
>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>lowest soldiers
>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>of their
>>>scheming and scamming.
>>>When he died in a Pennsylvania prison hospital, his passing
>>>attracted no
>>>newspaper attention. All his wealth and power and almost fifty years
>>>of criminal
>>>depravity seemed to count for nothing at all. It was as though he
>>>had never
>>>existed."
>>>source:
>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>
>>>2.html
>>>
>>>
>>>"February 2001In The Money: Congressman James Traficant And His
>>>Campaign
>>>ContributorsBy James Ridgway de Szigethy
>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>corrupted labor
>>>Unions and Middle Eastern political operatives are among those who
>>>have
>>>contributed to the past two re-election campaigns of Congressman
>>>James
>>>Traficant, an analysis of Federal Election Commission records
>>>reveals. These
>>>records, which are required filings under Federal Election law,
>>>reveal 219
>>>donations by individuals and 212 donations by Unions and Political
>>>Action
>>>Committees. 47 of the personal contributions came from outside the
>>>State of
>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>individuals that
>>>indicate a Middle Eastern background of the contributor. Among
>>>the
>>>contributors whose names would probably be recognized by most
>>>Youngstown
>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>Russell
>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>and Gerald
>>>Bostocky. Among the contributors whose names would probably NOT
>>>be
>>>recognized by most Youngstown residents are Virginia residents Ali
>>>Asghar
>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>Javad
>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>Georgia
>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>Hessein
>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>Mahmoud
>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>a former
>>>investigator for the District Attorney's office in Youngstown, was
>>>indicted last
>>>December on charges he bribed Judges to fix Court cases. Ed
>>>Flask accepted
>>>a plea bargain last year in which he pleaded guilty to felony
>>>charges in regards
>>>to his rip-off of nearly $2 million while running the public water
>>>utility in
>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>bribery trial
>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>Mafia
>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>Traficant
>>>bragging about how he laundered through Flask's law office part of
>>>the $163,000
>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>that
>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>Flask which
>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>and murdered.
>>>B & T Express employee Sam Traficanti was present during some of the
>>>secret tape
>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>Traficant,
>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>Express also
>>>donated to Traficant's campaign records show. Traficanti is not
>>>related to
>>>Congressman Traficant. Last September, the Congressman's employee
>>>Anthony
>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>Cleveland.
>>>Congressman Traficant has also received campaign contributions from
>>>Youngstown
>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>has entered
>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>Terlecky, a
>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>bribes from
>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>same
>>>authorities that are now involved in the investigation of
>>>Congressman Traficant,
>>>including two public figures who attended an anti-Mafia summit
>>>meeting recently
>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>chairman of the
>>>Mahoning County Board of Elections who is seeking information the
>>>Congressman
>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>officials in
>>>Youngstown. Terlecky also claims that it was he who found the
>>>infamous
>>>Carabbia tapes months before the FBI during an illegal search and
>>>seizure
>>>regarding an investigation into the murder of yet another Youngstown
>>>Mafia
>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>that include
>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>recorded
>>>months later than Terlecky's claims, when Traficant had just been
>>>elected
>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>agent in
>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>1962. During
>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>fireworks
>>>distributor Bruce Zoldan testified that Chance shook him down
>>>for `tribute
>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>in with
>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>raided Zoldan's
>>>fireworks business two days before their busiest moneymaking period,
>>>the Fourth
>>>of July. Zoldan would also testify that the Gambino Family led by
>>>John Gotti
>>>extorted a huge sum of money from him in order to do business in New
>>>York. The
>>>murder of Mafia figure Joey Naples, who was among those who
>>>contributed to the
>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>for control
>>>of the fireworks business. David Sugar pleaded guilty last year
>>>to
>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>evidence
>>>from the Grand Jury in Cleveland investigating financial dealings
>>>between Sugar,
>>>his construction company, and Congressman Traficant. Sugar is
>>>expected to
>>>testify against Traficant at any future criminal proceedings, as is
>>>Traficant's
>>>former employee on his horse farm, Clarence Broad. In November of
>>>last year,
>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>a woman who
>>>was expected to give damaging testimony against Traficant before the
>>>Grand Jury
>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>those who have
>>>given money to Traficant's campaign, responded by alleging in
>>>Federal Court that
>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>guilty. Judge
>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>claims and
>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>2000
>>>Traficant accepted donations from controversial activist James
>>>Zogby, President
>>>of the Arab American Institute. Zogby was recently in the news last
>>>October,
>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>outrage
>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>terrorism expert
>>>Steven Emerson: "Zogby has not only made comments that are
>>>incendiary but he has
>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>supported the
>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>bombing of
>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>December, 1988,
>>>killing 270 people, including 35 Syracuse University students.
>>>On June 29,
>>>1993, Senator John McCain entered into the Congressional Record a
>>>public
>>>challenge to the FBI and the Justice Department to share information
>>>on the
>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>organization that
>>>was involved in a clandestine effort to influence public policy
>>>through an
>>>organized campaign of directing contributions to the campaigns of
>>>selected
>>>members of Congress. Said the Senator: "Given the charges made in a
>>>previous FBI
>>>report that the PMOI has a history of terrorism, an anti-Western
>>>ideology, and
>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>concern to all
>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>East Data
>>>Project, identified four members of Congress as recipients of
>>>campaign donations
>>>from alleged associates of the PMOI. Those four were Robert
>>>Torricelli of New
>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>Traficant of
>>>Ohio. To date, none of these individuals have been charged with
>>>making illegal
>>>campaign contributions. However, Senator Torricelli is currently in
>>>the news
>>>defending himself against a Chinese fundraiser named David Chang,
>>>who has
>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>1996 campaign.
>>>Numerous recent Media reports show that the Feds are now nearing the
>>>conclusion
>>>of an investigation that began with reports of impropriety regarding
>>>contributions to Torricelli's 1996 campaign. Congressman
>>>Traficant has
>>>developed a huge following in the Arab and Muslim countries in the
>>>Middle East
>>>because of his passionate public support for accused terrorists
>>>Abdel Basset Ali
>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>bombing of Pan Am
>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>trial in
>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>camp guard
>>>responsible for the murders of thousands of Jews during World War
>>>II. Demjanjuk
>>>was convicted and sentenced to death, although the Israeli Supreme
>>>Court later
>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>to personally
>>>escort the accused murderer back to the United States. In the
>>>case of the
>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>in this
>>>matter at a press conference in 1989, at which he claimed that the
>>>bombing was
>>>the result of a joint Syrian/CIA operation. ABC News London
>>>correspondent Pierre
>>>Salinger then picked up the story, utilizing Traficant, government
>>>informant
>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>Coleman
>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>story was a
>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>fraud
>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>Aviv's
>>>indictment Congressman Traficant found a replacement in Boris de
>>>Korczak as his
>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>is best known
>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>he had been
>>>recruited by the CIA as a double agent against the KGB, that
>>>his `cover' had
>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>with the
>>>KGB during a car chase through the streets of Copenhagen, and that
>>>his CIA case
>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>$300,000 in
>>>exchange for the promise of help in obtaining the pension he claimed
>>>was owed
>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>kidney 4
>>>months later by an unknown assailant armed with a pellet gun. The
>>>CIA denied
>>>Boris' claims he was owed monetary compensation and also denied any
>>>of its
>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>and the
>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>and his
>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>Al-Megrahi
>>>was recently convicted as the terrorist who planted the bomb that
>>>destroyed Pan
>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>addition to
>>>receiving campaign money from convicted Mafia figures and Middle
>>>Eastern
>>>political operatives, FEC documents also detail contributions made
>>>to
>>>Traficant's campaign from Unions that have been involved in
>>>corruption scandals
>>>in recent years. Those Unions include the American Federation of
>>>State, County,
>>>& Municipal Employees, the Communications Workers of America, the
>>>Transport
>>>Workers Union, and the UFCW. Traficant has also received
>>>donations from the
>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>President
>>>campaign, and the National Education Association Fund for Children
>>>and Public
>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>Association of
>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>degree to
>>>have ever beaten a Federal racketeering trial by acting as his own
>>>attorney.
>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>confession
>>>after agents played for him excerpts from the Carabbia tapes.
>>>Traficant then
>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>Flask's
>>>partner, who is today the President of the Cleveland Browns
>>>professional
>>>football team. However, after Traficant went public with charges
>>>that just about
>>>every public official in Youngstown was involved with the Mafia,
>>>Policy dumped
>>>Traficant as his client. Traficant then made a bold - and some would
>>>say insane
>>>- decision to renounce his confession and stand trial, acting as his
>>>own
>>>attorney. Traficant explained to the jury that he only accepted the
>>>Mafia bribe
>>>money so he would know whom to arrest for corruption once elected
>>>Sheriff. After
>>>four days of deliberations, the jury returned a verdict that stunned
>>>the
>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>Traficant then
>>>turned the publicity over his acquittal to his advantage and was
>>>elected to
>>>Congress in 1984. However, three years later he was again in Court,
>>>facing civil
>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>Representing him was
>>>attorney George Alexander, who has since been convicted of
>>>racketeering with the
>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>civil trial
>>>and ordered to pay back taxes, fines, and interest. For many
>>>months now,
>>>Traficant has been predicting during public appearances that he
>>>expects to be
>>>indicted - again - by the Federal authorities in Cleveland who have
>>>to date
>>>convicted over 70 public officials, many of whom are associates of
>>>the
>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>JAMESDE@prodigy.net.
>>>
>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>above material appeared in
>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>just Google that title to read the rest of the material
>>>
>>>material below is from:
>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>other unions, such as the Union of Painters and Allied Trades,
>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>(1978).
>>> 19. See infra Table II.
>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>
>>>material below appeared at
>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>Fuel Tax Evasion Highlights, March 1995
>>>Volume 4, Number 1 March 1995
>>>
>>>--------------------------------------------------------------------------------
>>>IN THE NEWS
>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>1980's who turned government informant and was subsequently booted out
>>>of the witness protection program and is now wanted by Texas
>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>before he and 7 others were to begin trial. Balagula is already
>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>Dept. of Justice Press Release, 11/4/94
>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>Columbus Dispatch, 12/24/94
>>>The worldwide activities of Russian organized crime and its ability to
>>>bilk companies, governments and individuals out of billions of dollars
>>>through sophisticated fraud and theft schemes is described in two
>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>6/94
>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>State Journal, 11/1/94
>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>charges growing out of the Operation Red Daisy investigation conducted
>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>12/16/94
>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>free diesel fuel and used transformer oil from suppliers and utility
>>>companies using false documents showing the fuel was destined for
>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>Week, 5/30/94;
>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>excess of $475,000. Press Release, Travis County D.A.
>>>The State of Maryland filed tax assessments of over $300,000 against
>>>two trucking companies and a fuel oil distribution firm for using home
>>>heating oil in trucks. Six other companies are expected to receive
>>>assessments. The assessments stem from a joint investigation by the MD
>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>6/20/94; Washington Times, 6/10/94
>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>Star, 1/14/95
>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>to 54 criminal counts, including failing to pay more than $24 million
>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>substandard gas in connection with their 200 gas stations. Under a
>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>than 8 years in State prison. The amount of restitution could be as
>>>much as $800 million. The Lazars operated California Target
>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>Service Stations, and Challenge Marketing. The firms are pending
>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>9/26/94; L.A. Times, 9/27/94
>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>Revenue Department special agents who are trained in investigating
>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>TX)
>>>DYED DIESEL ENFORCEMENT
>>>Truckers are warned not to run on red diesel and urged to do visual
>>>checks when refueling.
>>>Transport Topics, 10/24/94
>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>11/7/94
>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>WANT TO KNOW MORE?
>>>For more information or updates to the mailing list, call Linda
>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>20590.
>>>FAX back address corrections or additions to: 202-366-7696
>>>
>>
>>I agree completely with that one part about that one guy
>>who said something about something or other.
>>
>>Discuss!
>
>
> I'm proud to be a union man. I pay my dues when I can... yeah.
So you don't agree with the other part, but only the first half, huh.



>
> ---
> This is the .sig file of His AssHoliness, Raoul Xemblinosky mhm 15x12
> http://www.experiencefestival.com/raoul_xemblinosky
> http://memweb.newsguy.com/~shpxurnq

--
And lo, it was evening and it was morning and there
were already two ways to store Unicode.
http://video.google.com/googleplayer.swf?docId=8245476550623867087

 

[??? rrock]

Wavy G wrote:

> Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:
>
>
>>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>>wrote:
>>
>>
>>>
>>>reallyveryradical wrote:
>>>
>>>
>>>>Can We Stop The Demobrocrats
>>>>
>>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>>primary, as the campaigns of 2008 presidential candidates seek
>>>>endorsements from the major labor federations and member unions.
>>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>>Obama has an economics speech in New York City in the morning and
>>>>Clinton delivers her plan to deliver universal health care coverage in
>>>>Iowa.
>>>>
>>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>>attend"
>>>>above from
>>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>>
>>>>In the Matter of Alan D. Wasserman
>>>>
>>>>Laborers' International Union of North America
>>>>Independent Hearing Officer
>>>>Docket No. 97-57D
>>>>Decided October 7, 1998
>>>>Order and Memorandum
>>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>>matter is discussed below in detail.
>>>>This matter comes before the Laborers' International Union of North
>>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>>Specifically, Wasserman is charged with knowingly associating with a
>>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>>labor payoffs from contractors, offering to allow employers to pay
>>>>LIUNA members less than union-scale wages and benefits, and
>>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>>client was depressed and unable to assist him in his defense. In
>>>>support, Gold presented a letter of a medical doctor who stated that
>>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>>such a disorder rendered him unable to assist in his defense but
>>>>merely indicated that Wasserman's ability to testify was impaired.
>>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>>defense. I decided to proceed with the hearing but told Gold that if
>>>>he desired an additional session to present new evidence based on the
>>>>cooperation of his client, he should inform me and a hearing would be
>>>>arranged.
>>>>At the conclusion of the hearing, I instructed both parties to inform
>>>>me by June 15, 1998, whether they wished the record to remain open
>>>>pending the submission of additional evidence. The parties were also
>>>>instructed to submit post-hearing briefs three weeks following June
>>>>15, 1998. I stated "You have until June 15th to let me know what
>>>>other plans you have, whether to close or keep the record open."
>>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>>original and one copy of all exhibits presented at the May 27, 1998
>>>>hearing. Wasserman filed no response to the motion to admit the
>>>>confidential witness testimony.
>>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>>communication with my office. Attorney Gold made no effort to contact
>>>>my office regarding his client's mental status or his intention to
>>>>offer any additional evidence. I filed the August 28 Order which
>>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>>Gold by letter to my office complained of not having had an
>>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>>letter was Wasserman's first contact with my office in over three
>>>>months. I issued an Order placing the August 28 Order in suspense and
>>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>>September 4, 1998. I permitted both parties to file written
>>>>objections and conclusions to the proposed order with arguments to
>>>>support their conclusions. I clearly stated that objections and
>>>>arguments were to be filed by September 28, 1998. Despite the
>>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>>indicating he wished to discuss a timetable for the completion of
>>>>evidence after October 1, 1998, including the possibility of having
>>>>his client testify. I denied Gold's request to hold the record open
>>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>>1998, to file objections to the August 28 Order. I also requested
>>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>>asserted that Wasserman was able to appear and testify; however, he
>>>>did not submit any proposed testimony by Wasserman as requested. I
>>>>find that there is no credible evidence that Wasserman ever intended
>>>>to appear.
>>>>Qualification Of Expert Witnesses
>>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>>("Schaffler") as expert witnesses.
>>>>Jack Elko
>>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>>of those years, Elko specialized in organized crime investigations for
>>>>the Division of Criminal Justice of the Office of the Attorney General
>>>>of New Jersey. Id. Prior to his employment with the Division of
>>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>>County in Morristown, New Jersey. He attended numerous service
>>>>schools, including the New Jersey State Police Academy, courses
>>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>>Elko testified in this proceeding as an expert in the make-up and
>>>>structure of organized crime, specifically in the Newark area. This
>>>>technique has been accepted in similar union disciplinary matters.
>>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>>Elko used tested and accepted investigative techniques to verify the
>>>>credibility of the individuals whose information he related at the
>>>>hearing. Elko testified as to information and hearsay statements of
>>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>>weight to hearsay declarations of three LCN members that were related
>>>>by an FBI agent. The court used a number of factors to evaluate the
>>>>reliability of the statements. The court noted that the statements
>>>>corroborated each other in crucial respects, the reports painted a
>>>>consistent picture of the relationship of the individuals and the
>>>>statements matched the FBI agent's declaration in the subject matter.
>>>>Id. The court held that these declarations constituted relevant
>>>>evidence that a reasonable mind might accept on the subject of
>>>>association with organized crime. Id.
>>>>I find that Elko is a qualified witness, expert in organized crime
>>>>matters, and his testimony, in conformance with accepted investigative
>>>>techniques, is reliable.
>>>>Elko related information given to him by five named individuals
>>>>described below, three of whom have cooperated with federal
>>>>authorities and two of whom are law enforcement officers.
>>>>Rocco Cagno
>>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>>109. Cagno became a made member in 1987; thereafter, he was
>>>>incarcerated. The record does not reflect the reason for his
>>>>incarceration.
>>>>He was released from prison in 1990 and his movements were monitored
>>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>>required to gain employment. He became employed by Local 342 through
>>>>the influence of Colombo family members and Anthony Proto, who was
>>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>>to speak with Cagno in October 1997 concerning the various organized
>>>>crime affiliations within Local 342. Tr. 109.
>>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>>both made members of the Lucchese organized crime family and are also
>>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>>been the acting boss of the New Jersey faction of the Lucchese
>>>>family. Id.
>>>>Steve Montgomery and Lt. Dennis Masucci
>>>>Elko also based his opinion on information supplied to him by two law
>>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>>information provided by Masucci is based upon confidential informant
>>>>sources proven reliable in the past, who gave Masucci information
>>>>which resulted in the arrest of organized crime members, including
>>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>>Montgomery's information is also based on his personal investigation
>>>>and confidential sources.
>>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>>each other and by the information supplied by Masucci and
>>>>Montgomery.
>>>>Jeffrey Schaffler
>>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>>He spent his last years as a special agent with the Office of Labor
>>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>>an assistant special agent in charge of a DOL investigation office.
>>>>Id. Schaffler is currently under contract to the Office of the
>>>>Inspector General of the Port Authority of New York and New Jersey.
>>>>His duties involve investigation of contractors who do business with
>>>>the Port Authority, the operation of construction projects, the manner
>>>>in which construction bids are made, contract fraud and wage and hour
>>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>>capacity of an expert in the labor field.
>>>>I find that Schaffler is a qualified expert witness in the labor
>>>>field.
>>>>Findings of Fact
>>>>Structure of Organized Crime
>>>>1. The LCN is a tightly structured
>>>>criminal organization which operates in various cities throughout the
>>>>United States. It is in the business of crime for a profit.[1]
>>>>2. The LCN is comprised of groups of individuals organized into
>>>>entities called families. Tr. 105.
>>>>3. A typical LCN family structure consists of the head (the
>>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>>activities of LCN members and their associates. LCN members within a
>>>>family operate in small groups called "crews" which are headed by men
>>>>called "capos" or "crew bosses." Tr. 106.
>>>>4. A "made member" is an individual within an LCN family who
>>>>has undergone an initiation process and sworn allegiance to that
>>>>family putting the family above everything else. Tr. 106. See also
>>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>>5. An "associate" is an individual who works under a capo and
>>>>assists made members, but who has not been formally initiated into the
>>>>family. Tr. 106. An associate may either earn his living by
>>>>performing illegal acts on behalf of an LCN family or he may have an
>>>>ostensibly legitimate job while at the same time assisting a
>>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>>129-30.
>>>>6. Both members and associates engage in activities which bring
>>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>>associate could only become a made member by participating in the
>>>>murder of an individual. In more recent times, an associate may
>>>>become a made member based upon the benefits he is able to produce for
>>>>that family, such as earning large sums of money or exercising
>>>>influence in business or politics. Tr. 106-07.
>>>>7. A number of LCN families are located in the New York/New
>>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>>The LCN's History Of Control Over Local 342
>>>>8. The evidence presented during the hearing establishes by a
>>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>>been subject to LCN control for many years.
>>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>>crime families have shared control of Local 342. Tr. 110. The two
>>>>families shared illegal profits from contractors within their
>>>>jurisdiction by soliciting money for labor peace and outright
>>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>>families were placed on the labor payroll with various contractors
>>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>>families later shifted to an arrangement where the Colombo family
>>>>received preferential treatment for placement of workers at particular
>>>>contract sites, but no longer shared in racketeering labor profits.
>>>>Tr. 111-12.
>>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>>to the present, the Task Force and other law enforcement entities have
>>>>documented the Gambino family infiltration of Local 342. Id.
>>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>>family in New York. After Castellano's murder in December 1985, he
>>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>>of Local 342 for several years prior to the Task Force's creation in
>>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>>for racketeering. Tr. 138.
>>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>>made member of the Gambino family. Tr. 117, 133.
>>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>>month for permission to park the vendor's vehicle on a particular
>>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>>with a sledgehammer. Id. The police responded and, after a period of
>>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>>approval, the charges were downgraded to simple assault, not pursued,
>>>>and the vendor immediately left New Jersey and moved to South
>>>>Carolina. Id.
>>>>15. At the time of the assault, Andrade was a shop steward of
>>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>>time was an employee of Local 342. Id.
>>>>16. In 1987, the Task Force launched an investigation into
>>>>organized crime influence in New Jersey. The investigation employed
>>>>court authorized electronic surveillance and other investigative
>>>>techniques. The investigation resulted in the indictment of numerous
>>>>Gambino family members for labor racketeering in New Jersey, one of
>>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>>James Proto with his duties. Tr. 134.
>>>>18. While Andrade was Business Agent and James Proto was Business
>>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>>147.
>>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>>family in Staten Island, New York. Vallaro's father was a made member
>>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>>Following the 1993 convictions of other Gambino family members,
>>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>>20. At the time of his move, Vallaro was unknown to law
>>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>>presence and involvement in the LCN through electronic surveillance
>>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>>information about Vallero which Elko obtained from the surveillance
>>>>was verified by Cagno. Tr. 136.
>>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>>and responsible for the New Jersey area, including all the Gambino
>>>>family members and associates within Local 342. Tr. 109, 113.
>>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>>testified that he learned this fact from intelligence sources,
>>>>discussions with Cagno and interviews with other organized crime
>>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>>23. After Proto's incarceration, Cagno became concerned about the
>>>>distribution of money and work for the Colombo family members within
>>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>>York City Colombo family. Id. Cagno was approached within the next
>>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>>24. Cagno and Juicy DiModica, as representatives of their
>>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>>DiModica and the Gambino family. Tr. 114.
>>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>>labor issues and Local 342. Id.
>>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>>Bisaccia were intercepted and monitored. Id.
>>>>27. In April 1994, a conversation was intercepted between Joseph
>>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>>not making any money for them and that they would be broke in two
>>>>months. Elko testified that he understood this conversation to mean
>>>>that James Proto was not being forceful enough in extracting money
>>>>from contractors for Local 342. Id.
>>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>>conversation, James Proto remained Business Manager of Local 342 for
>>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>>Id.
>>>>VHR Construction
>>>>Charge I:
>>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>or a thing of value from VHR Construction, an employer engaged in an
>>>>industry affecting interstate commerce, when Wasserman asked for a
>>>>payoff in form of a "Christmas gift" while being a Union member and
>>>>representative (29 U.S.C. ?186(b)(1)).
>>>>Charge II:
>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>employer while being a Union member and representative, in violation
>>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>>Practices Code.
>>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>>a contractor who desired confidentiality had alleged that Wasserman
>>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>>Newark International Airport, and had caused the contractor's
>>>>equipment to be damaged. The contractor stated specifically that one
>>>>piece of equipment was filled with concrete and another piece was
>>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>>pure hearsay, the specificity of the description of the damage is
>>>>corroborated later in interviews with a company official.
>>>>30. The IG sent investigators to Newark to verify the
>>>>allegations. Id.
>>>>31. VHR Construction was a general contractor at the Newark
>>>>Airport and signatory to a collective bargaining agreement with Local
>>>>342. Tr. 21, 23.
>>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>>Construction. Tr. 21.
>>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>>company was not the victim of the equipment damage, but he had heard
>>>>about the incident. Tr. 22.
>>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>>35. Wortman said that he and his staff had threatened to dock
>>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>>Wortman's office to discuss the issue during the weeks before
>>>>Christmas of 1995. Id.
>>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>>was also a member but not an officer or even a steward of Local 342.
>>>>Tr. 28-29.
>>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>>record is silent as to Wasserman's participation in the request.
>>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>>to the meeting to make the request and fully approved of the demand.
>>>>38. At the hearing in the instant matter, Schaffler testified
>>>>that, in his expert opinion of the construction industry, labor
>>>>payoffs are usually made at Christmastime or at the beginning of the
>>>>summer or late spring. Tr. 167.
>>>>39. It was also Schaffler's expert opinion, based on his
>>>>experience, James DiModica's request for a Christmas gift was the
>>>>solicitation of a bribe. Tr. 165. I find that under the
>>>>circumstances all parties understood that the meaning of the request
>>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>>that Wortman's testimony was corroborated by other testimony, and is
>>>>reliable.
>>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>>the matter of his pay being docked for continually leaving the job.
>>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>>weight since Wasserman and Wortman entered into an agreement settling
>>>>the matter.
>>>>
>>>>
>>>>B.J. McGlone & Co. Inc.
>>>>Charge III:
>>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>>in an industry affecting interstate commerce, when he demanded labor
>>>>payoffs from an employer while being a Union member and representative
>>>>(29 U.S.C. ?186(b)(1)).
>>>>Charge IV:
>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>employer and offered to allow that employer to use non-Union labor or
>>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>>so doing violated his obligation as a member of the Union to refrain
>>>>from interfering with the proper conduct of Union business, in
>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>Constitution and the "Business and Financial Activities of Union
>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>of the LIUNA Ethical Practices Code
>>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>>which provides fireproof material and services. Tr. 47. McGlone
>>>>performed and worked at the Newark Airport job site in 1994.
>>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>>who was involved in managing one of the job sites at the Newark
>>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>>name would not be repeated to anyone outside of the interview.
>>>>Although he requested anonymity, the record is clear that he was an
>>>>officer of McGlone, that he was involved in the operation of the site,
>>>>and that he dealt with Wasserman. The probative value of this
>>>>testimony will be discussed below.
>>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>>55.
>>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>>conversation about placing safety equipment on the job site. The
>>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>>company did not install the equipment and the job commenced. Id.
>>>>45. Two pieces of equipment were subsequently damaged at the job
>>>>site. Id. One spray machine was filled with concrete and another was
>>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>>170. This description corroborates the description of the damage in
>>>>the anonymous report made to the IG.
>>>>46. Schaffler testified that it is common practice when a company
>>>>does not comply with demands for payoffs from LCN controlled unions,
>>>>the union may resort to intimidation methods to frighten the company
>>>>officials. Id. A common method is to damage equipment. Id.
>>>>47. The officer subsequently had a conversation with Wasserman in
>>>>which the officer told Wasserman the equipment was damaged and said
>>>>"this is not the way for you to put your people to work." Tr. 53.
>>>>Wasserman made no reply to this accusation and requested a meeting.
>>>>Tr. 54
>>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>>without interference and the company need only pay the workers enough
>>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>>was not his decision to pay the money and that he would have to refer
>>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>>money was paid.
>>>>49. Schaffler testified that he was familiar with the terms "give
>>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>>workers enough for them to buy a ham sandwich," under the
>>>>circumstances, meant the workers could be paid a moderate amount for
>>>>work completed, but the company would not have to adhere to all terms
>>>>of the collective bargaining agreement, including paying fringe
>>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>>James DiModica would take responsibility for handling any complaints
>>>>from the workers. Id.
>>>>50. Attorney Gold argues that the testimony of the McGlone
>>>>official is not credible. Gold states that the official is biased
>>>>against Wasserman because Wasserman came to the meeting to discuss
>>>>legitimate safety issues at McGlone, and the official was upset at
>>>>being confronted with safety violations. This argument has little
>>>>weight because substantial damage had been done to McGlone's
>>>>equipment. It would be more cost effective for McGlone to address
>>>>legitimate safety issues than to damage its own equipment and blame
>>>>Wasserman. I find the official's representation of the events to be
>>>>credible, and corroborated by other evidence. See the Discussion,
>>>>infra.
>>>>E & S Construction
>>>>Charge V:
>>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>an act of racketeering in that Wasserman did request and demand money
>>>>or a thing of value from E&S Construction, an employer engaged in an
>>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>>from an employer while being a Union member and representative (29
>>>>U.S.C. ?186(b)(1)).
>>>>Charge VI:
>>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>>an employer and offered to allow that employer to use non-Union labor
>>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>>in so doing violated his obligation as a member of the Union to
>>>>refrain from interfering with the proper conduct of Union business, in
>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>Constitution and the "Business and Financial Activities of Union
>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>of the LIUNA Ethical Practices Code.
>>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>>contacted the LIUNA New Jersey regional office concerning an
>>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>>shortly thereafter. Id.
>>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>>could not work as a laborer, he formed his own construction company.
>>>>Id.
>>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>>9 in New Jersey. Id.
>>>>54. In the same month, Taylor received a call from Wasserman who
>>>>identified himself as a representative from Local 342 and requested a
>>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>>55. The following day, Wasserman arrived at Taylor's job site
>>>>accompanied with an individual Taylor later identified as James
>>>>DiModica. Id.
>>>>56. At the start of the meeting, James DiModica stated that he had
>>>>just gotten out of jail. Tr. 60.
>>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>>at the Newark Airport with the Brown Matthews Company, and he
>>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>>58. Taylor replied that at the time he had three full-time workers
>>>>with his company and the workload was just enough for those three
>>>>workers. Taylor said if his workload increased he would definitely
>>>>call the Local 342 hiring hall for laborers. Id.
>>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>>use them because he had to use Local 342 members. Id.
>>>>60. Wasserman then made a motion with one of his hands indicating
>>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>>$5,000. Id.
>>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>>the workers any benefits. Id. Taylor understood this to mean that
>>>>the various fringe benefits, pension annuity, and medical benefits
>>>>required by the collective bargaining agreement would not have to be
>>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>>Wasserman would make him put up a bond for the benefits at his job
>>>>site. Tr. 59.
>>>>63. Towards the end of the meeting, James DiModica made a
>>>>statement to Taylor that "we have connections, we'll get you paid
>>>>faster." Tr. 60.
>>>>64. Subsequently, Taylor positively identified James DiModica from
>>>>photographs shown to him by IG Inspectors. Id.
>>>>65. I find that there was no reason for James DiModica, who had no
>>>>official union position, to accompany Wasserman to Wasserman's
>>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>>DiModica visits to the contractors appears, under these circumstances,
>>>>to be a joint venture in extortion.
>>>>66. The statements of Taylor as to what the demands meant and the
>>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>>extortionate practices are credible and well founded.
>>>>67. Attorney Gold contends that the appearance of James DiModica
>>>>with Wasserman where money was solicited from employers was not in
>>>>itself improper. Gold argues that DiModica might have been a shop
>>>>steward on at least one of the jobs, and his appearance on any of the
>>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>>associate of organized crime. On one occasion he suddenly requested a
>>>>Christmas gift from the employer and on another he began the
>>>>conversation by informing the employer that he had just been released
>>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>>serve the purpose of intimidating the contractor.
>>>>68. Attorney Gold also contends that since none of the complaining
>>>>persons ever alleged that as a result of denying payoffs they suffered
>>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>>go unpunished. There is no evidence to indicate whether or not the
>>>>payments were made. The record is silent on that matter; however,
>>>>there is evidence that equipment at McGlone was heavily damaged after
>>>>McGlone refused to install the requested safety apparatus.
>>>>Knowing Association With The LCN
>>>>Charge VII:
>>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>>associating with La Cosa Nostra crime family members or associates,
>>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>>crime family and James DiModica, an associate of the Gambino crime
>>>>family.
>>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>>Jersey for approximately ten years.
>>>>70. At the time of the hearing in this matter, Wasserman was the
>>>>Business Manager of Local 342. He was appointed by the Executive
>>>>Board to succeed James Proto. Wasserman has also served in the
>>>>positions of field representative and a shop steward of Local 342.
>>>>71. The GEB Attorney offered the history of Local 342 described
>>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>>as evidence of Wasserman's associations with the Gambino family.
>>>>72. Based upon his years of investigation, including the
>>>>aforementioned information in paragraphs 8 through 28, and
>>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>>concluded that Juicy DiModica is a made member of organized crime and
>>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>>73. Based upon his information, including direct information from
>>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>>years of surveillance, Elko concluded that James DiModica is an
>>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>>74. Based upon direct information from Cagno, information from
>>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>>123, 129.
>>>>Discussion
>>>>The IHO must base his decisions on reliable evidence through a review
>>>>of what is probative and reliable. Attorney Gold objects to the use
>>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>>however, reliable hearsay evidence is admissible in labor
>>>>arbitrations. Associated Cleaning Consultants and International
>>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>>evidence has been admitted regularly in union disciplinary proceedings
>>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>>1990). The test is whether the evidence is reliable. Senese &
>>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>>389, 402 (1971)).
>>>>The testimony of the IG Inspectors regarding statements of contractors
>>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>>& S Construction are hearsay; however, they demonstrate a similar
>>>>pattern, and similar demands were related by three individuals who
>>>>have neither bias nor reason to falsify. The individuals knew their
>>>>statements would eventually be known when they spoke to the
>>>>investigating officials, yet they still exposed themselves to the risk
>>>>of voluntary cooperation. One of the individuals initiated contact
>>>>with officials. I recognize that one of the individuals has remained
>>>>unnamed and, standing alone, his statements would not be probative.
>>>>Nonetheless, I give evidentiary weight to his information due to the
>>>>striking similarity between the three incidents. The hearsay
>>>>statements of the unnamed individual match the hearsay statements of
>>>>the named individuals. The statements describe the same modus
>>>>operandi, the same labor extortion goals during roughly the same time
>>>>period, and involve the same two perpetrators. I find that the
>>>>hearsay statements of the contractors corroborate each other and I
>>>>find the evidence to be reliable especially given the very similar
>>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>>hearsay evidence reliable based upon FBI Agent's information being
>>>>culled from various sources and the various sources' corroboration of
>>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>>of factors to evaluate reliability giving evidentiary weight to
>>>>hearsay declarations of three LCN members related by FBI agent;
>>>>factors included corroborating statements in crucial respects, a
>>>>consistent picture of the relationship of the individuals and the
>>>>statements matched the FBI agent's declaration in the subject matter).
>>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>>conduct includes, among others, committing any act of racketeering.
>>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>>"committing any act of racketeering, as defined in Title 18 of the
>>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>>U.S.C. ? 1961(a).
>>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>>and or to receive anything of value from a contractor with whom he has
>>>>a collective bargaining agreement:
>>>>It shall be unlawful for any person to request, demand, receive, or
>>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>>of any money or other thing of value prohibited by subsection (a) of
>>>>this section.
>>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>>"giving any money or other thing of value to any labor organization,
>>>>or any officer or employee thereof, which represents, seeks to
>>>>represent, or would admit to membership, any of the employees of such
>>>>employer who are employed in an industry affecting commerce."
>>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>>believed the request for a gift was an "extortion or a demand." The
>>>>argument has no merit; any form of request is prohibited.
>>>>Barred conduct also includes "knowingly associating" with members of
>>>>an organized crime family such as the LCN, and knowingly allowing an
>>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>>union member knew the person with whom he or she was associating was a
>>>>member or associate of the LCN; (2) the association related directly
>>>>or indirectly to the affairs of the union; and (3) the association was
>>>>more than fleeting or casual. Id.
>>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>>Administrator's determination that "'knowing association' can be
>>>>inferred from the duration and quality of the association." 745
>>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>>he was associating were members of organized crime. The individuals
>>>>with whom Wasserman dealt were identified as well known members of
>>>>organized crime families by three former organized crime members. The
>>>>association was not fleeting or casual. Wasserman attended meetings
>>>>with contractors accompanied by James DiModica, a known associate of
>>>>organized crime, whose presence was not related to the ordinary course
>>>>of union business. Wasserman took James DiModica along for his
>>>>intimidation factor. Wasserman had to have known James DiModica was
>>>>associated with organized crime; there was no other reason for
>>>>DiModica to accompany him. A similar conclusion was reached by the
>>>>Independent Administrator in Cimino where the Independent
>>>>Administrator found that Cimino had to have known of Nicodemo
>>>>Scarfo's Philadelphia organized crime ties during their association
>>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>>use Cimino and the local union to "further his La Cosa Nostra
>>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>>obviously an illegal joint venture to extort union contractors with
>>>>the approval of the Gambino family.
>>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>>part time no-show shop steward and argued that being a no-show shop
>>>>steward is evidence of being associated with organized crime. I do
>>>>not find this evidence to be probative of Wasserman's organized crime
>>>>association.
>>>>Obstruction
>>>>Charge IX:
>>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>>terminating the interview, and thereby obstructing and interfering
>>>>with an investigation being conducted by the LIUNA Inspector General's
>>>>Office.
>>>>Findings of Fact
>>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>>residence in Union, New Jersey. Tr. 61, 64.
>>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>>second time at the VHR job site at the Newark Airport to obtain the
>>>>additional information about James DiModica. Tr. 64.
>>>>77. They met Wasserman as he came out of the security area. The
>>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>>parking lot area and the IG Inspectors agreed. Id.
>>>>78. The IG Inspectors told Wasserman they needed more information
>>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>>with them and stated he was very concerned that someone had broken
>>>>into his house three days after the May 1996 interview with the IG
>>>>Inspectors. Tr. 66.
>>>>79. Wasserman refused to reply to questions about James DiModica
>>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>>left the building. Id.
>>>>80. Outside the building, IG Inspectors again requested that
>>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>>66-67.
>>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>>interview, and thereby obstructed the IG investigation.
>>>>CHARGE X
>>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>>testifying that he had been elected by the general membership to be
>>>>the Business Agent for Local 342 despite knowing that the general
>>>>membership did not elect him and that he instead was appointed to the
>>>>position.
>>>>82. I find the fact that Wasserman's statements that he was
>>>>elected rather than having been appointed, was not a material fact and
>>>>was not in violation of the EPC.
>>>>CHARGES XI-IV
>>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>>testified at his deposition, that he never demanded a Christmas gift
>>>>from a contractor, that he never demanded things of value from a
>>>>contractor in exchange for labor peace, that he never attempted to
>>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>>or approached contractors with James DiModica. The preponderance of
>>>>the evidence proves that Wasserman did perform all of these acts and
>>>>when he was asked about them under oath he denied his participation.
>>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>>July 8, 1997 deposition that he never knowingly associated with
>>>>members or associates of organized crime. See GEB Ex. 1. The
>>>>preponderance of the evidence shows he gave false testimony when he
>>>>was asked about his connections with organized crime and he denied
>>>>them.
>>>>Conclusions
>>>>1. During the period of time alleged in the charges, Local 342
>>>>was dominated by members or associates of the Gambino crime family.
>>>>2. There is a preponderance of the evidence that Wasserman
>>>>committed barred conduct by requesting money from VHR Construction in
>>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>3. There is a preponderance of the evidence that Wasserman
>>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>4. There is a preponderance of the evidence that Wasserman
>>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>>5. There is a preponderance of the evidence that Wasserman
>>>>committed barred conduct by demanding money in exchange for labor
>>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>>and the EPC.
>>>>6. There is a preponderance of the evidence that Wasserman
>>>>committed barred conduct by offering to allow E & S Construction to
>>>>pay LIUNA members less than union-scale wages and benefits in
>>>>violation of 186 ' (b)(1) and the EPC.
>>>>7. There is a preponderance of the evidence that Vincent
>>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>>is an associate of the Gambino family.
>>>>8. There is a preponderance of the evidence that Wasserman
>>>>knowingly associated with members of organized crime, thereby
>>>>committing barred conduct under the EDP.
>>>>9. The evidence clearly demonstrates that Wasserman's
>>>>associations with organized crime directly affected the affairs of the
>>>>union. Wasserman took a known LCN associate on his visits to
>>>>contractors and demanded payments in exchange for labor peace and
>>>>permission to use either non-union labor or non-union scale wages and
>>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>>to extort contractors.
>>>>10. There is preponderance of the evidence that Wasserman
>>>>committed barred conduct by giving false testimony at his deposition
>>>>when questioned about his association with organized crime and his
>>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>>Construction.
>>>>11. Wasserman's statement that he was elected to be a Business
>>>>Agent of Local 342, rather than appointed was not a material
>>>>misstatement and did not obstruct the GEB Attorney.
>>>>Decision
>>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>>the evidence. Charge X has not been proved by a preponderance of the
>>>>evidence.
>>>>Penalty
>>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>>permanently barred from holding an office in or being employed by
>>>>Local 342 or from being an officer or being employed by any LIUNA
>>>>affiliated entity or fund.
>>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>>10 days of the date this Order.
>>>>Peter F. Vaira
>>>>INDEPENDENT HEARING OFFICER
>>>>
>>>>
>>>>--------------------------------------------------------------------------------
>>>>
>>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>>17, 1998).
>>>>
>>>>
>>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>>More information. April 3, 2001, Tuesday
>>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>>restaurants and pizza parlors in New York City and surrounding area;
>>>>various reasons cited"
>>>>
>>>>Hillary Clinton has long masqueraded as a champion of women's
>>>>rights, yet the
>>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>>helping the
>>>>rights of women, actually harmed women.
>>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>>...the West has helped to create the demand, by stationing tens of
>>>>thousands of
>>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>>soldiers and
>>>>international workers, but their presence has greatly fuelled the
>>>>demand for
>>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>>which picked up
>>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>>increased
>>>>since the Kosovo war. Finally, the West has helped to create the
>>>>link between
>>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>>Albanian
>>>>Mafia which now controls this market. The fact that there is so
>>>>much reporting
>>>>now on the matter of sex slaves may be an indication that the powers
>>>>that be in
>>>>the West are beginning to ditch those whom they portrayed during the
>>>>spring of
>>>>1999 as passive and innocent victims....
>>>>
>>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>>and that a
>>>>very large number of prostitutes there are effectively slaves.
>>>>Although not all
>>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>>Albania - it
>>>>has been affirmed by one of the leading authorities on prostitution
>>>>that they
>>>>are kept in captivity. "All the women currently on the streets (of
>>>>Italy) are
>>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>>Romanians and the
>>>>women from Eastern European countries all have their passports taken
>>>>away by
>>>>their pimps. There is not one metre of street in which prostitution
>>>>is not
>>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>>Verona who
>>>>has founded a charity which works with prostitutes. Benzi goes
>>>>on, "The
>>>>Albanians operate in family clans, in `joint ventures' with the
>>>>Mafia in Eastern
>>>>Europe and Italy. No new pimp can start operating in Italy without
>>>>paying a
>>>>percentage to the person who already controls the territory. Any
>>>>mistakes are
>>>>punished by death. For the Albanians, vendetta is second nature:
>>>>the concept
>>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>>Association of the Community of Pope John XXIII, 48% of the
>>>>prostitutes in Italy
>>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>>old); and 26%
>>>>have been kidnapped and taken from their countries of origin by
>>>>force.[8]
>>>>source:
>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>Hillary Clinton has also masqueraded as someone concerned about
>>>>Children's
>>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>>Clinton
>>>>actually harmed children too.
>>>>"Sexual exploitation of children
>>>>An especially appalling aspect of the trade in human beings is the
>>>>sexual
>>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>>Petersel,
>>>>the Director of Save the Children in Moldova, whose organisation has
>>>>started to
>>>>house and rehabilitate young women and girls who have been forced
>>>>into sex
>>>>slavery. The youngest victim with which they have dealt was nine
>>>>years old.
>>>>260 victims of sex slavery have been housed and helped by Save the
>>>>Children
>>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>>Albania,
>>>>Macedonia, Italy, and Greece.
>>>>References for further reading:
>>>>Trafficking in Migrants,
>>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>>Milan, May
>>>>1999
>>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>>Paoline
>>>>Editoriale Libri, 1999
>>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>>liberazione del
>>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>>Editrice, Rome,
>>>>2000.
>>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>>18th April
>>>>2000
>>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>>Moldova,
>>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>>Parliament.
>>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>>Monde, 1st
>>>>December 2000
>>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>>Albanian Daily
>>>>News, 5th October 2000
>>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>>1st July 1999
>>>>[6] Ibid.
>>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>>http://www.mess-s-
>>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>>itute.htm
>>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>>della
>>>>prostituzione,
>>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>>recently
>>>>attacked the Mafia activities of the Montengrin president, Milo
>>>>Djukanović.
>>>>See La Repubblica, 12th January 2001
>>>>source:
>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>>Italy's sexual slave trade
>>>>
>>>>
>>>>Many prostitutes in Italy come from Albania
>>>>In the first of two special reports, the BBC's Brian Barron
>>>>investigates Italy's
>>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>>the
>>>>business.
>>>>It is estimated that there could be more than 40,000 foreign
>>>>prostitutes on the
>>>>streets of Italy - and the numbers are increasing.
>>>>The streetwalkers venture out every night after 10, on the edge of
>>>>big cities
>>>>like Rome.
>>>>Each trip was awful but that was my choice. If I returned to
>>>>Albania I was
>>>>dead.
>>>>Prostitute
>>>>In the Eor district, they are Albanian or from other former
>>>>communist countries.
>>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>>travelled to
>>>>Italy through their own efforts.
>>>>One streetwalker whose identity must be kept secret recalls her
>>>>particular
>>>>journey.
>>>>"I came by boat," she says.
>>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>>people with
>>>>my own eyes."
>>>>"Each trip was awful but that was my choice. If I returned to
>>>>Albania I was
>>>>dead."
>>>>"Dead or alive - this was my only choice."
>>>>Tarantelli: Women are held in slavery
>>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>>are slaves.
>>>>"They are brought here," she says.
>>>>"Their passports are destroyed often, usually as a matter of fact
>>>>they are
>>>>tortured to break their wills."
>>>>"They're moved around from place to place so they don't know where
>>>>they are.
>>>>They don't speak the language."
>>>>"They're terrified and they can't escape. They're held in slavery."
>>>>Poverty
>>>>
>>>>For many of the girls, the journey began in their Albanian homeland.
>>>>In Durres, most people are out of work, surviving on remittances
>>>>from relatives
>>>>abroad, like the girls on the streets of Italy.
>>>>In its poverty and human desperation it is typical of countless
>>>>Albanian
>>>>communities.
>>>>Once Albania was an all-powerful communist police state. It is now a
>>>>country
>>>>beyond the rule of law.
>>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>>difficult time
>>>>stamping out the smuggling of young girls.
>>>>Durres: Lawlessness and poverty prevail
>>>>"We have had some success against traffickers in prostitutes," he
>>>>says.
>>>>"We've arrested at least three. But a big problem is what to do with
>>>>the girls
>>>>caught up in the system, especially if they come from outside
>>>>Albania."
>>>>"The fact is we do not have any organisation for helping them."
>>>>"At times we've had to keep the girls in prison because there's
>>>>nowhere for them
>>>>to go."
>>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>>of the
>>>>Albanian mafia being intercepted by Italian security forces.
>>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>>It was trying to land a batch of illegal immigrants on Italy's
>>>>Adriatic coast.
>>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>>60 miles an
>>>>hour, evaded the helicopters and ships trying to encircle them.
>>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>>Catholic
>>>>charity, has launched another kind of assault on the Albanian mafia.
>>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>>witness protection
>>>>programme for former prostitutes from Albania and Eastern Europe.
>>>>Hope for some of the women in the witness protection programme
>>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>>he says.
>>>>"It's not an easy decision to make. So these girls must have the
>>>>courage to do
>>>>it.
>>>>"To cut all ties with the past. By pointing the finger at those who
>>>>abuse them
>>>>there is the chance that some of the guilty will be brought to
>>>>justice."
>>>>Eighty girls have collaborated. They have been rewarded with the
>>>>right to remain
>>>>in Italy and, when necessary, new identities.
>>>>However, 500 declined because they were afraid of the godfathers.
>>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>>
>>>>
>>>>
>>>>
>>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>>Pellegrino
>>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>>Was Johnny
>>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>>know please
>>>>post your materials and sources for them.
>>>>
>>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>>20th, 1940.
>>>>
>>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>>
>>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>>the
>>>>imagination. DioGuardi specialized, among other things, in
>>>>victimizing Jews.
>>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>>less
>>>>directly, as they became unwitting customers. The article below
>>>>notes that "A
>>>>salesman for the company testified in 1969 that often the meat they
>>>>delivered to
>>>>retailers was "sometimes light green and sweaty and often was an
>>>>atrocity to
>>>>perpetrate on our customers."
>>>>
>>>>
>>>>
>>>>
>>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>>Queens, New
>>>>York, listening to a tape recording of the conversations coming out
>>>>of a bug-a
>>>>tiny wireless microphone and radio transmitter hidden in the office
>>>>of Norman
>>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>>to evidence
>>>>that illustrated with chilling clarity that the Mafia controlled an
>>>>industry
>>>>that robbed the public of more than just its money. It was also
>>>>stealing its
>>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>>kept
>>>>cropping up. The cops knew who he was.
>>>>
>>>>
>>>>
>>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>>viscous snarl
>>>>as he slugged a United Press photographer outside a Senate committee
>>>>hearing
>>>>room, appeared on front pages of newspapers all over the country,
>>>>because it so
>>>>perfectly matched the average person's preconception of what a Mafia
>>>>thug should
>>>>look like.
>>>>
>>>>
>>>>As the police developed their investigation into the Merkel Meat
>>>>Company and the
>>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>>that the
>>>>Lucchese crime family was earning big money from its involvement in
>>>>the movement
>>>>of substandard and, at times actually rotten meat, that was being
>>>>sold into the
>>>>retail marketplace.
>>>>
>>>>
>>>>Dioguardi was a master fixer and controller of locals and unions
>>>>and, through
>>>>this influence, was able to manipulate opportunities for himself and
>>>>the
>>>>Lucchese family in a wide range of areas.
>>>>
>>>>
>>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>>one
>>>>particular company that showed his ability to corrupt and control.
>>>>
>>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>>salary of $250
>>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>>taken over
>>>>control of the business. He used this company as a vehicle to gain
>>>>control of
>>>>the low price kosher meat business. Essentially his method was to
>>>>take over an
>>>>organization, buy in supplies and create an extended line of credit,
>>>>never pay
>>>>his debtors, and when the business went bust, move on to the next
>>>>one.A salesman
>>>>for the company testified in 1969 that often the meat they delivered
>>>>to
>>>>retailers was "sometimes light green and sweaty and often was an
>>>>atrocity to
>>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>>went
>>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>>another
>>>>company called Tel Aviv. That company also went belly-up in due
>>>>course and he
>>>>then set up a firm called First National Kosher Provisions. And so
>>>>it went on.
>>>>Eventually the law caught up with him and he was indicted, and in
>>>>1967 was
>>>>sentenced to five years in prison and fined $10,000. By this time,
>>>>Dioguardi had
>>>>been connected to the Lucchese family for over thirty years.
>>>>Johnny Dio under arrest(AP)
>>>>
>>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>>on Forsythe
>>>>Street in Little Italy where his father Dominick owned a bicycle
>>>>shop there. By
>>>>1930, he was already at age fifteen an apprentice young hood. After
>>>>a year and a
>>>>half at Stuyvesant High School, he left to begin work. Through the
>>>>influence of
>>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>>and upcoming
>>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>>extortionist
>>>>working the Garment Center. He was also, as legend has it, one of
>>>>the gangsters involved in the so called "Murder Inc." group
>>>>that worked
>>>>out of Brownsville, East New York, in the 1930's carrying out
>>>>murders....Darkly handsome-so dark that he
>>>>was called
>>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>>pleasant smile,
>>>>well dressed, well barbered and well manicured, he was always
>>>>careful to give
>>>>the appearance of an urbane and successful businessman.In 1935,
>>>>Thomas Dewey,
>>>>the crusading New York DA, listed Dioguardi as among the most
>>>>dangerous hoods in
>>>>the city. And all this before he was twenty-one years old! In 1937
>>>>he got a
>>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>>his uncle
>>>>and several other mobsters for extortion and assault. They had been
>>>>extracting
>>>>$5000 from every trucker in the garment district, plus demanding a
>>>>premium on
>>>>every suit and coat made in the area.In 1944, he was indicted for
>>>>operating an
>>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>>and convicted
>>>>for failure to pay state income tax in connection with his continued
>>>>shakedown
>>>>of operators in the garment district. For that, he got sixty days.In
>>>>November
>>>>1957, he went on trial with some Teamster officials for shaking down
>>>>owners of
>>>>stationery stores. After a four week trial, he was convicted and
>>>>sentenced to
>>>>two years in jail.By the time he was forty, he was a "made man" in
>>>>the Gagliano
>>>>family which was now referred to as the Lucchese family, operating
>>>>as a capo, or
>>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>>in the family
>>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>>a member of
>>>>organized crime, generating in excess of $100,000 each week. He was
>>>>so rich, his
>>>>standard Christmas present to his wife was a shoe box stuffed with
>>>>$50,000 and a
>>>>sweet little note such as " buy yourself some nice clothes,
>>>>honey."He lived in
>>>>great style, wining and dining at the best hotels and restaurants in
>>>>town, but
>>>>always reserved Sundays to meet with family and friends, and prepare
>>>>lunch or
>>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>>an
>>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>>home in
>>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>>for $75,000
>>>>in the early 1960's. His legitimate business fronts which
>>>>contributed to his
>>>>significant tax returns each year, included many highly profitable
>>>>clothing
>>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>>which sold
>>>>promotional items to commercial establishments. One of their major
>>>>customers was
>>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>>legendary in the
>>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>>to Los
>>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>>Mafia
>>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>>labour from
>>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>>every important
>>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>>Senate
>>>>investigations named Dioguardi as one of the masterminds that
>>>>manipulated the
>>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>>airport that
>>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>>to become
>>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>>friend,
>>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>>the New York
>>>>area locals supported Hoffa, and this was necessary to swing enough
>>>>voters to
>>>>support his control of the mid western region, secured through the
>>>>Chicago Mob's
>>>>help. The solution was to create more locals: enough to establish a
>>>>majority.
>>>>This was done by setting up "paper" locals-locals with few if any
>>>>members-that
>>>>could swing the balance in the New York voting.Dioguardi engineered
>>>>the creation
>>>>of seven new Teamster unions. The extra supply of delegates from
>>>>these
>>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>>convention.
>>>>These seven locals were basically sham fronts, composed not of
>>>>working people,
>>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>>nomination.With hindsight
>>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>>Department,
>>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>>imprisonment
>>>>in 1967, release in 1971 and the events that led up to the fateful
>>>>rendezvous on
>>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>>went there to
>>>>meet up with three men. It was a rendezvous from which he never
>>>>returned,
>>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>>Briguglio, a
>>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>>testator who
>>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>>undoubtedly one of the
>>>>most powerful members of the Lucchese crime family. His influence
>>>>was felt in
>>>>many areas, particularly those relating to labor. He is remembered
>>>>however, more
>>>>than anything, for one especially terrible act.In the early hours of
>>>>Thursday
>>>>April 5th, 1956, a nationally known newspaper columnist and
>>>>commentator on labor
>>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>>41-year-old
>>>>Riesel was a crusading journalist, specializing in investigating
>>>>union
>>>>corruption and Mob-influenced officials. Writing for the Daily
>>>>Mirror, his
>>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>>two workers
>>>>from Local 138 of the International Operating Engineers Union out of
>>>>Long
>>>>Island. Run by father and son both called William DeKoning, they and
>>>>their local
>>>>were involved in shaking down contractors and were under
>>>>investigation by
>>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>>secretary, Betty
>>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>>late
>>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>>approached them and
>>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>>Hospital,
>>>>surgeons were unable to save his eyesight.
>>>>Victor Reisel
>>>>A federal investigation established the attacker was a twenty-two-
>>>>year-old hood
>>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>>Carlino and
>>>>paid $1,175 to do the job. The money had apparently been put up by
>>>>Dioguardi. As
>>>>publicity mounted, Tevi became convinced that he had been grossly
>>>>underpaid to
>>>>carry out a piece of work on such an important person and demanded
>>>>$50,000. What
>>>>he got instead was two bullets in the head, and his body was found
>>>>on July 28th,
>>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>>Although some
>>>>people were tried and convicted of the attack on Reisel, the two
>>>>prime witnesses
>>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>>and all
>>>>charges against Johnny Dio were dropped in May, 1957.
>>>>The assault on Victor Reisel brought a lot of pressure down on
>>>>Johnny Dio. The
>>>>very action that was aimed at removing a source of irritation,
>>>>resulted in far
>>>>more damage to his activities that could possibly have occurred had
>>>>the assault
>>>>not taken place.Despite all the other criminal acts that he was
>>>>involved in or
>>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>>Victor
>>>>Reisel." That reputation more than anything else guaranteed that the
>>>>police, FBI
>>>>and the media would never stop hounding him, and as a result, he
>>>>would
>>>>eventually spend the rest of his prime years in prison for other
>>>>crimes he
>>>>committed.Dioguardi always on the lookout for new rackets,
>>>>discovered the boom
>>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>>acquired
>>>>from a failing company for little or no money; the market would be
>>>>rigged in the
>>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>>then the
>>>>shares would be sold at vastly inflated prices-leaving the investors
>>>>to hold the
>>>>bag when the fraud was eventually exposed. However fate and the law
>>>>finally
>>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>>boss in the
>>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>>charges
>>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>>1973, and
>>>>sentenced to a further prison sentence, concurrent to the one he was
>>>>already
>>>>serving at Danbury Prison in connection with one of his kosher meat
>>>>company
>>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>>the same
>>>>year.
>>>>Johnny Dio going to prison one last time
>>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>>started young
>>>>at fifteen and had a perfect introduction into the world of crime
>>>>through the
>>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>>and polish
>>>>in an enviable mixture. He made the right kind of connections from
>>>>an early age.
>>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>>these
>>>>contacts throughout his career as a means of levering his scams and
>>>>extortion's
>>>>into huge, money-spinning ventures for himself and his crime family.
>>>>Like many
>>>>criminals, he obviously had the brains and ability to have succeeded
>>>>in
>>>>legitimate business, had he been that way inclined. The highest
>>>>earners in the
>>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>>lowest soldiers
>>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>>of their
>>>>scheming and scamming.
>>>>When he died in a Pennsylvania prison hospital, his passing
>>>>attracted no
>>>>newspaper attention. All his wealth and power and almost fifty years
>>>>of criminal
>>>>depravity seemed to count for nothing at all. It was as though he
>>>>had never
>>>>existed."
>>>>source:
>>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>>
>>>>2.html
>>>>
>>>>
>>>>"February 2001In The Money: Congressman James Traficant And His
>>>>Campaign
>>>>ContributorsBy James Ridgway de Szigethy
>>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>>corrupted labor
>>>>Unions and Middle Eastern political operatives are among those who
>>>>have
>>>>contributed to the past two re-election campaigns of Congressman
>>>>James
>>>>Traficant, an analysis of Federal Election Commission records
>>>>reveals. These
>>>>records, which are required filings under Federal Election law,
>>>>reveal 219
>>>>donations by individuals and 212 donations by Unions and Political
>>>>Action
>>>>Committees. 47 of the personal contributions came from outside the
>>>>State of
>>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>>individuals that
>>>>indicate a Middle Eastern background of the contributor. Among
>>>>the
>>>>contributors whose names would probably be recognized by most
>>>>Youngstown
>>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>>Russell
>>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>>and Gerald
>>>>Bostocky. Among the contributors whose names would probably NOT
>>>>be
>>>>recognized by most Youngstown residents are Virginia residents Ali
>>>>Asghar
>>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>>Javad
>>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>>Georgia
>>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>>Hessein
>>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>>Mahmoud
>>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>>a former
>>>>investigator for the District Attorney's office in Youngstown, was
>>>>indicted last
>>>>December on charges he bribed Judges to fix Court cases. Ed
>>>>Flask accepted
>>>>a plea bargain last year in which he pleaded guilty to felony
>>>>charges in regards
>>>>to his rip-off of nearly $2 million while running the public water
>>>>utility in
>>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>>bribery trial
>>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>>Mafia
>>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>>Traficant
>>>>bragging about how he laundered through Flask's law office part of
>>>>the $163,000
>>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>>that
>>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>>Flask which
>>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>>and murdered.
>>>>B & T Express employee Sam Traficanti was present during some of the
>>>>secret tape
>>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>>Traficant,
>>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>>Express also
>>>>donated to Traficant's campaign records show. Traficanti is not
>>>>related to
>>>>Congressman Traficant. Last September, the Congressman's employee
>>>>Anthony
>>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>>Cleveland.
>>>>Congressman Traficant has also received campaign contributions from
>>>>Youngstown
>>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>>has entered
>>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>>Terlecky, a
>>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>>bribes from
>>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>>same
>>>>authorities that are now involved in the investigation of
>>>>Congressman Traficant,
>>>>including two public figures who attended an anti-Mafia summit
>>>>meeting recently
>>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>>chairman of the
>>>>Mahoning County Board of Elections who is seeking information the
>>>>Congressman
>>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>>officials in
>>>>Youngstown. Terlecky also claims that it was he who found the
>>>>infamous
>>>>Carabbia tapes months before the FBI during an illegal search and
>>>>seizure
>>>>regarding an investigation into the murder of yet another Youngstown
>>>>Mafia
>>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>>that include
>>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>>recorded
>>>>months later than Terlecky's claims, when Traficant had just been
>>>>elected
>>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>>agent in
>>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>>1962. During
>>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>>fireworks
>>>>distributor Bruce Zoldan testified that Chance shook him down
>>>>for `tribute
>>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>>in with
>>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>>raided Zoldan's
>>>>fireworks business two days before their busiest moneymaking period,
>>>>the Fourth
>>>>of July. Zoldan would also testify that the Gambino Family led by
>>>>John Gotti
>>>>extorted a huge sum of money from him in order to do business in New
>>>>York. The
>>>>murder of Mafia figure Joey Naples, who was among those who
>>>>contributed to the
>>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>>for control
>>>>of the fireworks business. David Sugar pleaded guilty last year
>>>>to
>>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>>evidence
>>>>from the Grand Jury in Cleveland investigating financial dealings
>>>>between Sugar,
>>>>his construction company, and Congressman Traficant. Sugar is
>>>>expected to
>>>>testify against Traficant at any future criminal proceedings, as is
>>>>Traficant's
>>>>former employee on his horse farm, Clarence Broad. In November of
>>>>last year,
>>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>>a woman who
>>>>was expected to give damaging testimony against Traficant before the
>>>>Grand Jury
>>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>>those who have
>>>>given money to Traficant's campaign, responded by alleging in
>>>>Federal Court that
>>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>>guilty. Judge
>>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>>claims and
>>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>>2000
>>>>Traficant accepted donations from controversial activist James
>>>>Zogby, President
>>>>of the Arab American Institute. Zogby was recently in the news last
>>>>October,
>>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>>outrage
>>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>>terrorism expert
>>>>Steven Emerson: "Zogby has not only made comments that are
>>>>incendiary but he has
>>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>>supported the
>>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>>bombing of
>>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>>December, 1988,
>>>>killing 270 people, including 35 Syracuse University students.
>>>>On June 29,
>>>>1993, Senator John McCain entered into the Congressional Record a
>>>>public
>>>>challenge to the FBI and the Justice Department to share information
>>>>on the
>>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>>organization that
>>>>was involved in a clandestine effort to influence public policy
>>>>through an
>>>>organized campaign of directing contributions to the campaigns of
>>>>selected
>>>>members of Congress. Said the Senator: "Given the charges made in a
>>>>previous FBI
>>>>report that the PMOI has a history of terrorism, an anti-Western
>>>>ideology, and
>>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>>concern to all
>>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>>East Data
>>>>Project, identified four members of Congress as recipients of
>>>>campaign donations
>>>>from alleged associates of the PMOI. Those four were Robert
>>>>Torricelli of New
>>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>>Traficant of
>>>>Ohio. To date, none of these individuals have been charged with
>>>>making illegal
>>>>campaign contributions. However, Senator Torricelli is currently in
>>>>the news
>>>>defending himself against a Chinese fundraiser named David Chang,
>>>>who has
>>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>>1996 campaign.
>>>>Numerous recent Media reports show that the Feds are now nearing the
>>>>conclusion
>>>>of an investigation that began with reports of impropriety regarding
>>>>contributions to Torricelli's 1996 campaign. Congressman
>>>>Traficant has
>>>>developed a huge following in the Arab and Muslim countries in the
>>>>Middle East
>>>>because of his passionate public support for accused terrorists
>>>>Abdel Basset Ali
>>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>>bombing of Pan Am
>>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>>trial in
>>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>>camp guard
>>>>responsible for the murders of thousands of Jews during World War
>>>>II. Demjanjuk
>>>>was convicted and sentenced to death, although the Israeli Supreme
>>>>Court later
>>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>>to personally
>>>>escort the accused murderer back to the United States. In the
>>>>case of the
>>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>>in this
>>>>matter at a press conference in 1989, at which he claimed that the
>>>>bombing was
>>>>the result of a joint Syrian/CIA operation. ABC News London
>>>>correspondent Pierre
>>>>Salinger then picked up the story, utilizing Traficant, government
>>>>informant
>>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>>Coleman
>>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>>story was a
>>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>>fraud
>>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>>Aviv's
>>>>indictment Congressman Traficant found a replacement in Boris de
>>>>Korczak as his
>>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>>is best known
>>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>>he had been
>>>>recruited by the CIA as a double agent against the KGB, that
>>>>his `cover' had
>>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>>with the
>>>>KGB during a car chase through the streets of Copenhagen, and that
>>>>his CIA case
>>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>>$300,000 in
>>>>exchange for the promise of help in obtaining the pension he claimed
>>>>was owed
>>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>>kidney 4
>>>>months later by an unknown assailant armed with a pellet gun. The
>>>>CIA denied
>>>>Boris' claims he was owed monetary compensation and also denied any
>>>>of its
>>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>>and the
>>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>>and his
>>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>>Al-Megrahi
>>>>was recently convicted as the terrorist who planted the bomb that
>>>>destroyed Pan
>>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>>addition to
>>>>receiving campaign money from convicted Mafia figures and Middle
>>>>Eastern
>>>>political operatives, FEC documents also detail contributions made
>>>>to
>>>>Traficant's campaign from Unions that have been involved in
>>>>corruption scandals
>>>>in recent years. Those Unions include the American Federation of
>>>>State, County,
>>>>& Municipal Employees, the Communications Workers of America, the
>>>>Transport
>>>>Workers Union, and the UFCW. Traficant has also received
>>>>donations from the
>>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>>President
>>>>campaign, and the National Education Association Fund for Children
>>>>and Public
>>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>>Association of
>>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>>degree to
>>>>have ever beaten a Federal racketeering trial by acting as his own
>>>>attorney.
>>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>>confession
>>>>after agents played for him excerpts from the Carabbia tapes.
>>>>Traficant then
>>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>>Flask's
>>>>partner, who is today the President of the Cleveland Browns
>>>>professional
>>>>football team. However, after Traficant went public with charges
>>>>that just about
>>>>every public official in Youngstown was involved with the Mafia,
>>>>Policy dumped
>>>>Traficant as his client. Traficant then made a bold - and some would
>>>>say insane
>>>>- decision to renounce his confession and stand trial, acting as his
>>>>own
>>>>attorney. Traficant explained to the jury that he only accepted the
>>>>Mafia bribe
>>>>money so he would know whom to arrest for corruption once elected
>>>>Sheriff. After
>>>>four days of deliberations, the jury returned a verdict that stunned
>>>>the
>>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>>Traficant then
>>>>turned the publicity over his acquittal to his advantage and was
>>>>elected to
>>>>Congress in 1984. However, three years later he was again in Court,
>>>>facing civil
>>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>>Representing him was
>>>>attorney George Alexander, who has since been convicted of
>>>>racketeering with the
>>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>>civil trial
>>>>and ordered to pay back taxes, fines, and interest. For many
>>>>months now,
>>>>Traficant has been predicting during public appearances that he
>>>>expects to be
>>>>indicted - again - by the Federal authorities in Cleveland who have
>>>>to date
>>>>convicted over 70 public officials, many of whom are associates of
>>>>the
>>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>>JAMESDE@prodigy.net.
>>>>
>>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>>above material appeared in
>>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>>just Google that title to read the rest of the material
>>>>
>>>>material below is from:
>>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>>other unions, such as the Union of Painters and Allied Trades,
>>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>>(1978).
>>>> 19. See infra Table II.
>>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>>
>>>>material below appeared at
>>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>>Fuel Tax Evasion Highlights, March 1995
>>>>Volume 4, Number 1 March 1995
>>>>
>>>>--------------------------------------------------------------------------------
>>>>IN THE NEWS
>>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>>1980's who turned government informant and was subsequently booted out
>>>>of the witness protection program and is now wanted by Texas
>>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>>before he and 7 others were to begin trial. Balagula is already
>>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>>Dept. of Justice Press Release, 11/4/94
>>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>>Columbus Dispatch, 12/24/94
>>>>The worldwide activities of Russian organized crime and its ability to
>>>>bilk companies, governments and individuals out of billions of dollars
>>>>through sophisticated fraud and theft schemes is described in two
>>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>>6/94
>>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>>State Journal, 11/1/94
>>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>>charges growing out of the Operation Red Daisy investigation conducted
>>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>>12/16/94
>>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>>free diesel fuel and used transformer oil from suppliers and utility
>>>>companies using false documents showing the fuel was destined for
>>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>>Week, 5/30/94;
>>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>>excess of $475,000. Press Release, Travis County D.A.
>>>>The State of Maryland filed tax assessments of over $300,000 against
>>>>two trucking companies and a fuel oil distribution firm for using home
>>>>heating oil in trucks. Six other companies are expected to receive
>>>>assessments. The assessments stem from a joint investigation by the MD
>>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>>6/20/94; Washington Times, 6/10/94
>>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>>Star, 1/14/95
>>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>>to 54 criminal counts, including failing to pay more than $24 million
>>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>>substandard gas in connection with their 200 gas stations. Under a
>>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>>than 8 years in State prison. The amount of restitution could be as
>>>>much as $800 million. The Lazars operated California Target
>>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>>Service Stations, and Challenge Marketing. The firms are pending
>>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>>9/26/94; L.A. Times, 9/27/94
>>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>>Revenue Department special agents who are trained in investigating
>>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>>TX)
>>>>DYED DIESEL ENFORCEMENT
>>>>Truckers are warned not to run on red diesel and urged to do visual
>>>>checks when refueling.
>>>>Transport Topics, 10/24/94
>>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>>11/7/94
>>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>>WANT TO KNOW MORE?
>>>>For more information or updates to the mailing list, call Linda
>>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>>20590.
>>>>FAX back address corrections or additions to: 202-366-7696
>>>>
>>>
>>>I agree completely with that one part about that one guy
>>>who said something about something or other.
>>>
>>>Discuss!
>>
>>I'm proud to be a union man. I pay my dues when I can... yeah.
>
>
> Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
> to chat with you anyway, you know, just to "see how the other half
> live," and all. Anyway, what's up?

Not much here, i had a favorite fan of yours talking to one of my
bots, recently.

--
And lo, it was evening and it was morning and there
were already two ways to store Unicode.
http://video.google.com/googleplayer.swf?docId=8245476550623867087

 

[Wavy G]

Don't fight it, ??? rrock...Just lie down and try to relax:

>
>
>Wavy G wrote:
>
>> Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:
>>
>>
>>>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>>>wrote:
>>>
>>>
>>>>
>>>>reallyveryradical wrote:
>>>>
>>>>
>>>>>Can We Stop The Demobrocrats
>>>>>
>>>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>>>primary, as the campaigns of 2008 presidential candidates seek
>>>>>endorsements from the major labor federations and member unions.
>>>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>>>Obama has an economics speech in New York City in the morning and
>>>>>Clinton delivers her plan to deliver universal health care coverage in
>>>>>Iowa.
>>>>>
>>>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>>>attend"
>>>>>above from
>>>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>>>
>>>>>In the Matter of Alan D. Wasserman
>>>>>
>>>>>Laborers' International Union of North America
>>>>>Independent Hearing Officer
>>>>>Docket No. 97-57D
>>>>>Decided October 7, 1998
>>>>>Order and Memorandum
>>>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>>>matter is discussed below in detail.
>>>>>This matter comes before the Laborers' International Union of North
>>>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>>>Specifically, Wasserman is charged with knowingly associating with a
>>>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>>>labor payoffs from contractors, offering to allow employers to pay
>>>>>LIUNA members less than union-scale wages and benefits, and
>>>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>>>client was depressed and unable to assist him in his defense. In
>>>>>support, Gold presented a letter of a medical doctor who stated that
>>>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>>>such a disorder rendered him unable to assist in his defense but
>>>>>merely indicated that Wasserman's ability to testify was impaired.
>>>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>>>defense. I decided to proceed with the hearing but told Gold that if
>>>>>he desired an additional session to present new evidence based on the
>>>>>cooperation of his client, he should inform me and a hearing would be
>>>>>arranged.
>>>>>At the conclusion of the hearing, I instructed both parties to inform
>>>>>me by June 15, 1998, whether they wished the record to remain open
>>>>>pending the submission of additional evidence. The parties were also
>>>>>instructed to submit post-hearing briefs three weeks following June
>>>>>15, 1998. I stated "You have until June 15th to let me know what
>>>>>other plans you have, whether to close or keep the record open."
>>>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>>>original and one copy of all exhibits presented at the May 27, 1998
>>>>>hearing. Wasserman filed no response to the motion to admit the
>>>>>confidential witness testimony.
>>>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>>>communication with my office. Attorney Gold made no effort to contact
>>>>>my office regarding his client's mental status or his intention to
>>>>>offer any additional evidence. I filed the August 28 Order which
>>>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>>>Gold by letter to my office complained of not having had an
>>>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>>>letter was Wasserman's first contact with my office in over three
>>>>>months. I issued an Order placing the August 28 Order in suspense and
>>>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>>>September 4, 1998. I permitted both parties to file written
>>>>>objections and conclusions to the proposed order with arguments to
>>>>>support their conclusions. I clearly stated that objections and
>>>>>arguments were to be filed by September 28, 1998. Despite the
>>>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>>>indicating he wished to discuss a timetable for the completion of
>>>>>evidence after October 1, 1998, including the possibility of having
>>>>>his client testify. I denied Gold's request to hold the record open
>>>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>>>1998, to file objections to the August 28 Order. I also requested
>>>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>>>asserted that Wasserman was able to appear and testify; however, he
>>>>>did not submit any proposed testimony by Wasserman as requested. I
>>>>>find that there is no credible evidence that Wasserman ever intended
>>>>>to appear.
>>>>>Qualification Of Expert Witnesses
>>>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>>>("Schaffler") as expert witnesses.
>>>>>Jack Elko
>>>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>>>of those years, Elko specialized in organized crime investigations for
>>>>>the Division of Criminal Justice of the Office of the Attorney General
>>>>>of New Jersey. Id. Prior to his employment with the Division of
>>>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>>>County in Morristown, New Jersey. He attended numerous service
>>>>>schools, including the New Jersey State Police Academy, courses
>>>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>>>Elko testified in this proceeding as an expert in the make-up and
>>>>>structure of organized crime, specifically in the Newark area. This
>>>>>technique has been accepted in similar union disciplinary matters.
>>>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>>>Elko used tested and accepted investigative techniques to verify the
>>>>>credibility of the individuals whose information he related at the
>>>>>hearing. Elko testified as to information and hearsay statements of
>>>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>>>weight to hearsay declarations of three LCN members that were related
>>>>>by an FBI agent. The court used a number of factors to evaluate the
>>>>>reliability of the statements. The court noted that the statements
>>>>>corroborated each other in crucial respects, the reports painted a
>>>>>consistent picture of the relationship of the individuals and the
>>>>>statements matched the FBI agent's declaration in the subject matter.
>>>>>Id. The court held that these declarations constituted relevant
>>>>>evidence that a reasonable mind might accept on the subject of
>>>>>association with organized crime. Id.
>>>>>I find that Elko is a qualified witness, expert in organized crime
>>>>>matters, and his testimony, in conformance with accepted investigative
>>>>>techniques, is reliable.
>>>>>Elko related information given to him by five named individuals
>>>>>described below, three of whom have cooperated with federal
>>>>>authorities and two of whom are law enforcement officers.
>>>>>Rocco Cagno
>>>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>>>109. Cagno became a made member in 1987; thereafter, he was
>>>>>incarcerated. The record does not reflect the reason for his
>>>>>incarceration.
>>>>>He was released from prison in 1990 and his movements were monitored
>>>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>>>required to gain employment. He became employed by Local 342 through
>>>>>the influence of Colombo family members and Anthony Proto, who was
>>>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>>>to speak with Cagno in October 1997 concerning the various organized
>>>>>crime affiliations within Local 342. Tr. 109.
>>>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>>>both made members of the Lucchese organized crime family and are also
>>>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>>>been the acting boss of the New Jersey faction of the Lucchese
>>>>>family. Id.
>>>>>Steve Montgomery and Lt. Dennis Masucci
>>>>>Elko also based his opinion on information supplied to him by two law
>>>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>>>information provided by Masucci is based upon confidential informant
>>>>>sources proven reliable in the past, who gave Masucci information
>>>>>which resulted in the arrest of organized crime members, including
>>>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>>>Montgomery's information is also based on his personal investigation
>>>>>and confidential sources.
>>>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>>>each other and by the information supplied by Masucci and
>>>>>Montgomery.
>>>>>Jeffrey Schaffler
>>>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>>>He spent his last years as a special agent with the Office of Labor
>>>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>>>an assistant special agent in charge of a DOL investigation office.
>>>>>Id. Schaffler is currently under contract to the Office of the
>>>>>Inspector General of the Port Authority of New York and New Jersey.
>>>>>His duties involve investigation of contractors who do business with
>>>>>the Port Authority, the operation of construction projects, the manner
>>>>>in which construction bids are made, contract fraud and wage and hour
>>>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>>>capacity of an expert in the labor field.
>>>>>I find that Schaffler is a qualified expert witness in the labor
>>>>>field.
>>>>>Findings of Fact
>>>>>Structure of Organized Crime
>>>>>1. The LCN is a tightly structured
>>>>>criminal organization which operates in various cities throughout the
>>>>>United States. It is in the business of crime for a profit.[1]
>>>>>2. The LCN is comprised of groups of individuals organized into
>>>>>entities called families. Tr. 105.
>>>>>3. A typical LCN family structure consists of the head (the
>>>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>>>activities of LCN members and their associates. LCN members within a
>>>>>family operate in small groups called "crews" which are headed by men
>>>>>called "capos" or "crew bosses." Tr. 106.
>>>>>4. A "made member" is an individual within an LCN family who
>>>>>has undergone an initiation process and sworn allegiance to that
>>>>>family putting the family above everything else. Tr. 106. See also
>>>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>>>5. An "associate" is an individual who works under a capo and
>>>>>assists made members, but who has not been formally initiated into the
>>>>>family. Tr. 106. An associate may either earn his living by
>>>>>performing illegal acts on behalf of an LCN family or he may have an
>>>>>ostensibly legitimate job while at the same time assisting a
>>>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>>>129-30.
>>>>>6. Both members and associates engage in activities which bring
>>>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>>>associate could only become a made member by participating in the
>>>>>murder of an individual. In more recent times, an associate may
>>>>>become a made member based upon the benefits he is able to produce for
>>>>>that family, such as earning large sums of money or exercising
>>>>>influence in business or politics. Tr. 106-07.
>>>>>7. A number of LCN families are located in the New York/New
>>>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>>>The LCN's History Of Control Over Local 342
>>>>>8. The evidence presented during the hearing establishes by a
>>>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>>>been subject to LCN control for many years.
>>>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>>>crime families have shared control of Local 342. Tr. 110. The two
>>>>>families shared illegal profits from contractors within their
>>>>>jurisdiction by soliciting money for labor peace and outright
>>>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>>>families were placed on the labor payroll with various contractors
>>>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>>>families later shifted to an arrangement where the Colombo family
>>>>>received preferential treatment for placement of workers at particular
>>>>>contract sites, but no longer shared in racketeering labor profits.
>>>>>Tr. 111-12.
>>>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>>>to the present, the Task Force and other law enforcement entities have
>>>>>documented the Gambino family infiltration of Local 342. Id.
>>>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>>>family in New York. After Castellano's murder in December 1985, he
>>>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>>>of Local 342 for several years prior to the Task Force's creation in
>>>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>>>for racketeering. Tr. 138.
>>>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>>>made member of the Gambino family. Tr. 117, 133.
>>>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>>>month for permission to park the vendor's vehicle on a particular
>>>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>>>with a sledgehammer. Id. The police responded and, after a period of
>>>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>>>approval, the charges were downgraded to simple assault, not pursued,
>>>>>and the vendor immediately left New Jersey and moved to South
>>>>>Carolina. Id.
>>>>>15. At the time of the assault, Andrade was a shop steward of
>>>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>>>time was an employee of Local 342. Id.
>>>>>16. In 1987, the Task Force launched an investigation into
>>>>>organized crime influence in New Jersey. The investigation employed
>>>>>court authorized electronic surveillance and other investigative
>>>>>techniques. The investigation resulted in the indictment of numerous
>>>>>Gambino family members for labor racketeering in New Jersey, one of
>>>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>>>James Proto with his duties. Tr. 134.
>>>>>18. While Andrade was Business Agent and James Proto was Business
>>>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>>>147.
>>>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>>>family in Staten Island, New York. Vallaro's father was a made member
>>>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>>>Following the 1993 convictions of other Gambino family members,
>>>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>>>20. At the time of his move, Vallaro was unknown to law
>>>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>>>presence and involvement in the LCN through electronic surveillance
>>>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>>>information about Vallero which Elko obtained from the surveillance
>>>>>was verified by Cagno. Tr. 136.
>>>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>>>and responsible for the New Jersey area, including all the Gambino
>>>>>family members and associates within Local 342. Tr. 109, 113.
>>>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>>>testified that he learned this fact from intelligence sources,
>>>>>discussions with Cagno and interviews with other organized crime
>>>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>>>23. After Proto's incarceration, Cagno became concerned about the
>>>>>distribution of money and work for the Colombo family members within
>>>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>>>York City Colombo family. Id. Cagno was approached within the next
>>>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>>>24. Cagno and Juicy DiModica, as representatives of their
>>>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>>>DiModica and the Gambino family. Tr. 114.
>>>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>>>labor issues and Local 342. Id.
>>>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>>>Bisaccia were intercepted and monitored. Id.
>>>>>27. In April 1994, a conversation was intercepted between Joseph
>>>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>>>not making any money for them and that they would be broke in two
>>>>>months. Elko testified that he understood this conversation to mean
>>>>>that James Proto was not being forceful enough in extracting money
>>>>>from contractors for Local 342. Id.
>>>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>>>conversation, James Proto remained Business Manager of Local 342 for
>>>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>>>Id.
>>>>>VHR Construction
>>>>>Charge I:
>>>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>or a thing of value from VHR Construction, an employer engaged in an
>>>>>industry affecting interstate commerce, when Wasserman asked for a
>>>>>payoff in form of a "Christmas gift" while being a Union member and
>>>>>representative (29 U.S.C. ?186(b)(1)).
>>>>>Charge II:
>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>employer while being a Union member and representative, in violation
>>>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>>>Practices Code.
>>>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>>>a contractor who desired confidentiality had alleged that Wasserman
>>>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>>>Newark International Airport, and had caused the contractor's
>>>>>equipment to be damaged. The contractor stated specifically that one
>>>>>piece of equipment was filled with concrete and another piece was
>>>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>>>pure hearsay, the specificity of the description of the damage is
>>>>>corroborated later in interviews with a company official.
>>>>>30. The IG sent investigators to Newark to verify the
>>>>>allegations. Id.
>>>>>31. VHR Construction was a general contractor at the Newark
>>>>>Airport and signatory to a collective bargaining agreement with Local
>>>>>342. Tr. 21, 23.
>>>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>>>Construction. Tr. 21.
>>>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>>>company was not the victim of the equipment damage, but he had heard
>>>>>about the incident. Tr. 22.
>>>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>>>35. Wortman said that he and his staff had threatened to dock
>>>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>>>Wortman's office to discuss the issue during the weeks before
>>>>>Christmas of 1995. Id.
>>>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>>>was also a member but not an officer or even a steward of Local 342.
>>>>>Tr. 28-29.
>>>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>>>record is silent as to Wasserman's participation in the request.
>>>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>>>to the meeting to make the request and fully approved of the demand.
>>>>>38. At the hearing in the instant matter, Schaffler testified
>>>>>that, in his expert opinion of the construction industry, labor
>>>>>payoffs are usually made at Christmastime or at the beginning of the
>>>>>summer or late spring. Tr. 167.
>>>>>39. It was also Schaffler's expert opinion, based on his
>>>>>experience, James DiModica's request for a Christmas gift was the
>>>>>solicitation of a bribe. Tr. 165. I find that under the
>>>>>circumstances all parties understood that the meaning of the request
>>>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>>>that Wortman's testimony was corroborated by other testimony, and is
>>>>>reliable.
>>>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>>>the matter of his pay being docked for continually leaving the job.
>>>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>>>weight since Wasserman and Wortman entered into an agreement settling
>>>>>the matter.
>>>>>
>>>>>
>>>>>B.J. McGlone & Co. Inc.
>>>>>Charge III:
>>>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>>>in an industry affecting interstate commerce, when he demanded labor
>>>>>payoffs from an employer while being a Union member and representative
>>>>>(29 U.S.C. ?186(b)(1)).
>>>>>Charge IV:
>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>employer and offered to allow that employer to use non-Union labor or
>>>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>>>so doing violated his obligation as a member of the Union to refrain
>>>>>from interfering with the proper conduct of Union business, in
>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>of the LIUNA Ethical Practices Code
>>>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>>>which provides fireproof material and services. Tr. 47. McGlone
>>>>>performed and worked at the Newark Airport job site in 1994.
>>>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>>>who was involved in managing one of the job sites at the Newark
>>>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>>>name would not be repeated to anyone outside of the interview.
>>>>>Although he requested anonymity, the record is clear that he was an
>>>>>officer of McGlone, that he was involved in the operation of the site,
>>>>>and that he dealt with Wasserman. The probative value of this
>>>>>testimony will be discussed below.
>>>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>>>55.
>>>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>>>conversation about placing safety equipment on the job site. The
>>>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>>>company did not install the equipment and the job commenced. Id.
>>>>>45. Two pieces of equipment were subsequently damaged at the job
>>>>>site. Id. One spray machine was filled with concrete and another was
>>>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>>>170. This description corroborates the description of the damage in
>>>>>the anonymous report made to the IG.
>>>>>46. Schaffler testified that it is common practice when a company
>>>>>does not comply with demands for payoffs from LCN controlled unions,
>>>>>the union may resort to intimidation methods to frighten the company
>>>>>officials. Id. A common method is to damage equipment. Id.
>>>>>47. The officer subsequently had a conversation with Wasserman in
>>>>>which the officer told Wasserman the equipment was damaged and said
>>>>>"this is not the way for you to put your people to work." Tr. 53.
>>>>>Wasserman made no reply to this accusation and requested a meeting.
>>>>>Tr. 54
>>>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>>>without interference and the company need only pay the workers enough
>>>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>>>was not his decision to pay the money and that he would have to refer
>>>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>>>money was paid.
>>>>>49. Schaffler testified that he was familiar with the terms "give
>>>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>>>workers enough for them to buy a ham sandwich," under the
>>>>>circumstances, meant the workers could be paid a moderate amount for
>>>>>work completed, but the company would not have to adhere to all terms
>>>>>of the collective bargaining agreement, including paying fringe
>>>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>>>James DiModica would take responsibility for handling any complaints
>>>>>from the workers. Id.
>>>>>50. Attorney Gold argues that the testimony of the McGlone
>>>>>official is not credible. Gold states that the official is biased
>>>>>against Wasserman because Wasserman came to the meeting to discuss
>>>>>legitimate safety issues at McGlone, and the official was upset at
>>>>>being confronted with safety violations. This argument has little
>>>>>weight because substantial damage had been done to McGlone's
>>>>>equipment. It would be more cost effective for McGlone to address
>>>>>legitimate safety issues than to damage its own equipment and blame
>>>>>Wasserman. I find the official's representation of the events to be
>>>>>credible, and corroborated by other evidence. See the Discussion,
>>>>>infra.
>>>>>E & S Construction
>>>>>Charge V:
>>>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>an act of racketeering in that Wasserman did request and demand money
>>>>>or a thing of value from E&S Construction, an employer engaged in an
>>>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>>>from an employer while being a Union member and representative (29
>>>>>U.S.C. ?186(b)(1)).
>>>>>Charge VI:
>>>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>>>an employer and offered to allow that employer to use non-Union labor
>>>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>>>in so doing violated his obligation as a member of the Union to
>>>>>refrain from interfering with the proper conduct of Union business, in
>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>of the LIUNA Ethical Practices Code.
>>>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>>>contacted the LIUNA New Jersey regional office concerning an
>>>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>>>shortly thereafter. Id.
>>>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>>>could not work as a laborer, he formed his own construction company.
>>>>>Id.
>>>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>>>9 in New Jersey. Id.
>>>>>54. In the same month, Taylor received a call from Wasserman who
>>>>>identified himself as a representative from Local 342 and requested a
>>>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>>>55. The following day, Wasserman arrived at Taylor's job site
>>>>>accompanied with an individual Taylor later identified as James
>>>>>DiModica. Id.
>>>>>56. At the start of the meeting, James DiModica stated that he had
>>>>>just gotten out of jail. Tr. 60.
>>>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>>>at the Newark Airport with the Brown Matthews Company, and he
>>>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>>>58. Taylor replied that at the time he had three full-time workers
>>>>>with his company and the workload was just enough for those three
>>>>>workers. Taylor said if his workload increased he would definitely
>>>>>call the Local 342 hiring hall for laborers. Id.
>>>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>>>use them because he had to use Local 342 members. Id.
>>>>>60. Wasserman then made a motion with one of his hands indicating
>>>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>>>$5,000. Id.
>>>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>>>the workers any benefits. Id. Taylor understood this to mean that
>>>>>the various fringe benefits, pension annuity, and medical benefits
>>>>>required by the collective bargaining agreement would not have to be
>>>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>>>Wasserman would make him put up a bond for the benefits at his job
>>>>>site. Tr. 59.
>>>>>63. Towards the end of the meeting, James DiModica made a
>>>>>statement to Taylor that "we have connections, we'll get you paid
>>>>>faster." Tr. 60.
>>>>>64. Subsequently, Taylor positively identified James DiModica from
>>>>>photographs shown to him by IG Inspectors. Id.
>>>>>65. I find that there was no reason for James DiModica, who had no
>>>>>official union position, to accompany Wasserman to Wasserman's
>>>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>>>DiModica visits to the contractors appears, under these circumstances,
>>>>>to be a joint venture in extortion.
>>>>>66. The statements of Taylor as to what the demands meant and the
>>>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>>>extortionate practices are credible and well founded.
>>>>>67. Attorney Gold contends that the appearance of James DiModica
>>>>>with Wasserman where money was solicited from employers was not in
>>>>>itself improper. Gold argues that DiModica might have been a shop
>>>>>steward on at least one of the jobs, and his appearance on any of the
>>>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>>>associate of organized crime. On one occasion he suddenly requested a
>>>>>Christmas gift from the employer and on another he began the
>>>>>conversation by informing the employer that he had just been released
>>>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>>>serve the purpose of intimidating the contractor.
>>>>>68. Attorney Gold also contends that since none of the complaining
>>>>>persons ever alleged that as a result of denying payoffs they suffered
>>>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>>>go unpunished. There is no evidence to indicate whether or not the
>>>>>payments were made. The record is silent on that matter; however,
>>>>>there is evidence that equipment at McGlone was heavily damaged after
>>>>>McGlone refused to install the requested safety apparatus.
>>>>>Knowing Association With The LCN
>>>>>Charge VII:
>>>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>>>associating with La Cosa Nostra crime family members or associates,
>>>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>>>crime family and James DiModica, an associate of the Gambino crime
>>>>>family.
>>>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>>>Jersey for approximately ten years.
>>>>>70. At the time of the hearing in this matter, Wasserman was the
>>>>>Business Manager of Local 342. He was appointed by the Executive
>>>>>Board to succeed James Proto. Wasserman has also served in the
>>>>>positions of field representative and a shop steward of Local 342.
>>>>>71. The GEB Attorney offered the history of Local 342 described
>>>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>>>as evidence of Wasserman's associations with the Gambino family.
>>>>>72. Based upon his years of investigation, including the
>>>>>aforementioned information in paragraphs 8 through 28, and
>>>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>>>concluded that Juicy DiModica is a made member of organized crime and
>>>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>>>73. Based upon his information, including direct information from
>>>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>>>years of surveillance, Elko concluded that James DiModica is an
>>>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>>>74. Based upon direct information from Cagno, information from
>>>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>>>123, 129.
>>>>>Discussion
>>>>>The IHO must base his decisions on reliable evidence through a review
>>>>>of what is probative and reliable. Attorney Gold objects to the use
>>>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>>>however, reliable hearsay evidence is admissible in labor
>>>>>arbitrations. Associated Cleaning Consultants and International
>>>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>>>evidence has been admitted regularly in union disciplinary proceedings
>>>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>>>1990). The test is whether the evidence is reliable. Senese &
>>>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>>>389, 402 (1971)).
>>>>>The testimony of the IG Inspectors regarding statements of contractors
>>>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>>>& S Construction are hearsay; however, they demonstrate a similar
>>>>>pattern, and similar demands were related by three individuals who
>>>>>have neither bias nor reason to falsify. The individuals knew their
>>>>>statements would eventually be known when they spoke to the
>>>>>investigating officials, yet they still exposed themselves to the risk
>>>>>of voluntary cooperation. One of the individuals initiated contact
>>>>>with officials. I recognize that one of the individuals has remained
>>>>>unnamed and, standing alone, his statements would not be probative.
>>>>>Nonetheless, I give evidentiary weight to his information due to the
>>>>>striking similarity between the three incidents. The hearsay
>>>>>statements of the unnamed individual match the hearsay statements of
>>>>>the named individuals. The statements describe the same modus
>>>>>operandi, the same labor extortion goals during roughly the same time
>>>>>period, and involve the same two perpetrators. I find that the
>>>>>hearsay statements of the contractors corroborate each other and I
>>>>>find the evidence to be reliable especially given the very similar
>>>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>>>hearsay evidence reliable based upon FBI Agent's information being
>>>>>culled from various sources and the various sources' corroboration of
>>>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>>>of factors to evaluate reliability giving evidentiary weight to
>>>>>hearsay declarations of three LCN members related by FBI agent;
>>>>>factors included corroborating statements in crucial respects, a
>>>>>consistent picture of the relationship of the individuals and the
>>>>>statements matched the FBI agent's declaration in the subject matter).
>>>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>>>conduct includes, among others, committing any act of racketeering.
>>>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>>>"committing any act of racketeering, as defined in Title 18 of the
>>>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>>>U.S.C. ? 1961(a).
>>>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>>>and or to receive anything of value from a contractor with whom he has
>>>>>a collective bargaining agreement:
>>>>>It shall be unlawful for any person to request, demand, receive, or
>>>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>>>of any money or other thing of value prohibited by subsection (a) of
>>>>>this section.
>>>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>>>"giving any money or other thing of value to any labor organization,
>>>>>or any officer or employee thereof, which represents, seeks to
>>>>>represent, or would admit to membership, any of the employees of such
>>>>>employer who are employed in an industry affecting commerce."
>>>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>>>believed the request for a gift was an "extortion or a demand." The
>>>>>argument has no merit; any form of request is prohibited.
>>>>>Barred conduct also includes "knowingly associating" with members of
>>>>>an organized crime family such as the LCN, and knowingly allowing an
>>>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>>>union member knew the person with whom he or she was associating was a
>>>>>member or associate of the LCN; (2) the association related directly
>>>>>or indirectly to the affairs of the union; and (3) the association was
>>>>>more than fleeting or casual. Id.
>>>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>>>Administrator's determination that "'knowing association' can be
>>>>>inferred from the duration and quality of the association." 745
>>>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>>>he was associating were members of organized crime. The individuals
>>>>>with whom Wasserman dealt were identified as well known members of
>>>>>organized crime families by three former organized crime members. The
>>>>>association was not fleeting or casual. Wasserman attended meetings
>>>>>with contractors accompanied by James DiModica, a known associate of
>>>>>organized crime, whose presence was not related to the ordinary course
>>>>>of union business. Wasserman took James DiModica along for his
>>>>>intimidation factor. Wasserman had to have known James DiModica was
>>>>>associated with organized crime; there was no other reason for
>>>>>DiModica to accompany him. A similar conclusion was reached by the
>>>>>Independent Administrator in Cimino where the Independent
>>>>>Administrator found that Cimino had to have known of Nicodemo
>>>>>Scarfo's Philadelphia organized crime ties during their association
>>>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>>>use Cimino and the local union to "further his La Cosa Nostra
>>>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>>>obviously an illegal joint venture to extort union contractors with
>>>>>the approval of the Gambino family.
>>>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>>>part time no-show shop steward and argued that being a no-show shop
>>>>>steward is evidence of being associated with organized crime. I do
>>>>>not find this evidence to be probative of Wasserman's organized crime
>>>>>association.
>>>>>Obstruction
>>>>>Charge IX:
>>>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>>>terminating the interview, and thereby obstructing and interfering
>>>>>with an investigation being conducted by the LIUNA Inspector General's
>>>>>Office.
>>>>>Findings of Fact
>>>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>>>residence in Union, New Jersey. Tr. 61, 64.
>>>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>>>second time at the VHR job site at the Newark Airport to obtain the
>>>>>additional information about James DiModica. Tr. 64.
>>>>>77. They met Wasserman as he came out of the security area. The
>>>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>>>parking lot area and the IG Inspectors agreed. Id.
>>>>>78. The IG Inspectors told Wasserman they needed more information
>>>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>>>with them and stated he was very concerned that someone had broken
>>>>>into his house three days after the May 1996 interview with the IG
>>>>>Inspectors. Tr. 66.
>>>>>79. Wasserman refused to reply to questions about James DiModica
>>>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>>>left the building. Id.
>>>>>80. Outside the building, IG Inspectors again requested that
>>>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>>>66-67.
>>>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>>>interview, and thereby obstructed the IG investigation.
>>>>>CHARGE X
>>>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>>>testifying that he had been elected by the general membership to be
>>>>>the Business Agent for Local 342 despite knowing that the general
>>>>>membership did not elect him and that he instead was appointed to the
>>>>>position.
>>>>>82. I find the fact that Wasserman's statements that he was
>>>>>elected rather than having been appointed, was not a material fact and
>>>>>was not in violation of the EPC.
>>>>>CHARGES XI-IV
>>>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>>>testified at his deposition, that he never demanded a Christmas gift
>>>>>from a contractor, that he never demanded things of value from a
>>>>>contractor in exchange for labor peace, that he never attempted to
>>>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>>>or approached contractors with James DiModica. The preponderance of
>>>>>the evidence proves that Wasserman did perform all of these acts and
>>>>>when he was asked about them under oath he denied his participation.
>>>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>>>July 8, 1997 deposition that he never knowingly associated with
>>>>>members or associates of organized crime. See GEB Ex. 1. The
>>>>>preponderance of the evidence shows he gave false testimony when he
>>>>>was asked about his connections with organized crime and he denied
>>>>>them.
>>>>>Conclusions
>>>>>1. During the period of time alleged in the charges, Local 342
>>>>>was dominated by members or associates of the Gambino crime family.
>>>>>2. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by requesting money from VHR Construction in
>>>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>3. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>4. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>>>5. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by demanding money in exchange for labor
>>>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>>>and the EPC.
>>>>>6. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by offering to allow E & S Construction to
>>>>>pay LIUNA members less than union-scale wages and benefits in
>>>>>violation of 186 ' (b)(1) and the EPC.
>>>>>7. There is a preponderance of the evidence that Vincent
>>>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>>>is an associate of the Gambino family.
>>>>>8. There is a preponderance of the evidence that Wasserman
>>>>>knowingly associated with members of organized crime, thereby
>>>>>committing barred conduct under the EDP.
>>>>>9. The evidence clearly demonstrates that Wasserman's
>>>>>associations with organized crime directly affected the affairs of the
>>>>>union. Wasserman took a known LCN associate on his visits to
>>>>>contractors and demanded payments in exchange for labor peace and
>>>>>permission to use either non-union labor or non-union scale wages and
>>>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>>>to extort contractors.
>>>>>10. There is preponderance of the evidence that Wasserman
>>>>>committed barred conduct by giving false testimony at his deposition
>>>>>when questioned about his association with organized crime and his
>>>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>>>Construction.
>>>>>11. Wasserman's statement that he was elected to be a Business
>>>>>Agent of Local 342, rather than appointed was not a material
>>>>>misstatement and did not obstruct the GEB Attorney.
>>>>>Decision
>>>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>>>the evidence. Charge X has not been proved by a preponderance of the
>>>>>evidence.
>>>>>Penalty
>>>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>>>permanently barred from holding an office in or being employed by
>>>>>Local 342 or from being an officer or being employed by any LIUNA
>>>>>affiliated entity or fund.
>>>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>>>10 days of the date this Order.
>>>>>Peter F. Vaira
>>>>>INDEPENDENT HEARING OFFICER
>>>>>
>>>>>
>>>>>--------------------------------------------------------------------------------
>>>>>
>>>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>>>17, 1998).
>>>>>
>>>>>
>>>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>>>More information. April 3, 2001, Tuesday
>>>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>>>restaurants and pizza parlors in New York City and surrounding area;
>>>>>various reasons cited"
>>>>>
>>>>>Hillary Clinton has long masqueraded as a champion of women's
>>>>>rights, yet the
>>>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>>>helping the
>>>>>rights of women, actually harmed women.
>>>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>>>...the West has helped to create the demand, by stationing tens of
>>>>>thousands of
>>>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>>>soldiers and
>>>>>international workers, but their presence has greatly fuelled the
>>>>>demand for
>>>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>>>which picked up
>>>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>>>increased
>>>>>since the Kosovo war. Finally, the West has helped to create the
>>>>>link between
>>>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>>>Albanian
>>>>>Mafia which now controls this market. The fact that there is so
>>>>>much reporting
>>>>>now on the matter of sex slaves may be an indication that the powers
>>>>>that be in
>>>>>the West are beginning to ditch those whom they portrayed during the
>>>>>spring of
>>>>>1999 as passive and innocent victims....
>>>>>
>>>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>>>and that a
>>>>>very large number of prostitutes there are effectively slaves.
>>>>>Although not all
>>>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>>>Albania - it
>>>>>has been affirmed by one of the leading authorities on prostitution
>>>>>that they
>>>>>are kept in captivity. "All the women currently on the streets (of
>>>>>Italy) are
>>>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>>>Romanians and the
>>>>>women from Eastern European countries all have their passports taken
>>>>>away by
>>>>>their pimps. There is not one metre of street in which prostitution
>>>>>is not
>>>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>>>Verona who
>>>>>has founded a charity which works with prostitutes. Benzi goes
>>>>>on, "The
>>>>>Albanians operate in family clans, in `joint ventures' with the
>>>>>Mafia in Eastern
>>>>>Europe and Italy. No new pimp can start operating in Italy without
>>>>>paying a
>>>>>percentage to the person who already controls the territory. Any
>>>>>mistakes are
>>>>>punished by death. For the Albanians, vendetta is second nature:
>>>>>the concept
>>>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>>>Association of the Community of Pope John XXIII, 48% of the
>>>>>prostitutes in Italy
>>>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>>>old); and 26%
>>>>>have been kidnapped and taken from their countries of origin by
>>>>>force.[8]
>>>>>source:
>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>Hillary Clinton has also masqueraded as someone concerned about
>>>>>Children's
>>>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>>>Clinton
>>>>>actually harmed children too.
>>>>>"Sexual exploitation of children
>>>>>An especially appalling aspect of the trade in human beings is the
>>>>>sexual
>>>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>>>Petersel,
>>>>>the Director of Save the Children in Moldova, whose organisation has
>>>>>started to
>>>>>house and rehabilitate young women and girls who have been forced
>>>>>into sex
>>>>>slavery. The youngest victim with which they have dealt was nine
>>>>>years old.
>>>>>260 victims of sex slavery have been housed and helped by Save the
>>>>>Children
>>>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>>>Albania,
>>>>>Macedonia, Italy, and Greece.
>>>>>References for further reading:
>>>>>Trafficking in Migrants,
>>>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>>>Milan, May
>>>>>1999
>>>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>>>Paoline
>>>>>Editoriale Libri, 1999
>>>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>>>liberazione del
>>>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>>>Editrice, Rome,
>>>>>2000.
>>>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>>>18th April
>>>>>2000
>>>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>>>Moldova,
>>>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>>>Parliament.
>>>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>>>Monde, 1st
>>>>>December 2000
>>>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>>>Albanian Daily
>>>>>News, 5th October 2000
>>>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>>>1st July 1999
>>>>>[6] Ibid.
>>>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>>>http://www.mess-s-
>>>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>>>itute.htm
>>>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>>>della
>>>>>prostituzione,
>>>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>>>recently
>>>>>attacked the Mafia activities of the Montengrin president, Milo
>>>>>Djukanović.
>>>>>See La Repubblica, 12th January 2001
>>>>>source:
>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>>>Italy's sexual slave trade
>>>>>
>>>>>
>>>>>Many prostitutes in Italy come from Albania
>>>>>In the first of two special reports, the BBC's Brian Barron
>>>>>investigates Italy's
>>>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>>>the
>>>>>business.
>>>>>It is estimated that there could be more than 40,000 foreign
>>>>>prostitutes on the
>>>>>streets of Italy - and the numbers are increasing.
>>>>>The streetwalkers venture out every night after 10, on the edge of
>>>>>big cities
>>>>>like Rome.
>>>>>Each trip was awful but that was my choice. If I returned to
>>>>>Albania I was
>>>>>dead.
>>>>>Prostitute
>>>>>In the Eor district, they are Albanian or from other former
>>>>>communist countries.
>>>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>>>travelled to
>>>>>Italy through their own efforts.
>>>>>One streetwalker whose identity must be kept secret recalls her
>>>>>particular
>>>>>journey.
>>>>>"I came by boat," she says.
>>>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>>>people with
>>>>>my own eyes."
>>>>>"Each trip was awful but that was my choice. If I returned to
>>>>>Albania I was
>>>>>dead."
>>>>>"Dead or alive - this was my only choice."
>>>>>Tarantelli: Women are held in slavery
>>>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>>>are slaves.
>>>>>"They are brought here," she says.
>>>>>"Their passports are destroyed often, usually as a matter of fact
>>>>>they are
>>>>>tortured to break their wills."
>>>>>"They're moved around from place to place so they don't know where
>>>>>they are.
>>>>>They don't speak the language."
>>>>>"They're terrified and they can't escape. They're held in slavery."
>>>>>Poverty
>>>>>
>>>>>For many of the girls, the journey began in their Albanian homeland.
>>>>>In Durres, most people are out of work, surviving on remittances
>>>>>from relatives
>>>>>abroad, like the girls on the streets of Italy.
>>>>>In its poverty and human desperation it is typical of countless
>>>>>Albanian
>>>>>communities.
>>>>>Once Albania was an all-powerful communist police state. It is now a
>>>>>country
>>>>>beyond the rule of law.
>>>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>>>difficult time
>>>>>stamping out the smuggling of young girls.
>>>>>Durres: Lawlessness and poverty prevail
>>>>>"We have had some success against traffickers in prostitutes," he
>>>>>says.
>>>>>"We've arrested at least three. But a big problem is what to do with
>>>>>the girls
>>>>>caught up in the system, especially if they come from outside
>>>>>Albania."
>>>>>"The fact is we do not have any organisation for helping them."
>>>>>"At times we've had to keep the girls in prison because there's
>>>>>nowhere for them
>>>>>to go."
>>>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>>>of the
>>>>>Albanian mafia being intercepted by Italian security forces.
>>>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>>>It was trying to land a batch of illegal immigrants on Italy's
>>>>>Adriatic coast.
>>>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>>>60 miles an
>>>>>hour, evaded the helicopters and ships trying to encircle them.
>>>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>>>Catholic
>>>>>charity, has launched another kind of assault on the Albanian mafia.
>>>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>>>witness protection
>>>>>programme for former prostitutes from Albania and Eastern Europe.
>>>>>Hope for some of the women in the witness protection programme
>>>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>>>he says.
>>>>>"It's not an easy decision to make. So these girls must have the
>>>>>courage to do
>>>>>it.
>>>>>"To cut all ties with the past. By pointing the finger at those who
>>>>>abuse them
>>>>>there is the chance that some of the guilty will be brought to
>>>>>justice."
>>>>>Eighty girls have collaborated. They have been rewarded with the
>>>>>right to remain
>>>>>in Italy and, when necessary, new identities.
>>>>>However, 500 declined because they were afraid of the godfathers.
>>>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>>>Pellegrino
>>>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>>>Was Johnny
>>>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>>>know please
>>>>>post your materials and sources for them.
>>>>>
>>>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>>>20th, 1940.
>>>>>
>>>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>>>
>>>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>>>the
>>>>>imagination. DioGuardi specialized, among other things, in
>>>>>victimizing Jews.
>>>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>>>less
>>>>>directly, as they became unwitting customers. The article below
>>>>>notes that "A
>>>>>salesman for the company testified in 1969 that often the meat they
>>>>>delivered to
>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>atrocity to
>>>>>perpetrate on our customers."
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>>>Queens, New
>>>>>York, listening to a tape recording of the conversations coming out
>>>>>of a bug-a
>>>>>tiny wireless microphone and radio transmitter hidden in the office
>>>>>of Norman
>>>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>>>to evidence
>>>>>that illustrated with chilling clarity that the Mafia controlled an
>>>>>industry
>>>>>that robbed the public of more than just its money. It was also
>>>>>stealing its
>>>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>>>kept
>>>>>cropping up. The cops knew who he was.
>>>>>
>>>>>
>>>>>
>>>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>>>viscous snarl
>>>>>as he slugged a United Press photographer outside a Senate committee
>>>>>hearing
>>>>>room, appeared on front pages of newspapers all over the country,
>>>>>because it so
>>>>>perfectly matched the average person's preconception of what a Mafia
>>>>>thug should
>>>>>look like.
>>>>>
>>>>>
>>>>>As the police developed their investigation into the Merkel Meat
>>>>>Company and the
>>>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>>>that the
>>>>>Lucchese crime family was earning big money from its involvement in
>>>>>the movement
>>>>>of substandard and, at times actually rotten meat, that was being
>>>>>sold into the
>>>>>retail marketplace.
>>>>>
>>>>>
>>>>>Dioguardi was a master fixer and controller of locals and unions
>>>>>and, through
>>>>>this influence, was able to manipulate opportunities for himself and
>>>>>the
>>>>>Lucchese family in a wide range of areas.
>>>>>
>>>>>
>>>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>>>one
>>>>>particular company that showed his ability to corrupt and control.
>>>>>
>>>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>>>salary of $250
>>>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>>>taken over
>>>>>control of the business. He used this company as a vehicle to gain
>>>>>control of
>>>>>the low price kosher meat business. Essentially his method was to
>>>>>take over an
>>>>>organization, buy in supplies and create an extended line of credit,
>>>>>never pay
>>>>>his debtors, and when the business went bust, move on to the next
>>>>>one.A salesman
>>>>>for the company testified in 1969 that often the meat they delivered
>>>>>to
>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>atrocity to
>>>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>>>went
>>>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>>>another
>>>>>company called Tel Aviv. That company also went belly-up in due
>>>>>course and he
>>>>>then set up a firm called First National Kosher Provisions. And so
>>>>>it went on.
>>>>>Eventually the law caught up with him and he was indicted, and in
>>>>>1967 was
>>>>>sentenced to five years in prison and fined $10,000. By this time,
>>>>>Dioguardi had
>>>>>been connected to the Lucchese family for over thirty years.
>>>>>Johnny Dio under arrest(AP)
>>>>>
>>>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>>>on Forsythe
>>>>>Street in Little Italy where his father Dominick owned a bicycle
>>>>>shop there. By
>>>>>1930, he was already at age fifteen an apprentice young hood. After
>>>>>a year and a
>>>>>half at Stuyvesant High School, he left to begin work. Through the
>>>>>influence of
>>>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>>>and upcoming
>>>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>>>extortionist
>>>>>working the Garment Center. He was also, as legend has it, one of
>>>>>the gangsters involved in the so called "Murder Inc." group
>>>>>that worked
>>>>>out of Brownsville, East New York, in the 1930's carrying out
>>>>>murders....Darkly handsome-so dark that he
>>>>>was called
>>>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>>>pleasant smile,
>>>>>well dressed, well barbered and well manicured, he was always
>>>>>careful to give
>>>>>the appearance of an urbane and successful businessman.In 1935,
>>>>>Thomas Dewey,
>>>>>the crusading New York DA, listed Dioguardi as among the most
>>>>>dangerous hoods in
>>>>>the city. And all this before he was twenty-one years old! In 1937
>>>>>he got a
>>>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>>>his uncle
>>>>>and several other mobsters for extortion and assault. They had been
>>>>>extracting
>>>>>$5000 from every trucker in the garment district, plus demanding a
>>>>>premium on
>>>>>every suit and coat made in the area.In 1944, he was indicted for
>>>>>operating an
>>>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>>>and convicted
>>>>>for failure to pay state income tax in connection with his continued
>>>>>shakedown
>>>>>of operators in the garment district. For that, he got sixty days.In
>>>>>November
>>>>>1957, he went on trial with some Teamster officials for shaking down
>>>>>owners of
>>>>>stationery stores. After a four week trial, he was convicted and
>>>>>sentenced to
>>>>>two years in jail.By the time he was forty, he was a "made man" in
>>>>>the Gagliano
>>>>>family which was now referred to as the Lucchese family, operating
>>>>>as a capo, or
>>>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>>>in the family
>>>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>>>a member of
>>>>>organized crime, generating in excess of $100,000 each week. He was
>>>>>so rich, his
>>>>>standard Christmas present to his wife was a shoe box stuffed with
>>>>>$50,000 and a
>>>>>sweet little note such as " buy yourself some nice clothes,
>>>>>honey."He lived in
>>>>>great style, wining and dining at the best hotels and restaurants in
>>>>>town, but
>>>>>always reserved Sundays to meet with family and friends, and prepare
>>>>>lunch or
>>>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>>>an
>>>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>>>home in
>>>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>>>for $75,000
>>>>>in the early 1960's. His legitimate business fronts which
>>>>>contributed to his
>>>>>significant tax returns each year, included many highly profitable
>>>>>clothing
>>>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>>>which sold
>>>>>promotional items to commercial establishments. One of their major
>>>>>customers was
>>>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>>>legendary in the
>>>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>>>to Los
>>>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>>>Mafia
>>>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>>>labour from
>>>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>>>every important
>>>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>>>Senate
>>>>>investigations named Dioguardi as one of the masterminds that
>>>>>manipulated the
>>>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>>>airport that
>>>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>>>to become
>>>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>>>friend,
>>>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>>>the New York
>>>>>area locals supported Hoffa, and this was necessary to swing enough
>>>>>voters to
>>>>>support his control of the mid western region, secured through the
>>>>>Chicago Mob's
>>>>>help. The solution was to create more locals: enough to establish a
>>>>>majority.
>>>>>This was done by setting up "paper" locals-locals with few if any
>>>>>members-that
>>>>>could swing the balance in the New York voting.Dioguardi engineered
>>>>>the creation
>>>>>of seven new Teamster unions. The extra supply of delegates from
>>>>>these
>>>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>>>convention.
>>>>>These seven locals were basically sham fronts, composed not of
>>>>>working people,
>>>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>>>nomination.With hindsight
>>>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>>>Department,
>>>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>>>imprisonment
>>>>>in 1967, release in 1971 and the events that led up to the fateful
>>>>>rendezvous on
>>>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>>>went there to
>>>>>meet up with three men. It was a rendezvous from which he never
>>>>>returned,
>>>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>>>Briguglio, a
>>>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>>>testator who
>>>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>>>undoubtedly one of the
>>>>>most powerful members of the Lucchese crime family. His influence
>>>>>was felt in
>>>>>many areas, particularly those relating to labor. He is remembered
>>>>>however, more
>>>>>than anything, for one especially terrible act.In the early hours of
>>>>>Thursday
>>>>>April 5th, 1956, a nationally known newspaper columnist and
>>>>>commentator on labor
>>>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>>>41-year-old
>>>>>Riesel was a crusading journalist, specializing in investigating
>>>>>union
>>>>>corruption and Mob-influenced officials. Writing for the Daily
>>>>>Mirror, his
>>>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>>>two workers
>>>>>from Local 138 of the International Operating Engineers Union out of
>>>>>Long
>>>>>Island. Run by father and son both called William DeKoning, they and
>>>>>their local
>>>>>were involved in shaking down contractors and were under
>>>>>investigation by
>>>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>>>secretary, Betty
>>>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>>>late
>>>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>>>approached them and
>>>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>>>Hospital,
>>>>>surgeons were unable to save his eyesight.
>>>>>Victor Reisel
>>>>>A federal investigation established the attacker was a twenty-two-
>>>>>year-old hood
>>>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>>>Carlino and
>>>>>paid $1,175 to do the job. The money had apparently been put up by
>>>>>Dioguardi. As
>>>>>publicity mounted, Tevi became convinced that he had been grossly
>>>>>underpaid to
>>>>>carry out a piece of work on such an important person and demanded
>>>>>$50,000. What
>>>>>he got instead was two bullets in the head, and his body was found
>>>>>on July 28th,
>>>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>>>Although some
>>>>>people were tried and convicted of the attack on Reisel, the two
>>>>>prime witnesses
>>>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>>>and all
>>>>>charges against Johnny Dio were dropped in May, 1957.
>>>>>The assault on Victor Reisel brought a lot of pressure down on
>>>>>Johnny Dio. The
>>>>>very action that was aimed at removing a source of irritation,
>>>>>resulted in far
>>>>>more damage to his activities that could possibly have occurred had
>>>>>the assault
>>>>>not taken place.Despite all the other criminal acts that he was
>>>>>involved in or
>>>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>>>Victor
>>>>>Reisel." That reputation more than anything else guaranteed that the
>>>>>police, FBI
>>>>>and the media would never stop hounding him, and as a result, he
>>>>>would
>>>>>eventually spend the rest of his prime years in prison for other
>>>>>crimes he
>>>>>committed.Dioguardi always on the lookout for new rackets,
>>>>>discovered the boom
>>>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>>>acquired
>>>>>from a failing company for little or no money; the market would be
>>>>>rigged in the
>>>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>>>then the
>>>>>shares would be sold at vastly inflated prices-leaving the investors
>>>>>to hold the
>>>>>bag when the fraud was eventually exposed. However fate and the law
>>>>>finally
>>>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>>>boss in the
>>>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>>>charges
>>>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>>>1973, and
>>>>>sentenced to a further prison sentence, concurrent to the one he was
>>>>>already
>>>>>serving at Danbury Prison in connection with one of his kosher meat
>>>>>company
>>>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>>>the same
>>>>>year.
>>>>>Johnny Dio going to prison one last time
>>>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>>>started young
>>>>>at fifteen and had a perfect introduction into the world of crime
>>>>>through the
>>>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>>>and polish
>>>>>in an enviable mixture. He made the right kind of connections from
>>>>>an early age.
>>>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>>>these
>>>>>contacts throughout his career as a means of levering his scams and
>>>>>extortion's
>>>>>into huge, money-spinning ventures for himself and his crime family.
>>>>>Like many
>>>>>criminals, he obviously had the brains and ability to have succeeded
>>>>>in
>>>>>legitimate business, had he been that way inclined. The highest
>>>>>earners in the
>>>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>>>lowest soldiers
>>>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>>>of their
>>>>>scheming and scamming.
>>>>>When he died in a Pennsylvania prison hospital, his passing
>>>>>attracted no
>>>>>newspaper attention. All his wealth and power and almost fifty years
>>>>>of criminal
>>>>>depravity seemed to count for nothing at all. It was as though he
>>>>>had never
>>>>>existed."
>>>>>source:
>>>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>>>
>>>>>2.html
>>>>>
>>>>>
>>>>>"February 2001In The Money: Congressman James Traficant And His
>>>>>Campaign
>>>>>ContributorsBy James Ridgway de Szigethy
>>>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>>>corrupted labor
>>>>>Unions and Middle Eastern political operatives are among those who
>>>>>have
>>>>>contributed to the past two re-election campaigns of Congressman
>>>>>James
>>>>>Traficant, an analysis of Federal Election Commission records
>>>>>reveals. These
>>>>>records, which are required filings under Federal Election law,
>>>>>reveal 219
>>>>>donations by individuals and 212 donations by Unions and Political
>>>>>Action
>>>>>Committees. 47 of the personal contributions came from outside the
>>>>>State of
>>>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>>>individuals that
>>>>>indicate a Middle Eastern background of the contributor. Among
>>>>>the
>>>>>contributors whose names would probably be recognized by most
>>>>>Youngstown
>>>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>>>Russell
>>>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>>>and Gerald
>>>>>Bostocky. Among the contributors whose names would probably NOT
>>>>>be
>>>>>recognized by most Youngstown residents are Virginia residents Ali
>>>>>Asghar
>>>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>>>Javad
>>>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>>>Georgia
>>>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>>>Hessein
>>>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>>>Mahmoud
>>>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>>>a former
>>>>>investigator for the District Attorney's office in Youngstown, was
>>>>>indicted last
>>>>>December on charges he bribed Judges to fix Court cases. Ed
>>>>>Flask accepted
>>>>>a plea bargain last year in which he pleaded guilty to felony
>>>>>charges in regards
>>>>>to his rip-off of nearly $2 million while running the public water
>>>>>utility in
>>>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>>>bribery trial
>>>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>>>Mafia
>>>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>>>Traficant
>>>>>bragging about how he laundered through Flask's law office part of
>>>>>the $163,000
>>>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>>>that
>>>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>>>Flask which
>>>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>>>and murdered.
>>>>>B & T Express employee Sam Traficanti was present during some of the
>>>>>secret tape
>>>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>>>Traficant,
>>>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>>>Express also
>>>>>donated to Traficant's campaign records show. Traficanti is not
>>>>>related to
>>>>>Congressman Traficant. Last September, the Congressman's employee
>>>>>Anthony
>>>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>>>Cleveland.
>>>>>Congressman Traficant has also received campaign contributions from
>>>>>Youngstown
>>>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>>>has entered
>>>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>>>Terlecky, a
>>>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>>>bribes from
>>>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>>>same
>>>>>authorities that are now involved in the investigation of
>>>>>Congressman Traficant,
>>>>>including two public figures who attended an anti-Mafia summit
>>>>>meeting recently
>>>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>>>chairman of the
>>>>>Mahoning County Board of Elections who is seeking information the
>>>>>Congressman
>>>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>>>officials in
>>>>>Youngstown. Terlecky also claims that it was he who found the
>>>>>infamous
>>>>>Carabbia tapes months before the FBI during an illegal search and
>>>>>seizure
>>>>>regarding an investigation into the murder of yet another Youngstown
>>>>>Mafia
>>>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>>>that include
>>>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>>>recorded
>>>>>months later than Terlecky's claims, when Traficant had just been
>>>>>elected
>>>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>>>agent in
>>>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>>>1962. During
>>>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>>>fireworks
>>>>>distributor Bruce Zoldan testified that Chance shook him down
>>>>>for `tribute
>>>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>>>in with
>>>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>>>raided Zoldan's
>>>>>fireworks business two days before their busiest moneymaking period,
>>>>>the Fourth
>>>>>of July. Zoldan would also testify that the Gambino Family led by
>>>>>John Gotti
>>>>>extorted a huge sum of money from him in order to do business in New
>>>>>York. The
>>>>>murder of Mafia figure Joey Naples, who was among those who
>>>>>contributed to the
>>>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>>>for control
>>>>>of the fireworks business. David Sugar pleaded guilty last year
>>>>>to
>>>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>>>evidence
>>>>>from the Grand Jury in Cleveland investigating financial dealings
>>>>>between Sugar,
>>>>>his construction company, and Congressman Traficant. Sugar is
>>>>>expected to
>>>>>testify against Traficant at any future criminal proceedings, as is
>>>>>Traficant's
>>>>>former employee on his horse farm, Clarence Broad. In November of
>>>>>last year,
>>>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>>>a woman who
>>>>>was expected to give damaging testimony against Traficant before the
>>>>>Grand Jury
>>>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>>>those who have
>>>>>given money to Traficant's campaign, responded by alleging in
>>>>>Federal Court that
>>>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>>>guilty. Judge
>>>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>>>claims and
>>>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>>>2000
>>>>>Traficant accepted donations from controversial activist James
>>>>>Zogby, President
>>>>>of the Arab American Institute. Zogby was recently in the news last
>>>>>October,
>>>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>>>outrage
>>>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>>>terrorism expert
>>>>>Steven Emerson: "Zogby has not only made comments that are
>>>>>incendiary but he has
>>>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>>>supported the
>>>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>>>bombing of
>>>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>>>December, 1988,
>>>>>killing 270 people, including 35 Syracuse University students.
>>>>>On June 29,
>>>>>1993, Senator John McCain entered into the Congressional Record a
>>>>>public
>>>>>challenge to the FBI and the Justice Department to share information
>>>>>on the
>>>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>>>organization that
>>>>>was involved in a clandestine effort to influence public policy
>>>>>through an
>>>>>organized campaign of directing contributions to the campaigns of
>>>>>selected
>>>>>members of Congress. Said the Senator: "Given the charges made in a
>>>>>previous FBI
>>>>>report that the PMOI has a history of terrorism, an anti-Western
>>>>>ideology, and
>>>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>>>concern to all
>>>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>>>East Data
>>>>>Project, identified four members of Congress as recipients of
>>>>>campaign donations
>>>>>from alleged associates of the PMOI. Those four were Robert
>>>>>Torricelli of New
>>>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>>>Traficant of
>>>>>Ohio. To date, none of these individuals have been charged with
>>>>>making illegal
>>>>>campaign contributions. However, Senator Torricelli is currently in
>>>>>the news
>>>>>defending himself against a Chinese fundraiser named David Chang,
>>>>>who has
>>>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>>>1996 campaign.
>>>>>Numerous recent Media reports show that the Feds are now nearing the
>>>>>conclusion
>>>>>of an investigation that began with reports of impropriety regarding
>>>>>contributions to Torricelli's 1996 campaign. Congressman
>>>>>Traficant has
>>>>>developed a huge following in the Arab and Muslim countries in the
>>>>>Middle East
>>>>>because of his passionate public support for accused terrorists
>>>>>Abdel Basset Ali
>>>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>>>bombing of Pan Am
>>>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>>>trial in
>>>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>>>camp guard
>>>>>responsible for the murders of thousands of Jews during World War
>>>>>II. Demjanjuk
>>>>>was convicted and sentenced to death, although the Israeli Supreme
>>>>>Court later
>>>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>>>to personally
>>>>>escort the accused murderer back to the United States. In the
>>>>>case of the
>>>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>>>in this
>>>>>matter at a press conference in 1989, at which he claimed that the
>>>>>bombing was
>>>>>the result of a joint Syrian/CIA operation. ABC News London
>>>>>correspondent Pierre
>>>>>Salinger then picked up the story, utilizing Traficant, government
>>>>>informant
>>>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>>>Coleman
>>>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>>>story was a
>>>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>>>fraud
>>>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>>>Aviv's
>>>>>indictment Congressman Traficant found a replacement in Boris de
>>>>>Korczak as his
>>>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>>>is best known
>>>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>>>he had been
>>>>>recruited by the CIA as a double agent against the KGB, that
>>>>>his `cover' had
>>>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>>>with the
>>>>>KGB during a car chase through the streets of Copenhagen, and that
>>>>>his CIA case
>>>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>>>$300,000 in
>>>>>exchange for the promise of help in obtaining the pension he claimed
>>>>>was owed
>>>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>>>kidney 4
>>>>>months later by an unknown assailant armed with a pellet gun. The
>>>>>CIA denied
>>>>>Boris' claims he was owed monetary compensation and also denied any
>>>>>of its
>>>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>>>and the
>>>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>>>and his
>>>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>>>Al-Megrahi
>>>>>was recently convicted as the terrorist who planted the bomb that
>>>>>destroyed Pan
>>>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>>>addition to
>>>>>receiving campaign money from convicted Mafia figures and Middle
>>>>>Eastern
>>>>>political operatives, FEC documents also detail contributions made
>>>>>to
>>>>>Traficant's campaign from Unions that have been involved in
>>>>>corruption scandals
>>>>>in recent years. Those Unions include the American Federation of
>>>>>State, County,
>>>>>& Municipal Employees, the Communications Workers of America, the
>>>>>Transport
>>>>>Workers Union, and the UFCW. Traficant has also received
>>>>>donations from the
>>>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>>>President
>>>>>campaign, and the National Education Association Fund for Children
>>>>>and Public
>>>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>>>Association of
>>>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>>>degree to
>>>>>have ever beaten a Federal racketeering trial by acting as his own
>>>>>attorney.
>>>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>>>confession
>>>>>after agents played for him excerpts from the Carabbia tapes.
>>>>>Traficant then
>>>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>>>Flask's
>>>>>partner, who is today the President of the Cleveland Browns
>>>>>professional
>>>>>football team. However, after Traficant went public with charges
>>>>>that just about
>>>>>every public official in Youngstown was involved with the Mafia,
>>>>>Policy dumped
>>>>>Traficant as his client. Traficant then made a bold - and some would
>>>>>say insane
>>>>>- decision to renounce his confession and stand trial, acting as his
>>>>>own
>>>>>attorney. Traficant explained to the jury that he only accepted the
>>>>>Mafia bribe
>>>>>money so he would know whom to arrest for corruption once elected
>>>>>Sheriff. After
>>>>>four days of deliberations, the jury returned a verdict that stunned
>>>>>the
>>>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>>>Traficant then
>>>>>turned the publicity over his acquittal to his advantage and was
>>>>>elected to
>>>>>Congress in 1984. However, three years later he was again in Court,
>>>>>facing civil
>>>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>>>Representing him was
>>>>>attorney George Alexander, who has since been convicted of
>>>>>racketeering with the
>>>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>>>civil trial
>>>>>and ordered to pay back taxes, fines, and interest. For many
>>>>>months now,
>>>>>Traficant has been predicting during public appearances that he
>>>>>expects to be
>>>>>indicted - again - by the Federal authorities in Cleveland who have
>>>>>to date
>>>>>convicted over 70 public officials, many of whom are associates of
>>>>>the
>>>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>>>JAMESDE@prodigy.net.
>>>>>
>>>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>>>above material appeared in
>>>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>>>just Google that title to read the rest of the material
>>>>>
>>>>>material below is from:
>>>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>>>other unions, such as the Union of Painters and Allied Trades,
>>>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>>>(1978).
>>>>> 19. See infra Table II.
>>>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>>>
>>>>>material below appeared at
>>>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>>>Fuel Tax Evasion Highlights, March 1995
>>>>>Volume 4, Number 1 March 1995
>>>>>
>>>>>--------------------------------------------------------------------------------
>>>>>IN THE NEWS
>>>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>>>1980's who turned government informant and was subsequently booted out
>>>>>of the witness protection program and is now wanted by Texas
>>>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>>>before he and 7 others were to begin trial. Balagula is already
>>>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>>>Dept. of Justice Press Release, 11/4/94
>>>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>>>Columbus Dispatch, 12/24/94
>>>>>The worldwide activities of Russian organized crime and its ability to
>>>>>bilk companies, governments and individuals out of billions of dollars
>>>>>through sophisticated fraud and theft schemes is described in two
>>>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>>>6/94
>>>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>>>State Journal, 11/1/94
>>>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>>>charges growing out of the Operation Red Daisy investigation conducted
>>>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>>>12/16/94
>>>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>>>free diesel fuel and used transformer oil from suppliers and utility
>>>>>companies using false documents showing the fuel was destined for
>>>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>>>Week, 5/30/94;
>>>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>>>excess of $475,000. Press Release, Travis County D.A.
>>>>>The State of Maryland filed tax assessments of over $300,000 against
>>>>>two trucking companies and a fuel oil distribution firm for using home
>>>>>heating oil in trucks. Six other companies are expected to receive
>>>>>assessments. The assessments stem from a joint investigation by the MD
>>>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>>>6/20/94; Washington Times, 6/10/94
>>>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>>>Star, 1/14/95
>>>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>>>to 54 criminal counts, including failing to pay more than $24 million
>>>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>>>substandard gas in connection with their 200 gas stations. Under a
>>>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>>>than 8 years in State prison. The amount of restitution could be as
>>>>>much as $800 million. The Lazars operated California Target
>>>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>>>Service Stations, and Challenge Marketing. The firms are pending
>>>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>>>9/26/94; L.A. Times, 9/27/94
>>>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>>>Revenue Department special agents who are trained in investigating
>>>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>>>TX)
>>>>>DYED DIESEL ENFORCEMENT
>>>>>Truckers are warned not to run on red diesel and urged to do visual
>>>>>checks when refueling.
>>>>>Transport Topics, 10/24/94
>>>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>>>11/7/94
>>>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>>>WANT TO KNOW MORE?
>>>>>For more information or updates to the mailing list, call Linda
>>>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>>>20590.
>>>>>FAX back address corrections or additions to: 202-366-7696
>>>>>
>>>>
>>>>I agree completely with that one part about that one guy
>>>>who said something about something or other.
>>>>
>>>>Discuss!
>>>
>>>I'm proud to be a union man. I pay my dues when I can... yeah.
>>
>>
>> Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
>> to chat with you anyway, you know, just to "see how the other half
>> live," and all. Anyway, what's up?
>
>Not much here, i had a favorite fan of yours talking to one of my
>bots, recently.

Is this supposed to be some kind of code for something?

 

[J. Raoul Xemblinosky]

On Sun, 11 Nov 2007 21:25:12 -0600, ??? rrock <invalid@address.here>
wrote:

>
>
>Wavy G wrote:
>
>> Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:
>>
>>
>>>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>>>wrote:
>>>
>>>
>>>>
>>>>reallyveryradical wrote:
>>>>
>>>>
>>>>>Can We Stop The Demobrocrats
>>>>>
>>>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>>>primary, as the campaigns of 2008 presidential candidates seek
>>>>>endorsements from the major labor federations and member unions.
>>>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>>>Obama has an economics speech in New York City in the morning and
>>>>>Clinton delivers her plan to deliver universal health care coverage in
>>>>>Iowa.
>>>>>
>>>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>>>attend"
>>>>>above from
>>>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>>>
>>>>>In the Matter of Alan D. Wasserman
>>>>>
>>>>>Laborers' International Union of North America
>>>>>Independent Hearing Officer
>>>>>Docket No. 97-57D
>>>>>Decided October 7, 1998
>>>>>Order and Memorandum
>>>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>>>matter is discussed below in detail.
>>>>>This matter comes before the Laborers' International Union of North
>>>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>>>Specifically, Wasserman is charged with knowingly associating with a
>>>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>>>labor payoffs from contractors, offering to allow employers to pay
>>>>>LIUNA members less than union-scale wages and benefits, and
>>>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>>>client was depressed and unable to assist him in his defense. In
>>>>>support, Gold presented a letter of a medical doctor who stated that
>>>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>>>such a disorder rendered him unable to assist in his defense but
>>>>>merely indicated that Wasserman's ability to testify was impaired.
>>>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>>>defense. I decided to proceed with the hearing but told Gold that if
>>>>>he desired an additional session to present new evidence based on the
>>>>>cooperation of his client, he should inform me and a hearing would be
>>>>>arranged.
>>>>>At the conclusion of the hearing, I instructed both parties to inform
>>>>>me by June 15, 1998, whether they wished the record to remain open
>>>>>pending the submission of additional evidence. The parties were also
>>>>>instructed to submit post-hearing briefs three weeks following June
>>>>>15, 1998. I stated "You have until June 15th to let me know what
>>>>>other plans you have, whether to close or keep the record open."
>>>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>>>original and one copy of all exhibits presented at the May 27, 1998
>>>>>hearing. Wasserman filed no response to the motion to admit the
>>>>>confidential witness testimony.
>>>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>>>communication with my office. Attorney Gold made no effort to contact
>>>>>my office regarding his client's mental status or his intention to
>>>>>offer any additional evidence. I filed the August 28 Order which
>>>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>>>Gold by letter to my office complained of not having had an
>>>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>>>letter was Wasserman's first contact with my office in over three
>>>>>months. I issued an Order placing the August 28 Order in suspense and
>>>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>>>September 4, 1998. I permitted both parties to file written
>>>>>objections and conclusions to the proposed order with arguments to
>>>>>support their conclusions. I clearly stated that objections and
>>>>>arguments were to be filed by September 28, 1998. Despite the
>>>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>>>indicating he wished to discuss a timetable for the completion of
>>>>>evidence after October 1, 1998, including the possibility of having
>>>>>his client testify. I denied Gold's request to hold the record open
>>>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>>>1998, to file objections to the August 28 Order. I also requested
>>>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>>>asserted that Wasserman was able to appear and testify; however, he
>>>>>did not submit any proposed testimony by Wasserman as requested. I
>>>>>find that there is no credible evidence that Wasserman ever intended
>>>>>to appear.
>>>>>Qualification Of Expert Witnesses
>>>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>>>("Schaffler") as expert witnesses.
>>>>>Jack Elko
>>>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>>>of those years, Elko specialized in organized crime investigations for
>>>>>the Division of Criminal Justice of the Office of the Attorney General
>>>>>of New Jersey. Id. Prior to his employment with the Division of
>>>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>>>County in Morristown, New Jersey. He attended numerous service
>>>>>schools, including the New Jersey State Police Academy, courses
>>>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>>>Elko testified in this proceeding as an expert in the make-up and
>>>>>structure of organized crime, specifically in the Newark area. This
>>>>>technique has been accepted in similar union disciplinary matters.
>>>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>>>Elko used tested and accepted investigative techniques to verify the
>>>>>credibility of the individuals whose information he related at the
>>>>>hearing. Elko testified as to information and hearsay statements of
>>>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>>>weight to hearsay declarations of three LCN members that were related
>>>>>by an FBI agent. The court used a number of factors to evaluate the
>>>>>reliability of the statements. The court noted that the statements
>>>>>corroborated each other in crucial respects, the reports painted a
>>>>>consistent picture of the relationship of the individuals and the
>>>>>statements matched the FBI agent's declaration in the subject matter.
>>>>>Id. The court held that these declarations constituted relevant
>>>>>evidence that a reasonable mind might accept on the subject of
>>>>>association with organized crime. Id.
>>>>>I find that Elko is a qualified witness, expert in organized crime
>>>>>matters, and his testimony, in conformance with accepted investigative
>>>>>techniques, is reliable.
>>>>>Elko related information given to him by five named individuals
>>>>>described below, three of whom have cooperated with federal
>>>>>authorities and two of whom are law enforcement officers.
>>>>>Rocco Cagno
>>>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>>>109. Cagno became a made member in 1987; thereafter, he was
>>>>>incarcerated. The record does not reflect the reason for his
>>>>>incarceration.
>>>>>He was released from prison in 1990 and his movements were monitored
>>>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>>>required to gain employment. He became employed by Local 342 through
>>>>>the influence of Colombo family members and Anthony Proto, who was
>>>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>>>to speak with Cagno in October 1997 concerning the various organized
>>>>>crime affiliations within Local 342. Tr. 109.
>>>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>>>both made members of the Lucchese organized crime family and are also
>>>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>>>been the acting boss of the New Jersey faction of the Lucchese
>>>>>family. Id.
>>>>>Steve Montgomery and Lt. Dennis Masucci
>>>>>Elko also based his opinion on information supplied to him by two law
>>>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>>>information provided by Masucci is based upon confidential informant
>>>>>sources proven reliable in the past, who gave Masucci information
>>>>>which resulted in the arrest of organized crime members, including
>>>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>>>Montgomery's information is also based on his personal investigation
>>>>>and confidential sources.
>>>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>>>each other and by the information supplied by Masucci and
>>>>>Montgomery.
>>>>>Jeffrey Schaffler
>>>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>>>He spent his last years as a special agent with the Office of Labor
>>>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>>>an assistant special agent in charge of a DOL investigation office.
>>>>>Id. Schaffler is currently under contract to the Office of the
>>>>>Inspector General of the Port Authority of New York and New Jersey.
>>>>>His duties involve investigation of contractors who do business with
>>>>>the Port Authority, the operation of construction projects, the manner
>>>>>in which construction bids are made, contract fraud and wage and hour
>>>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>>>capacity of an expert in the labor field.
>>>>>I find that Schaffler is a qualified expert witness in the labor
>>>>>field.
>>>>>Findings of Fact
>>>>>Structure of Organized Crime
>>>>>1. The LCN is a tightly structured
>>>>>criminal organization which operates in various cities throughout the
>>>>>United States. It is in the business of crime for a profit.[1]
>>>>>2. The LCN is comprised of groups of individuals organized into
>>>>>entities called families. Tr. 105.
>>>>>3. A typical LCN family structure consists of the head (the
>>>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>>>activities of LCN members and their associates. LCN members within a
>>>>>family operate in small groups called "crews" which are headed by men
>>>>>called "capos" or "crew bosses." Tr. 106.
>>>>>4. A "made member" is an individual within an LCN family who
>>>>>has undergone an initiation process and sworn allegiance to that
>>>>>family putting the family above everything else. Tr. 106. See also
>>>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>>>5. An "associate" is an individual who works under a capo and
>>>>>assists made members, but who has not been formally initiated into the
>>>>>family. Tr. 106. An associate may either earn his living by
>>>>>performing illegal acts on behalf of an LCN family or he may have an
>>>>>ostensibly legitimate job while at the same time assisting a
>>>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>>>129-30.
>>>>>6. Both members and associates engage in activities which bring
>>>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>>>associate could only become a made member by participating in the
>>>>>murder of an individual. In more recent times, an associate may
>>>>>become a made member based upon the benefits he is able to produce for
>>>>>that family, such as earning large sums of money or exercising
>>>>>influence in business or politics. Tr. 106-07.
>>>>>7. A number of LCN families are located in the New York/New
>>>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>>>The LCN's History Of Control Over Local 342
>>>>>8. The evidence presented during the hearing establishes by a
>>>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>>>been subject to LCN control for many years.
>>>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>>>crime families have shared control of Local 342. Tr. 110. The two
>>>>>families shared illegal profits from contractors within their
>>>>>jurisdiction by soliciting money for labor peace and outright
>>>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>>>families were placed on the labor payroll with various contractors
>>>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>>>families later shifted to an arrangement where the Colombo family
>>>>>received preferential treatment for placement of workers at particular
>>>>>contract sites, but no longer shared in racketeering labor profits.
>>>>>Tr. 111-12.
>>>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>>>to the present, the Task Force and other law enforcement entities have
>>>>>documented the Gambino family infiltration of Local 342. Id.
>>>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>>>family in New York. After Castellano's murder in December 1985, he
>>>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>>>of Local 342 for several years prior to the Task Force's creation in
>>>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>>>for racketeering. Tr. 138.
>>>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>>>made member of the Gambino family. Tr. 117, 133.
>>>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>>>month for permission to park the vendor's vehicle on a particular
>>>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>>>with a sledgehammer. Id. The police responded and, after a period of
>>>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>>>approval, the charges were downgraded to simple assault, not pursued,
>>>>>and the vendor immediately left New Jersey and moved to South
>>>>>Carolina. Id.
>>>>>15. At the time of the assault, Andrade was a shop steward of
>>>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>>>time was an employee of Local 342. Id.
>>>>>16. In 1987, the Task Force launched an investigation into
>>>>>organized crime influence in New Jersey. The investigation employed
>>>>>court authorized electronic surveillance and other investigative
>>>>>techniques. The investigation resulted in the indictment of numerous
>>>>>Gambino family members for labor racketeering in New Jersey, one of
>>>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>>>James Proto with his duties. Tr. 134.
>>>>>18. While Andrade was Business Agent and James Proto was Business
>>>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>>>147.
>>>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>>>family in Staten Island, New York. Vallaro's father was a made member
>>>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>>>Following the 1993 convictions of other Gambino family members,
>>>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>>>20. At the time of his move, Vallaro was unknown to law
>>>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>>>presence and involvement in the LCN through electronic surveillance
>>>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>>>information about Vallero which Elko obtained from the surveillance
>>>>>was verified by Cagno. Tr. 136.
>>>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>>>and responsible for the New Jersey area, including all the Gambino
>>>>>family members and associates within Local 342. Tr. 109, 113.
>>>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>>>testified that he learned this fact from intelligence sources,
>>>>>discussions with Cagno and interviews with other organized crime
>>>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>>>23. After Proto's incarceration, Cagno became concerned about the
>>>>>distribution of money and work for the Colombo family members within
>>>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>>>York City Colombo family. Id. Cagno was approached within the next
>>>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>>>24. Cagno and Juicy DiModica, as representatives of their
>>>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>>>DiModica and the Gambino family. Tr. 114.
>>>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>>>labor issues and Local 342. Id.
>>>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>>>Bisaccia were intercepted and monitored. Id.
>>>>>27. In April 1994, a conversation was intercepted between Joseph
>>>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>>>not making any money for them and that they would be broke in two
>>>>>months. Elko testified that he understood this conversation to mean
>>>>>that James Proto was not being forceful enough in extracting money
>>>>>from contractors for Local 342. Id.
>>>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>>>conversation, James Proto remained Business Manager of Local 342 for
>>>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>>>Id.
>>>>>VHR Construction
>>>>>Charge I:
>>>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>or a thing of value from VHR Construction, an employer engaged in an
>>>>>industry affecting interstate commerce, when Wasserman asked for a
>>>>>payoff in form of a "Christmas gift" while being a Union member and
>>>>>representative (29 U.S.C. ?186(b)(1)).
>>>>>Charge II:
>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>employer while being a Union member and representative, in violation
>>>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>>>Practices Code.
>>>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>>>a contractor who desired confidentiality had alleged that Wasserman
>>>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>>>Newark International Airport, and had caused the contractor's
>>>>>equipment to be damaged. The contractor stated specifically that one
>>>>>piece of equipment was filled with concrete and another piece was
>>>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>>>pure hearsay, the specificity of the description of the damage is
>>>>>corroborated later in interviews with a company official.
>>>>>30. The IG sent investigators to Newark to verify the
>>>>>allegations. Id.
>>>>>31. VHR Construction was a general contractor at the Newark
>>>>>Airport and signatory to a collective bargaining agreement with Local
>>>>>342. Tr. 21, 23.
>>>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>>>Construction. Tr. 21.
>>>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>>>company was not the victim of the equipment damage, but he had heard
>>>>>about the incident. Tr. 22.
>>>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>>>35. Wortman said that he and his staff had threatened to dock
>>>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>>>Wortman's office to discuss the issue during the weeks before
>>>>>Christmas of 1995. Id.
>>>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>>>was also a member but not an officer or even a steward of Local 342.
>>>>>Tr. 28-29.
>>>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>>>record is silent as to Wasserman's participation in the request.
>>>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>>>to the meeting to make the request and fully approved of the demand.
>>>>>38. At the hearing in the instant matter, Schaffler testified
>>>>>that, in his expert opinion of the construction industry, labor
>>>>>payoffs are usually made at Christmastime or at the beginning of the
>>>>>summer or late spring. Tr. 167.
>>>>>39. It was also Schaffler's expert opinion, based on his
>>>>>experience, James DiModica's request for a Christmas gift was the
>>>>>solicitation of a bribe. Tr. 165. I find that under the
>>>>>circumstances all parties understood that the meaning of the request
>>>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>>>that Wortman's testimony was corroborated by other testimony, and is
>>>>>reliable.
>>>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>>>the matter of his pay being docked for continually leaving the job.
>>>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>>>weight since Wasserman and Wortman entered into an agreement settling
>>>>>the matter.
>>>>>
>>>>>
>>>>>B.J. McGlone & Co. Inc.
>>>>>Charge III:
>>>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>>>in an industry affecting interstate commerce, when he demanded labor
>>>>>payoffs from an employer while being a Union member and representative
>>>>>(29 U.S.C. ?186(b)(1)).
>>>>>Charge IV:
>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>employer and offered to allow that employer to use non-Union labor or
>>>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>>>so doing violated his obligation as a member of the Union to refrain
>>>>>from interfering with the proper conduct of Union business, in
>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>of the LIUNA Ethical Practices Code
>>>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>>>which provides fireproof material and services. Tr. 47. McGlone
>>>>>performed and worked at the Newark Airport job site in 1994.
>>>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>>>who was involved in managing one of the job sites at the Newark
>>>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>>>name would not be repeated to anyone outside of the interview.
>>>>>Although he requested anonymity, the record is clear that he was an
>>>>>officer of McGlone, that he was involved in the operation of the site,
>>>>>and that he dealt with Wasserman. The probative value of this
>>>>>testimony will be discussed below.
>>>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>>>55.
>>>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>>>conversation about placing safety equipment on the job site. The
>>>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>>>company did not install the equipment and the job commenced. Id.
>>>>>45. Two pieces of equipment were subsequently damaged at the job
>>>>>site. Id. One spray machine was filled with concrete and another was
>>>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>>>170. This description corroborates the description of the damage in
>>>>>the anonymous report made to the IG.
>>>>>46. Schaffler testified that it is common practice when a company
>>>>>does not comply with demands for payoffs from LCN controlled unions,
>>>>>the union may resort to intimidation methods to frighten the company
>>>>>officials. Id. A common method is to damage equipment. Id.
>>>>>47. The officer subsequently had a conversation with Wasserman in
>>>>>which the officer told Wasserman the equipment was damaged and said
>>>>>"this is not the way for you to put your people to work." Tr. 53.
>>>>>Wasserman made no reply to this accusation and requested a meeting.
>>>>>Tr. 54
>>>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>>>without interference and the company need only pay the workers enough
>>>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>>>was not his decision to pay the money and that he would have to refer
>>>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>>>money was paid.
>>>>>49. Schaffler testified that he was familiar with the terms "give
>>>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>>>workers enough for them to buy a ham sandwich," under the
>>>>>circumstances, meant the workers could be paid a moderate amount for
>>>>>work completed, but the company would not have to adhere to all terms
>>>>>of the collective bargaining agreement, including paying fringe
>>>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>>>James DiModica would take responsibility for handling any complaints
>>>>>from the workers. Id.
>>>>>50. Attorney Gold argues that the testimony of the McGlone
>>>>>official is not credible. Gold states that the official is biased
>>>>>against Wasserman because Wasserman came to the meeting to discuss
>>>>>legitimate safety issues at McGlone, and the official was upset at
>>>>>being confronted with safety violations. This argument has little
>>>>>weight because substantial damage had been done to McGlone's
>>>>>equipment. It would be more cost effective for McGlone to address
>>>>>legitimate safety issues than to damage its own equipment and blame
>>>>>Wasserman. I find the official's representation of the events to be
>>>>>credible, and corroborated by other evidence. See the Discussion,
>>>>>infra.
>>>>>E & S Construction
>>>>>Charge V:
>>>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>an act of racketeering in that Wasserman did request and demand money
>>>>>or a thing of value from E&S Construction, an employer engaged in an
>>>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>>>from an employer while being a Union member and representative (29
>>>>>U.S.C. ?186(b)(1)).
>>>>>Charge VI:
>>>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>>>an employer and offered to allow that employer to use non-Union labor
>>>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>>>in so doing violated his obligation as a member of the Union to
>>>>>refrain from interfering with the proper conduct of Union business, in
>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>of the LIUNA Ethical Practices Code.
>>>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>>>contacted the LIUNA New Jersey regional office concerning an
>>>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>>>shortly thereafter. Id.
>>>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>>>could not work as a laborer, he formed his own construction company.
>>>>>Id.
>>>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>>>9 in New Jersey. Id.
>>>>>54. In the same month, Taylor received a call from Wasserman who
>>>>>identified himself as a representative from Local 342 and requested a
>>>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>>>55. The following day, Wasserman arrived at Taylor's job site
>>>>>accompanied with an individual Taylor later identified as James
>>>>>DiModica. Id.
>>>>>56. At the start of the meeting, James DiModica stated that he had
>>>>>just gotten out of jail. Tr. 60.
>>>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>>>at the Newark Airport with the Brown Matthews Company, and he
>>>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>>>58. Taylor replied that at the time he had three full-time workers
>>>>>with his company and the workload was just enough for those three
>>>>>workers. Taylor said if his workload increased he would definitely
>>>>>call the Local 342 hiring hall for laborers. Id.
>>>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>>>use them because he had to use Local 342 members. Id.
>>>>>60. Wasserman then made a motion with one of his hands indicating
>>>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>>>$5,000. Id.
>>>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>>>the workers any benefits. Id. Taylor understood this to mean that
>>>>>the various fringe benefits, pension annuity, and medical benefits
>>>>>required by the collective bargaining agreement would not have to be
>>>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>>>Wasserman would make him put up a bond for the benefits at his job
>>>>>site. Tr. 59.
>>>>>63. Towards the end of the meeting, James DiModica made a
>>>>>statement to Taylor that "we have connections, we'll get you paid
>>>>>faster." Tr. 60.
>>>>>64. Subsequently, Taylor positively identified James DiModica from
>>>>>photographs shown to him by IG Inspectors. Id.
>>>>>65. I find that there was no reason for James DiModica, who had no
>>>>>official union position, to accompany Wasserman to Wasserman's
>>>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>>>DiModica visits to the contractors appears, under these circumstances,
>>>>>to be a joint venture in extortion.
>>>>>66. The statements of Taylor as to what the demands meant and the
>>>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>>>extortionate practices are credible and well founded.
>>>>>67. Attorney Gold contends that the appearance of James DiModica
>>>>>with Wasserman where money was solicited from employers was not in
>>>>>itself improper. Gold argues that DiModica might have been a shop
>>>>>steward on at least one of the jobs, and his appearance on any of the
>>>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>>>associate of organized crime. On one occasion he suddenly requested a
>>>>>Christmas gift from the employer and on another he began the
>>>>>conversation by informing the employer that he had just been released
>>>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>>>serve the purpose of intimidating the contractor.
>>>>>68. Attorney Gold also contends that since none of the complaining
>>>>>persons ever alleged that as a result of denying payoffs they suffered
>>>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>>>go unpunished. There is no evidence to indicate whether or not the
>>>>>payments were made. The record is silent on that matter; however,
>>>>>there is evidence that equipment at McGlone was heavily damaged after
>>>>>McGlone refused to install the requested safety apparatus.
>>>>>Knowing Association With The LCN
>>>>>Charge VII:
>>>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>>>associating with La Cosa Nostra crime family members or associates,
>>>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>>>crime family and James DiModica, an associate of the Gambino crime
>>>>>family.
>>>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>>>Jersey for approximately ten years.
>>>>>70. At the time of the hearing in this matter, Wasserman was the
>>>>>Business Manager of Local 342. He was appointed by the Executive
>>>>>Board to succeed James Proto. Wasserman has also served in the
>>>>>positions of field representative and a shop steward of Local 342.
>>>>>71. The GEB Attorney offered the history of Local 342 described
>>>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>>>as evidence of Wasserman's associations with the Gambino family.
>>>>>72. Based upon his years of investigation, including the
>>>>>aforementioned information in paragraphs 8 through 28, and
>>>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>>>concluded that Juicy DiModica is a made member of organized crime and
>>>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>>>73. Based upon his information, including direct information from
>>>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>>>years of surveillance, Elko concluded that James DiModica is an
>>>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>>>74. Based upon direct information from Cagno, information from
>>>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>>>123, 129.
>>>>>Discussion
>>>>>The IHO must base his decisions on reliable evidence through a review
>>>>>of what is probative and reliable. Attorney Gold objects to the use
>>>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>>>however, reliable hearsay evidence is admissible in labor
>>>>>arbitrations. Associated Cleaning Consultants and International
>>>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>>>evidence has been admitted regularly in union disciplinary proceedings
>>>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>>>1990). The test is whether the evidence is reliable. Senese &
>>>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>>>389, 402 (1971)).
>>>>>The testimony of the IG Inspectors regarding statements of contractors
>>>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>>>& S Construction are hearsay; however, they demonstrate a similar
>>>>>pattern, and similar demands were related by three individuals who
>>>>>have neither bias nor reason to falsify. The individuals knew their
>>>>>statements would eventually be known when they spoke to the
>>>>>investigating officials, yet they still exposed themselves to the risk
>>>>>of voluntary cooperation. One of the individuals initiated contact
>>>>>with officials. I recognize that one of the individuals has remained
>>>>>unnamed and, standing alone, his statements would not be probative.
>>>>>Nonetheless, I give evidentiary weight to his information due to the
>>>>>striking similarity between the three incidents. The hearsay
>>>>>statements of the unnamed individual match the hearsay statements of
>>>>>the named individuals. The statements describe the same modus
>>>>>operandi, the same labor extortion goals during roughly the same time
>>>>>period, and involve the same two perpetrators. I find that the
>>>>>hearsay statements of the contractors corroborate each other and I
>>>>>find the evidence to be reliable especially given the very similar
>>>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>>>hearsay evidence reliable based upon FBI Agent's information being
>>>>>culled from various sources and the various sources' corroboration of
>>>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>>>of factors to evaluate reliability giving evidentiary weight to
>>>>>hearsay declarations of three LCN members related by FBI agent;
>>>>>factors included corroborating statements in crucial respects, a
>>>>>consistent picture of the relationship of the individuals and the
>>>>>statements matched the FBI agent's declaration in the subject matter).
>>>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>>>conduct includes, among others, committing any act of racketeering.
>>>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>>>"committing any act of racketeering, as defined in Title 18 of the
>>>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>>>U.S.C. ? 1961(a).
>>>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>>>and or to receive anything of value from a contractor with whom he has
>>>>>a collective bargaining agreement:
>>>>>It shall be unlawful for any person to request, demand, receive, or
>>>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>>>of any money or other thing of value prohibited by subsection (a) of
>>>>>this section.
>>>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>>>"giving any money or other thing of value to any labor organization,
>>>>>or any officer or employee thereof, which represents, seeks to
>>>>>represent, or would admit to membership, any of the employees of such
>>>>>employer who are employed in an industry affecting commerce."
>>>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>>>believed the request for a gift was an "extortion or a demand." The
>>>>>argument has no merit; any form of request is prohibited.
>>>>>Barred conduct also includes "knowingly associating" with members of
>>>>>an organized crime family such as the LCN, and knowingly allowing an
>>>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>>>union member knew the person with whom he or she was associating was a
>>>>>member or associate of the LCN; (2) the association related directly
>>>>>or indirectly to the affairs of the union; and (3) the association was
>>>>>more than fleeting or casual. Id.
>>>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>>>Administrator's determination that "'knowing association' can be
>>>>>inferred from the duration and quality of the association." 745
>>>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>>>he was associating were members of organized crime. The individuals
>>>>>with whom Wasserman dealt were identified as well known members of
>>>>>organized crime families by three former organized crime members. The
>>>>>association was not fleeting or casual. Wasserman attended meetings
>>>>>with contractors accompanied by James DiModica, a known associate of
>>>>>organized crime, whose presence was not related to the ordinary course
>>>>>of union business. Wasserman took James DiModica along for his
>>>>>intimidation factor. Wasserman had to have known James DiModica was
>>>>>associated with organized crime; there was no other reason for
>>>>>DiModica to accompany him. A similar conclusion was reached by the
>>>>>Independent Administrator in Cimino where the Independent
>>>>>Administrator found that Cimino had to have known of Nicodemo
>>>>>Scarfo's Philadelphia organized crime ties during their association
>>>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>>>use Cimino and the local union to "further his La Cosa Nostra
>>>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>>>obviously an illegal joint venture to extort union contractors with
>>>>>the approval of the Gambino family.
>>>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>>>part time no-show shop steward and argued that being a no-show shop
>>>>>steward is evidence of being associated with organized crime. I do
>>>>>not find this evidence to be probative of Wasserman's organized crime
>>>>>association.
>>>>>Obstruction
>>>>>Charge IX:
>>>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>>>terminating the interview, and thereby obstructing and interfering
>>>>>with an investigation being conducted by the LIUNA Inspector General's
>>>>>Office.
>>>>>Findings of Fact
>>>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>>>residence in Union, New Jersey. Tr. 61, 64.
>>>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>>>second time at the VHR job site at the Newark Airport to obtain the
>>>>>additional information about James DiModica. Tr. 64.
>>>>>77. They met Wasserman as he came out of the security area. The
>>>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>>>parking lot area and the IG Inspectors agreed. Id.
>>>>>78. The IG Inspectors told Wasserman they needed more information
>>>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>>>with them and stated he was very concerned that someone had broken
>>>>>into his house three days after the May 1996 interview with the IG
>>>>>Inspectors. Tr. 66.
>>>>>79. Wasserman refused to reply to questions about James DiModica
>>>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>>>left the building. Id.
>>>>>80. Outside the building, IG Inspectors again requested that
>>>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>>>66-67.
>>>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>>>interview, and thereby obstructed the IG investigation.
>>>>>CHARGE X
>>>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>>>testifying that he had been elected by the general membership to be
>>>>>the Business Agent for Local 342 despite knowing that the general
>>>>>membership did not elect him and that he instead was appointed to the
>>>>>position.
>>>>>82. I find the fact that Wasserman's statements that he was
>>>>>elected rather than having been appointed, was not a material fact and
>>>>>was not in violation of the EPC.
>>>>>CHARGES XI-IV
>>>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>>>testified at his deposition, that he never demanded a Christmas gift
>>>>>from a contractor, that he never demanded things of value from a
>>>>>contractor in exchange for labor peace, that he never attempted to
>>>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>>>or approached contractors with James DiModica. The preponderance of
>>>>>the evidence proves that Wasserman did perform all of these acts and
>>>>>when he was asked about them under oath he denied his participation.
>>>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>>>July 8, 1997 deposition that he never knowingly associated with
>>>>>members or associates of organized crime. See GEB Ex. 1. The
>>>>>preponderance of the evidence shows he gave false testimony when he
>>>>>was asked about his connections with organized crime and he denied
>>>>>them.
>>>>>Conclusions
>>>>>1. During the period of time alleged in the charges, Local 342
>>>>>was dominated by members or associates of the Gambino crime family.
>>>>>2. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by requesting money from VHR Construction in
>>>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>3. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>4. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>>>5. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by demanding money in exchange for labor
>>>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>>>and the EPC.
>>>>>6. There is a preponderance of the evidence that Wasserman
>>>>>committed barred conduct by offering to allow E & S Construction to
>>>>>pay LIUNA members less than union-scale wages and benefits in
>>>>>violation of 186 ' (b)(1) and the EPC.
>>>>>7. There is a preponderance of the evidence that Vincent
>>>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>>>is an associate of the Gambino family.
>>>>>8. There is a preponderance of the evidence that Wasserman
>>>>>knowingly associated with members of organized crime, thereby
>>>>>committing barred conduct under the EDP.
>>>>>9. The evidence clearly demonstrates that Wasserman's
>>>>>associations with organized crime directly affected the affairs of the
>>>>>union. Wasserman took a known LCN associate on his visits to
>>>>>contractors and demanded payments in exchange for labor peace and
>>>>>permission to use either non-union labor or non-union scale wages and
>>>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>>>to extort contractors.
>>>>>10. There is preponderance of the evidence that Wasserman
>>>>>committed barred conduct by giving false testimony at his deposition
>>>>>when questioned about his association with organized crime and his
>>>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>>>Construction.
>>>>>11. Wasserman's statement that he was elected to be a Business
>>>>>Agent of Local 342, rather than appointed was not a material
>>>>>misstatement and did not obstruct the GEB Attorney.
>>>>>Decision
>>>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>>>the evidence. Charge X has not been proved by a preponderance of the
>>>>>evidence.
>>>>>Penalty
>>>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>>>permanently barred from holding an office in or being employed by
>>>>>Local 342 or from being an officer or being employed by any LIUNA
>>>>>affiliated entity or fund.
>>>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>>>10 days of the date this Order.
>>>>>Peter F. Vaira
>>>>>INDEPENDENT HEARING OFFICER
>>>>>
>>>>>
>>>>>--------------------------------------------------------------------------------
>>>>>
>>>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>>>17, 1998).
>>>>>
>>>>>
>>>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>>>More information. April 3, 2001, Tuesday
>>>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>>>restaurants and pizza parlors in New York City and surrounding area;
>>>>>various reasons cited"
>>>>>
>>>>>Hillary Clinton has long masqueraded as a champion of women's
>>>>>rights, yet the
>>>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>>>helping the
>>>>>rights of women, actually harmed women.
>>>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>>>...the West has helped to create the demand, by stationing tens of
>>>>>thousands of
>>>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>>>soldiers and
>>>>>international workers, but their presence has greatly fuelled the
>>>>>demand for
>>>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>>>which picked up
>>>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>>>increased
>>>>>since the Kosovo war. Finally, the West has helped to create the
>>>>>link between
>>>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>>>Albanian
>>>>>Mafia which now controls this market. The fact that there is so
>>>>>much reporting
>>>>>now on the matter of sex slaves may be an indication that the powers
>>>>>that be in
>>>>>the West are beginning to ditch those whom they portrayed during the
>>>>>spring of
>>>>>1999 as passive and innocent victims....
>>>>>
>>>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>>>and that a
>>>>>very large number of prostitutes there are effectively slaves.
>>>>>Although not all
>>>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>>>Albania - it
>>>>>has been affirmed by one of the leading authorities on prostitution
>>>>>that they
>>>>>are kept in captivity. "All the women currently on the streets (of
>>>>>Italy) are
>>>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>>>Romanians and the
>>>>>women from Eastern European countries all have their passports taken
>>>>>away by
>>>>>their pimps. There is not one metre of street in which prostitution
>>>>>is not
>>>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>>>Verona who
>>>>>has founded a charity which works with prostitutes. Benzi goes
>>>>>on, "The
>>>>>Albanians operate in family clans, in `joint ventures' with the
>>>>>Mafia in Eastern
>>>>>Europe and Italy. No new pimp can start operating in Italy without
>>>>>paying a
>>>>>percentage to the person who already controls the territory. Any
>>>>>mistakes are
>>>>>punished by death. For the Albanians, vendetta is second nature:
>>>>>the concept
>>>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>>>Association of the Community of Pope John XXIII, 48% of the
>>>>>prostitutes in Italy
>>>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>>>old); and 26%
>>>>>have been kidnapped and taken from their countries of origin by
>>>>>force.[8]
>>>>>source:
>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>Hillary Clinton has also masqueraded as someone concerned about
>>>>>Children's
>>>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>>>Clinton
>>>>>actually harmed children too.
>>>>>"Sexual exploitation of children
>>>>>An especially appalling aspect of the trade in human beings is the
>>>>>sexual
>>>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>>>Petersel,
>>>>>the Director of Save the Children in Moldova, whose organisation has
>>>>>started to
>>>>>house and rehabilitate young women and girls who have been forced
>>>>>into sex
>>>>>slavery. The youngest victim with which they have dealt was nine
>>>>>years old.
>>>>>260 victims of sex slavery have been housed and helped by Save the
>>>>>Children
>>>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>>>Albania,
>>>>>Macedonia, Italy, and Greece.
>>>>>References for further reading:
>>>>>Trafficking in Migrants,
>>>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>>>Milan, May
>>>>>1999
>>>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>>>Paoline
>>>>>Editoriale Libri, 1999
>>>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>>>liberazione del
>>>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>>>Editrice, Rome,
>>>>>2000.
>>>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>>>18th April
>>>>>2000
>>>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>>>Moldova,
>>>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>>>Parliament.
>>>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>>>Monde, 1st
>>>>>December 2000
>>>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>>>Albanian Daily
>>>>>News, 5th October 2000
>>>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>>>1st July 1999
>>>>>[6] Ibid.
>>>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>>>http://www.mess-s-
>>>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>>>itute.htm
>>>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>>>della
>>>>>prostituzione,
>>>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>>>recently
>>>>>attacked the Mafia activities of the Montengrin president, Milo
>>>>>Djukanović.
>>>>>See La Repubblica, 12th January 2001
>>>>>source:
>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>>>Italy's sexual slave trade
>>>>>
>>>>>
>>>>>Many prostitutes in Italy come from Albania
>>>>>In the first of two special reports, the BBC's Brian Barron
>>>>>investigates Italy's
>>>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>>>the
>>>>>business.
>>>>>It is estimated that there could be more than 40,000 foreign
>>>>>prostitutes on the
>>>>>streets of Italy - and the numbers are increasing.
>>>>>The streetwalkers venture out every night after 10, on the edge of
>>>>>big cities
>>>>>like Rome.
>>>>>Each trip was awful but that was my choice. If I returned to
>>>>>Albania I was
>>>>>dead.
>>>>>Prostitute
>>>>>In the Eor district, they are Albanian or from other former
>>>>>communist countries.
>>>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>>>travelled to
>>>>>Italy through their own efforts.
>>>>>One streetwalker whose identity must be kept secret recalls her
>>>>>particular
>>>>>journey.
>>>>>"I came by boat," she says.
>>>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>>>people with
>>>>>my own eyes."
>>>>>"Each trip was awful but that was my choice. If I returned to
>>>>>Albania I was
>>>>>dead."
>>>>>"Dead or alive - this was my only choice."
>>>>>Tarantelli: Women are held in slavery
>>>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>>>are slaves.
>>>>>"They are brought here," she says.
>>>>>"Their passports are destroyed often, usually as a matter of fact
>>>>>they are
>>>>>tortured to break their wills."
>>>>>"They're moved around from place to place so they don't know where
>>>>>they are.
>>>>>They don't speak the language."
>>>>>"They're terrified and they can't escape. They're held in slavery."
>>>>>Poverty
>>>>>
>>>>>For many of the girls, the journey began in their Albanian homeland.
>>>>>In Durres, most people are out of work, surviving on remittances
>>>>>from relatives
>>>>>abroad, like the girls on the streets of Italy.
>>>>>In its poverty and human desperation it is typical of countless
>>>>>Albanian
>>>>>communities.
>>>>>Once Albania was an all-powerful communist police state. It is now a
>>>>>country
>>>>>beyond the rule of law.
>>>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>>>difficult time
>>>>>stamping out the smuggling of young girls.
>>>>>Durres: Lawlessness and poverty prevail
>>>>>"We have had some success against traffickers in prostitutes," he
>>>>>says.
>>>>>"We've arrested at least three. But a big problem is what to do with
>>>>>the girls
>>>>>caught up in the system, especially if they come from outside
>>>>>Albania."
>>>>>"The fact is we do not have any organisation for helping them."
>>>>>"At times we've had to keep the girls in prison because there's
>>>>>nowhere for them
>>>>>to go."
>>>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>>>of the
>>>>>Albanian mafia being intercepted by Italian security forces.
>>>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>>>It was trying to land a batch of illegal immigrants on Italy's
>>>>>Adriatic coast.
>>>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>>>60 miles an
>>>>>hour, evaded the helicopters and ships trying to encircle them.
>>>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>>>Catholic
>>>>>charity, has launched another kind of assault on the Albanian mafia.
>>>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>>>witness protection
>>>>>programme for former prostitutes from Albania and Eastern Europe.
>>>>>Hope for some of the women in the witness protection programme
>>>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>>>he says.
>>>>>"It's not an easy decision to make. So these girls must have the
>>>>>courage to do
>>>>>it.
>>>>>"To cut all ties with the past. By pointing the finger at those who
>>>>>abuse them
>>>>>there is the chance that some of the guilty will be brought to
>>>>>justice."
>>>>>Eighty girls have collaborated. They have been rewarded with the
>>>>>right to remain
>>>>>in Italy and, when necessary, new identities.
>>>>>However, 500 declined because they were afraid of the godfathers.
>>>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>>>Pellegrino
>>>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>>>Was Johnny
>>>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>>>know please
>>>>>post your materials and sources for them.
>>>>>
>>>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>>>20th, 1940.
>>>>>
>>>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>>>
>>>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>>>the
>>>>>imagination. DioGuardi specialized, among other things, in
>>>>>victimizing Jews.
>>>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>>>less
>>>>>directly, as they became unwitting customers. The article below
>>>>>notes that "A
>>>>>salesman for the company testified in 1969 that often the meat they
>>>>>delivered to
>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>atrocity to
>>>>>perpetrate on our customers."
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>>>Queens, New
>>>>>York, listening to a tape recording of the conversations coming out
>>>>>of a bug-a
>>>>>tiny wireless microphone and radio transmitter hidden in the office
>>>>>of Norman
>>>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>>>to evidence
>>>>>that illustrated with chilling clarity that the Mafia controlled an
>>>>>industry
>>>>>that robbed the public of more than just its money. It was also
>>>>>stealing its
>>>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>>>kept
>>>>>cropping up. The cops knew who he was.
>>>>>
>>>>>
>>>>>
>>>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>>>viscous snarl
>>>>>as he slugged a United Press photographer outside a Senate committee
>>>>>hearing
>>>>>room, appeared on front pages of newspapers all over the country,
>>>>>because it so
>>>>>perfectly matched the average person's preconception of what a Mafia
>>>>>thug should
>>>>>look like.
>>>>>
>>>>>
>>>>>As the police developed their investigation into the Merkel Meat
>>>>>Company and the
>>>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>>>that the
>>>>>Lucchese crime family was earning big money from its involvement in
>>>>>the movement
>>>>>of substandard and, at times actually rotten meat, that was being
>>>>>sold into the
>>>>>retail marketplace.
>>>>>
>>>>>
>>>>>Dioguardi was a master fixer and controller of locals and unions
>>>>>and, through
>>>>>this influence, was able to manipulate opportunities for himself and
>>>>>the
>>>>>Lucchese family in a wide range of areas.
>>>>>
>>>>>
>>>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>>>one
>>>>>particular company that showed his ability to corrupt and control.
>>>>>
>>>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>>>salary of $250
>>>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>>>taken over
>>>>>control of the business. He used this company as a vehicle to gain
>>>>>control of
>>>>>the low price kosher meat business. Essentially his method was to
>>>>>take over an
>>>>>organization, buy in supplies and create an extended line of credit,
>>>>>never pay
>>>>>his debtors, and when the business went bust, move on to the next
>>>>>one.A salesman
>>>>>for the company testified in 1969 that often the meat they delivered
>>>>>to
>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>atrocity to
>>>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>>>went
>>>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>>>another
>>>>>company called Tel Aviv. That company also went belly-up in due
>>>>>course and he
>>>>>then set up a firm called First National Kosher Provisions. And so
>>>>>it went on.
>>>>>Eventually the law caught up with him and he was indicted, and in
>>>>>1967 was
>>>>>sentenced to five years in prison and fined $10,000. By this time,
>>>>>Dioguardi had
>>>>>been connected to the Lucchese family for over thirty years.
>>>>>Johnny Dio under arrest(AP)
>>>>>
>>>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>>>on Forsythe
>>>>>Street in Little Italy where his father Dominick owned a bicycle
>>>>>shop there. By
>>>>>1930, he was already at age fifteen an apprentice young hood. After
>>>>>a year and a
>>>>>half at Stuyvesant High School, he left to begin work. Through the
>>>>>influence of
>>>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>>>and upcoming
>>>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>>>extortionist
>>>>>working the Garment Center. He was also, as legend has it, one of
>>>>>the gangsters involved in the so called "Murder Inc." group
>>>>>that worked
>>>>>out of Brownsville, East New York, in the 1930's carrying out
>>>>>murders....Darkly handsome-so dark that he
>>>>>was called
>>>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>>>pleasant smile,
>>>>>well dressed, well barbered and well manicured, he was always
>>>>>careful to give
>>>>>the appearance of an urbane and successful businessman.In 1935,
>>>>>Thomas Dewey,
>>>>>the crusading New York DA, listed Dioguardi as among the most
>>>>>dangerous hoods in
>>>>>the city. And all this before he was twenty-one years old! In 1937
>>>>>he got a
>>>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>>>his uncle
>>>>>and several other mobsters for extortion and assault. They had been
>>>>>extracting
>>>>>$5000 from every trucker in the garment district, plus demanding a
>>>>>premium on
>>>>>every suit and coat made in the area.In 1944, he was indicted for
>>>>>operating an
>>>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>>>and convicted
>>>>>for failure to pay state income tax in connection with his continued
>>>>>shakedown
>>>>>of operators in the garment district. For that, he got sixty days.In
>>>>>November
>>>>>1957, he went on trial with some Teamster officials for shaking down
>>>>>owners of
>>>>>stationery stores. After a four week trial, he was convicted and
>>>>>sentenced to
>>>>>two years in jail.By the time he was forty, he was a "made man" in
>>>>>the Gagliano
>>>>>family which was now referred to as the Lucchese family, operating
>>>>>as a capo, or
>>>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>>>in the family
>>>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>>>a member of
>>>>>organized crime, generating in excess of $100,000 each week. He was
>>>>>so rich, his
>>>>>standard Christmas present to his wife was a shoe box stuffed with
>>>>>$50,000 and a
>>>>>sweet little note such as " buy yourself some nice clothes,
>>>>>honey."He lived in
>>>>>great style, wining and dining at the best hotels and restaurants in
>>>>>town, but
>>>>>always reserved Sundays to meet with family and friends, and prepare
>>>>>lunch or
>>>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>>>an
>>>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>>>home in
>>>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>>>for $75,000
>>>>>in the early 1960's. His legitimate business fronts which
>>>>>contributed to his
>>>>>significant tax returns each year, included many highly profitable
>>>>>clothing
>>>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>>>which sold
>>>>>promotional items to commercial establishments. One of their major
>>>>>customers was
>>>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>>>legendary in the
>>>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>>>to Los
>>>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>>>Mafia
>>>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>>>labour from
>>>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>>>every important
>>>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>>>Senate
>>>>>investigations named Dioguardi as one of the masterminds that
>>>>>manipulated the
>>>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>>>airport that
>>>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>>>to become
>>>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>>>friend,
>>>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>>>the New York
>>>>>area locals supported Hoffa, and this was necessary to swing enough
>>>>>voters to
>>>>>support his control of the mid western region, secured through the
>>>>>Chicago Mob's
>>>>>help. The solution was to create more locals: enough to establish a
>>>>>majority.
>>>>>This was done by setting up "paper" locals-locals with few if any
>>>>>members-that
>>>>>could swing the balance in the New York voting.Dioguardi engineered
>>>>>the creation
>>>>>of seven new Teamster unions. The extra supply of delegates from
>>>>>these
>>>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>>>convention.
>>>>>These seven locals were basically sham fronts, composed not of
>>>>>working people,
>>>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>>>nomination.With hindsight
>>>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>>>Department,
>>>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>>>imprisonment
>>>>>in 1967, release in 1971 and the events that led up to the fateful
>>>>>rendezvous on
>>>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>>>went there to
>>>>>meet up with three men. It was a rendezvous from which he never
>>>>>returned,
>>>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>>>Briguglio, a
>>>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>>>testator who
>>>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>>>undoubtedly one of the
>>>>>most powerful members of the Lucchese crime family. His influence
>>>>>was felt in
>>>>>many areas, particularly those relating to labor. He is remembered
>>>>>however, more
>>>>>than anything, for one especially terrible act.In the early hours of
>>>>>Thursday
>>>>>April 5th, 1956, a nationally known newspaper columnist and
>>>>>commentator on labor
>>>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>>>41-year-old
>>>>>Riesel was a crusading journalist, specializing in investigating
>>>>>union
>>>>>corruption and Mob-influenced officials. Writing for the Daily
>>>>>Mirror, his
>>>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>>>two workers
>>>>>from Local 138 of the International Operating Engineers Union out of
>>>>>Long
>>>>>Island. Run by father and son both called William DeKoning, they and
>>>>>their local
>>>>>were involved in shaking down contractors and were under
>>>>>investigation by
>>>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>>>secretary, Betty
>>>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>>>late
>>>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>>>approached them and
>>>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>>>Hospital,
>>>>>surgeons were unable to save his eyesight.
>>>>>Victor Reisel
>>>>>A federal investigation established the attacker was a twenty-two-
>>>>>year-old hood
>>>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>>>Carlino and
>>>>>paid $1,175 to do the job. The money had apparently been put up by
>>>>>Dioguardi. As
>>>>>publicity mounted, Tevi became convinced that he had been grossly
>>>>>underpaid to
>>>>>carry out a piece of work on such an important person and demanded
>>>>>$50,000. What
>>>>>he got instead was two bullets in the head, and his body was found
>>>>>on July 28th,
>>>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>>>Although some
>>>>>people were tried and convicted of the attack on Reisel, the two
>>>>>prime witnesses
>>>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>>>and all
>>>>>charges against Johnny Dio were dropped in May, 1957.
>>>>>The assault on Victor Reisel brought a lot of pressure down on
>>>>>Johnny Dio. The
>>>>>very action that was aimed at removing a source of irritation,
>>>>>resulted in far
>>>>>more damage to his activities that could possibly have occurred had
>>>>>the assault
>>>>>not taken place.Despite all the other criminal acts that he was
>>>>>involved in or
>>>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>>>Victor
>>>>>Reisel." That reputation more than anything else guaranteed that the
>>>>>police, FBI
>>>>>and the media would never stop hounding him, and as a result, he
>>>>>would
>>>>>eventually spend the rest of his prime years in prison for other
>>>>>crimes he
>>>>>committed.Dioguardi always on the lookout for new rackets,
>>>>>discovered the boom
>>>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>>>acquired
>>>>>from a failing company for little or no money; the market would be
>>>>>rigged in the
>>>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>>>then the
>>>>>shares would be sold at vastly inflated prices-leaving the investors
>>>>>to hold the
>>>>>bag when the fraud was eventually exposed. However fate and the law
>>>>>finally
>>>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>>>boss in the
>>>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>>>charges
>>>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>>>1973, and
>>>>>sentenced to a further prison sentence, concurrent to the one he was
>>>>>already
>>>>>serving at Danbury Prison in connection with one of his kosher meat
>>>>>company
>>>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>>>the same
>>>>>year.
>>>>>Johnny Dio going to prison one last time
>>>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>>>started young
>>>>>at fifteen and had a perfect introduction into the world of crime
>>>>>through the
>>>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>>>and polish
>>>>>in an enviable mixture. He made the right kind of connections from
>>>>>an early age.
>>>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>>>these
>>>>>contacts throughout his career as a means of levering his scams and
>>>>>extortion's
>>>>>into huge, money-spinning ventures for himself and his crime family.
>>>>>Like many
>>>>>criminals, he obviously had the brains and ability to have succeeded
>>>>>in
>>>>>legitimate business, had he been that way inclined. The highest
>>>>>earners in the
>>>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>>>lowest soldiers
>>>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>>>of their
>>>>>scheming and scamming.
>>>>>When he died in a Pennsylvania prison hospital, his passing
>>>>>attracted no
>>>>>newspaper attention. All his wealth and power and almost fifty years
>>>>>of criminal
>>>>>depravity seemed to count for nothing at all. It was as though he
>>>>>had never
>>>>>existed."
>>>>>source:
>>>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>>>
>>>>>2.html
>>>>>
>>>>>
>>>>>"February 2001In The Money: Congressman James Traficant And His
>>>>>Campaign
>>>>>ContributorsBy James Ridgway de Szigethy
>>>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>>>corrupted labor
>>>>>Unions and Middle Eastern political operatives are among those who
>>>>>have
>>>>>contributed to the past two re-election campaigns of Congressman
>>>>>James
>>>>>Traficant, an analysis of Federal Election Commission records
>>>>>reveals. These
>>>>>records, which are required filings under Federal Election law,
>>>>>reveal 219
>>>>>donations by individuals and 212 donations by Unions and Political
>>>>>Action
>>>>>Committees. 47 of the personal contributions came from outside the
>>>>>State of
>>>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>>>individuals that
>>>>>indicate a Middle Eastern background of the contributor. Among
>>>>>the
>>>>>contributors whose names would probably be recognized by most
>>>>>Youngstown
>>>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>>>Russell
>>>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>>>and Gerald
>>>>>Bostocky. Among the contributors whose names would probably NOT
>>>>>be
>>>>>recognized by most Youngstown residents are Virginia residents Ali
>>>>>Asghar
>>>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>>>Javad
>>>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>>>Georgia
>>>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>>>Hessein
>>>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>>>Mahmoud
>>>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>>>a former
>>>>>investigator for the District Attorney's office in Youngstown, was
>>>>>indicted last
>>>>>December on charges he bribed Judges to fix Court cases. Ed
>>>>>Flask accepted
>>>>>a plea bargain last year in which he pleaded guilty to felony
>>>>>charges in regards
>>>>>to his rip-off of nearly $2 million while running the public water
>>>>>utility in
>>>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>>>bribery trial
>>>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>>>Mafia
>>>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>>>Traficant
>>>>>bragging about how he laundered through Flask's law office part of
>>>>>the $163,000
>>>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>>>that
>>>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>>>Flask which
>>>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>>>and murdered.
>>>>>B & T Express employee Sam Traficanti was present during some of the
>>>>>secret tape
>>>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>>>Traficant,
>>>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>>>Express also
>>>>>donated to Traficant's campaign records show. Traficanti is not
>>>>>related to
>>>>>Congressman Traficant. Last September, the Congressman's employee
>>>>>Anthony
>>>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>>>Cleveland.
>>>>>Congressman Traficant has also received campaign contributions from
>>>>>Youngstown
>>>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>>>has entered
>>>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>>>Terlecky, a
>>>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>>>bribes from
>>>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>>>same
>>>>>authorities that are now involved in the investigation of
>>>>>Congressman Traficant,
>>>>>including two public figures who attended an anti-Mafia summit
>>>>>meeting recently
>>>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>>>chairman of the
>>>>>Mahoning County Board of Elections who is seeking information the
>>>>>Congressman
>>>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>>>officials in
>>>>>Youngstown. Terlecky also claims that it was he who found the
>>>>>infamous
>>>>>Carabbia tapes months before the FBI during an illegal search and
>>>>>seizure
>>>>>regarding an investigation into the murder of yet another Youngstown
>>>>>Mafia
>>>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>>>that include
>>>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>>>recorded
>>>>>months later than Terlecky's claims, when Traficant had just been
>>>>>elected
>>>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>>>agent in
>>>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>>>1962. During
>>>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>>>fireworks
>>>>>distributor Bruce Zoldan testified that Chance shook him down
>>>>>for `tribute
>>>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>>>in with
>>>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>>>raided Zoldan's
>>>>>fireworks business two days before their busiest moneymaking period,
>>>>>the Fourth
>>>>>of July. Zoldan would also testify that the Gambino Family led by
>>>>>John Gotti
>>>>>extorted a huge sum of money from him in order to do business in New
>>>>>York. The
>>>>>murder of Mafia figure Joey Naples, who was among those who
>>>>>contributed to the
>>>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>>>for control
>>>>>of the fireworks business. David Sugar pleaded guilty last year
>>>>>to
>>>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>>>evidence
>>>>>from the Grand Jury in Cleveland investigating financial dealings
>>>>>between Sugar,
>>>>>his construction company, and Congressman Traficant. Sugar is
>>>>>expected to
>>>>>testify against Traficant at any future criminal proceedings, as is
>>>>>Traficant's
>>>>>former employee on his horse farm, Clarence Broad. In November of
>>>>>last year,
>>>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>>>a woman who
>>>>>was expected to give damaging testimony against Traficant before the
>>>>>Grand Jury
>>>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>>>those who have
>>>>>given money to Traficant's campaign, responded by alleging in
>>>>>Federal Court that
>>>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>>>guilty. Judge
>>>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>>>claims and
>>>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>>>2000
>>>>>Traficant accepted donations from controversial activist James
>>>>>Zogby, President
>>>>>of the Arab American Institute. Zogby was recently in the news last
>>>>>October,
>>>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>>>outrage
>>>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>>>terrorism expert
>>>>>Steven Emerson: "Zogby has not only made comments that are
>>>>>incendiary but he has
>>>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>>>supported the
>>>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>>>bombing of
>>>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>>>December, 1988,
>>>>>killing 270 people, including 35 Syracuse University students.
>>>>>On June 29,
>>>>>1993, Senator John McCain entered into the Congressional Record a
>>>>>public
>>>>>challenge to the FBI and the Justice Department to share information
>>>>>on the
>>>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>>>organization that
>>>>>was involved in a clandestine effort to influence public policy
>>>>>through an
>>>>>organized campaign of directing contributions to the campaigns of
>>>>>selected
>>>>>members of Congress. Said the Senator: "Given the charges made in a
>>>>>previous FBI
>>>>>report that the PMOI has a history of terrorism, an anti-Western
>>>>>ideology, and
>>>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>>>concern to all
>>>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>>>East Data
>>>>>Project, identified four members of Congress as recipients of
>>>>>campaign donations
>>>>>from alleged associates of the PMOI. Those four were Robert
>>>>>Torricelli of New
>>>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>>>Traficant of
>>>>>Ohio. To date, none of these individuals have been charged with
>>>>>making illegal
>>>>>campaign contributions. However, Senator Torricelli is currently in
>>>>>the news
>>>>>defending himself against a Chinese fundraiser named David Chang,
>>>>>who has
>>>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>>>1996 campaign.
>>>>>Numerous recent Media reports show that the Feds are now nearing the
>>>>>conclusion
>>>>>of an investigation that began with reports of impropriety regarding
>>>>>contributions to Torricelli's 1996 campaign. Congressman
>>>>>Traficant has
>>>>>developed a huge following in the Arab and Muslim countries in the
>>>>>Middle East
>>>>>because of his passionate public support for accused terrorists
>>>>>Abdel Basset Ali
>>>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>>>bombing of Pan Am
>>>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>>>trial in
>>>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>>>camp guard
>>>>>responsible for the murders of thousands of Jews during World War
>>>>>II. Demjanjuk
>>>>>was convicted and sentenced to death, although the Israeli Supreme
>>>>>Court later
>>>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>>>to personally
>>>>>escort the accused murderer back to the United States. In the
>>>>>case of the
>>>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>>>in this
>>>>>matter at a press conference in 1989, at which he claimed that the
>>>>>bombing was
>>>>>the result of a joint Syrian/CIA operation. ABC News London
>>>>>correspondent Pierre
>>>>>Salinger then picked up the story, utilizing Traficant, government
>>>>>informant
>>>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>>>Coleman
>>>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>>>story was a
>>>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>>>fraud
>>>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>>>Aviv's
>>>>>indictment Congressman Traficant found a replacement in Boris de
>>>>>Korczak as his
>>>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>>>is best known
>>>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>>>he had been
>>>>>recruited by the CIA as a double agent against the KGB, that
>>>>>his `cover' had
>>>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>>>with the
>>>>>KGB during a car chase through the streets of Copenhagen, and that
>>>>>his CIA case
>>>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>>>$300,000 in
>>>>>exchange for the promise of help in obtaining the pension he claimed
>>>>>was owed
>>>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>>>kidney 4
>>>>>months later by an unknown assailant armed with a pellet gun. The
>>>>>CIA denied
>>>>>Boris' claims he was owed monetary compensation and also denied any
>>>>>of its
>>>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>>>and the
>>>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>>>and his
>>>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>>>Al-Megrahi
>>>>>was recently convicted as the terrorist who planted the bomb that
>>>>>destroyed Pan
>>>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>>>addition to
>>>>>receiving campaign money from convicted Mafia figures and Middle
>>>>>Eastern
>>>>>political operatives, FEC documents also detail contributions made
>>>>>to
>>>>>Traficant's campaign from Unions that have been involved in
>>>>>corruption scandals
>>>>>in recent years. Those Unions include the American Federation of
>>>>>State, County,
>>>>>& Municipal Employees, the Communications Workers of America, the
>>>>>Transport
>>>>>Workers Union, and the UFCW. Traficant has also received
>>>>>donations from the
>>>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>>>President
>>>>>campaign, and the National Education Association Fund for Children
>>>>>and Public
>>>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>>>Association of
>>>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>>>degree to
>>>>>have ever beaten a Federal racketeering trial by acting as his own
>>>>>attorney.
>>>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>>>confession
>>>>>after agents played for him excerpts from the Carabbia tapes.
>>>>>Traficant then
>>>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>>>Flask's
>>>>>partner, who is today the President of the Cleveland Browns
>>>>>professional
>>>>>football team. However, after Traficant went public with charges
>>>>>that just about
>>>>>every public official in Youngstown was involved with the Mafia,
>>>>>Policy dumped
>>>>>Traficant as his client. Traficant then made a bold - and some would
>>>>>say insane
>>>>>- decision to renounce his confession and stand trial, acting as his
>>>>>own
>>>>>attorney. Traficant explained to the jury that he only accepted the
>>>>>Mafia bribe
>>>>>money so he would know whom to arrest for corruption once elected
>>>>>Sheriff. After
>>>>>four days of deliberations, the jury returned a verdict that stunned
>>>>>the
>>>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>>>Traficant then
>>>>>turned the publicity over his acquittal to his advantage and was
>>>>>elected to
>>>>>Congress in 1984. However, three years later he was again in Court,
>>>>>facing civil
>>>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>>>Representing him was
>>>>>attorney George Alexander, who has since been convicted of
>>>>>racketeering with the
>>>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>>>civil trial
>>>>>and ordered to pay back taxes, fines, and interest. For many
>>>>>months now,
>>>>>Traficant has been predicting during public appearances that he
>>>>>expects to be
>>>>>indicted - again - by the Federal authorities in Cleveland who have
>>>>>to date
>>>>>convicted over 70 public officials, many of whom are associates of
>>>>>the
>>>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>>>JAMESDE@prodigy.net.
>>>>>
>>>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>>>above material appeared in
>>>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>>>just Google that title to read the rest of the material
>>>>>
>>>>>material below is from:
>>>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>>>other unions, such as the Union of Painters and Allied Trades,
>>>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>>>(1978).
>>>>> 19. See infra Table II.
>>>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>>>
>>>>>material below appeared at
>>>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>>>Fuel Tax Evasion Highlights, March 1995
>>>>>Volume 4, Number 1 March 1995
>>>>>
>>>>>--------------------------------------------------------------------------------
>>>>>IN THE NEWS
>>>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>>>1980's who turned government informant and was subsequently booted out
>>>>>of the witness protection program and is now wanted by Texas
>>>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>>>before he and 7 others were to begin trial. Balagula is already
>>>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>>>Dept. of Justice Press Release, 11/4/94
>>>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>>>Columbus Dispatch, 12/24/94
>>>>>The worldwide activities of Russian organized crime and its ability to
>>>>>bilk companies, governments and individuals out of billions of dollars
>>>>>through sophisticated fraud and theft schemes is described in two
>>>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>>>6/94
>>>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>>>State Journal, 11/1/94
>>>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>>>charges growing out of the Operation Red Daisy investigation conducted
>>>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>>>12/16/94
>>>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>>>free diesel fuel and used transformer oil from suppliers and utility
>>>>>companies using false documents showing the fuel was destined for
>>>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>>>Week, 5/30/94;
>>>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>>>excess of $475,000. Press Release, Travis County D.A.
>>>>>The State of Maryland filed tax assessments of over $300,000 against
>>>>>two trucking companies and a fuel oil distribution firm for using home
>>>>>heating oil in trucks. Six other companies are expected to receive
>>>>>assessments. The assessments stem from a joint investigation by the MD
>>>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>>>6/20/94; Washington Times, 6/10/94
>>>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>>>Star, 1/14/95
>>>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>>>to 54 criminal counts, including failing to pay more than $24 million
>>>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>>>substandard gas in connection with their 200 gas stations. Under a
>>>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>>>than 8 years in State prison. The amount of restitution could be as
>>>>>much as $800 million. The Lazars operated California Target
>>>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>>>Service Stations, and Challenge Marketing. The firms are pending
>>>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>>>9/26/94; L.A. Times, 9/27/94
>>>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>>>Revenue Department special agents who are trained in investigating
>>>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>>>TX)
>>>>>DYED DIESEL ENFORCEMENT
>>>>>Truckers are warned not to run on red diesel and urged to do visual
>>>>>checks when refueling.
>>>>>Transport Topics, 10/24/94
>>>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>>>11/7/94
>>>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>>>WANT TO KNOW MORE?
>>>>>For more information or updates to the mailing list, call Linda
>>>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>>>20590.
>>>>>FAX back address corrections or additions to: 202-366-7696
>>>>>
>>>>
>>>>I agree completely with that one part about that one guy
>>>>who said something about something or other.
>>>>
>>>>Discuss!
>>>
>>>I'm proud to be a union man. I pay my dues when I can... yeah.
>>
>> Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
>> to chat with you anyway, you know, just to "see how the other half
>> live," and all. Anyway, what's up?
>
>Not much here, i had a favorite fan of yours talking to one of my
>bots, recently.

I talk to my dogs sometimes.

---
This is the .sig file of His AssHoliness, Raoul Xemblinosky mhm 15x12
http://www.experiencefestival.com/raoul_xemblinosky
http://memweb.newsguy.com/~shpxurnq

 

[??? rrock]

Wavy G wrote:

> Don't fight it, ??? rrock...Just lie down and try to relax:
>
>
>>
>>Wavy G wrote:
>>
>>
>>>Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:
>>>
>>>
>>>
>>>>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>>>>wrote:
>>>>
>>>>
>>>>
>>>>>reallyveryradical wrote:
>>>>>
>>>>>
>>>>>
>>>>>>Can We Stop The Demobrocrats
>>>>>>
>>>>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>>>>primary, as the campaigns of 2008 presidential candidates seek
>>>>>>endorsements from the major labor federations and member unions.
>>>>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>>>>Obama has an economics speech in New York City in the morning and
>>>>>>Clinton delivers her plan to deliver universal health care coverage in
>>>>>>Iowa.
>>>>>>
>>>>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>>>>attend"
>>>>>>above from
>>>>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>>>>
>>>>>>In the Matter of Alan D. Wasserman
>>>>>>
>>>>>>Laborers' International Union of North America
>>>>>>Independent Hearing Officer
>>>>>>Docket No. 97-57D
>>>>>>Decided October 7, 1998
>>>>>>Order and Memorandum
>>>>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>>>>matter is discussed below in detail.
>>>>>>This matter comes before the Laborers' International Union of North
>>>>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>>>>Specifically, Wasserman is charged with knowingly associating with a
>>>>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>>>>labor payoffs from contractors, offering to allow employers to pay
>>>>>>LIUNA members less than union-scale wages and benefits, and
>>>>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>>>>client was depressed and unable to assist him in his defense. In
>>>>>>support, Gold presented a letter of a medical doctor who stated that
>>>>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>>>>such a disorder rendered him unable to assist in his defense but
>>>>>>merely indicated that Wasserman's ability to testify was impaired.
>>>>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>>>>defense. I decided to proceed with the hearing but told Gold that if
>>>>>>he desired an additional session to present new evidence based on the
>>>>>>cooperation of his client, he should inform me and a hearing would be
>>>>>>arranged.
>>>>>>At the conclusion of the hearing, I instructed both parties to inform
>>>>>>me by June 15, 1998, whether they wished the record to remain open
>>>>>>pending the submission of additional evidence. The parties were also
>>>>>>instructed to submit post-hearing briefs three weeks following June
>>>>>>15, 1998. I stated "You have until June 15th to let me know what
>>>>>>other plans you have, whether to close or keep the record open."
>>>>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>>>>original and one copy of all exhibits presented at the May 27, 1998
>>>>>>hearing. Wasserman filed no response to the motion to admit the
>>>>>>confidential witness testimony.
>>>>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>>>>communication with my office. Attorney Gold made no effort to contact
>>>>>>my office regarding his client's mental status or his intention to
>>>>>>offer any additional evidence. I filed the August 28 Order which
>>>>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>>>>Gold by letter to my office complained of not having had an
>>>>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>>>>letter was Wasserman's first contact with my office in over three
>>>>>>months. I issued an Order placing the August 28 Order in suspense and
>>>>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>>>>September 4, 1998. I permitted both parties to file written
>>>>>>objections and conclusions to the proposed order with arguments to
>>>>>>support their conclusions. I clearly stated that objections and
>>>>>>arguments were to be filed by September 28, 1998. Despite the
>>>>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>>>>indicating he wished to discuss a timetable for the completion of
>>>>>>evidence after October 1, 1998, including the possibility of having
>>>>>>his client testify. I denied Gold's request to hold the record open
>>>>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>>>>1998, to file objections to the August 28 Order. I also requested
>>>>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>>>>asserted that Wasserman was able to appear and testify; however, he
>>>>>>did not submit any proposed testimony by Wasserman as requested. I
>>>>>>find that there is no credible evidence that Wasserman ever intended
>>>>>>to appear.
>>>>>>Qualification Of Expert Witnesses
>>>>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>>>>("Schaffler") as expert witnesses.
>>>>>>Jack Elko
>>>>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>>>>of those years, Elko specialized in organized crime investigations for
>>>>>>the Division of Criminal Justice of the Office of the Attorney General
>>>>>>of New Jersey. Id. Prior to his employment with the Division of
>>>>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>>>>County in Morristown, New Jersey. He attended numerous service
>>>>>>schools, including the New Jersey State Police Academy, courses
>>>>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>>>>Elko testified in this proceeding as an expert in the make-up and
>>>>>>structure of organized crime, specifically in the Newark area. This
>>>>>>technique has been accepted in similar union disciplinary matters.
>>>>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>>>>Elko used tested and accepted investigative techniques to verify the
>>>>>>credibility of the individuals whose information he related at the
>>>>>>hearing. Elko testified as to information and hearsay statements of
>>>>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>>>>weight to hearsay declarations of three LCN members that were related
>>>>>>by an FBI agent. The court used a number of factors to evaluate the
>>>>>>reliability of the statements. The court noted that the statements
>>>>>>corroborated each other in crucial respects, the reports painted a
>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>statements matched the FBI agent's declaration in the subject matter.
>>>>>>Id. The court held that these declarations constituted relevant
>>>>>>evidence that a reasonable mind might accept on the subject of
>>>>>>association with organized crime. Id.
>>>>>>I find that Elko is a qualified witness, expert in organized crime
>>>>>>matters, and his testimony, in conformance with accepted investigative
>>>>>>techniques, is reliable.
>>>>>>Elko related information given to him by five named individuals
>>>>>>described below, three of whom have cooperated with federal
>>>>>>authorities and two of whom are law enforcement officers.
>>>>>>Rocco Cagno
>>>>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>>>>109. Cagno became a made member in 1987; thereafter, he was
>>>>>>incarcerated. The record does not reflect the reason for his
>>>>>>incarceration.
>>>>>>He was released from prison in 1990 and his movements were monitored
>>>>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>>>>required to gain employment. He became employed by Local 342 through
>>>>>>the influence of Colombo family members and Anthony Proto, who was
>>>>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>>>>to speak with Cagno in October 1997 concerning the various organized
>>>>>>crime affiliations within Local 342. Tr. 109.
>>>>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>>>>both made members of the Lucchese organized crime family and are also
>>>>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>>>>been the acting boss of the New Jersey faction of the Lucchese
>>>>>>family. Id.
>>>>>>Steve Montgomery and Lt. Dennis Masucci
>>>>>>Elko also based his opinion on information supplied to him by two law
>>>>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>>>>information provided by Masucci is based upon confidential informant
>>>>>>sources proven reliable in the past, who gave Masucci information
>>>>>>which resulted in the arrest of organized crime members, including
>>>>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>>>>Montgomery's information is also based on his personal investigation
>>>>>>and confidential sources.
>>>>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>>>>each other and by the information supplied by Masucci and
>>>>>>Montgomery.
>>>>>>Jeffrey Schaffler
>>>>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>>>>He spent his last years as a special agent with the Office of Labor
>>>>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>>>>an assistant special agent in charge of a DOL investigation office.
>>>>>>Id. Schaffler is currently under contract to the Office of the
>>>>>>Inspector General of the Port Authority of New York and New Jersey.
>>>>>>His duties involve investigation of contractors who do business with
>>>>>>the Port Authority, the operation of construction projects, the manner
>>>>>>in which construction bids are made, contract fraud and wage and hour
>>>>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>>>>capacity of an expert in the labor field.
>>>>>>I find that Schaffler is a qualified expert witness in the labor
>>>>>>field.
>>>>>>Findings of Fact
>>>>>>Structure of Organized Crime
>>>>>>1. The LCN is a tightly structured
>>>>>>criminal organization which operates in various cities throughout the
>>>>>>United States. It is in the business of crime for a profit.[1]
>>>>>>2. The LCN is comprised of groups of individuals organized into
>>>>>>entities called families. Tr. 105.
>>>>>>3. A typical LCN family structure consists of the head (the
>>>>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>>>>activities of LCN members and their associates. LCN members within a
>>>>>>family operate in small groups called "crews" which are headed by men
>>>>>>called "capos" or "crew bosses." Tr. 106.
>>>>>>4. A "made member" is an individual within an LCN family who
>>>>>>has undergone an initiation process and sworn allegiance to that
>>>>>>family putting the family above everything else. Tr. 106. See also
>>>>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>>>>5. An "associate" is an individual who works under a capo and
>>>>>>assists made members, but who has not been formally initiated into the
>>>>>>family. Tr. 106. An associate may either earn his living by
>>>>>>performing illegal acts on behalf of an LCN family or he may have an
>>>>>>ostensibly legitimate job while at the same time assisting a
>>>>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>>>>129-30.
>>>>>>6. Both members and associates engage in activities which bring
>>>>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>>>>associate could only become a made member by participating in the
>>>>>>murder of an individual. In more recent times, an associate may
>>>>>>become a made member based upon the benefits he is able to produce for
>>>>>>that family, such as earning large sums of money or exercising
>>>>>>influence in business or politics. Tr. 106-07.
>>>>>>7. A number of LCN families are located in the New York/New
>>>>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>>>>The LCN's History Of Control Over Local 342
>>>>>>8. The evidence presented during the hearing establishes by a
>>>>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>>>>been subject to LCN control for many years.
>>>>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>>>>crime families have shared control of Local 342. Tr. 110. The two
>>>>>>families shared illegal profits from contractors within their
>>>>>>jurisdiction by soliciting money for labor peace and outright
>>>>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>>>>families were placed on the labor payroll with various contractors
>>>>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>>>>families later shifted to an arrangement where the Colombo family
>>>>>>received preferential treatment for placement of workers at particular
>>>>>>contract sites, but no longer shared in racketeering labor profits.
>>>>>>Tr. 111-12.
>>>>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>>>>to the present, the Task Force and other law enforcement entities have
>>>>>>documented the Gambino family infiltration of Local 342. Id.
>>>>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>>>>family in New York. After Castellano's murder in December 1985, he
>>>>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>>>>of Local 342 for several years prior to the Task Force's creation in
>>>>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>>>>for racketeering. Tr. 138.
>>>>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>>>>made member of the Gambino family. Tr. 117, 133.
>>>>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>>>>month for permission to park the vendor's vehicle on a particular
>>>>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>>>>with a sledgehammer. Id. The police responded and, after a period of
>>>>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>>>>approval, the charges were downgraded to simple assault, not pursued,
>>>>>>and the vendor immediately left New Jersey and moved to South
>>>>>>Carolina. Id.
>>>>>>15. At the time of the assault, Andrade was a shop steward of
>>>>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>>>>time was an employee of Local 342. Id.
>>>>>>16. In 1987, the Task Force launched an investigation into
>>>>>>organized crime influence in New Jersey. The investigation employed
>>>>>>court authorized electronic surveillance and other investigative
>>>>>>techniques. The investigation resulted in the indictment of numerous
>>>>>>Gambino family members for labor racketeering in New Jersey, one of
>>>>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>>>>James Proto with his duties. Tr. 134.
>>>>>>18. While Andrade was Business Agent and James Proto was Business
>>>>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>>>>147.
>>>>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>>>>family in Staten Island, New York. Vallaro's father was a made member
>>>>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>>>>Following the 1993 convictions of other Gambino family members,
>>>>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>>>>20. At the time of his move, Vallaro was unknown to law
>>>>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>>>>presence and involvement in the LCN through electronic surveillance
>>>>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>>>>information about Vallero which Elko obtained from the surveillance
>>>>>>was verified by Cagno. Tr. 136.
>>>>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>>>>and responsible for the New Jersey area, including all the Gambino
>>>>>>family members and associates within Local 342. Tr. 109, 113.
>>>>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>>>>testified that he learned this fact from intelligence sources,
>>>>>>discussions with Cagno and interviews with other organized crime
>>>>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>>>>23. After Proto's incarceration, Cagno became concerned about the
>>>>>>distribution of money and work for the Colombo family members within
>>>>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>>>>York City Colombo family. Id. Cagno was approached within the next
>>>>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>>>>24. Cagno and Juicy DiModica, as representatives of their
>>>>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>>>>DiModica and the Gambino family. Tr. 114.
>>>>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>>>>labor issues and Local 342. Id.
>>>>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>>>>Bisaccia were intercepted and monitored. Id.
>>>>>>27. In April 1994, a conversation was intercepted between Joseph
>>>>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>>>>not making any money for them and that they would be broke in two
>>>>>>months. Elko testified that he understood this conversation to mean
>>>>>>that James Proto was not being forceful enough in extracting money
>>>>>
>>>>>>from contractors for Local 342. Id.
>>>>>
>>>>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>>>>conversation, James Proto remained Business Manager of Local 342 for
>>>>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>>>>Id.
>>>>>>VHR Construction
>>>>>>Charge I:
>>>>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>or a thing of value from VHR Construction, an employer engaged in an
>>>>>>industry affecting interstate commerce, when Wasserman asked for a
>>>>>>payoff in form of a "Christmas gift" while being a Union member and
>>>>>>representative (29 U.S.C. ?186(b)(1)).
>>>>>>Charge II:
>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>employer while being a Union member and representative, in violation
>>>>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>>>>Practices Code.
>>>>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>>>>a contractor who desired confidentiality had alleged that Wasserman
>>>>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>>>>Newark International Airport, and had caused the contractor's
>>>>>>equipment to be damaged. The contractor stated specifically that one
>>>>>>piece of equipment was filled with concrete and another piece was
>>>>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>>>>pure hearsay, the specificity of the description of the damage is
>>>>>>corroborated later in interviews with a company official.
>>>>>>30. The IG sent investigators to Newark to verify the
>>>>>>allegations. Id.
>>>>>>31. VHR Construction was a general contractor at the Newark
>>>>>>Airport and signatory to a collective bargaining agreement with Local
>>>>>>342. Tr. 21, 23.
>>>>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>>>>Construction. Tr. 21.
>>>>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>>>>company was not the victim of the equipment damage, but he had heard
>>>>>>about the incident. Tr. 22.
>>>>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>>>>35. Wortman said that he and his staff had threatened to dock
>>>>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>>>>Wortman's office to discuss the issue during the weeks before
>>>>>>Christmas of 1995. Id.
>>>>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>>>>was also a member but not an officer or even a steward of Local 342.
>>>>>>Tr. 28-29.
>>>>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>>>>record is silent as to Wasserman's participation in the request.
>>>>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>>>>to the meeting to make the request and fully approved of the demand.
>>>>>>38. At the hearing in the instant matter, Schaffler testified
>>>>>>that, in his expert opinion of the construction industry, labor
>>>>>>payoffs are usually made at Christmastime or at the beginning of the
>>>>>>summer or late spring. Tr. 167.
>>>>>>39. It was also Schaffler's expert opinion, based on his
>>>>>>experience, James DiModica's request for a Christmas gift was the
>>>>>>solicitation of a bribe. Tr. 165. I find that under the
>>>>>>circumstances all parties understood that the meaning of the request
>>>>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>>>>that Wortman's testimony was corroborated by other testimony, and is
>>>>>>reliable.
>>>>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>>>>the matter of his pay being docked for continually leaving the job.
>>>>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>>>>weight since Wasserman and Wortman entered into an agreement settling
>>>>>>the matter.
>>>>>>
>>>>>>
>>>>>>B.J. McGlone & Co. Inc.
>>>>>>Charge III:
>>>>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>>>>in an industry affecting interstate commerce, when he demanded labor
>>>>>>payoffs from an employer while being a Union member and representative
>>>>>>(29 U.S.C. ?186(b)(1)).
>>>>>>Charge IV:
>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>employer and offered to allow that employer to use non-Union labor or
>>>>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>>>>so doing violated his obligation as a member of the Union to refrain
>>>>>
>>>>>>from interfering with the proper conduct of Union business, in
>>>>>
>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>of the LIUNA Ethical Practices Code
>>>>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>>>>which provides fireproof material and services. Tr. 47. McGlone
>>>>>>performed and worked at the Newark Airport job site in 1994.
>>>>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>>>>who was involved in managing one of the job sites at the Newark
>>>>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>>>>name would not be repeated to anyone outside of the interview.
>>>>>>Although he requested anonymity, the record is clear that he was an
>>>>>>officer of McGlone, that he was involved in the operation of the site,
>>>>>>and that he dealt with Wasserman. The probative value of this
>>>>>>testimony will be discussed below.
>>>>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>>>>55.
>>>>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>>>>conversation about placing safety equipment on the job site. The
>>>>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>>>>company did not install the equipment and the job commenced. Id.
>>>>>>45. Two pieces of equipment were subsequently damaged at the job
>>>>>>site. Id. One spray machine was filled with concrete and another was
>>>>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>>>>170. This description corroborates the description of the damage in
>>>>>>the anonymous report made to the IG.
>>>>>>46. Schaffler testified that it is common practice when a company
>>>>>>does not comply with demands for payoffs from LCN controlled unions,
>>>>>>the union may resort to intimidation methods to frighten the company
>>>>>>officials. Id. A common method is to damage equipment. Id.
>>>>>>47. The officer subsequently had a conversation with Wasserman in
>>>>>>which the officer told Wasserman the equipment was damaged and said
>>>>>>"this is not the way for you to put your people to work." Tr. 53.
>>>>>>Wasserman made no reply to this accusation and requested a meeting.
>>>>>>Tr. 54
>>>>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>>>>without interference and the company need only pay the workers enough
>>>>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>>>>was not his decision to pay the money and that he would have to refer
>>>>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>>>>money was paid.
>>>>>>49. Schaffler testified that he was familiar with the terms "give
>>>>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>>>>workers enough for them to buy a ham sandwich," under the
>>>>>>circumstances, meant the workers could be paid a moderate amount for
>>>>>>work completed, but the company would not have to adhere to all terms
>>>>>>of the collective bargaining agreement, including paying fringe
>>>>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>>>>James DiModica would take responsibility for handling any complaints
>>>>>
>>>>>>from the workers. Id.
>>>>>
>>>>>>50. Attorney Gold argues that the testimony of the McGlone
>>>>>>official is not credible. Gold states that the official is biased
>>>>>>against Wasserman because Wasserman came to the meeting to discuss
>>>>>>legitimate safety issues at McGlone, and the official was upset at
>>>>>>being confronted with safety violations. This argument has little
>>>>>>weight because substantial damage had been done to McGlone's
>>>>>>equipment. It would be more cost effective for McGlone to address
>>>>>>legitimate safety issues than to damage its own equipment and blame
>>>>>>Wasserman. I find the official's representation of the events to be
>>>>>>credible, and corroborated by other evidence. See the Discussion,
>>>>>>infra.
>>>>>>E & S Construction
>>>>>>Charge V:
>>>>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>an act of racketeering in that Wasserman did request and demand money
>>>>>>or a thing of value from E&S Construction, an employer engaged in an
>>>>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>>>
>>>>>>from an employer while being a Union member and representative (29
>>>>>
>>>>>>U.S.C. ?186(b)(1)).
>>>>>>Charge VI:
>>>>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>>>>an employer and offered to allow that employer to use non-Union labor
>>>>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>>>>in so doing violated his obligation as a member of the Union to
>>>>>>refrain from interfering with the proper conduct of Union business, in
>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>of the LIUNA Ethical Practices Code.
>>>>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>>>>contacted the LIUNA New Jersey regional office concerning an
>>>>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>>>>shortly thereafter. Id.
>>>>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>>>>could not work as a laborer, he formed his own construction company.
>>>>>>Id.
>>>>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>>>>9 in New Jersey. Id.
>>>>>>54. In the same month, Taylor received a call from Wasserman who
>>>>>>identified himself as a representative from Local 342 and requested a
>>>>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>>>>55. The following day, Wasserman arrived at Taylor's job site
>>>>>>accompanied with an individual Taylor later identified as James
>>>>>>DiModica. Id.
>>>>>>56. At the start of the meeting, James DiModica stated that he had
>>>>>>just gotten out of jail. Tr. 60.
>>>>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>>>>at the Newark Airport with the Brown Matthews Company, and he
>>>>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>>>>58. Taylor replied that at the time he had three full-time workers
>>>>>>with his company and the workload was just enough for those three
>>>>>>workers. Taylor said if his workload increased he would definitely
>>>>>>call the Local 342 hiring hall for laborers. Id.
>>>>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>>>>use them because he had to use Local 342 members. Id.
>>>>>>60. Wasserman then made a motion with one of his hands indicating
>>>>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>>>>$5,000. Id.
>>>>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>>>>the workers any benefits. Id. Taylor understood this to mean that
>>>>>>the various fringe benefits, pension annuity, and medical benefits
>>>>>>required by the collective bargaining agreement would not have to be
>>>>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>>>>Wasserman would make him put up a bond for the benefits at his job
>>>>>>site. Tr. 59.
>>>>>>63. Towards the end of the meeting, James DiModica made a
>>>>>>statement to Taylor that "we have connections, we'll get you paid
>>>>>>faster." Tr. 60.
>>>>>>64. Subsequently, Taylor positively identified James DiModica from
>>>>>>photographs shown to him by IG Inspectors. Id.
>>>>>>65. I find that there was no reason for James DiModica, who had no
>>>>>>official union position, to accompany Wasserman to Wasserman's
>>>>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>>>>DiModica visits to the contractors appears, under these circumstances,
>>>>>>to be a joint venture in extortion.
>>>>>>66. The statements of Taylor as to what the demands meant and the
>>>>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>>>>extortionate practices are credible and well founded.
>>>>>>67. Attorney Gold contends that the appearance of James DiModica
>>>>>>with Wasserman where money was solicited from employers was not in
>>>>>>itself improper. Gold argues that DiModica might have been a shop
>>>>>>steward on at least one of the jobs, and his appearance on any of the
>>>>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>>>>associate of organized crime. On one occasion he suddenly requested a
>>>>>>Christmas gift from the employer and on another he began the
>>>>>>conversation by informing the employer that he had just been released
>>>>>
>>>>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>>>
>>>>>>serve the purpose of intimidating the contractor.
>>>>>>68. Attorney Gold also contends that since none of the complaining
>>>>>>persons ever alleged that as a result of denying payoffs they suffered
>>>>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>>>>go unpunished. There is no evidence to indicate whether or not the
>>>>>>payments were made. The record is silent on that matter; however,
>>>>>>there is evidence that equipment at McGlone was heavily damaged after
>>>>>>McGlone refused to install the requested safety apparatus.
>>>>>>Knowing Association With The LCN
>>>>>>Charge VII:
>>>>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>>>>associating with La Cosa Nostra crime family members or associates,
>>>>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>>>>crime family and James DiModica, an associate of the Gambino crime
>>>>>>family.
>>>>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>>>>Jersey for approximately ten years.
>>>>>>70. At the time of the hearing in this matter, Wasserman was the
>>>>>>Business Manager of Local 342. He was appointed by the Executive
>>>>>>Board to succeed James Proto. Wasserman has also served in the
>>>>>>positions of field representative and a shop steward of Local 342.
>>>>>>71. The GEB Attorney offered the history of Local 342 described
>>>>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>>>>as evidence of Wasserman's associations with the Gambino family.
>>>>>>72. Based upon his years of investigation, including the
>>>>>>aforementioned information in paragraphs 8 through 28, and
>>>>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>>>>concluded that Juicy DiModica is a made member of organized crime and
>>>>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>>>>73. Based upon his information, including direct information from
>>>>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>>>>years of surveillance, Elko concluded that James DiModica is an
>>>>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>>>>74. Based upon direct information from Cagno, information from
>>>>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>>>>123, 129.
>>>>>>Discussion
>>>>>>The IHO must base his decisions on reliable evidence through a review
>>>>>>of what is probative and reliable. Attorney Gold objects to the use
>>>>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>>>>however, reliable hearsay evidence is admissible in labor
>>>>>>arbitrations. Associated Cleaning Consultants and International
>>>>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>>>>evidence has been admitted regularly in union disciplinary proceedings
>>>>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>>>>1990). The test is whether the evidence is reliable. Senese &
>>>>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>>>>389, 402 (1971)).
>>>>>>The testimony of the IG Inspectors regarding statements of contractors
>>>>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>>>>& S Construction are hearsay; however, they demonstrate a similar
>>>>>>pattern, and similar demands were related by three individuals who
>>>>>>have neither bias nor reason to falsify. The individuals knew their
>>>>>>statements would eventually be known when they spoke to the
>>>>>>investigating officials, yet they still exposed themselves to the risk
>>>>>>of voluntary cooperation. One of the individuals initiated contact
>>>>>>with officials. I recognize that one of the individuals has remained
>>>>>>unnamed and, standing alone, his statements would not be probative.
>>>>>>Nonetheless, I give evidentiary weight to his information due to the
>>>>>>striking similarity between the three incidents. The hearsay
>>>>>>statements of the unnamed individual match the hearsay statements of
>>>>>>the named individuals. The statements describe the same modus
>>>>>>operandi, the same labor extortion goals during roughly the same time
>>>>>>period, and involve the same two perpetrators. I find that the
>>>>>>hearsay statements of the contractors corroborate each other and I
>>>>>>find the evidence to be reliable especially given the very similar
>>>>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>>>>hearsay evidence reliable based upon FBI Agent's information being
>>>>>>culled from various sources and the various sources' corroboration of
>>>>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>>>>of factors to evaluate reliability giving evidentiary weight to
>>>>>>hearsay declarations of three LCN members related by FBI agent;
>>>>>>factors included corroborating statements in crucial respects, a
>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>statements matched the FBI agent's declaration in the subject matter).
>>>>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>>>>conduct includes, among others, committing any act of racketeering.
>>>>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>>>>"committing any act of racketeering, as defined in Title 18 of the
>>>>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>>>>U.S.C. ? 1961(a).
>>>>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>>>>and or to receive anything of value from a contractor with whom he has
>>>>>>a collective bargaining agreement:
>>>>>>It shall be unlawful for any person to request, demand, receive, or
>>>>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>>>>of any money or other thing of value prohibited by subsection (a) of
>>>>>>this section.
>>>>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>>>>"giving any money or other thing of value to any labor organization,
>>>>>>or any officer or employee thereof, which represents, seeks to
>>>>>>represent, or would admit to membership, any of the employees of such
>>>>>>employer who are employed in an industry affecting commerce."
>>>>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>>>>believed the request for a gift was an "extortion or a demand." The
>>>>>>argument has no merit; any form of request is prohibited.
>>>>>>Barred conduct also includes "knowingly associating" with members of
>>>>>>an organized crime family such as the LCN, and knowingly allowing an
>>>>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>>>>union member knew the person with whom he or she was associating was a
>>>>>>member or associate of the LCN; (2) the association related directly
>>>>>>or indirectly to the affairs of the union; and (3) the association was
>>>>>>more than fleeting or casual. Id.
>>>>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>>>>Administrator's determination that "'knowing association' can be
>>>>>>inferred from the duration and quality of the association." 745
>>>>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>>>>he was associating were members of organized crime. The individuals
>>>>>>with whom Wasserman dealt were identified as well known members of
>>>>>>organized crime families by three former organized crime members. The
>>>>>>association was not fleeting or casual. Wasserman attended meetings
>>>>>>with contractors accompanied by James DiModica, a known associate of
>>>>>>organized crime, whose presence was not related to the ordinary course
>>>>>>of union business. Wasserman took James DiModica along for his
>>>>>>intimidation factor. Wasserman had to have known James DiModica was
>>>>>>associated with organized crime; there was no other reason for
>>>>>>DiModica to accompany him. A similar conclusion was reached by the
>>>>>>Independent Administrator in Cimino where the Independent
>>>>>>Administrator found that Cimino had to have known of Nicodemo
>>>>>>Scarfo's Philadelphia organized crime ties during their association
>>>>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>>>>use Cimino and the local union to "further his La Cosa Nostra
>>>>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>>>>obviously an illegal joint venture to extort union contractors with
>>>>>>the approval of the Gambino family.
>>>>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>>>>part time no-show shop steward and argued that being a no-show shop
>>>>>>steward is evidence of being associated with organized crime. I do
>>>>>>not find this evidence to be probative of Wasserman's organized crime
>>>>>>association.
>>>>>>Obstruction
>>>>>>Charge IX:
>>>>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>>>>terminating the interview, and thereby obstructing and interfering
>>>>>>with an investigation being conducted by the LIUNA Inspector General's
>>>>>>Office.
>>>>>>Findings of Fact
>>>>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>>>>residence in Union, New Jersey. Tr. 61, 64.
>>>>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>>>>second time at the VHR job site at the Newark Airport to obtain the
>>>>>>additional information about James DiModica. Tr. 64.
>>>>>>77. They met Wasserman as he came out of the security area. The
>>>>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>>>>parking lot area and the IG Inspectors agreed. Id.
>>>>>>78. The IG Inspectors told Wasserman they needed more information
>>>>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>>>>with them and stated he was very concerned that someone had broken
>>>>>>into his house three days after the May 1996 interview with the IG
>>>>>>Inspectors. Tr. 66.
>>>>>>79. Wasserman refused to reply to questions about James DiModica
>>>>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>>>>left the building. Id.
>>>>>>80. Outside the building, IG Inspectors again requested that
>>>>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>>>>66-67.
>>>>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>>>>interview, and thereby obstructed the IG investigation.
>>>>>>CHARGE X
>>>>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>>>>testifying that he had been elected by the general membership to be
>>>>>>the Business Agent for Local 342 despite knowing that the general
>>>>>>membership did not elect him and that he instead was appointed to the
>>>>>>position.
>>>>>>82. I find the fact that Wasserman's statements that he was
>>>>>>elected rather than having been appointed, was not a material fact and
>>>>>>was not in violation of the EPC.
>>>>>>CHARGES XI-IV
>>>>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>>>>testified at his deposition, that he never demanded a Christmas gift
>>>>>
>>>>>>from a contractor, that he never demanded things of value from a
>>>>>
>>>>>>contractor in exchange for labor peace, that he never attempted to
>>>>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>>>>or approached contractors with James DiModica. The preponderance of
>>>>>>the evidence proves that Wasserman did perform all of these acts and
>>>>>>when he was asked about them under oath he denied his participation.
>>>>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>>>>July 8, 1997 deposition that he never knowingly associated with
>>>>>>members or associates of organized crime. See GEB Ex. 1. The
>>>>>>preponderance of the evidence shows he gave false testimony when he
>>>>>>was asked about his connections with organized crime and he denied
>>>>>>them.
>>>>>>Conclusions
>>>>>>1. During the period of time alleged in the charges, Local 342
>>>>>>was dominated by members or associates of the Gambino crime family.
>>>>>>2. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by requesting money from VHR Construction in
>>>>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>3. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>4. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>>>>5. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by demanding money in exchange for labor
>>>>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>>>>and the EPC.
>>>>>>6. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by offering to allow E & S Construction to
>>>>>>pay LIUNA members less than union-scale wages and benefits in
>>>>>>violation of 186 ' (b)(1) and the EPC.
>>>>>>7. There is a preponderance of the evidence that Vincent
>>>>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>>>>is an associate of the Gambino family.
>>>>>>8. There is a preponderance of the evidence that Wasserman
>>>>>>knowingly associated with members of organized crime, thereby
>>>>>>committing barred conduct under the EDP.
>>>>>>9. The evidence clearly demonstrates that Wasserman's
>>>>>>associations with organized crime directly affected the affairs of the
>>>>>>union. Wasserman took a known LCN associate on his visits to
>>>>>>contractors and demanded payments in exchange for labor peace and
>>>>>>permission to use either non-union labor or non-union scale wages and
>>>>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>>>>to extort contractors.
>>>>>>10. There is preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by giving false testimony at his deposition
>>>>>>when questioned about his association with organized crime and his
>>>>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>>>>Construction.
>>>>>>11. Wasserman's statement that he was elected to be a Business
>>>>>>Agent of Local 342, rather than appointed was not a material
>>>>>>misstatement and did not obstruct the GEB Attorney.
>>>>>>Decision
>>>>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>>>>the evidence. Charge X has not been proved by a preponderance of the
>>>>>>evidence.
>>>>>>Penalty
>>>>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>>>>permanently barred from holding an office in or being employed by
>>>>>>Local 342 or from being an officer or being employed by any LIUNA
>>>>>>affiliated entity or fund.
>>>>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>>>>10 days of the date this Order.
>>>>>>Peter F. Vaira
>>>>>>INDEPENDENT HEARING OFFICER
>>>>>>
>>>>>>
>>>>>>--------------------------------------------------------------------------------
>>>>>>
>>>>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>>>>17, 1998).
>>>>>>
>>>>>>
>>>>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>>>>More information. April 3, 2001, Tuesday
>>>>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>>>>restaurants and pizza parlors in New York City and surrounding area;
>>>>>>various reasons cited"
>>>>>>
>>>>>>Hillary Clinton has long masqueraded as a champion of women's
>>>>>>rights, yet the
>>>>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>>>>helping the
>>>>>>rights of women, actually harmed women.
>>>>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>>>>...the West has helped to create the demand, by stationing tens of
>>>>>>thousands of
>>>>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>>>>soldiers and
>>>>>>international workers, but their presence has greatly fuelled the
>>>>>>demand for
>>>>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>>>>which picked up
>>>>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>>>>increased
>>>>>>since the Kosovo war. Finally, the West has helped to create the
>>>>>>link between
>>>>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>>>>Albanian
>>>>>>Mafia which now controls this market. The fact that there is so
>>>>>>much reporting
>>>>>>now on the matter of sex slaves may be an indication that the powers
>>>>>>that be in
>>>>>>the West are beginning to ditch those whom they portrayed during the
>>>>>>spring of
>>>>>>1999 as passive and innocent victims....
>>>>>>
>>>>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>>>>and that a
>>>>>>very large number of prostitutes there are effectively slaves.
>>>>>>Although not all
>>>>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>>>>Albania - it
>>>>>>has been affirmed by one of the leading authorities on prostitution
>>>>>>that they
>>>>>>are kept in captivity. "All the women currently on the streets (of
>>>>>>Italy) are
>>>>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>>>>Romanians and the
>>>>>>women from Eastern European countries all have their passports taken
>>>>>>away by
>>>>>>their pimps. There is not one metre of street in which prostitution
>>>>>>is not
>>>>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>>>>Verona who
>>>>>>has founded a charity which works with prostitutes. Benzi goes
>>>>>>on, "The
>>>>>>Albanians operate in family clans, in `joint ventures' with the
>>>>>>Mafia in Eastern
>>>>>>Europe and Italy. No new pimp can start operating in Italy without
>>>>>>paying a
>>>>>>percentage to the person who already controls the territory. Any
>>>>>>mistakes are
>>>>>>punished by death. For the Albanians, vendetta is second nature:
>>>>>>the concept
>>>>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>>>>Association of the Community of Pope John XXIII, 48% of the
>>>>>>prostitutes in Italy
>>>>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>>>>old); and 26%
>>>>>>have been kidnapped and taken from their countries of origin by
>>>>>>force.[8]
>>>>>>source:
>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>Hillary Clinton has also masqueraded as someone concerned about
>>>>>>Children's
>>>>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>>>>Clinton
>>>>>>actually harmed children too.
>>>>>>"Sexual exploitation of children
>>>>>>An especially appalling aspect of the trade in human beings is the
>>>>>>sexual
>>>>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>>>>Petersel,
>>>>>>the Director of Save the Children in Moldova, whose organisation has
>>>>>>started to
>>>>>>house and rehabilitate young women and girls who have been forced
>>>>>>into sex
>>>>>>slavery. The youngest victim with which they have dealt was nine
>>>>>>years old.
>>>>>>260 victims of sex slavery have been housed and helped by Save the
>>>>>>Children
>>>>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>>>>Albania,
>>>>>>Macedonia, Italy, and Greece.
>>>>>>References for further reading:
>>>>>>Trafficking in Migrants,
>>>>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>>>>Milan, May
>>>>>>1999
>>>>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>>>>Paoline
>>>>>>Editoriale Libri, 1999
>>>>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>>>>liberazione del
>>>>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>>>>Editrice, Rome,
>>>>>>2000.
>>>>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>>>>18th April
>>>>>>2000
>>>>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>>>>Moldova,
>>>>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>>>>Parliament.
>>>>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>>>>Monde, 1st
>>>>>>December 2000
>>>>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>>>>Albanian Daily
>>>>>>News, 5th October 2000
>>>>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>>>>1st July 1999
>>>>>>[6] Ibid.
>>>>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>>>>http://www.mess-s-
>>>>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>>>>itute.htm
>>>>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>>>>della
>>>>>>prostituzione,
>>>>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>>>>recently
>>>>>>attacked the Mafia activities of the Montengrin president, Milo
>>>>>>Djukanović.
>>>>>>See La Repubblica, 12th January 2001
>>>>>>source:
>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>>>>Italy's sexual slave trade
>>>>>>
>>>>>>
>>>>>>Many prostitutes in Italy come from Albania
>>>>>>In the first of two special reports, the BBC's Brian Barron
>>>>>>investigates Italy's
>>>>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>>>>the
>>>>>>business.
>>>>>>It is estimated that there could be more than 40,000 foreign
>>>>>>prostitutes on the
>>>>>>streets of Italy - and the numbers are increasing.
>>>>>>The streetwalkers venture out every night after 10, on the edge of
>>>>>>big cities
>>>>>>like Rome.
>>>>>>Each trip was awful but that was my choice. If I returned to
>>>>>>Albania I was
>>>>>>dead.
>>>>>>Prostitute
>>>>>>In the Eor district, they are Albanian or from other former
>>>>>>communist countries.
>>>>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>>>>travelled to
>>>>>>Italy through their own efforts.
>>>>>>One streetwalker whose identity must be kept secret recalls her
>>>>>>particular
>>>>>>journey.
>>>>>>"I came by boat," she says.
>>>>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>>>>people with
>>>>>>my own eyes."
>>>>>>"Each trip was awful but that was my choice. If I returned to
>>>>>>Albania I was
>>>>>>dead."
>>>>>>"Dead or alive - this was my only choice."
>>>>>>Tarantelli: Women are held in slavery
>>>>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>>>>are slaves.
>>>>>>"They are brought here," she says.
>>>>>>"Their passports are destroyed often, usually as a matter of fact
>>>>>>they are
>>>>>>tortured to break their wills."
>>>>>>"They're moved around from place to place so they don't know where
>>>>>>they are.
>>>>>>They don't speak the language."
>>>>>>"They're terrified and they can't escape. They're held in slavery."
>>>>>>Poverty
>>>>>>
>>>>>>For many of the girls, the journey began in their Albanian homeland.
>>>>>>In Durres, most people are out of work, surviving on remittances
>>>>>
>>>>>>from relatives
>>>>>
>>>>>>abroad, like the girls on the streets of Italy.
>>>>>>In its poverty and human desperation it is typical of countless
>>>>>>Albanian
>>>>>>communities.
>>>>>>Once Albania was an all-powerful communist police state. It is now a
>>>>>>country
>>>>>>beyond the rule of law.
>>>>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>>>>difficult time
>>>>>>stamping out the smuggling of young girls.
>>>>>>Durres: Lawlessness and poverty prevail
>>>>>>"We have had some success against traffickers in prostitutes," he
>>>>>>says.
>>>>>>"We've arrested at least three. But a big problem is what to do with
>>>>>>the girls
>>>>>>caught up in the system, especially if they come from outside
>>>>>>Albania."
>>>>>>"The fact is we do not have any organisation for helping them."
>>>>>>"At times we've had to keep the girls in prison because there's
>>>>>>nowhere for them
>>>>>>to go."
>>>>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>>>>of the
>>>>>>Albanian mafia being intercepted by Italian security forces.
>>>>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>>>>It was trying to land a batch of illegal immigrants on Italy's
>>>>>>Adriatic coast.
>>>>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>>>>60 miles an
>>>>>>hour, evaded the helicopters and ships trying to encircle them.
>>>>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>>>>Catholic
>>>>>>charity, has launched another kind of assault on the Albanian mafia.
>>>>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>>>>witness protection
>>>>>>programme for former prostitutes from Albania and Eastern Europe.
>>>>>>Hope for some of the women in the witness protection programme
>>>>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>>>>he says.
>>>>>>"It's not an easy decision to make. So these girls must have the
>>>>>>courage to do
>>>>>>it.
>>>>>>"To cut all ties with the past. By pointing the finger at those who
>>>>>>abuse them
>>>>>>there is the chance that some of the guilty will be brought to
>>>>>>justice."
>>>>>>Eighty girls have collaborated. They have been rewarded with the
>>>>>>right to remain
>>>>>>in Italy and, when necessary, new identities.
>>>>>>However, 500 declined because they were afraid of the godfathers.
>>>>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>>>>Pellegrino
>>>>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>>>>Was Johnny
>>>>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>>>>know please
>>>>>>post your materials and sources for them.
>>>>>>
>>>>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>>>>20th, 1940.
>>>>>>
>>>>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>>>>
>>>>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>>>>the
>>>>>>imagination. DioGuardi specialized, among other things, in
>>>>>>victimizing Jews.
>>>>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>>>>less
>>>>>>directly, as they became unwitting customers. The article below
>>>>>>notes that "A
>>>>>>salesman for the company testified in 1969 that often the meat they
>>>>>>delivered to
>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>atrocity to
>>>>>>perpetrate on our customers."
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>>>>Queens, New
>>>>>>York, listening to a tape recording of the conversations coming out
>>>>>>of a bug-a
>>>>>>tiny wireless microphone and radio transmitter hidden in the office
>>>>>>of Norman
>>>>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>>>>to evidence
>>>>>>that illustrated with chilling clarity that the Mafia controlled an
>>>>>>industry
>>>>>>that robbed the public of more than just its money. It was also
>>>>>>stealing its
>>>>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>>>>kept
>>>>>>cropping up. The cops knew who he was.
>>>>>>
>>>>>>
>>>>>>
>>>>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>>>>viscous snarl
>>>>>>as he slugged a United Press photographer outside a Senate committee
>>>>>>hearing
>>>>>>room, appeared on front pages of newspapers all over the country,
>>>>>>because it so
>>>>>>perfectly matched the average person's preconception of what a Mafia
>>>>>>thug should
>>>>>>look like.
>>>>>>
>>>>>>
>>>>>>As the police developed their investigation into the Merkel Meat
>>>>>>Company and the
>>>>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>>>>that the
>>>>>>Lucchese crime family was earning big money from its involvement in
>>>>>>the movement
>>>>>>of substandard and, at times actually rotten meat, that was being
>>>>>>sold into the
>>>>>>retail marketplace.
>>>>>>
>>>>>>
>>>>>>Dioguardi was a master fixer and controller of locals and unions
>>>>>>and, through
>>>>>>this influence, was able to manipulate opportunities for himself and
>>>>>>the
>>>>>>Lucchese family in a wide range of areas.
>>>>>>
>>>>>>
>>>>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>>>>one
>>>>>>particular company that showed his ability to corrupt and control.
>>>>>>
>>>>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>>>>salary of $250
>>>>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>>>>taken over
>>>>>>control of the business. He used this company as a vehicle to gain
>>>>>>control of
>>>>>>the low price kosher meat business. Essentially his method was to
>>>>>>take over an
>>>>>>organization, buy in supplies and create an extended line of credit,
>>>>>>never pay
>>>>>>his debtors, and when the business went bust, move on to the next
>>>>>>one.A salesman
>>>>>>for the company testified in 1969 that often the meat they delivered
>>>>>>to
>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>atrocity to
>>>>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>>>>went
>>>>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>>>>another
>>>>>>company called Tel Aviv. That company also went belly-up in due
>>>>>>course and he
>>>>>>then set up a firm called First National Kosher Provisions. And so
>>>>>>it went on.
>>>>>>Eventually the law caught up with him and he was indicted, and in
>>>>>>1967 was
>>>>>>sentenced to five years in prison and fined $10,000. By this time,
>>>>>>Dioguardi had
>>>>>>been connected to the Lucchese family for over thirty years.
>>>>>>Johnny Dio under arrest(AP)
>>>>>>
>>>>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>>>>on Forsythe
>>>>>>Street in Little Italy where his father Dominick owned a bicycle
>>>>>>shop there. By
>>>>>>1930, he was already at age fifteen an apprentice young hood. After
>>>>>>a year and a
>>>>>>half at Stuyvesant High School, he left to begin work. Through the
>>>>>>influence of
>>>>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>>>>and upcoming
>>>>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>>>>extortionist
>>>>>>working the Garment Center. He was also, as legend has it, one of
>>>>>>the gangsters involved in the so called "Murder Inc." group
>>>>>>that worked
>>>>>>out of Brownsville, East New York, in the 1930's carrying out
>>>>>>murders....Darkly handsome-so dark that he
>>>>>>was called
>>>>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>>>>pleasant smile,
>>>>>>well dressed, well barbered and well manicured, he was always
>>>>>>careful to give
>>>>>>the appearance of an urbane and successful businessman.In 1935,
>>>>>>Thomas Dewey,
>>>>>>the crusading New York DA, listed Dioguardi as among the most
>>>>>>dangerous hoods in
>>>>>>the city. And all this before he was twenty-one years old! In 1937
>>>>>>he got a
>>>>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>>>>his uncle
>>>>>>and several other mobsters for extortion and assault. They had been
>>>>>>extracting
>>>>>>$5000 from every trucker in the garment district, plus demanding a
>>>>>>premium on
>>>>>>every suit and coat made in the area.In 1944, he was indicted for
>>>>>>operating an
>>>>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>>>>and convicted
>>>>>>for failure to pay state income tax in connection with his continued
>>>>>>shakedown
>>>>>>of operators in the garment district. For that, he got sixty days.In
>>>>>>November
>>>>>>1957, he went on trial with some Teamster officials for shaking down
>>>>>>owners of
>>>>>>stationery stores. After a four week trial, he was convicted and
>>>>>>sentenced to
>>>>>>two years in jail.By the time he was forty, he was a "made man" in
>>>>>>the Gagliano
>>>>>>family which was now referred to as the Lucchese family, operating
>>>>>>as a capo, or
>>>>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>>>>in the family
>>>>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>>>>a member of
>>>>>>organized crime, generating in excess of $100,000 each week. He was
>>>>>>so rich, his
>>>>>>standard Christmas present to his wife was a shoe box stuffed with
>>>>>>$50,000 and a
>>>>>>sweet little note such as " buy yourself some nice clothes,
>>>>>>honey."He lived in
>>>>>>great style, wining and dining at the best hotels and restaurants in
>>>>>>town, but
>>>>>>always reserved Sundays to meet with family and friends, and prepare
>>>>>>lunch or
>>>>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>>>>an
>>>>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>>>>home in
>>>>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>>>>for $75,000
>>>>>>in the early 1960's. His legitimate business fronts which
>>>>>>contributed to his
>>>>>>significant tax returns each year, included many highly profitable
>>>>>>clothing
>>>>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>>>>which sold
>>>>>>promotional items to commercial establishments. One of their major
>>>>>>customers was
>>>>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>>>>legendary in the
>>>>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>>>>to Los
>>>>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>>>>Mafia
>>>>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>>>>labour from
>>>>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>>>>every important
>>>>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>>>>Senate
>>>>>>investigations named Dioguardi as one of the masterminds that
>>>>>>manipulated the
>>>>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>>>>airport that
>>>>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>>>>to become
>>>>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>>>>friend,
>>>>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>>>>the New York
>>>>>>area locals supported Hoffa, and this was necessary to swing enough
>>>>>>voters to
>>>>>>support his control of the mid western region, secured through the
>>>>>>Chicago Mob's
>>>>>>help. The solution was to create more locals: enough to establish a
>>>>>>majority.
>>>>>>This was done by setting up "paper" locals-locals with few if any
>>>>>>members-that
>>>>>>could swing the balance in the New York voting.Dioguardi engineered
>>>>>>the creation
>>>>>>of seven new Teamster unions. The extra supply of delegates from
>>>>>>these
>>>>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>>>>convention.
>>>>>>These seven locals were basically sham fronts, composed not of
>>>>>>working people,
>>>>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>>>>nomination.With hindsight
>>>>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>>>>Department,
>>>>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>>>>imprisonment
>>>>>>in 1967, release in 1971 and the events that led up to the fateful
>>>>>>rendezvous on
>>>>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>>>>went there to
>>>>>>meet up with three men. It was a rendezvous from which he never
>>>>>>returned,
>>>>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>>>>Briguglio, a
>>>>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>>>>testator who
>>>>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>>>>undoubtedly one of the
>>>>>>most powerful members of the Lucchese crime family. His influence
>>>>>>was felt in
>>>>>>many areas, particularly those relating to labor. He is remembered
>>>>>>however, more
>>>>>>than anything, for one especially terrible act.In the early hours of
>>>>>>Thursday
>>>>>>April 5th, 1956, a nationally known newspaper columnist and
>>>>>>commentator on labor
>>>>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>>>>41-year-old
>>>>>>Riesel was a crusading journalist, specializing in investigating
>>>>>>union
>>>>>>corruption and Mob-influenced officials. Writing for the Daily
>>>>>>Mirror, his
>>>>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>>>>two workers
>>>>>
>>>>>>from Local 138 of the International Operating Engineers Union out of
>>>>>
>>>>>>Long
>>>>>>Island. Run by father and son both called William DeKoning, they and
>>>>>>their local
>>>>>>were involved in shaking down contractors and were under
>>>>>>investigation by
>>>>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>>>>secretary, Betty
>>>>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>>>>late
>>>>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>>>>approached them and
>>>>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>>>>Hospital,
>>>>>>surgeons were unable to save his eyesight.
>>>>>>Victor Reisel
>>>>>>A federal investigation established the attacker was a twenty-two-
>>>>>>year-old hood
>>>>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>>>>Carlino and
>>>>>>paid $1,175 to do the job. The money had apparently been put up by
>>>>>>Dioguardi. As
>>>>>>publicity mounted, Tevi became convinced that he had been grossly
>>>>>>underpaid to
>>>>>>carry out a piece of work on such an important person and demanded
>>>>>>$50,000. What
>>>>>>he got instead was two bullets in the head, and his body was found
>>>>>>on July 28th,
>>>>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>>>>Although some
>>>>>>people were tried and convicted of the attack on Reisel, the two
>>>>>>prime witnesses
>>>>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>>>>and all
>>>>>>charges against Johnny Dio were dropped in May, 1957.
>>>>>>The assault on Victor Reisel brought a lot of pressure down on
>>>>>>Johnny Dio. The
>>>>>>very action that was aimed at removing a source of irritation,
>>>>>>resulted in far
>>>>>>more damage to his activities that could possibly have occurred had
>>>>>>the assault
>>>>>>not taken place.Despite all the other criminal acts that he was
>>>>>>involved in or
>>>>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>>>>Victor
>>>>>>Reisel." That reputation more than anything else guaranteed that the
>>>>>>police, FBI
>>>>>>and the media would never stop hounding him, and as a result, he
>>>>>>would
>>>>>>eventually spend the rest of his prime years in prison for other
>>>>>>crimes he
>>>>>>committed.Dioguardi always on the lookout for new rackets,
>>>>>>discovered the boom
>>>>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>>>>acquired
>>>>>
>>>>>>from a failing company for little or no money; the market would be
>>>>>
>>>>>>rigged in the
>>>>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>>>>then the
>>>>>>shares would be sold at vastly inflated prices-leaving the investors
>>>>>>to hold the
>>>>>>bag when the fraud was eventually exposed. However fate and the law
>>>>>>finally
>>>>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>>>>boss in the
>>>>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>>>>charges
>>>>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>>>>1973, and
>>>>>>sentenced to a further prison sentence, concurrent to the one he was
>>>>>>already
>>>>>>serving at Danbury Prison in connection with one of his kosher meat
>>>>>>company
>>>>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>>>>the same
>>>>>>year.
>>>>>>Johnny Dio going to prison one last time
>>>>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>>>>started young
>>>>>>at fifteen and had a perfect introduction into the world of crime
>>>>>>through the
>>>>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>>>>and polish
>>>>>>in an enviable mixture. He made the right kind of connections from
>>>>>>an early age.
>>>>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>>>>these
>>>>>>contacts throughout his career as a means of levering his scams and
>>>>>>extortion's
>>>>>>into huge, money-spinning ventures for himself and his crime family.
>>>>>>Like many
>>>>>>criminals, he obviously had the brains and ability to have succeeded
>>>>>>in
>>>>>>legitimate business, had he been that way inclined. The highest
>>>>>>earners in the
>>>>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>>>>lowest soldiers
>>>>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>>>>of their
>>>>>>scheming and scamming.
>>>>>>When he died in a Pennsylvania prison hospital, his passing
>>>>>>attracted no
>>>>>>newspaper attention. All his wealth and power and almost fifty years
>>>>>>of criminal
>>>>>>depravity seemed to count for nothing at all. It was as though he
>>>>>>had never
>>>>>>existed."
>>>>>>source:
>>>>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>>>>
>>>>>>2.html
>>>>>>
>>>>>>
>>>>>>"February 2001In The Money: Congressman James Traficant And His
>>>>>>Campaign
>>>>>>ContributorsBy James Ridgway de Szigethy
>>>>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>>>>corrupted labor
>>>>>>Unions and Middle Eastern political operatives are among those who
>>>>>>have
>>>>>>contributed to the past two re-election campaigns of Congressman
>>>>>>James
>>>>>>Traficant, an analysis of Federal Election Commission records
>>>>>>reveals. These
>>>>>>records, which are required filings under Federal Election law,
>>>>>>reveal 219
>>>>>>donations by individuals and 212 donations by Unions and Political
>>>>>>Action
>>>>>>Committees. 47 of the personal contributions came from outside the
>>>>>>State of
>>>>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>>>>individuals that
>>>>>>indicate a Middle Eastern background of the contributor. Among
>>>>>>the
>>>>>>contributors whose names would probably be recognized by most
>>>>>>Youngstown
>>>>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>>>>Russell
>>>>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>>>>and Gerald
>>>>>>Bostocky. Among the contributors whose names would probably NOT
>>>>>>be
>>>>>>recognized by most Youngstown residents are Virginia residents Ali
>>>>>>Asghar
>>>>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>>>>Javad
>>>>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>>>>Georgia
>>>>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>>>>Hessein
>>>>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>>>>Mahmoud
>>>>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>>>>a former
>>>>>>investigator for the District Attorney's office in Youngstown, was
>>>>>>indicted last
>>>>>>December on charges he bribed Judges to fix Court cases. Ed
>>>>>>Flask accepted
>>>>>>a plea bargain last year in which he pleaded guilty to felony
>>>>>>charges in regards
>>>>>>to his rip-off of nearly $2 million while running the public water
>>>>>>utility in
>>>>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>>>>bribery trial
>>>>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>>>>Mafia
>>>>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>>>>Traficant
>>>>>>bragging about how he laundered through Flask's law office part of
>>>>>>the $163,000
>>>>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>>>>that
>>>>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>>>>Flask which
>>>>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>>>>and murdered.
>>>>>>B & T Express employee Sam Traficanti was present during some of the
>>>>>>secret tape
>>>>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>>>>Traficant,
>>>>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>>>>Express also
>>>>>>donated to Traficant's campaign records show. Traficanti is not
>>>>>>related to
>>>>>>Congressman Traficant. Last September, the Congressman's employee
>>>>>>Anthony
>>>>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>>>>Cleveland.
>>>>>>Congressman Traficant has also received campaign contributions from
>>>>>>Youngstown
>>>>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>>>>has entered
>>>>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>>>>Terlecky, a
>>>>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>>>>bribes from
>>>>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>>>>same
>>>>>>authorities that are now involved in the investigation of
>>>>>>Congressman Traficant,
>>>>>>including two public figures who attended an anti-Mafia summit
>>>>>>meeting recently
>>>>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>>>>chairman of the
>>>>>>Mahoning County Board of Elections who is seeking information the
>>>>>>Congressman
>>>>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>>>>officials in
>>>>>>Youngstown. Terlecky also claims that it was he who found the
>>>>>>infamous
>>>>>>Carabbia tapes months before the FBI during an illegal search and
>>>>>>seizure
>>>>>>regarding an investigation into the murder of yet another Youngstown
>>>>>>Mafia
>>>>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>>>>that include
>>>>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>>>>recorded
>>>>>>months later than Terlecky's claims, when Traficant had just been
>>>>>>elected
>>>>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>>>>agent in
>>>>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>>>>1962. During
>>>>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>>>>fireworks
>>>>>>distributor Bruce Zoldan testified that Chance shook him down
>>>>>>for `tribute
>>>>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>>>>in with
>>>>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>>>>raided Zoldan's
>>>>>>fireworks business two days before their busiest moneymaking period,
>>>>>>the Fourth
>>>>>>of July. Zoldan would also testify that the Gambino Family led by
>>>>>>John Gotti
>>>>>>extorted a huge sum of money from him in order to do business in New
>>>>>>York. The
>>>>>>murder of Mafia figure Joey Naples, who was among those who
>>>>>>contributed to the
>>>>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>>>>for control
>>>>>>of the fireworks business. David Sugar pleaded guilty last year
>>>>>>to
>>>>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>>>>evidence
>>>>>
>>>>>>from the Grand Jury in Cleveland investigating financial dealings
>>>>>
>>>>>>between Sugar,
>>>>>>his construction company, and Congressman Traficant. Sugar is
>>>>>>expected to
>>>>>>testify against Traficant at any future criminal proceedings, as is
>>>>>>Traficant's
>>>>>>former employee on his horse farm, Clarence Broad. In November of
>>>>>>last year,
>>>>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>>>>a woman who
>>>>>>was expected to give damaging testimony against Traficant before the
>>>>>>Grand Jury
>>>>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>>>>those who have
>>>>>>given money to Traficant's campaign, responded by alleging in
>>>>>>Federal Court that
>>>>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>>>>guilty. Judge
>>>>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>>>>claims and
>>>>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>>>>2000
>>>>>>Traficant accepted donations from controversial activist James
>>>>>>Zogby, President
>>>>>>of the Arab American Institute. Zogby was recently in the news last
>>>>>>October,
>>>>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>>>>outrage
>>>>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>>>>terrorism expert
>>>>>>Steven Emerson: "Zogby has not only made comments that are
>>>>>>incendiary but he has
>>>>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>>>>supported the
>>>>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>>>>bombing of
>>>>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>>>>December, 1988,
>>>>>>killing 270 people, including 35 Syracuse University students.
>>>>>>On June 29,
>>>>>>1993, Senator John McCain entered into the Congressional Record a
>>>>>>public
>>>>>>challenge to the FBI and the Justice Department to share information
>>>>>>on the
>>>>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>>>>organization that
>>>>>>was involved in a clandestine effort to influence public policy
>>>>>>through an
>>>>>>organized campaign of directing contributions to the campaigns of
>>>>>>selected
>>>>>>members of Congress. Said the Senator: "Given the charges made in a
>>>>>>previous FBI
>>>>>>report that the PMOI has a history of terrorism, an anti-Western
>>>>>>ideology, and
>>>>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>>>>concern to all
>>>>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>>>>East Data
>>>>>>Project, identified four members of Congress as recipients of
>>>>>>campaign donations
>>>>>
>>>>>>from alleged associates of the PMOI. Those four were Robert
>>>>>
>>>>>>Torricelli of New
>>>>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>>>>Traficant of
>>>>>>Ohio. To date, none of these individuals have been charged with
>>>>>>making illegal
>>>>>>campaign contributions. However, Senator Torricelli is currently in
>>>>>>the news
>>>>>>defending himself against a Chinese fundraiser named David Chang,
>>>>>>who has
>>>>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>>>>1996 campaign.
>>>>>>Numerous recent Media reports show that the Feds are now nearing the
>>>>>>conclusion
>>>>>>of an investigation that began with reports of impropriety regarding
>>>>>>contributions to Torricelli's 1996 campaign. Congressman
>>>>>>Traficant has
>>>>>>developed a huge following in the Arab and Muslim countries in the
>>>>>>Middle East
>>>>>>because of his passionate public support for accused terrorists
>>>>>>Abdel Basset Ali
>>>>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>>>>bombing of Pan Am
>>>>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>>>>trial in
>>>>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>>>>camp guard
>>>>>>responsible for the murders of thousands of Jews during World War
>>>>>>II. Demjanjuk
>>>>>>was convicted and sentenced to death, although the Israeli Supreme
>>>>>>Court later
>>>>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>>>>to personally
>>>>>>escort the accused murderer back to the United States. In the
>>>>>>case of the
>>>>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>>>>in this
>>>>>>matter at a press conference in 1989, at which he claimed that the
>>>>>>bombing was
>>>>>>the result of a joint Syrian/CIA operation. ABC News London
>>>>>>correspondent Pierre
>>>>>>Salinger then picked up the story, utilizing Traficant, government
>>>>>>informant
>>>>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>>>>Coleman
>>>>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>>>>story was a
>>>>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>>>>fraud
>>>>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>>>>Aviv's
>>>>>>indictment Congressman Traficant found a replacement in Boris de
>>>>>>Korczak as his
>>>>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>>>>is best known
>>>>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>>>>he had been
>>>>>>recruited by the CIA as a double agent against the KGB, that
>>>>>>his `cover' had
>>>>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>>>>with the
>>>>>>KGB during a car chase through the streets of Copenhagen, and that
>>>>>>his CIA case
>>>>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>>>>$300,000 in
>>>>>>exchange for the promise of help in obtaining the pension he claimed
>>>>>>was owed
>>>>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>>>>kidney 4
>>>>>>months later by an unknown assailant armed with a pellet gun. The
>>>>>>CIA denied
>>>>>>Boris' claims he was owed monetary compensation and also denied any
>>>>>>of its
>>>>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>>>>and the
>>>>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>>>>and his
>>>>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>>>>Al-Megrahi
>>>>>>was recently convicted as the terrorist who planted the bomb that
>>>>>>destroyed Pan
>>>>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>>>>addition to
>>>>>>receiving campaign money from convicted Mafia figures and Middle
>>>>>>Eastern
>>>>>>political operatives, FEC documents also detail contributions made
>>>>>>to
>>>>>>Traficant's campaign from Unions that have been involved in
>>>>>>corruption scandals
>>>>>>in recent years. Those Unions include the American Federation of
>>>>>>State, County,
>>>>>>& Municipal Employees, the Communications Workers of America, the
>>>>>>Transport
>>>>>>Workers Union, and the UFCW. Traficant has also received
>>>>>>donations from the
>>>>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>>>>President
>>>>>>campaign, and the National Education Association Fund for Children
>>>>>>and Public
>>>>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>>>>Association of
>>>>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>>>>degree to
>>>>>>have ever beaten a Federal racketeering trial by acting as his own
>>>>>>attorney.
>>>>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>>>>confession
>>>>>>after agents played for him excerpts from the Carabbia tapes.
>>>>>>Traficant then
>>>>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>>>>Flask's
>>>>>>partner, who is today the President of the Cleveland Browns
>>>>>>professional
>>>>>>football team. However, after Traficant went public with charges
>>>>>>that just about
>>>>>>every public official in Youngstown was involved with the Mafia,
>>>>>>Policy dumped
>>>>>>Traficant as his client. Traficant then made a bold - and some would
>>>>>>say insane
>>>>>>- decision to renounce his confession and stand trial, acting as his
>>>>>>own
>>>>>>attorney. Traficant explained to the jury that he only accepted the
>>>>>>Mafia bribe
>>>>>>money so he would know whom to arrest for corruption once elected
>>>>>>Sheriff. After
>>>>>>four days of deliberations, the jury returned a verdict that stunned
>>>>>>the
>>>>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>>>>Traficant then
>>>>>>turned the publicity over his acquittal to his advantage and was
>>>>>>elected to
>>>>>>Congress in 1984. However, three years later he was again in Court,
>>>>>>facing civil
>>>>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>>>>Representing him was
>>>>>>attorney George Alexander, who has since been convicted of
>>>>>>racketeering with the
>>>>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>>>>civil trial
>>>>>>and ordered to pay back taxes, fines, and interest. For many
>>>>>>months now,
>>>>>>Traficant has been predicting during public appearances that he
>>>>>>expects to be
>>>>>>indicted - again - by the Federal authorities in Cleveland who have
>>>>>>to date
>>>>>>convicted over 70 public officials, many of whom are associates of
>>>>>>the
>>>>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>>>>JAMESDE@prodigy.net.
>>>>>>
>>>>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>>>>above material appeared in
>>>>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>>>>just Google that title to read the rest of the material
>>>>>>
>>>>>>material below is from:
>>>>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>>>>other unions, such as the Union of Painters and Allied Trades,
>>>>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>>>>(1978).
>>>>>> 19. See infra Table II.
>>>>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>>>>
>>>>>>material below appeared at
>>>>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>>>>Fuel Tax Evasion Highlights, March 1995
>>>>>>Volume 4, Number 1 March 1995
>>>>>>
>>>>>>--------------------------------------------------------------------------------
>>>>>>IN THE NEWS
>>>>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>>>>1980's who turned government informant and was subsequently booted out
>>>>>>of the witness protection program and is now wanted by Texas
>>>>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>>>>before he and 7 others were to begin trial. Balagula is already
>>>>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>>>>Dept. of Justice Press Release, 11/4/94
>>>>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>>>>Columbus Dispatch, 12/24/94
>>>>>>The worldwide activities of Russian organized crime and its ability to
>>>>>>bilk companies, governments and individuals out of billions of dollars
>>>>>>through sophisticated fraud and theft schemes is described in two
>>>>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>>>>6/94
>>>>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>>>>State Journal, 11/1/94
>>>>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>>>>charges growing out of the Operation Red Daisy investigation conducted
>>>>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>>>>12/16/94
>>>>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>>>
>>>>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>>>
>>>>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>>>>free diesel fuel and used transformer oil from suppliers and utility
>>>>>>companies using false documents showing the fuel was destined for
>>>>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>>>>Week, 5/30/94;
>>>>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>>>>excess of $475,000. Press Release, Travis County D.A.
>>>>>>The State of Maryland filed tax assessments of over $300,000 against
>>>>>>two trucking companies and a fuel oil distribution firm for using home
>>>>>>heating oil in trucks. Six other companies are expected to receive
>>>>>>assessments. The assessments stem from a joint investigation by the MD
>>>>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>>>>6/20/94; Washington Times, 6/10/94
>>>>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>>>>Star, 1/14/95
>>>>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>>>>to 54 criminal counts, including failing to pay more than $24 million
>>>>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>>>>substandard gas in connection with their 200 gas stations. Under a
>>>>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>>>>than 8 years in State prison. The amount of restitution could be as
>>>>>>much as $800 million. The Lazars operated California Target
>>>>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>>>>Service Stations, and Challenge Marketing. The firms are pending
>>>>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>>>>9/26/94; L.A. Times, 9/27/94
>>>>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>>>>Revenue Department special agents who are trained in investigating
>>>>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>>>>TX)
>>>>>>DYED DIESEL ENFORCEMENT
>>>>>>Truckers are warned not to run on red diesel and urged to do visual
>>>>>>checks when refueling.
>>>>>>Transport Topics, 10/24/94
>>>>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>>>>11/7/94
>>>>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>>>>WANT TO KNOW MORE?
>>>>>>For more information or updates to the mailing list, call Linda
>>>>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>>>>20590.
>>>>>>FAX back address corrections or additions to: 202-366-7696
>>>>>>
>>>>>
>>>>>I agree completely with that one part about that one guy
>>>>>who said something about something or other.
>>>>>
>>>>>Discuss!
>>>>
>>>>I'm proud to be a union man. I pay my dues when I can... yeah.
>>>
>>>
>>>Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
>>>to chat with you anyway, you know, just to "see how the other half
>>>live," and all. Anyway, what's up?
>>
>>Not much here, i had a favorite fan of yours talking to one of my
>>bots, recently.
>
>
> Is this supposed to be some kind of code for something?

Is "what" supposed to be...."" ""?

--
And lo, it was evening and it was morning and there
were already two ways to store Unicode.
http://video.google.com/googleplayer.swf?docId=8245476550623867087

 

[Wavy G]

Don't fight it, ??? rrock...Just lie down and try to relax:

>
>
>Wavy G wrote:
>
>> Don't fight it, ??? rrock...Just lie down and try to relax:
>>
>>
>>>
>>>Wavy G wrote:
>>>
>>>
>>>>Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:
>>>>
>>>>
>>>>
>>>>>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>>>>>wrote:
>>>>>
>>>>>
>>>>>
>>>>>>reallyveryradical wrote:
>>>>>>
>>>>>>
>>>>>>
>>>>>>>Can We Stop The Demobrocrats
>>>>>>>
>>>>>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>>>>>primary, as the campaigns of 2008 presidential candidates seek
>>>>>>>endorsements from the major labor federations and member unions.
>>>>>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>>>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>>>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>>>>>Obama has an economics speech in New York City in the morning and
>>>>>>>Clinton delivers her plan to deliver universal health care coverage in
>>>>>>>Iowa.
>>>>>>>
>>>>>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>>>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>>>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>>>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>>>>>attend"
>>>>>>>above from
>>>>>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>>>>>
>>>>>>>In the Matter of Alan D. Wasserman
>>>>>>>
>>>>>>>Laborers' International Union of North America
>>>>>>>Independent Hearing Officer
>>>>>>>Docket No. 97-57D
>>>>>>>Decided October 7, 1998
>>>>>>>Order and Memorandum
>>>>>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>>>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>>>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>>>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>>>>>matter is discussed below in detail.
>>>>>>>This matter comes before the Laborers' International Union of North
>>>>>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>>>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>>>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>>>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>>>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>>>>>Specifically, Wasserman is charged with knowingly associating with a
>>>>>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>>>>>labor payoffs from contractors, offering to allow employers to pay
>>>>>>>LIUNA members less than union-scale wages and benefits, and
>>>>>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>>>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>>>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>>>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>>>>>client was depressed and unable to assist him in his defense. In
>>>>>>>support, Gold presented a letter of a medical doctor who stated that
>>>>>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>>>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>>>>>such a disorder rendered him unable to assist in his defense but
>>>>>>>merely indicated that Wasserman's ability to testify was impaired.
>>>>>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>>>>>defense. I decided to proceed with the hearing but told Gold that if
>>>>>>>he desired an additional session to present new evidence based on the
>>>>>>>cooperation of his client, he should inform me and a hearing would be
>>>>>>>arranged.
>>>>>>>At the conclusion of the hearing, I instructed both parties to inform
>>>>>>>me by June 15, 1998, whether they wished the record to remain open
>>>>>>>pending the submission of additional evidence. The parties were also
>>>>>>>instructed to submit post-hearing briefs three weeks following June
>>>>>>>15, 1998. I stated "You have until June 15th to let me know what
>>>>>>>other plans you have, whether to close or keep the record open."
>>>>>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>>>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>>>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>>>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>>>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>>>>>original and one copy of all exhibits presented at the May 27, 1998
>>>>>>>hearing. Wasserman filed no response to the motion to admit the
>>>>>>>confidential witness testimony.
>>>>>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>>>>>communication with my office. Attorney Gold made no effort to contact
>>>>>>>my office regarding his client's mental status or his intention to
>>>>>>>offer any additional evidence. I filed the August 28 Order which
>>>>>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>>>>>Gold by letter to my office complained of not having had an
>>>>>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>>>>>letter was Wasserman's first contact with my office in over three
>>>>>>>months. I issued an Order placing the August 28 Order in suspense and
>>>>>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>>>>>September 4, 1998. I permitted both parties to file written
>>>>>>>objections and conclusions to the proposed order with arguments to
>>>>>>>support their conclusions. I clearly stated that objections and
>>>>>>>arguments were to be filed by September 28, 1998. Despite the
>>>>>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>>>>>indicating he wished to discuss a timetable for the completion of
>>>>>>>evidence after October 1, 1998, including the possibility of having
>>>>>>>his client testify. I denied Gold's request to hold the record open
>>>>>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>>>>>1998, to file objections to the August 28 Order. I also requested
>>>>>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>>>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>>>>>asserted that Wasserman was able to appear and testify; however, he
>>>>>>>did not submit any proposed testimony by Wasserman as requested. I
>>>>>>>find that there is no credible evidence that Wasserman ever intended
>>>>>>>to appear.
>>>>>>>Qualification Of Expert Witnesses
>>>>>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>>>>>("Schaffler") as expert witnesses.
>>>>>>>Jack Elko
>>>>>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>>>>>of those years, Elko specialized in organized crime investigations for
>>>>>>>the Division of Criminal Justice of the Office of the Attorney General
>>>>>>>of New Jersey. Id. Prior to his employment with the Division of
>>>>>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>>>>>County in Morristown, New Jersey. He attended numerous service
>>>>>>>schools, including the New Jersey State Police Academy, courses
>>>>>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>>>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>>>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>>>>>Elko testified in this proceeding as an expert in the make-up and
>>>>>>>structure of organized crime, specifically in the Newark area. This
>>>>>>>technique has been accepted in similar union disciplinary matters.
>>>>>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>>>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>>>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>>>>>Elko used tested and accepted investigative techniques to verify the
>>>>>>>credibility of the individuals whose information he related at the
>>>>>>>hearing. Elko testified as to information and hearsay statements of
>>>>>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>>>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>>>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>>>>>weight to hearsay declarations of three LCN members that were related
>>>>>>>by an FBI agent. The court used a number of factors to evaluate the
>>>>>>>reliability of the statements. The court noted that the statements
>>>>>>>corroborated each other in crucial respects, the reports painted a
>>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>>statements matched the FBI agent's declaration in the subject matter.
>>>>>>>Id. The court held that these declarations constituted relevant
>>>>>>>evidence that a reasonable mind might accept on the subject of
>>>>>>>association with organized crime. Id.
>>>>>>>I find that Elko is a qualified witness, expert in organized crime
>>>>>>>matters, and his testimony, in conformance with accepted investigative
>>>>>>>techniques, is reliable.
>>>>>>>Elko related information given to him by five named individuals
>>>>>>>described below, three of whom have cooperated with federal
>>>>>>>authorities and two of whom are law enforcement officers.
>>>>>>>Rocco Cagno
>>>>>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>>>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>>>>>109. Cagno became a made member in 1987; thereafter, he was
>>>>>>>incarcerated. The record does not reflect the reason for his
>>>>>>>incarceration.
>>>>>>>He was released from prison in 1990 and his movements were monitored
>>>>>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>>>>>required to gain employment. He became employed by Local 342 through
>>>>>>>the influence of Colombo family members and Anthony Proto, who was
>>>>>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>>>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>>>>>to speak with Cagno in October 1997 concerning the various organized
>>>>>>>crime affiliations within Local 342. Tr. 109.
>>>>>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>>>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>>>>>both made members of the Lucchese organized crime family and are also
>>>>>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>>>>>been the acting boss of the New Jersey faction of the Lucchese
>>>>>>>family. Id.
>>>>>>>Steve Montgomery and Lt. Dennis Masucci
>>>>>>>Elko also based his opinion on information supplied to him by two law
>>>>>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>>>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>>>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>>>>>information provided by Masucci is based upon confidential informant
>>>>>>>sources proven reliable in the past, who gave Masucci information
>>>>>>>which resulted in the arrest of organized crime members, including
>>>>>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>>>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>>>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>>>>>Montgomery's information is also based on his personal investigation
>>>>>>>and confidential sources.
>>>>>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>>>>>each other and by the information supplied by Masucci and
>>>>>>>Montgomery.
>>>>>>>Jeffrey Schaffler
>>>>>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>>>>>He spent his last years as a special agent with the Office of Labor
>>>>>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>>>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>>>>>an assistant special agent in charge of a DOL investigation office.
>>>>>>>Id. Schaffler is currently under contract to the Office of the
>>>>>>>Inspector General of the Port Authority of New York and New Jersey.
>>>>>>>His duties involve investigation of contractors who do business with
>>>>>>>the Port Authority, the operation of construction projects, the manner
>>>>>>>in which construction bids are made, contract fraud and wage and hour
>>>>>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>>>>>capacity of an expert in the labor field.
>>>>>>>I find that Schaffler is a qualified expert witness in the labor
>>>>>>>field.
>>>>>>>Findings of Fact
>>>>>>>Structure of Organized Crime
>>>>>>>1. The LCN is a tightly structured
>>>>>>>criminal organization which operates in various cities throughout the
>>>>>>>United States. It is in the business of crime for a profit.[1]
>>>>>>>2. The LCN is comprised of groups of individuals organized into
>>>>>>>entities called families. Tr. 105.
>>>>>>>3. A typical LCN family structure consists of the head (the
>>>>>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>>>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>>>>>activities of LCN members and their associates. LCN members within a
>>>>>>>family operate in small groups called "crews" which are headed by men
>>>>>>>called "capos" or "crew bosses." Tr. 106.
>>>>>>>4. A "made member" is an individual within an LCN family who
>>>>>>>has undergone an initiation process and sworn allegiance to that
>>>>>>>family putting the family above everything else. Tr. 106. See also
>>>>>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>>>>>5. An "associate" is an individual who works under a capo and
>>>>>>>assists made members, but who has not been formally initiated into the
>>>>>>>family. Tr. 106. An associate may either earn his living by
>>>>>>>performing illegal acts on behalf of an LCN family or he may have an
>>>>>>>ostensibly legitimate job while at the same time assisting a
>>>>>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>>>>>129-30.
>>>>>>>6. Both members and associates engage in activities which bring
>>>>>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>>>>>associate could only become a made member by participating in the
>>>>>>>murder of an individual. In more recent times, an associate may
>>>>>>>become a made member based upon the benefits he is able to produce for
>>>>>>>that family, such as earning large sums of money or exercising
>>>>>>>influence in business or politics. Tr. 106-07.
>>>>>>>7. A number of LCN families are located in the New York/New
>>>>>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>>>>>The LCN's History Of Control Over Local 342
>>>>>>>8. The evidence presented during the hearing establishes by a
>>>>>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>>>>>been subject to LCN control for many years.
>>>>>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>>>>>crime families have shared control of Local 342. Tr. 110. The two
>>>>>>>families shared illegal profits from contractors within their
>>>>>>>jurisdiction by soliciting money for labor peace and outright
>>>>>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>>>>>families were placed on the labor payroll with various contractors
>>>>>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>>>>>families later shifted to an arrangement where the Colombo family
>>>>>>>received preferential treatment for placement of workers at particular
>>>>>>>contract sites, but no longer shared in racketeering labor profits.
>>>>>>>Tr. 111-12.
>>>>>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>>>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>>>>>to the present, the Task Force and other law enforcement entities have
>>>>>>>documented the Gambino family infiltration of Local 342. Id.
>>>>>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>>>>>family in New York. After Castellano's murder in December 1985, he
>>>>>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>>>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>>>>>of Local 342 for several years prior to the Task Force's creation in
>>>>>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>>>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>>>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>>>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>>>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>>>>>for racketeering. Tr. 138.
>>>>>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>>>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>>>>>made member of the Gambino family. Tr. 117, 133.
>>>>>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>>>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>>>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>>>>>month for permission to park the vendor's vehicle on a particular
>>>>>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>>>>>with a sledgehammer. Id. The police responded and, after a period of
>>>>>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>>>>>approval, the charges were downgraded to simple assault, not pursued,
>>>>>>>and the vendor immediately left New Jersey and moved to South
>>>>>>>Carolina. Id.
>>>>>>>15. At the time of the assault, Andrade was a shop steward of
>>>>>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>>>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>>>>>time was an employee of Local 342. Id.
>>>>>>>16. In 1987, the Task Force launched an investigation into
>>>>>>>organized crime influence in New Jersey. The investigation employed
>>>>>>>court authorized electronic surveillance and other investigative
>>>>>>>techniques. The investigation resulted in the indictment of numerous
>>>>>>>Gambino family members for labor racketeering in New Jersey, one of
>>>>>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>>>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>>>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>>>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>>>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>>>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>>>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>>>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>>>>>James Proto with his duties. Tr. 134.
>>>>>>>18. While Andrade was Business Agent and James Proto was Business
>>>>>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>>>>>147.
>>>>>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>>>>>family in Staten Island, New York. Vallaro's father was a made member
>>>>>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>>>>>Following the 1993 convictions of other Gambino family members,
>>>>>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>>>>>20. At the time of his move, Vallaro was unknown to law
>>>>>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>>>>>presence and involvement in the LCN through electronic surveillance
>>>>>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>>>>>information about Vallero which Elko obtained from the surveillance
>>>>>>>was verified by Cagno. Tr. 136.
>>>>>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>>>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>>>>>and responsible for the New Jersey area, including all the Gambino
>>>>>>>family members and associates within Local 342. Tr. 109, 113.
>>>>>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>>>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>>>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>>>>>testified that he learned this fact from intelligence sources,
>>>>>>>discussions with Cagno and interviews with other organized crime
>>>>>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>>>>>23. After Proto's incarceration, Cagno became concerned about the
>>>>>>>distribution of money and work for the Colombo family members within
>>>>>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>>>>>York City Colombo family. Id. Cagno was approached within the next
>>>>>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>>>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>>>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>>>>>24. Cagno and Juicy DiModica, as representatives of their
>>>>>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>>>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>>>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>>>>>DiModica and the Gambino family. Tr. 114.
>>>>>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>>>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>>>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>>>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>>>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>>>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>>>>>labor issues and Local 342. Id.
>>>>>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>>>>>Bisaccia were intercepted and monitored. Id.
>>>>>>>27. In April 1994, a conversation was intercepted between Joseph
>>>>>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>>>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>>>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>>>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>>>>>not making any money for them and that they would be broke in two
>>>>>>>months. Elko testified that he understood this conversation to mean
>>>>>>>that James Proto was not being forceful enough in extracting money
>>>>>>
>>>>>>>from contractors for Local 342. Id.
>>>>>>
>>>>>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>>>>>conversation, James Proto remained Business Manager of Local 342 for
>>>>>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>>>>>Id.
>>>>>>>VHR Construction
>>>>>>>Charge I:
>>>>>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>>or a thing of value from VHR Construction, an employer engaged in an
>>>>>>>industry affecting interstate commerce, when Wasserman asked for a
>>>>>>>payoff in form of a "Christmas gift" while being a Union member and
>>>>>>>representative (29 U.S.C. ?186(b)(1)).
>>>>>>>Charge II:
>>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>>employer while being a Union member and representative, in violation
>>>>>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>>>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>>>>>Practices Code.
>>>>>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>>>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>>>>>a contractor who desired confidentiality had alleged that Wasserman
>>>>>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>>>>>Newark International Airport, and had caused the contractor's
>>>>>>>equipment to be damaged. The contractor stated specifically that one
>>>>>>>piece of equipment was filled with concrete and another piece was
>>>>>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>>>>>pure hearsay, the specificity of the description of the damage is
>>>>>>>corroborated later in interviews with a company official.
>>>>>>>30. The IG sent investigators to Newark to verify the
>>>>>>>allegations. Id.
>>>>>>>31. VHR Construction was a general contractor at the Newark
>>>>>>>Airport and signatory to a collective bargaining agreement with Local
>>>>>>>342. Tr. 21, 23.
>>>>>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>>>>>Construction. Tr. 21.
>>>>>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>>>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>>>>>company was not the victim of the equipment damage, but he had heard
>>>>>>>about the incident. Tr. 22.
>>>>>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>>>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>>>>>35. Wortman said that he and his staff had threatened to dock
>>>>>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>>>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>>>>>Wortman's office to discuss the issue during the weeks before
>>>>>>>Christmas of 1995. Id.
>>>>>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>>>>>was also a member but not an officer or even a steward of Local 342.
>>>>>>>Tr. 28-29.
>>>>>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>>>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>>>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>>>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>>>>>record is silent as to Wasserman's participation in the request.
>>>>>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>>>>>to the meeting to make the request and fully approved of the demand.
>>>>>>>38. At the hearing in the instant matter, Schaffler testified
>>>>>>>that, in his expert opinion of the construction industry, labor
>>>>>>>payoffs are usually made at Christmastime or at the beginning of the
>>>>>>>summer or late spring. Tr. 167.
>>>>>>>39. It was also Schaffler's expert opinion, based on his
>>>>>>>experience, James DiModica's request for a Christmas gift was the
>>>>>>>solicitation of a bribe. Tr. 165. I find that under the
>>>>>>>circumstances all parties understood that the meaning of the request
>>>>>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>>>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>>>>>that Wortman's testimony was corroborated by other testimony, and is
>>>>>>>reliable.
>>>>>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>>>>>the matter of his pay being docked for continually leaving the job.
>>>>>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>>>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>>>>>weight since Wasserman and Wortman entered into an agreement settling
>>>>>>>the matter.
>>>>>>>
>>>>>>>
>>>>>>>B.J. McGlone & Co. Inc.
>>>>>>>Charge III:
>>>>>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>>>>>in an industry affecting interstate commerce, when he demanded labor
>>>>>>>payoffs from an employer while being a Union member and representative
>>>>>>>(29 U.S.C. ?186(b)(1)).
>>>>>>>Charge IV:
>>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>>employer and offered to allow that employer to use non-Union labor or
>>>>>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>>>>>so doing violated his obligation as a member of the Union to refrain
>>>>>>
>>>>>>>from interfering with the proper conduct of Union business, in
>>>>>>
>>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>>of the LIUNA Ethical Practices Code
>>>>>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>>>>>which provides fireproof material and services. Tr. 47. McGlone
>>>>>>>performed and worked at the Newark Airport job site in 1994.
>>>>>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>>>>>who was involved in managing one of the job sites at the Newark
>>>>>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>>>>>name would not be repeated to anyone outside of the interview.
>>>>>>>Although he requested anonymity, the record is clear that he was an
>>>>>>>officer of McGlone, that he was involved in the operation of the site,
>>>>>>>and that he dealt with Wasserman. The probative value of this
>>>>>>>testimony will be discussed below.
>>>>>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>>>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>>>>>55.
>>>>>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>>>>>conversation about placing safety equipment on the job site. The
>>>>>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>>>>>company did not install the equipment and the job commenced. Id.
>>>>>>>45. Two pieces of equipment were subsequently damaged at the job
>>>>>>>site. Id. One spray machine was filled with concrete and another was
>>>>>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>>>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>>>>>170. This description corroborates the description of the damage in
>>>>>>>the anonymous report made to the IG.
>>>>>>>46. Schaffler testified that it is common practice when a company
>>>>>>>does not comply with demands for payoffs from LCN controlled unions,
>>>>>>>the union may resort to intimidation methods to frighten the company
>>>>>>>officials. Id. A common method is to damage equipment. Id.
>>>>>>>47. The officer subsequently had a conversation with Wasserman in
>>>>>>>which the officer told Wasserman the equipment was damaged and said
>>>>>>>"this is not the way for you to put your people to work." Tr. 53.
>>>>>>>Wasserman made no reply to this accusation and requested a meeting.
>>>>>>>Tr. 54
>>>>>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>>>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>>>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>>>>>without interference and the company need only pay the workers enough
>>>>>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>>>>>was not his decision to pay the money and that he would have to refer
>>>>>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>>>>>money was paid.
>>>>>>>49. Schaffler testified that he was familiar with the terms "give
>>>>>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>>>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>>>>>workers enough for them to buy a ham sandwich," under the
>>>>>>>circumstances, meant the workers could be paid a moderate amount for
>>>>>>>work completed, but the company would not have to adhere to all terms
>>>>>>>of the collective bargaining agreement, including paying fringe
>>>>>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>>>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>>>>>James DiModica would take responsibility for handling any complaints
>>>>>>
>>>>>>>from the workers. Id.
>>>>>>
>>>>>>>50. Attorney Gold argues that the testimony of the McGlone
>>>>>>>official is not credible. Gold states that the official is biased
>>>>>>>against Wasserman because Wasserman came to the meeting to discuss
>>>>>>>legitimate safety issues at McGlone, and the official was upset at
>>>>>>>being confronted with safety violations. This argument has little
>>>>>>>weight because substantial damage had been done to McGlone's
>>>>>>>equipment. It would be more cost effective for McGlone to address
>>>>>>>legitimate safety issues than to damage its own equipment and blame
>>>>>>>Wasserman. I find the official's representation of the events to be
>>>>>>>credible, and corroborated by other evidence. See the Discussion,
>>>>>>>infra.
>>>>>>>E & S Construction
>>>>>>>Charge V:
>>>>>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>>an act of racketeering in that Wasserman did request and demand money
>>>>>>>or a thing of value from E&S Construction, an employer engaged in an
>>>>>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>>>>
>>>>>>>from an employer while being a Union member and representative (29
>>>>>>
>>>>>>>U.S.C. ?186(b)(1)).
>>>>>>>Charge VI:
>>>>>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>>>>>an employer and offered to allow that employer to use non-Union labor
>>>>>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>>>>>in so doing violated his obligation as a member of the Union to
>>>>>>>refrain from interfering with the proper conduct of Union business, in
>>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>>of the LIUNA Ethical Practices Code.
>>>>>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>>>>>contacted the LIUNA New Jersey regional office concerning an
>>>>>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>>>>>shortly thereafter. Id.
>>>>>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>>>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>>>>>could not work as a laborer, he formed his own construction company.
>>>>>>>Id.
>>>>>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>>>>>9 in New Jersey. Id.
>>>>>>>54. In the same month, Taylor received a call from Wasserman who
>>>>>>>identified himself as a representative from Local 342 and requested a
>>>>>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>>>>>55. The following day, Wasserman arrived at Taylor's job site
>>>>>>>accompanied with an individual Taylor later identified as James
>>>>>>>DiModica. Id.
>>>>>>>56. At the start of the meeting, James DiModica stated that he had
>>>>>>>just gotten out of jail. Tr. 60.
>>>>>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>>>>>at the Newark Airport with the Brown Matthews Company, and he
>>>>>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>>>>>58. Taylor replied that at the time he had three full-time workers
>>>>>>>with his company and the workload was just enough for those three
>>>>>>>workers. Taylor said if his workload increased he would definitely
>>>>>>>call the Local 342 hiring hall for laborers. Id.
>>>>>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>>>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>>>>>use them because he had to use Local 342 members. Id.
>>>>>>>60. Wasserman then made a motion with one of his hands indicating
>>>>>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>>>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>>>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>>>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>>>>>$5,000. Id.
>>>>>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>>>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>>>>>the workers any benefits. Id. Taylor understood this to mean that
>>>>>>>the various fringe benefits, pension annuity, and medical benefits
>>>>>>>required by the collective bargaining agreement would not have to be
>>>>>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>>>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>>>>>Wasserman would make him put up a bond for the benefits at his job
>>>>>>>site. Tr. 59.
>>>>>>>63. Towards the end of the meeting, James DiModica made a
>>>>>>>statement to Taylor that "we have connections, we'll get you paid
>>>>>>>faster." Tr. 60.
>>>>>>>64. Subsequently, Taylor positively identified James DiModica from
>>>>>>>photographs shown to him by IG Inspectors. Id.
>>>>>>>65. I find that there was no reason for James DiModica, who had no
>>>>>>>official union position, to accompany Wasserman to Wasserman's
>>>>>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>>>>>DiModica visits to the contractors appears, under these circumstances,
>>>>>>>to be a joint venture in extortion.
>>>>>>>66. The statements of Taylor as to what the demands meant and the
>>>>>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>>>>>extortionate practices are credible and well founded.
>>>>>>>67. Attorney Gold contends that the appearance of James DiModica
>>>>>>>with Wasserman where money was solicited from employers was not in
>>>>>>>itself improper. Gold argues that DiModica might have been a shop
>>>>>>>steward on at least one of the jobs, and his appearance on any of the
>>>>>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>>>>>associate of organized crime. On one occasion he suddenly requested a
>>>>>>>Christmas gift from the employer and on another he began the
>>>>>>>conversation by informing the employer that he had just been released
>>>>>>
>>>>>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>>>>
>>>>>>>serve the purpose of intimidating the contractor.
>>>>>>>68. Attorney Gold also contends that since none of the complaining
>>>>>>>persons ever alleged that as a result of denying payoffs they suffered
>>>>>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>>>>>go unpunished. There is no evidence to indicate whether or not the
>>>>>>>payments were made. The record is silent on that matter; however,
>>>>>>>there is evidence that equipment at McGlone was heavily damaged after
>>>>>>>McGlone refused to install the requested safety apparatus.
>>>>>>>Knowing Association With The LCN
>>>>>>>Charge VII:
>>>>>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>>>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>>>>>associating with La Cosa Nostra crime family members or associates,
>>>>>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>>>>>crime family and James DiModica, an associate of the Gambino crime
>>>>>>>family.
>>>>>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>>>>>Jersey for approximately ten years.
>>>>>>>70. At the time of the hearing in this matter, Wasserman was the
>>>>>>>Business Manager of Local 342. He was appointed by the Executive
>>>>>>>Board to succeed James Proto. Wasserman has also served in the
>>>>>>>positions of field representative and a shop steward of Local 342.
>>>>>>>71. The GEB Attorney offered the history of Local 342 described
>>>>>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>>>>>as evidence of Wasserman's associations with the Gambino family.
>>>>>>>72. Based upon his years of investigation, including the
>>>>>>>aforementioned information in paragraphs 8 through 28, and
>>>>>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>>>>>concluded that Juicy DiModica is a made member of organized crime and
>>>>>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>>>>>73. Based upon his information, including direct information from
>>>>>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>>>>>years of surveillance, Elko concluded that James DiModica is an
>>>>>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>>>>>74. Based upon direct information from Cagno, information from
>>>>>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>>>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>>>>>123, 129.
>>>>>>>Discussion
>>>>>>>The IHO must base his decisions on reliable evidence through a review
>>>>>>>of what is probative and reliable. Attorney Gold objects to the use
>>>>>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>>>>>however, reliable hearsay evidence is admissible in labor
>>>>>>>arbitrations. Associated Cleaning Consultants and International
>>>>>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>>>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>>>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>>>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>>>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>>>>>evidence has been admitted regularly in union disciplinary proceedings
>>>>>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>>>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>>>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>>>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>>>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>>>>>1990). The test is whether the evidence is reliable. Senese &
>>>>>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>>>>>389, 402 (1971)).
>>>>>>>The testimony of the IG Inspectors regarding statements of contractors
>>>>>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>>>>>& S Construction are hearsay; however, they demonstrate a similar
>>>>>>>pattern, and similar demands were related by three individuals who
>>>>>>>have neither bias nor reason to falsify. The individuals knew their
>>>>>>>statements would eventually be known when they spoke to the
>>>>>>>investigating officials, yet they still exposed themselves to the risk
>>>>>>>of voluntary cooperation. One of the individuals initiated contact
>>>>>>>with officials. I recognize that one of the individuals has remained
>>>>>>>unnamed and, standing alone, his statements would not be probative.
>>>>>>>Nonetheless, I give evidentiary weight to his information due to the
>>>>>>>striking similarity between the three incidents. The hearsay
>>>>>>>statements of the unnamed individual match the hearsay statements of
>>>>>>>the named individuals. The statements describe the same modus
>>>>>>>operandi, the same labor extortion goals during roughly the same time
>>>>>>>period, and involve the same two perpetrators. I find that the
>>>>>>>hearsay statements of the contractors corroborate each other and I
>>>>>>>find the evidence to be reliable especially given the very similar
>>>>>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>>>>>hearsay evidence reliable based upon FBI Agent's information being
>>>>>>>culled from various sources and the various sources' corroboration of
>>>>>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>>>>>of factors to evaluate reliability giving evidentiary weight to
>>>>>>>hearsay declarations of three LCN members related by FBI agent;
>>>>>>>factors included corroborating statements in crucial respects, a
>>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>>statements matched the FBI agent's declaration in the subject matter).
>>>>>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>>>>>conduct includes, among others, committing any act of racketeering.
>>>>>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>>>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>>>>>"committing any act of racketeering, as defined in Title 18 of the
>>>>>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>>>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>>>>>U.S.C. ? 1961(a).
>>>>>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>>>>>and or to receive anything of value from a contractor with whom he has
>>>>>>>a collective bargaining agreement:
>>>>>>>It shall be unlawful for any person to request, demand, receive, or
>>>>>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>>>>>of any money or other thing of value prohibited by subsection (a) of
>>>>>>>this section.
>>>>>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>>>>>"giving any money or other thing of value to any labor organization,
>>>>>>>or any officer or employee thereof, which represents, seeks to
>>>>>>>represent, or would admit to membership, any of the employees of such
>>>>>>>employer who are employed in an industry affecting commerce."
>>>>>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>>>>>believed the request for a gift was an "extortion or a demand." The
>>>>>>>argument has no merit; any form of request is prohibited.
>>>>>>>Barred conduct also includes "knowingly associating" with members of
>>>>>>>an organized crime family such as the LCN, and knowingly allowing an
>>>>>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>>>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>>>>>union member knew the person with whom he or she was associating was a
>>>>>>>member or associate of the LCN; (2) the association related directly
>>>>>>>or indirectly to the affairs of the union; and (3) the association was
>>>>>>>more than fleeting or casual. Id.
>>>>>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>>>>>Administrator's determination that "'knowing association' can be
>>>>>>>inferred from the duration and quality of the association." 745
>>>>>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>>>>>he was associating were members of organized crime. The individuals
>>>>>>>with whom Wasserman dealt were identified as well known members of
>>>>>>>organized crime families by three former organized crime members. The
>>>>>>>association was not fleeting or casual. Wasserman attended meetings
>>>>>>>with contractors accompanied by James DiModica, a known associate of
>>>>>>>organized crime, whose presence was not related to the ordinary course
>>>>>>>of union business. Wasserman took James DiModica along for his
>>>>>>>intimidation factor. Wasserman had to have known James DiModica was
>>>>>>>associated with organized crime; there was no other reason for
>>>>>>>DiModica to accompany him. A similar conclusion was reached by the
>>>>>>>Independent Administrator in Cimino where the Independent
>>>>>>>Administrator found that Cimino had to have known of Nicodemo
>>>>>>>Scarfo's Philadelphia organized crime ties during their association
>>>>>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>>>>>use Cimino and the local union to "further his La Cosa Nostra
>>>>>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>>>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>>>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>>>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>>>>>obviously an illegal joint venture to extort union contractors with
>>>>>>>the approval of the Gambino family.
>>>>>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>>>>>part time no-show shop steward and argued that being a no-show shop
>>>>>>>steward is evidence of being associated with organized crime. I do
>>>>>>>not find this evidence to be probative of Wasserman's organized crime
>>>>>>>association.
>>>>>>>Obstruction
>>>>>>>Charge IX:
>>>>>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>>>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>>>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>>>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>>>>>terminating the interview, and thereby obstructing and interfering
>>>>>>>with an investigation being conducted by the LIUNA Inspector General's
>>>>>>>Office.
>>>>>>>Findings of Fact
>>>>>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>>>>>residence in Union, New Jersey. Tr. 61, 64.
>>>>>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>>>>>second time at the VHR job site at the Newark Airport to obtain the
>>>>>>>additional information about James DiModica. Tr. 64.
>>>>>>>77. They met Wasserman as he came out of the security area. The
>>>>>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>>>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>>>>>parking lot area and the IG Inspectors agreed. Id.
>>>>>>>78. The IG Inspectors told Wasserman they needed more information
>>>>>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>>>>>with them and stated he was very concerned that someone had broken
>>>>>>>into his house three days after the May 1996 interview with the IG
>>>>>>>Inspectors. Tr. 66.
>>>>>>>79. Wasserman refused to reply to questions about James DiModica
>>>>>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>>>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>>>>>left the building. Id.
>>>>>>>80. Outside the building, IG Inspectors again requested that
>>>>>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>>>>>66-67.
>>>>>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>>>>>interview, and thereby obstructed the IG investigation.
>>>>>>>CHARGE X
>>>>>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>>>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>>>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>>>>>testifying that he had been elected by the general membership to be
>>>>>>>the Business Agent for Local 342 despite knowing that the general
>>>>>>>membership did not elect him and that he instead was appointed to the
>>>>>>>position.
>>>>>>>82. I find the fact that Wasserman's statements that he was
>>>>>>>elected rather than having been appointed, was not a material fact and
>>>>>>>was not in violation of the EPC.
>>>>>>>CHARGES XI-IV
>>>>>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>>>>>testified at his deposition, that he never demanded a Christmas gift
>>>>>>
>>>>>>>from a contractor, that he never demanded things of value from a
>>>>>>
>>>>>>>contractor in exchange for labor peace, that he never attempted to
>>>>>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>>>>>or approached contractors with James DiModica. The preponderance of
>>>>>>>the evidence proves that Wasserman did perform all of these acts and
>>>>>>>when he was asked about them under oath he denied his participation.
>>>>>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>>>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>>>>>July 8, 1997 deposition that he never knowingly associated with
>>>>>>>members or associates of organized crime. See GEB Ex. 1. The
>>>>>>>preponderance of the evidence shows he gave false testimony when he
>>>>>>>was asked about his connections with organized crime and he denied
>>>>>>>them.
>>>>>>>Conclusions
>>>>>>>1. During the period of time alleged in the charges, Local 342
>>>>>>>was dominated by members or associates of the Gambino crime family.
>>>>>>>2. There is a preponderance of the evidence that Wasserman
>>>>>>>committed barred conduct by requesting money from VHR Construction in
>>>>>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>>3. There is a preponderance of the evidence that Wasserman
>>>>>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>>>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>>4. There is a preponderance of the evidence that Wasserman
>>>>>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>>>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>>>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>>>>>5. There is a preponderance of the evidence that Wasserman
>>>>>>>committed barred conduct by demanding money in exchange for labor
>>>>>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>>>>>and the EPC.
>>>>>>>6. There is a preponderance of the evidence that Wasserman
>>>>>>>committed barred conduct by offering to allow E & S Construction to
>>>>>>>pay LIUNA members less than union-scale wages and benefits in
>>>>>>>violation of 186 ' (b)(1) and the EPC.
>>>>>>>7. There is a preponderance of the evidence that Vincent
>>>>>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>>>>>is an associate of the Gambino family.
>>>>>>>8. There is a preponderance of the evidence that Wasserman
>>>>>>>knowingly associated with members of organized crime, thereby
>>>>>>>committing barred conduct under the EDP.
>>>>>>>9. The evidence clearly demonstrates that Wasserman's
>>>>>>>associations with organized crime directly affected the affairs of the
>>>>>>>union. Wasserman took a known LCN associate on his visits to
>>>>>>>contractors and demanded payments in exchange for labor peace and
>>>>>>>permission to use either non-union labor or non-union scale wages and
>>>>>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>>>>>to extort contractors.
>>>>>>>10. There is preponderance of the evidence that Wasserman
>>>>>>>committed barred conduct by giving false testimony at his deposition
>>>>>>>when questioned about his association with organized crime and his
>>>>>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>>>>>Construction.
>>>>>>>11. Wasserman's statement that he was elected to be a Business
>>>>>>>Agent of Local 342, rather than appointed was not a material
>>>>>>>misstatement and did not obstruct the GEB Attorney.
>>>>>>>Decision
>>>>>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>>>>>the evidence. Charge X has not been proved by a preponderance of the
>>>>>>>evidence.
>>>>>>>Penalty
>>>>>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>>>>>permanently barred from holding an office in or being employed by
>>>>>>>Local 342 or from being an officer or being employed by any LIUNA
>>>>>>>affiliated entity or fund.
>>>>>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>>>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>>>>>10 days of the date this Order.
>>>>>>>Peter F. Vaira
>>>>>>>INDEPENDENT HEARING OFFICER
>>>>>>>
>>>>>>>
>>>>>>>--------------------------------------------------------------------------------
>>>>>>>
>>>>>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>>>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>>>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>>>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>>>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>>>>>17, 1998).
>>>>>>>
>>>>>>>
>>>>>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>>>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>>>>>More information. April 3, 2001, Tuesday
>>>>>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>>>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>>>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>>>>>restaurants and pizza parlors in New York City and surrounding area;
>>>>>>>various reasons cited"
>>>>>>>
>>>>>>>Hillary Clinton has long masqueraded as a champion of women's
>>>>>>>rights, yet the
>>>>>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>>>>>helping the
>>>>>>>rights of women, actually harmed women.
>>>>>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>>>>>...the West has helped to create the demand, by stationing tens of
>>>>>>>thousands of
>>>>>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>>>>>soldiers and
>>>>>>>international workers, but their presence has greatly fuelled the
>>>>>>>demand for
>>>>>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>>>>>which picked up
>>>>>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>>>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>>>>>increased
>>>>>>>since the Kosovo war. Finally, the West has helped to create the
>>>>>>>link between
>>>>>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>>>>>Albanian
>>>>>>>Mafia which now controls this market. The fact that there is so
>>>>>>>much reporting
>>>>>>>now on the matter of sex slaves may be an indication that the powers
>>>>>>>that be in
>>>>>>>the West are beginning to ditch those whom they portrayed during the
>>>>>>>spring of
>>>>>>>1999 as passive and innocent victims....
>>>>>>>
>>>>>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>>>>>and that a
>>>>>>>very large number of prostitutes there are effectively slaves.
>>>>>>>Although not all
>>>>>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>>>>>Albania - it
>>>>>>>has been affirmed by one of the leading authorities on prostitution
>>>>>>>that they
>>>>>>>are kept in captivity. "All the women currently on the streets (of
>>>>>>>Italy) are
>>>>>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>>>>>Romanians and the
>>>>>>>women from Eastern European countries all have their passports taken
>>>>>>>away by
>>>>>>>their pimps. There is not one metre of street in which prostitution
>>>>>>>is not
>>>>>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>>>>>Verona who
>>>>>>>has founded a charity which works with prostitutes. Benzi goes
>>>>>>>on, "The
>>>>>>>Albanians operate in family clans, in `joint ventures' with the
>>>>>>>Mafia in Eastern
>>>>>>>Europe and Italy. No new pimp can start operating in Italy without
>>>>>>>paying a
>>>>>>>percentage to the person who already controls the territory. Any
>>>>>>>mistakes are
>>>>>>>punished by death. For the Albanians, vendetta is second nature:
>>>>>>>the concept
>>>>>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>>>>>Association of the Community of Pope John XXIII, 48% of the
>>>>>>>prostitutes in Italy
>>>>>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>>>>>old); and 26%
>>>>>>>have been kidnapped and taken from their countries of origin by
>>>>>>>force.[8]
>>>>>>>source:
>>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>>Hillary Clinton has also masqueraded as someone concerned about
>>>>>>>Children's
>>>>>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>>>>>Clinton
>>>>>>>actually harmed children too.
>>>>>>>"Sexual exploitation of children
>>>>>>>An especially appalling aspect of the trade in human beings is the
>>>>>>>sexual
>>>>>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>>>>>Petersel,
>>>>>>>the Director of Save the Children in Moldova, whose organisation has
>>>>>>>started to
>>>>>>>house and rehabilitate young women and girls who have been forced
>>>>>>>into sex
>>>>>>>slavery. The youngest victim with which they have dealt was nine
>>>>>>>years old.
>>>>>>>260 victims of sex slavery have been housed and helped by Save the
>>>>>>>Children
>>>>>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>>>>>Albania,
>>>>>>>Macedonia, Italy, and Greece.
>>>>>>>References for further reading:
>>>>>>>Trafficking in Migrants,
>>>>>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>>>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>>>>>Milan, May
>>>>>>>1999
>>>>>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>>>>>Paoline
>>>>>>>Editoriale Libri, 1999
>>>>>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>>>>>liberazione del
>>>>>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>>>>>Editrice, Rome,
>>>>>>>2000.
>>>>>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>>>>>18th April
>>>>>>>2000
>>>>>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>>>>>Moldova,
>>>>>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>>>>>Parliament.
>>>>>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>>>>>Monde, 1st
>>>>>>>December 2000
>>>>>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>>>>>Albanian Daily
>>>>>>>News, 5th October 2000
>>>>>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>>>>>1st July 1999
>>>>>>>[6] Ibid.
>>>>>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>>>>>http://www.mess-s-
>>>>>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>>>>>itute.htm
>>>>>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>>>>>della
>>>>>>>prostituzione,
>>>>>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>>>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>>>>>recently
>>>>>>>attacked the Mafia activities of the Montengrin president, Milo
>>>>>>>Djukanović.
>>>>>>>See La Repubblica, 12th January 2001
>>>>>>>source:
>>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>>>>>Italy's sexual slave trade
>>>>>>>
>>>>>>>
>>>>>>>Many prostitutes in Italy come from Albania
>>>>>>>In the first of two special reports, the BBC's Brian Barron
>>>>>>>investigates Italy's
>>>>>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>>>>>the
>>>>>>>business.
>>>>>>>It is estimated that there could be more than 40,000 foreign
>>>>>>>prostitutes on the
>>>>>>>streets of Italy - and the numbers are increasing.
>>>>>>>The streetwalkers venture out every night after 10, on the edge of
>>>>>>>big cities
>>>>>>>like Rome.
>>>>>>>Each trip was awful but that was my choice. If I returned to
>>>>>>>Albania I was
>>>>>>>dead.
>>>>>>>Prostitute
>>>>>>>In the Eor district, they are Albanian or from other former
>>>>>>>communist countries.
>>>>>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>>>>>travelled to
>>>>>>>Italy through their own efforts.
>>>>>>>One streetwalker whose identity must be kept secret recalls her
>>>>>>>particular
>>>>>>>journey.
>>>>>>>"I came by boat," she says.
>>>>>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>>>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>>>>>people with
>>>>>>>my own eyes."
>>>>>>>"Each trip was awful but that was my choice. If I returned to
>>>>>>>Albania I was
>>>>>>>dead."
>>>>>>>"Dead or alive - this was my only choice."
>>>>>>>Tarantelli: Women are held in slavery
>>>>>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>>>>>are slaves.
>>>>>>>"They are brought here," she says.
>>>>>>>"Their passports are destroyed often, usually as a matter of fact
>>>>>>>they are
>>>>>>>tortured to break their wills."
>>>>>>>"They're moved around from place to place so they don't know where
>>>>>>>they are.
>>>>>>>They don't speak the language."
>>>>>>>"They're terrified and they can't escape. They're held in slavery."
>>>>>>>Poverty
>>>>>>>
>>>>>>>For many of the girls, the journey began in their Albanian homeland.
>>>>>>>In Durres, most people are out of work, surviving on remittances
>>>>>>
>>>>>>>from relatives
>>>>>>
>>>>>>>abroad, like the girls on the streets of Italy.
>>>>>>>In its poverty and human desperation it is typical of countless
>>>>>>>Albanian
>>>>>>>communities.
>>>>>>>Once Albania was an all-powerful communist police state. It is now a
>>>>>>>country
>>>>>>>beyond the rule of law.
>>>>>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>>>>>difficult time
>>>>>>>stamping out the smuggling of young girls.
>>>>>>>Durres: Lawlessness and poverty prevail
>>>>>>>"We have had some success against traffickers in prostitutes," he
>>>>>>>says.
>>>>>>>"We've arrested at least three. But a big problem is what to do with
>>>>>>>the girls
>>>>>>>caught up in the system, especially if they come from outside
>>>>>>>Albania."
>>>>>>>"The fact is we do not have any organisation for helping them."
>>>>>>>"At times we've had to keep the girls in prison because there's
>>>>>>>nowhere for them
>>>>>>>to go."
>>>>>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>>>>>of the
>>>>>>>Albanian mafia being intercepted by Italian security forces.
>>>>>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>>>>>It was trying to land a batch of illegal immigrants on Italy's
>>>>>>>Adriatic coast.
>>>>>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>>>>>60 miles an
>>>>>>>hour, evaded the helicopters and ships trying to encircle them.
>>>>>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>>>>>Catholic
>>>>>>>charity, has launched another kind of assault on the Albanian mafia.
>>>>>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>>>>>witness protection
>>>>>>>programme for former prostitutes from Albania and Eastern Europe.
>>>>>>>Hope for some of the women in the witness protection programme
>>>>>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>>>>>he says.
>>>>>>>"It's not an easy decision to make. So these girls must have the
>>>>>>>courage to do
>>>>>>>it.
>>>>>>>"To cut all ties with the past. By pointing the finger at those who
>>>>>>>abuse them
>>>>>>>there is the chance that some of the guilty will be brought to
>>>>>>>justice."
>>>>>>>Eighty girls have collaborated. They have been rewarded with the
>>>>>>>right to remain
>>>>>>>in Italy and, when necessary, new identities.
>>>>>>>However, 500 declined because they were afraid of the godfathers.
>>>>>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>>>>>Pellegrino
>>>>>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>>>>>Was Johnny
>>>>>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>>>>>know please
>>>>>>>post your materials and sources for them.
>>>>>>>
>>>>>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>>>>>20th, 1940.
>>>>>>>
>>>>>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>>>>>
>>>>>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>>>>>the
>>>>>>>imagination. DioGuardi specialized, among other things, in
>>>>>>>victimizing Jews.
>>>>>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>>>>>less
>>>>>>>directly, as they became unwitting customers. The article below
>>>>>>>notes that "A
>>>>>>>salesman for the company testified in 1969 that often the meat they
>>>>>>>delivered to
>>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>>atrocity to
>>>>>>>perpetrate on our customers."
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>>>>>Queens, New
>>>>>>>York, listening to a tape recording of the conversations coming out
>>>>>>>of a bug-a
>>>>>>>tiny wireless microphone and radio transmitter hidden in the office
>>>>>>>of Norman
>>>>>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>>>>>to evidence
>>>>>>>that illustrated with chilling clarity that the Mafia controlled an
>>>>>>>industry
>>>>>>>that robbed the public of more than just its money. It was also
>>>>>>>stealing its
>>>>>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>>>>>kept
>>>>>>>cropping up. The cops knew who he was.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>>>>>viscous snarl
>>>>>>>as he slugged a United Press photographer outside a Senate committee
>>>>>>>hearing
>>>>>>>room, appeared on front pages of newspapers all over the country,
>>>>>>>because it so
>>>>>>>perfectly matched the average person's preconception of what a Mafia
>>>>>>>thug should
>>>>>>>look like.
>>>>>>>
>>>>>>>
>>>>>>>As the police developed their investigation into the Merkel Meat
>>>>>>>Company and the
>>>>>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>>>>>that the
>>>>>>>Lucchese crime family was earning big money from its involvement in
>>>>>>>the movement
>>>>>>>of substandard and, at times actually rotten meat, that was being
>>>>>>>sold into the
>>>>>>>retail marketplace.
>>>>>>>
>>>>>>>
>>>>>>>Dioguardi was a master fixer and controller of locals and unions
>>>>>>>and, through
>>>>>>>this influence, was able to manipulate opportunities for himself and
>>>>>>>the
>>>>>>>Lucchese family in a wide range of areas.
>>>>>>>
>>>>>>>
>>>>>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>>>>>one
>>>>>>>particular company that showed his ability to corrupt and control.
>>>>>>>
>>>>>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>>>>>salary of $250
>>>>>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>>>>>taken over
>>>>>>>control of the business. He used this company as a vehicle to gain
>>>>>>>control of
>>>>>>>the low price kosher meat business. Essentially his method was to
>>>>>>>take over an
>>>>>>>organization, buy in supplies and create an extended line of credit,
>>>>>>>never pay
>>>>>>>his debtors, and when the business went bust, move on to the next
>>>>>>>one.A salesman
>>>>>>>for the company testified in 1969 that often the meat they delivered
>>>>>>>to
>>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>>atrocity to
>>>>>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>>>>>went
>>>>>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>>>>>another
>>>>>>>company called Tel Aviv. That company also went belly-up in due
>>>>>>>course and he
>>>>>>>then set up a firm called First National Kosher Provisions. And so
>>>>>>>it went on.
>>>>>>>Eventually the law caught up with him and he was indicted, and in
>>>>>>>1967 was
>>>>>>>sentenced to five years in prison and fined $10,000. By this time,
>>>>>>>Dioguardi had
>>>>>>>been connected to the Lucchese family for over thirty years.
>>>>>>>Johnny Dio under arrest(AP)
>>>>>>>
>>>>>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>>>>>on Forsythe
>>>>>>>Street in Little Italy where his father Dominick owned a bicycle
>>>>>>>shop there. By
>>>>>>>1930, he was already at age fifteen an apprentice young hood. After
>>>>>>>a year and a
>>>>>>>half at Stuyvesant High School, he left to begin work. Through the
>>>>>>>influence of
>>>>>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>>>>>and upcoming
>>>>>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>>>>>extortionist
>>>>>>>working the Garment Center. He was also, as legend has it, one of
>>>>>>>the gangsters involved in the so called "Murder Inc." group
>>>>>>>that worked
>>>>>>>out of Brownsville, East New York, in the 1930's carrying out
>>>>>>>murders....Darkly handsome-so dark that he
>>>>>>>was called
>>>>>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>>>>>pleasant smile,
>>>>>>>well dressed, well barbered and well manicured, he was always
>>>>>>>careful to give
>>>>>>>the appearance of an urbane and successful businessman.In 1935,
>>>>>>>Thomas Dewey,
>>>>>>>the crusading New York DA, listed Dioguardi as among the most
>>>>>>>dangerous hoods in
>>>>>>>the city. And all this before he was twenty-one years old! In 1937
>>>>>>>he got a
>>>>>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>>>>>his uncle
>>>>>>>and several other mobsters for extortion and assault. They had been
>>>>>>>extracting
>>>>>>>$5000 from every trucker in the garment district, plus demanding a
>>>>>>>premium on
>>>>>>>every suit and coat made in the area.In 1944, he was indicted for
>>>>>>>operating an
>>>>>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>>>>>and convicted
>>>>>>>for failure to pay state income tax in connection with his continued
>>>>>>>shakedown
>>>>>>>of operators in the garment district. For that, he got sixty days.In
>>>>>>>November
>>>>>>>1957, he went on trial with some Teamster officials for shaking down
>>>>>>>owners of
>>>>>>>stationery stores. After a four week trial, he was convicted and
>>>>>>>sentenced to
>>>>>>>two years in jail.By the time he was forty, he was a "made man" in
>>>>>>>the Gagliano
>>>>>>>family which was now referred to as the Lucchese family, operating
>>>>>>>as a capo, or
>>>>>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>>>>>in the family
>>>>>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>>>>>a member of
>>>>>>>organized crime, generating in excess of $100,000 each week. He was
>>>>>>>so rich, his
>>>>>>>standard Christmas present to his wife was a shoe box stuffed with
>>>>>>>$50,000 and a
>>>>>>>sweet little note such as " buy yourself some nice clothes,
>>>>>>>honey."He lived in
>>>>>>>great style, wining and dining at the best hotels and restaurants in
>>>>>>>town, but
>>>>>>>always reserved Sundays to meet with family and friends, and prepare
>>>>>>>lunch or
>>>>>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>>>>>an
>>>>>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>>>>>home in
>>>>>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>>>>>for $75,000
>>>>>>>in the early 1960's. His legitimate business fronts which
>>>>>>>contributed to his
>>>>>>>significant tax returns each year, included many highly profitable
>>>>>>>clothing
>>>>>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>>>>>which sold
>>>>>>>promotional items to commercial establishments. One of their major
>>>>>>>customers was
>>>>>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>>>>>legendary in the
>>>>>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>>>>>to Los
>>>>>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>>>>>Mafia
>>>>>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>>>>>labour from
>>>>>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>>>>>every important
>>>>>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>>>>>Senate
>>>>>>>investigations named Dioguardi as one of the masterminds that
>>>>>>>manipulated the
>>>>>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>>>>>airport that
>>>>>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>>>>>to become
>>>>>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>>>>>friend,
>>>>>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>>>>>the New York
>>>>>>>area locals supported Hoffa, and this was necessary to swing enough
>>>>>>>voters to
>>>>>>>support his control of the mid western region, secured through the
>>>>>>>Chicago Mob's
>>>>>>>help. The solution was to create more locals: enough to establish a
>>>>>>>majority.
>>>>>>>This was done by setting up "paper" locals-locals with few if any
>>>>>>>members-that
>>>>>>>could swing the balance in the New York voting.Dioguardi engineered
>>>>>>>the creation
>>>>>>>of seven new Teamster unions. The extra supply of delegates from
>>>>>>>these
>>>>>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>>>>>convention.
>>>>>>>These seven locals were basically sham fronts, composed not of
>>>>>>>working people,
>>>>>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>>>>>nomination.With hindsight
>>>>>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>>>>>Department,
>>>>>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>>>>>imprisonment
>>>>>>>in 1967, release in 1971 and the events that led up to the fateful
>>>>>>>rendezvous on
>>>>>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>>>>>went there to
>>>>>>>meet up with three men. It was a rendezvous from which he never
>>>>>>>returned,
>>>>>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>>>>>Briguglio, a
>>>>>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>>>>>testator who
>>>>>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>>>>>undoubtedly one of the
>>>>>>>most powerful members of the Lucchese crime family. His influence
>>>>>>>was felt in
>>>>>>>many areas, particularly those relating to labor. He is remembered
>>>>>>>however, more
>>>>>>>than anything, for one especially terrible act.In the early hours of
>>>>>>>Thursday
>>>>>>>April 5th, 1956, a nationally known newspaper columnist and
>>>>>>>commentator on labor
>>>>>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>>>>>41-year-old
>>>>>>>Riesel was a crusading journalist, specializing in investigating
>>>>>>>union
>>>>>>>corruption and Mob-influenced officials. Writing for the Daily
>>>>>>>Mirror, his
>>>>>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>>>>>two workers
>>>>>>
>>>>>>>from Local 138 of the International Operating Engineers Union out of
>>>>>>
>>>>>>>Long
>>>>>>>Island. Run by father and son both called William DeKoning, they and
>>>>>>>their local
>>>>>>>were involved in shaking down contractors and were under
>>>>>>>investigation by
>>>>>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>>>>>secretary, Betty
>>>>>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>>>>>late
>>>>>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>>>>>approached them and
>>>>>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>>>>>Hospital,
>>>>>>>surgeons were unable to save his eyesight.
>>>>>>>Victor Reisel
>>>>>>>A federal investigation established the attacker was a twenty-two-
>>>>>>>year-old hood
>>>>>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>>>>>Carlino and
>>>>>>>paid $1,175 to do the job. The money had apparently been put up by
>>>>>>>Dioguardi. As
>>>>>>>publicity mounted, Tevi became convinced that he had been grossly
>>>>>>>underpaid to
>>>>>>>carry out a piece of work on such an important person and demanded
>>>>>>>$50,000. What
>>>>>>>he got instead was two bullets in the head, and his body was found
>>>>>>>on July 28th,
>>>>>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>>>>>Although some
>>>>>>>people were tried and convicted of the attack on Reisel, the two
>>>>>>>prime witnesses
>>>>>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>>>>>and all
>>>>>>>charges against Johnny Dio were dropped in May, 1957.
>>>>>>>The assault on Victor Reisel brought a lot of pressure down on
>>>>>>>Johnny Dio. The
>>>>>>>very action that was aimed at removing a source of irritation,
>>>>>>>resulted in far
>>>>>>>more damage to his activities that could possibly have occurred had
>>>>>>>the assault
>>>>>>>not taken place.Despite all the other criminal acts that he was
>>>>>>>involved in or
>>>>>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>>>>>Victor
>>>>>>>Reisel." That reputation more than anything else guaranteed that the
>>>>>>>police, FBI
>>>>>>>and the media would never stop hounding him, and as a result, he
>>>>>>>would
>>>>>>>eventually spend the rest of his prime years in prison for other
>>>>>>>crimes he
>>>>>>>committed.Dioguardi always on the lookout for new rackets,
>>>>>>>discovered the boom
>>>>>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>>>>>acquired
>>>>>>
>>>>>>>from a failing company for little or no money; the market would be
>>>>>>
>>>>>>>rigged in the
>>>>>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>>>>>then the
>>>>>>>shares would be sold at vastly inflated prices-leaving the investors
>>>>>>>to hold the
>>>>>>>bag when the fraud was eventually exposed. However fate and the law
>>>>>>>finally
>>>>>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>>>>>boss in the
>>>>>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>>>>>charges
>>>>>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>>>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>>>>>1973, and
>>>>>>>sentenced to a further prison sentence, concurrent to the one he was
>>>>>>>already
>>>>>>>serving at Danbury Prison in connection with one of his kosher meat
>>>>>>>company
>>>>>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>>>>>the same
>>>>>>>year.
>>>>>>>Johnny Dio going to prison one last time
>>>>>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>>>>>started young
>>>>>>>at fifteen and had a perfect introduction into the world of crime
>>>>>>>through the
>>>>>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>>>>>and polish
>>>>>>>in an enviable mixture. He made the right kind of connections from
>>>>>>>an early age.
>>>>>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>>>>>these
>>>>>>>contacts throughout his career as a means of levering his scams and
>>>>>>>extortion's
>>>>>>>into huge, money-spinning ventures for himself and his crime family.
>>>>>>>Like many
>>>>>>>criminals, he obviously had the brains and ability to have succeeded
>>>>>>>in
>>>>>>>legitimate business, had he been that way inclined. The highest
>>>>>>>earners in the
>>>>>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>>>>>lowest soldiers
>>>>>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>>>>>of their
>>>>>>>scheming and scamming.
>>>>>>>When he died in a Pennsylvania prison hospital, his passing
>>>>>>>attracted no
>>>>>>>newspaper attention. All his wealth and power and almost fifty years
>>>>>>>of criminal
>>>>>>>depravity seemed to count for nothing at all. It was as though he
>>>>>>>had never
>>>>>>>existed."
>>>>>>>source:
>>>>>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>>>>>
>>>>>>>2.html
>>>>>>>
>>>>>>>
>>>>>>>"February 2001In The Money: Congressman James Traficant And His
>>>>>>>Campaign
>>>>>>>ContributorsBy James Ridgway de Szigethy
>>>>>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>>>>>corrupted labor
>>>>>>>Unions and Middle Eastern political operatives are among those who
>>>>>>>have
>>>>>>>contributed to the past two re-election campaigns of Congressman
>>>>>>>James
>>>>>>>Traficant, an analysis of Federal Election Commission records
>>>>>>>reveals. These
>>>>>>>records, which are required filings under Federal Election law,
>>>>>>>reveal 219
>>>>>>>donations by individuals and 212 donations by Unions and Political
>>>>>>>Action
>>>>>>>Committees. 47 of the personal contributions came from outside the
>>>>>>>State of
>>>>>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>>>>>individuals that
>>>>>>>indicate a Middle Eastern background of the contributor. Among
>>>>>>>the
>>>>>>>contributors whose names would probably be recognized by most
>>>>>>>Youngstown
>>>>>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>>>>>Russell
>>>>>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>>>>>and Gerald
>>>>>>>Bostocky. Among the contributors whose names would probably NOT
>>>>>>>be
>>>>>>>recognized by most Youngstown residents are Virginia residents Ali
>>>>>>>Asghar
>>>>>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>>>>>Javad
>>>>>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>>>>>Georgia
>>>>>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>>>>>Hessein
>>>>>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>>>>>Mahmoud
>>>>>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>>>>>a former
>>>>>>>investigator for the District Attorney's office in Youngstown, was
>>>>>>>indicted last
>>>>>>>December on charges he bribed Judges to fix Court cases. Ed
>>>>>>>Flask accepted
>>>>>>>a plea bargain last year in which he pleaded guilty to felony
>>>>>>>charges in regards
>>>>>>>to his rip-off of nearly $2 million while running the public water
>>>>>>>utility in
>>>>>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>>>>>bribery trial
>>>>>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>>>>>Mafia
>>>>>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>>>>>Traficant
>>>>>>>bragging about how he laundered through Flask's law office part of
>>>>>>>the $163,000
>>>>>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>>>>>that
>>>>>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>>>>>Flask which
>>>>>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>>>>>and murdered.
>>>>>>>B & T Express employee Sam Traficanti was present during some of the
>>>>>>>secret tape
>>>>>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>>>>>Traficant,
>>>>>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>>>>>Express also
>>>>>>>donated to Traficant's campaign records show. Traficanti is not
>>>>>>>related to
>>>>>>>Congressman Traficant. Last September, the Congressman's employee
>>>>>>>Anthony
>>>>>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>>>>>Cleveland.
>>>>>>>Congressman Traficant has also received campaign contributions from
>>>>>>>Youngstown
>>>>>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>>>>>has entered
>>>>>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>>>>>Terlecky, a
>>>>>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>>>>>bribes from
>>>>>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>>>>>same
>>>>>>>authorities that are now involved in the investigation of
>>>>>>>Congressman Traficant,
>>>>>>>including two public figures who attended an anti-Mafia summit
>>>>>>>meeting recently
>>>>>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>>>>>chairman of the
>>>>>>>Mahoning County Board of Elections who is seeking information the
>>>>>>>Congressman
>>>>>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>>>>>officials in
>>>>>>>Youngstown. Terlecky also claims that it was he who found the
>>>>>>>infamous
>>>>>>>Carabbia tapes months before the FBI during an illegal search and
>>>>>>>seizure
>>>>>>>regarding an investigation into the murder of yet another Youngstown
>>>>>>>Mafia
>>>>>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>>>>>that include
>>>>>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>>>>>recorded
>>>>>>>months later than Terlecky's claims, when Traficant had just been
>>>>>>>elected
>>>>>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>>>>>agent in
>>>>>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>>>>>1962. During
>>>>>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>>>>>fireworks
>>>>>>>distributor Bruce Zoldan testified that Chance shook him down
>>>>>>>for `tribute
>>>>>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>>>>>in with
>>>>>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>>>>>raided Zoldan's
>>>>>>>fireworks business two days before their busiest moneymaking period,
>>>>>>>the Fourth
>>>>>>>of July. Zoldan would also testify that the Gambino Family led by
>>>>>>>John Gotti
>>>>>>>extorted a huge sum of money from him in order to do business in New
>>>>>>>York. The
>>>>>>>murder of Mafia figure Joey Naples, who was among those who
>>>>>>>contributed to the
>>>>>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>>>>>for control
>>>>>>>of the fireworks business. David Sugar pleaded guilty last year
>>>>>>>to
>>>>>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>>>>>evidence
>>>>>>
>>>>>>>from the Grand Jury in Cleveland investigating financial dealings
>>>>>>
>>>>>>>between Sugar,
>>>>>>>his construction company, and Congressman Traficant. Sugar is
>>>>>>>expected to
>>>>>>>testify against Traficant at any future criminal proceedings, as is
>>>>>>>Traficant's
>>>>>>>former employee on his horse farm, Clarence Broad. In November of
>>>>>>>last year,
>>>>>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>>>>>a woman who
>>>>>>>was expected to give damaging testimony against Traficant before the
>>>>>>>Grand Jury
>>>>>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>>>>>those who have
>>>>>>>given money to Traficant's campaign, responded by alleging in
>>>>>>>Federal Court that
>>>>>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>>>>>guilty. Judge
>>>>>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>>>>>claims and
>>>>>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>>>>>2000
>>>>>>>Traficant accepted donations from controversial activist James
>>>>>>>Zogby, President
>>>>>>>of the Arab American Institute. Zogby was recently in the news last
>>>>>>>October,
>>>>>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>>>>>outrage
>>>>>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>>>>>terrorism expert
>>>>>>>Steven Emerson: "Zogby has not only made comments that are
>>>>>>>incendiary but he has
>>>>>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>>>>>supported the
>>>>>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>>>>>bombing of
>>>>>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>>>>>December, 1988,
>>>>>>>killing 270 people, including 35 Syracuse University students.
>>>>>>>On June 29,
>>>>>>>1993, Senator John McCain entered into the Congressional Record a
>>>>>>>public
>>>>>>>challenge to the FBI and the Justice Department to share information
>>>>>>>on the
>>>>>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>>>>>organization that
>>>>>>>was involved in a clandestine effort to influence public policy
>>>>>>>through an
>>>>>>>organized campaign of directing contributions to the campaigns of
>>>>>>>selected
>>>>>>>members of Congress. Said the Senator: "Given the charges made in a
>>>>>>>previous FBI
>>>>>>>report that the PMOI has a history of terrorism, an anti-Western
>>>>>>>ideology, and
>>>>>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>>>>>concern to all
>>>>>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>>>>>East Data
>>>>>>>Project, identified four members of Congress as recipients of
>>>>>>>campaign donations
>>>>>>
>>>>>>>from alleged associates of the PMOI. Those four were Robert
>>>>>>
>>>>>>>Torricelli of New
>>>>>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>>>>>Traficant of
>>>>>>>Ohio. To date, none of these individuals have been charged with
>>>>>>>making illegal
>>>>>>>campaign contributions. However, Senator Torricelli is currently in
>>>>>>>the news
>>>>>>>defending himself against a Chinese fundraiser named David Chang,
>>>>>>>who has
>>>>>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>>>>>1996 campaign.
>>>>>>>Numerous recent Media reports show that the Feds are now nearing the
>>>>>>>conclusion
>>>>>>>of an investigation that began with reports of impropriety regarding
>>>>>>>contributions to Torricelli's 1996 campaign. Congressman
>>>>>>>Traficant has
>>>>>>>developed a huge following in the Arab and Muslim countries in the
>>>>>>>Middle East
>>>>>>>because of his passionate public support for accused terrorists
>>>>>>>Abdel Basset Ali
>>>>>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>>>>>bombing of Pan Am
>>>>>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>>>>>trial in
>>>>>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>>>>>camp guard
>>>>>>>responsible for the murders of thousands of Jews during World War
>>>>>>>II. Demjanjuk
>>>>>>>was convicted and sentenced to death, although the Israeli Supreme
>>>>>>>Court later
>>>>>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>>>>>to personally
>>>>>>>escort the accused murderer back to the United States. In the
>>>>>>>case of the
>>>>>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>>>>>in this
>>>>>>>matter at a press conference in 1989, at which he claimed that the
>>>>>>>bombing was
>>>>>>>the result of a joint Syrian/CIA operation. ABC News London
>>>>>>>correspondent Pierre
>>>>>>>Salinger then picked up the story, utilizing Traficant, government
>>>>>>>informant
>>>>>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>>>>>Coleman
>>>>>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>>>>>story was a
>>>>>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>>>>>fraud
>>>>>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>>>>>Aviv's
>>>>>>>indictment Congressman Traficant found a replacement in Boris de
>>>>>>>Korczak as his
>>>>>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>>>>>is best known
>>>>>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>>>>>he had been
>>>>>>>recruited by the CIA as a double agent against the KGB, that
>>>>>>>his `cover' had
>>>>>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>>>>>with the
>>>>>>>KGB during a car chase through the streets of Copenhagen, and that
>>>>>>>his CIA case
>>>>>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>>>>>$300,000 in
>>>>>>>exchange for the promise of help in obtaining the pension he claimed
>>>>>>>was owed
>>>>>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>>>>>kidney 4
>>>>>>>months later by an unknown assailant armed with a pellet gun. The
>>>>>>>CIA denied
>>>>>>>Boris' claims he was owed monetary compensation and also denied any
>>>>>>>of its
>>>>>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>>>>>and the
>>>>>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>>>>>and his
>>>>>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>>>>>Al-Megrahi
>>>>>>>was recently convicted as the terrorist who planted the bomb that
>>>>>>>destroyed Pan
>>>>>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>>>>>addition to
>>>>>>>receiving campaign money from convicted Mafia figures and Middle
>>>>>>>Eastern
>>>>>>>political operatives, FEC documents also detail contributions made
>>>>>>>to
>>>>>>>Traficant's campaign from Unions that have been involved in
>>>>>>>corruption scandals
>>>>>>>in recent years. Those Unions include the American Federation of
>>>>>>>State, County,
>>>>>>>& Municipal Employees, the Communications Workers of America, the
>>>>>>>Transport
>>>>>>>Workers Union, and the UFCW. Traficant has also received
>>>>>>>donations from the
>>>>>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>>>>>President
>>>>>>>campaign, and the National Education Association Fund for Children
>>>>>>>and Public
>>>>>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>>>>>Association of
>>>>>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>>>>>degree to
>>>>>>>have ever beaten a Federal racketeering trial by acting as his own
>>>>>>>attorney.
>>>>>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>>>>>confession
>>>>>>>after agents played for him excerpts from the Carabbia tapes.
>>>>>>>Traficant then
>>>>>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>>>>>Flask's
>>>>>>>partner, who is today the President of the Cleveland Browns
>>>>>>>professional
>>>>>>>football team. However, after Traficant went public with charges
>>>>>>>that just about
>>>>>>>every public official in Youngstown was involved with the Mafia,
>>>>>>>Policy dumped
>>>>>>>Traficant as his client. Traficant then made a bold - and some would
>>>>>>>say insane
>>>>>>>- decision to renounce his confession and stand trial, acting as his
>>>>>>>own
>>>>>>>attorney. Traficant explained to the jury that he only accepted the
>>>>>>>Mafia bribe
>>>>>>>money so he would know whom to arrest for corruption once elected
>>>>>>>Sheriff. After
>>>>>>>four days of deliberations, the jury returned a verdict that stunned
>>>>>>>the
>>>>>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>>>>>Traficant then
>>>>>>>turned the publicity over his acquittal to his advantage and was
>>>>>>>elected to
>>>>>>>Congress in 1984. However, three years later he was again in Court,
>>>>>>>facing civil
>>>>>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>>>>>Representing him was
>>>>>>>attorney George Alexander, who has since been convicted of
>>>>>>>racketeering with the
>>>>>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>>>>>civil trial
>>>>>>>and ordered to pay back taxes, fines, and interest. For many
>>>>>>>months now,
>>>>>>>Traficant has been predicting during public appearances that he
>>>>>>>expects to be
>>>>>>>indicted - again - by the Federal authorities in Cleveland who have
>>>>>>>to date
>>>>>>>convicted over 70 public officials, many of whom are associates of
>>>>>>>the
>>>>>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>>>>>JAMESDE@prodigy.net.
>>>>>>>
>>>>>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>>>>>above material appeared in
>>>>>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>>>>>just Google that title to read the rest of the material
>>>>>>>
>>>>>>>material below is from:
>>>>>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>>>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>>>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>>>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>>>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>>>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>>>>>other unions, such as the Union of Painters and Allied Trades,
>>>>>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>>>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>>>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>>>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>>>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>>>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>>>>>(1978).
>>>>>>> 19. See infra Table II.
>>>>>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>>>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>>>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>>>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>>>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>>>>>
>>>>>>>material below appeared at
>>>>>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>>>>>Fuel Tax Evasion Highlights, March 1995
>>>>>>>Volume 4, Number 1 March 1995
>>>>>>>
>>>>>>>--------------------------------------------------------------------------------
>>>>>>>IN THE NEWS
>>>>>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>>>>>1980's who turned government informant and was subsequently booted out
>>>>>>>of the witness protection program and is now wanted by Texas
>>>>>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>>>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>>>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>>>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>>>>>before he and 7 others were to begin trial. Balagula is already
>>>>>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>>>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>>>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>>>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>>>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>>>>>Dept. of Justice Press Release, 11/4/94
>>>>>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>>>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>>>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>>>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>>>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>>>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>>>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>>>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>>>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>>>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>>>>>Columbus Dispatch, 12/24/94
>>>>>>>The worldwide activities of Russian organized crime and its ability to
>>>>>>>bilk companies, governments and individuals out of billions of dollars
>>>>>>>through sophisticated fraud and theft schemes is described in two
>>>>>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>>>>>6/94
>>>>>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>>>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>>>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>>>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>>>>>State Journal, 11/1/94
>>>>>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>>>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>>>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>>>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>>>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>>>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>>>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>>>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>>>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>>>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>>>>>charges growing out of the Operation Red Daisy investigation conducted
>>>>>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>>>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>>>>>12/16/94
>>>>>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>>>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>>>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>>>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>>>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>>>>
>>>>>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>>>>
>>>>>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>>>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>>>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>>>>>free diesel fuel and used transformer oil from suppliers and utility
>>>>>>>companies using false documents showing the fuel was destined for
>>>>>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>>>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>>>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>>>>>Week, 5/30/94;
>>>>>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>>>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>>>>>excess of $475,000. Press Release, Travis County D.A.
>>>>>>>The State of Maryland filed tax assessments of over $300,000 against
>>>>>>>two trucking companies and a fuel oil distribution firm for using home
>>>>>>>heating oil in trucks. Six other companies are expected to receive
>>>>>>>assessments. The assessments stem from a joint investigation by the MD
>>>>>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>>>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>>>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>>>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>>>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>>>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>>>>>6/20/94; Washington Times, 6/10/94
>>>>>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>>>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>>>>>Star, 1/14/95
>>>>>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>>>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>>>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>>>>>to 54 criminal counts, including failing to pay more than $24 million
>>>>>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>>>>>substandard gas in connection with their 200 gas stations. Under a
>>>>>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>>>>>than 8 years in State prison. The amount of restitution could be as
>>>>>>>much as $800 million. The Lazars operated California Target
>>>>>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>>>>>Service Stations, and Challenge Marketing. The firms are pending
>>>>>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>>>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>>>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>>>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>>>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>>>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>>>>>9/26/94; L.A. Times, 9/27/94
>>>>>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>>>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>>>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>>>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>>>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>>>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>>>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>>>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>>>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>>>>>Revenue Department special agents who are trained in investigating
>>>>>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>>>>>TX)
>>>>>>>DYED DIESEL ENFORCEMENT
>>>>>>>Truckers are warned not to run on red diesel and urged to do visual
>>>>>>>checks when refueling.
>>>>>>>Transport Topics, 10/24/94
>>>>>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>>>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>>>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>>>>>11/7/94
>>>>>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>>>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>>>>>WANT TO KNOW MORE?
>>>>>>>For more information or updates to the mailing list, call Linda
>>>>>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>>>>>20590.
>>>>>>>FAX back address corrections or additions to: 202-366-7696
>>>>>>>
>>>>>>
>>>>>>I agree completely with that one part about that one guy
>>>>>>who said something about something or other.
>>>>>>
>>>>>>Discuss!
>>>>>
>>>>>I'm proud to be a union man. I pay my dues when I can... yeah.
>>>>
>>>>
>>>>Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
>>>>to chat with you anyway, you know, just to "see how the other half
>>>>live," and all. Anyway, what's up?
>>>
>>>Not much here, i had a favorite fan of yours talking to one of my
>>>bots, recently.
>>
>>
>> Is this supposed to be some kind of code for something?
>
>Is "what" supposed to be...."" ""?

Sounds like "secret code." A "fan" of mine had a talk with a "bot" of
yours? Just what exactly am I supposed to infer from this? (Like,
"'Brown Fox' will meet with 'Lazy Dog.' Here is the dossier. You are
being watched."). What gives? Should I be scared? I'm scared.

 

[??? rrock]

J. Raoul Xemblinosky wrote:

> On Sun, 11 Nov 2007 21:25:12 -0600, ??? rrock <invalid@address.here>
> wrote:
>
>
>>
>>Wavy G wrote:
>>
>>
>>>Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:
>>>
>>>
>>>
>>>>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>>>>wrote:
>>>>
>>>>
>>>>
>>>>>reallyveryradical wrote:
>>>>>
>>>>>
>>>>>
>>>>>>Can We Stop The Demobrocrats
>>>>>>
>>>>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>>>>primary, as the campaigns of 2008 presidential candidates seek
>>>>>>endorsements from the major labor federations and member unions.
>>>>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>>>>Obama has an economics speech in New York City in the morning and
>>>>>>Clinton delivers her plan to deliver universal health care coverage in
>>>>>>Iowa.
>>>>>>
>>>>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>>>>attend"
>>>>>>above from
>>>>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>>>>
>>>>>>In the Matter of Alan D. Wasserman
>>>>>>
>>>>>>Laborers' International Union of North America
>>>>>>Independent Hearing Officer
>>>>>>Docket No. 97-57D
>>>>>>Decided October 7, 1998
>>>>>>Order and Memorandum
>>>>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>>>>matter is discussed below in detail.
>>>>>>This matter comes before the Laborers' International Union of North
>>>>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>>>>Specifically, Wasserman is charged with knowingly associating with a
>>>>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>>>>labor payoffs from contractors, offering to allow employers to pay
>>>>>>LIUNA members less than union-scale wages and benefits, and
>>>>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>>>>client was depressed and unable to assist him in his defense. In
>>>>>>support, Gold presented a letter of a medical doctor who stated that
>>>>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>>>>such a disorder rendered him unable to assist in his defense but
>>>>>>merely indicated that Wasserman's ability to testify was impaired.
>>>>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>>>>defense. I decided to proceed with the hearing but told Gold that if
>>>>>>he desired an additional session to present new evidence based on the
>>>>>>cooperation of his client, he should inform me and a hearing would be
>>>>>>arranged.
>>>>>>At the conclusion of the hearing, I instructed both parties to inform
>>>>>>me by June 15, 1998, whether they wished the record to remain open
>>>>>>pending the submission of additional evidence. The parties were also
>>>>>>instructed to submit post-hearing briefs three weeks following June
>>>>>>15, 1998. I stated "You have until June 15th to let me know what
>>>>>>other plans you have, whether to close or keep the record open."
>>>>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>>>>original and one copy of all exhibits presented at the May 27, 1998
>>>>>>hearing. Wasserman filed no response to the motion to admit the
>>>>>>confidential witness testimony.
>>>>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>>>>communication with my office. Attorney Gold made no effort to contact
>>>>>>my office regarding his client's mental status or his intention to
>>>>>>offer any additional evidence. I filed the August 28 Order which
>>>>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>>>>Gold by letter to my office complained of not having had an
>>>>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>>>>letter was Wasserman's first contact with my office in over three
>>>>>>months. I issued an Order placing the August 28 Order in suspense and
>>>>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>>>>September 4, 1998. I permitted both parties to file written
>>>>>>objections and conclusions to the proposed order with arguments to
>>>>>>support their conclusions. I clearly stated that objections and
>>>>>>arguments were to be filed by September 28, 1998. Despite the
>>>>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>>>>indicating he wished to discuss a timetable for the completion of
>>>>>>evidence after October 1, 1998, including the possibility of having
>>>>>>his client testify. I denied Gold's request to hold the record open
>>>>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>>>>1998, to file objections to the August 28 Order. I also requested
>>>>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>>>>asserted that Wasserman was able to appear and testify; however, he
>>>>>>did not submit any proposed testimony by Wasserman as requested. I
>>>>>>find that there is no credible evidence that Wasserman ever intended
>>>>>>to appear.
>>>>>>Qualification Of Expert Witnesses
>>>>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>>>>("Schaffler") as expert witnesses.
>>>>>>Jack Elko
>>>>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>>>>of those years, Elko specialized in organized crime investigations for
>>>>>>the Division of Criminal Justice of the Office of the Attorney General
>>>>>>of New Jersey. Id. Prior to his employment with the Division of
>>>>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>>>>County in Morristown, New Jersey. He attended numerous service
>>>>>>schools, including the New Jersey State Police Academy, courses
>>>>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>>>>Elko testified in this proceeding as an expert in the make-up and
>>>>>>structure of organized crime, specifically in the Newark area. This
>>>>>>technique has been accepted in similar union disciplinary matters.
>>>>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>>>>Elko used tested and accepted investigative techniques to verify the
>>>>>>credibility of the individuals whose information he related at the
>>>>>>hearing. Elko testified as to information and hearsay statements of
>>>>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>>>>weight to hearsay declarations of three LCN members that were related
>>>>>>by an FBI agent. The court used a number of factors to evaluate the
>>>>>>reliability of the statements. The court noted that the statements
>>>>>>corroborated each other in crucial respects, the reports painted a
>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>statements matched the FBI agent's declaration in the subject matter.
>>>>>>Id. The court held that these declarations constituted relevant
>>>>>>evidence that a reasonable mind might accept on the subject of
>>>>>>association with organized crime. Id.
>>>>>>I find that Elko is a qualified witness, expert in organized crime
>>>>>>matters, and his testimony, in conformance with accepted investigative
>>>>>>techniques, is reliable.
>>>>>>Elko related information given to him by five named individuals
>>>>>>described below, three of whom have cooperated with federal
>>>>>>authorities and two of whom are law enforcement officers.
>>>>>>Rocco Cagno
>>>>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>>>>109. Cagno became a made member in 1987; thereafter, he was
>>>>>>incarcerated. The record does not reflect the reason for his
>>>>>>incarceration.
>>>>>>He was released from prison in 1990 and his movements were monitored
>>>>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>>>>required to gain employment. He became employed by Local 342 through
>>>>>>the influence of Colombo family members and Anthony Proto, who was
>>>>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>>>>to speak with Cagno in October 1997 concerning the various organized
>>>>>>crime affiliations within Local 342. Tr. 109.
>>>>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>>>>both made members of the Lucchese organized crime family and are also
>>>>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>>>>been the acting boss of the New Jersey faction of the Lucchese
>>>>>>family. Id.
>>>>>>Steve Montgomery and Lt. Dennis Masucci
>>>>>>Elko also based his opinion on information supplied to him by two law
>>>>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>>>>information provided by Masucci is based upon confidential informant
>>>>>>sources proven reliable in the past, who gave Masucci information
>>>>>>which resulted in the arrest of organized crime members, including
>>>>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>>>>Montgomery's information is also based on his personal investigation
>>>>>>and confidential sources.
>>>>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>>>>each other and by the information supplied by Masucci and
>>>>>>Montgomery.
>>>>>>Jeffrey Schaffler
>>>>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>>>>He spent his last years as a special agent with the Office of Labor
>>>>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>>>>an assistant special agent in charge of a DOL investigation office.
>>>>>>Id. Schaffler is currently under contract to the Office of the
>>>>>>Inspector General of the Port Authority of New York and New Jersey.
>>>>>>His duties involve investigation of contractors who do business with
>>>>>>the Port Authority, the operation of construction projects, the manner
>>>>>>in which construction bids are made, contract fraud and wage and hour
>>>>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>>>>capacity of an expert in the labor field.
>>>>>>I find that Schaffler is a qualified expert witness in the labor
>>>>>>field.
>>>>>>Findings of Fact
>>>>>>Structure of Organized Crime
>>>>>>1. The LCN is a tightly structured
>>>>>>criminal organization which operates in various cities throughout the
>>>>>>United States. It is in the business of crime for a profit.[1]
>>>>>>2. The LCN is comprised of groups of individuals organized into
>>>>>>entities called families. Tr. 105.
>>>>>>3. A typical LCN family structure consists of the head (the
>>>>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>>>>activities of LCN members and their associates. LCN members within a
>>>>>>family operate in small groups called "crews" which are headed by men
>>>>>>called "capos" or "crew bosses." Tr. 106.
>>>>>>4. A "made member" is an individual within an LCN family who
>>>>>>has undergone an initiation process and sworn allegiance to that
>>>>>>family putting the family above everything else. Tr. 106. See also
>>>>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>>>>5. An "associate" is an individual who works under a capo and
>>>>>>assists made members, but who has not been formally initiated into the
>>>>>>family. Tr. 106. An associate may either earn his living by
>>>>>>performing illegal acts on behalf of an LCN family or he may have an
>>>>>>ostensibly legitimate job while at the same time assisting a
>>>>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>>>>129-30.
>>>>>>6. Both members and associates engage in activities which bring
>>>>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>>>>associate could only become a made member by participating in the
>>>>>>murder of an individual. In more recent times, an associate may
>>>>>>become a made member based upon the benefits he is able to produce for
>>>>>>that family, such as earning large sums of money or exercising
>>>>>>influence in business or politics. Tr. 106-07.
>>>>>>7. A number of LCN families are located in the New York/New
>>>>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>>>>The LCN's History Of Control Over Local 342
>>>>>>8. The evidence presented during the hearing establishes by a
>>>>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>>>>been subject to LCN control for many years.
>>>>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>>>>crime families have shared control of Local 342. Tr. 110. The two
>>>>>>families shared illegal profits from contractors within their
>>>>>>jurisdiction by soliciting money for labor peace and outright
>>>>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>>>>families were placed on the labor payroll with various contractors
>>>>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>>>>families later shifted to an arrangement where the Colombo family
>>>>>>received preferential treatment for placement of workers at particular
>>>>>>contract sites, but no longer shared in racketeering labor profits.
>>>>>>Tr. 111-12.
>>>>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>>>>to the present, the Task Force and other law enforcement entities have
>>>>>>documented the Gambino family infiltration of Local 342. Id.
>>>>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>>>>family in New York. After Castellano's murder in December 1985, he
>>>>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>>>>of Local 342 for several years prior to the Task Force's creation in
>>>>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>>>>for racketeering. Tr. 138.
>>>>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>>>>made member of the Gambino family. Tr. 117, 133.
>>>>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>>>>month for permission to park the vendor's vehicle on a particular
>>>>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>>>>with a sledgehammer. Id. The police responded and, after a period of
>>>>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>>>>approval, the charges were downgraded to simple assault, not pursued,
>>>>>>and the vendor immediately left New Jersey and moved to South
>>>>>>Carolina. Id.
>>>>>>15. At the time of the assault, Andrade was a shop steward of
>>>>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>>>>time was an employee of Local 342. Id.
>>>>>>16. In 1987, the Task Force launched an investigation into
>>>>>>organized crime influence in New Jersey. The investigation employed
>>>>>>court authorized electronic surveillance and other investigative
>>>>>>techniques. The investigation resulted in the indictment of numerous
>>>>>>Gambino family members for labor racketeering in New Jersey, one of
>>>>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>>>>James Proto with his duties. Tr. 134.
>>>>>>18. While Andrade was Business Agent and James Proto was Business
>>>>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>>>>147.
>>>>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>>>>family in Staten Island, New York. Vallaro's father was a made member
>>>>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>>>>Following the 1993 convictions of other Gambino family members,
>>>>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>>>>20. At the time of his move, Vallaro was unknown to law
>>>>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>>>>presence and involvement in the LCN through electronic surveillance
>>>>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>>>>information about Vallero which Elko obtained from the surveillance
>>>>>>was verified by Cagno. Tr. 136.
>>>>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>>>>and responsible for the New Jersey area, including all the Gambino
>>>>>>family members and associates within Local 342. Tr. 109, 113.
>>>>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>>>>testified that he learned this fact from intelligence sources,
>>>>>>discussions with Cagno and interviews with other organized crime
>>>>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>>>>23. After Proto's incarceration, Cagno became concerned about the
>>>>>>distribution of money and work for the Colombo family members within
>>>>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>>>>York City Colombo family. Id. Cagno was approached within the next
>>>>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>>>>24. Cagno and Juicy DiModica, as representatives of their
>>>>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>>>>DiModica and the Gambino family. Tr. 114.
>>>>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>>>>labor issues and Local 342. Id.
>>>>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>>>>Bisaccia were intercepted and monitored. Id.
>>>>>>27. In April 1994, a conversation was intercepted between Joseph
>>>>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>>>>not making any money for them and that they would be broke in two
>>>>>>months. Elko testified that he understood this conversation to mean
>>>>>>that James Proto was not being forceful enough in extracting money
>>>>>
>>>>>>from contractors for Local 342. Id.
>>>>>
>>>>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>>>>conversation, James Proto remained Business Manager of Local 342 for
>>>>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>>>>Id.
>>>>>>VHR Construction
>>>>>>Charge I:
>>>>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>or a thing of value from VHR Construction, an employer engaged in an
>>>>>>industry affecting interstate commerce, when Wasserman asked for a
>>>>>>payoff in form of a "Christmas gift" while being a Union member and
>>>>>>representative (29 U.S.C. ?186(b)(1)).
>>>>>>Charge II:
>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>employer while being a Union member and representative, in violation
>>>>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>>>>Practices Code.
>>>>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>>>>a contractor who desired confidentiality had alleged that Wasserman
>>>>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>>>>Newark International Airport, and had caused the contractor's
>>>>>>equipment to be damaged. The contractor stated specifically that one
>>>>>>piece of equipment was filled with concrete and another piece was
>>>>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>>>>pure hearsay, the specificity of the description of the damage is
>>>>>>corroborated later in interviews with a company official.
>>>>>>30. The IG sent investigators to Newark to verify the
>>>>>>allegations. Id.
>>>>>>31. VHR Construction was a general contractor at the Newark
>>>>>>Airport and signatory to a collective bargaining agreement with Local
>>>>>>342. Tr. 21, 23.
>>>>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>>>>Construction. Tr. 21.
>>>>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>>>>company was not the victim of the equipment damage, but he had heard
>>>>>>about the incident. Tr. 22.
>>>>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>>>>35. Wortman said that he and his staff had threatened to dock
>>>>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>>>>Wortman's office to discuss the issue during the weeks before
>>>>>>Christmas of 1995. Id.
>>>>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>>>>was also a member but not an officer or even a steward of Local 342.
>>>>>>Tr. 28-29.
>>>>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>>>>record is silent as to Wasserman's participation in the request.
>>>>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>>>>to the meeting to make the request and fully approved of the demand.
>>>>>>38. At the hearing in the instant matter, Schaffler testified
>>>>>>that, in his expert opinion of the construction industry, labor
>>>>>>payoffs are usually made at Christmastime or at the beginning of the
>>>>>>summer or late spring. Tr. 167.
>>>>>>39. It was also Schaffler's expert opinion, based on his
>>>>>>experience, James DiModica's request for a Christmas gift was the
>>>>>>solicitation of a bribe. Tr. 165. I find that under the
>>>>>>circumstances all parties understood that the meaning of the request
>>>>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>>>>that Wortman's testimony was corroborated by other testimony, and is
>>>>>>reliable.
>>>>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>>>>the matter of his pay being docked for continually leaving the job.
>>>>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>>>>weight since Wasserman and Wortman entered into an agreement settling
>>>>>>the matter.
>>>>>>
>>>>>>
>>>>>>B.J. McGlone & Co. Inc.
>>>>>>Charge III:
>>>>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>>>>in an industry affecting interstate commerce, when he demanded labor
>>>>>>payoffs from an employer while being a Union member and representative
>>>>>>(29 U.S.C. ?186(b)(1)).
>>>>>>Charge IV:
>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>employer and offered to allow that employer to use non-Union labor or
>>>>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>>>>so doing violated his obligation as a member of the Union to refrain
>>>>>
>>>>>>from interfering with the proper conduct of Union business, in
>>>>>
>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>of the LIUNA Ethical Practices Code
>>>>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>>>>which provides fireproof material and services. Tr. 47. McGlone
>>>>>>performed and worked at the Newark Airport job site in 1994.
>>>>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>>>>who was involved in managing one of the job sites at the Newark
>>>>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>>>>name would not be repeated to anyone outside of the interview.
>>>>>>Although he requested anonymity, the record is clear that he was an
>>>>>>officer of McGlone, that he was involved in the operation of the site,
>>>>>>and that he dealt with Wasserman. The probative value of this
>>>>>>testimony will be discussed below.
>>>>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>>>>55.
>>>>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>>>>conversation about placing safety equipment on the job site. The
>>>>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>>>>company did not install the equipment and the job commenced. Id.
>>>>>>45. Two pieces of equipment were subsequently damaged at the job
>>>>>>site. Id. One spray machine was filled with concrete and another was
>>>>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>>>>170. This description corroborates the description of the damage in
>>>>>>the anonymous report made to the IG.
>>>>>>46. Schaffler testified that it is common practice when a company
>>>>>>does not comply with demands for payoffs from LCN controlled unions,
>>>>>>the union may resort to intimidation methods to frighten the company
>>>>>>officials. Id. A common method is to damage equipment. Id.
>>>>>>47. The officer subsequently had a conversation with Wasserman in
>>>>>>which the officer told Wasserman the equipment was damaged and said
>>>>>>"this is not the way for you to put your people to work." Tr. 53.
>>>>>>Wasserman made no reply to this accusation and requested a meeting.
>>>>>>Tr. 54
>>>>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>>>>without interference and the company need only pay the workers enough
>>>>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>>>>was not his decision to pay the money and that he would have to refer
>>>>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>>>>money was paid.
>>>>>>49. Schaffler testified that he was familiar with the terms "give
>>>>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>>>>workers enough for them to buy a ham sandwich," under the
>>>>>>circumstances, meant the workers could be paid a moderate amount for
>>>>>>work completed, but the company would not have to adhere to all terms
>>>>>>of the collective bargaining agreement, including paying fringe
>>>>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>>>>James DiModica would take responsibility for handling any complaints
>>>>>
>>>>>>from the workers. Id.
>>>>>
>>>>>>50. Attorney Gold argues that the testimony of the McGlone
>>>>>>official is not credible. Gold states that the official is biased
>>>>>>against Wasserman because Wasserman came to the meeting to discuss
>>>>>>legitimate safety issues at McGlone, and the official was upset at
>>>>>>being confronted with safety violations. This argument has little
>>>>>>weight because substantial damage had been done to McGlone's
>>>>>>equipment. It would be more cost effective for McGlone to address
>>>>>>legitimate safety issues than to damage its own equipment and blame
>>>>>>Wasserman. I find the official's representation of the events to be
>>>>>>credible, and corroborated by other evidence. See the Discussion,
>>>>>>infra.
>>>>>>E & S Construction
>>>>>>Charge V:
>>>>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>an act of racketeering in that Wasserman did request and demand money
>>>>>>or a thing of value from E&S Construction, an employer engaged in an
>>>>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>>>
>>>>>>from an employer while being a Union member and representative (29
>>>>>
>>>>>>U.S.C. ?186(b)(1)).
>>>>>>Charge VI:
>>>>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>>>>an employer and offered to allow that employer to use non-Union labor
>>>>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>>>>in so doing violated his obligation as a member of the Union to
>>>>>>refrain from interfering with the proper conduct of Union business, in
>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>of the LIUNA Ethical Practices Code.
>>>>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>>>>contacted the LIUNA New Jersey regional office concerning an
>>>>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>>>>shortly thereafter. Id.
>>>>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>>>>could not work as a laborer, he formed his own construction company.
>>>>>>Id.
>>>>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>>>>9 in New Jersey. Id.
>>>>>>54. In the same month, Taylor received a call from Wasserman who
>>>>>>identified himself as a representative from Local 342 and requested a
>>>>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>>>>55. The following day, Wasserman arrived at Taylor's job site
>>>>>>accompanied with an individual Taylor later identified as James
>>>>>>DiModica. Id.
>>>>>>56. At the start of the meeting, James DiModica stated that he had
>>>>>>just gotten out of jail. Tr. 60.
>>>>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>>>>at the Newark Airport with the Brown Matthews Company, and he
>>>>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>>>>58. Taylor replied that at the time he had three full-time workers
>>>>>>with his company and the workload was just enough for those three
>>>>>>workers. Taylor said if his workload increased he would definitely
>>>>>>call the Local 342 hiring hall for laborers. Id.
>>>>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>>>>use them because he had to use Local 342 members. Id.
>>>>>>60. Wasserman then made a motion with one of his hands indicating
>>>>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>>>>$5,000. Id.
>>>>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>>>>the workers any benefits. Id. Taylor understood this to mean that
>>>>>>the various fringe benefits, pension annuity, and medical benefits
>>>>>>required by the collective bargaining agreement would not have to be
>>>>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>>>>Wasserman would make him put up a bond for the benefits at his job
>>>>>>site. Tr. 59.
>>>>>>63. Towards the end of the meeting, James DiModica made a
>>>>>>statement to Taylor that "we have connections, we'll get you paid
>>>>>>faster." Tr. 60.
>>>>>>64. Subsequently, Taylor positively identified James DiModica from
>>>>>>photographs shown to him by IG Inspectors. Id.
>>>>>>65. I find that there was no reason for James DiModica, who had no
>>>>>>official union position, to accompany Wasserman to Wasserman's
>>>>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>>>>DiModica visits to the contractors appears, under these circumstances,
>>>>>>to be a joint venture in extortion.
>>>>>>66. The statements of Taylor as to what the demands meant and the
>>>>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>>>>extortionate practices are credible and well founded.
>>>>>>67. Attorney Gold contends that the appearance of James DiModica
>>>>>>with Wasserman where money was solicited from employers was not in
>>>>>>itself improper. Gold argues that DiModica might have been a shop
>>>>>>steward on at least one of the jobs, and his appearance on any of the
>>>>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>>>>associate of organized crime. On one occasion he suddenly requested a
>>>>>>Christmas gift from the employer and on another he began the
>>>>>>conversation by informing the employer that he had just been released
>>>>>
>>>>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>>>
>>>>>>serve the purpose of intimidating the contractor.
>>>>>>68. Attorney Gold also contends that since none of the complaining
>>>>>>persons ever alleged that as a result of denying payoffs they suffered
>>>>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>>>>go unpunished. There is no evidence to indicate whether or not the
>>>>>>payments were made. The record is silent on that matter; however,
>>>>>>there is evidence that equipment at McGlone was heavily damaged after
>>>>>>McGlone refused to install the requested safety apparatus.
>>>>>>Knowing Association With The LCN
>>>>>>Charge VII:
>>>>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>>>>associating with La Cosa Nostra crime family members or associates,
>>>>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>>>>crime family and James DiModica, an associate of the Gambino crime
>>>>>>family.
>>>>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>>>>Jersey for approximately ten years.
>>>>>>70. At the time of the hearing in this matter, Wasserman was the
>>>>>>Business Manager of Local 342. He was appointed by the Executive
>>>>>>Board to succeed James Proto. Wasserman has also served in the
>>>>>>positions of field representative and a shop steward of Local 342.
>>>>>>71. The GEB Attorney offered the history of Local 342 described
>>>>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>>>>as evidence of Wasserman's associations with the Gambino family.
>>>>>>72. Based upon his years of investigation, including the
>>>>>>aforementioned information in paragraphs 8 through 28, and
>>>>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>>>>concluded that Juicy DiModica is a made member of organized crime and
>>>>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>>>>73. Based upon his information, including direct information from
>>>>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>>>>years of surveillance, Elko concluded that James DiModica is an
>>>>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>>>>74. Based upon direct information from Cagno, information from
>>>>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>>>>123, 129.
>>>>>>Discussion
>>>>>>The IHO must base his decisions on reliable evidence through a review
>>>>>>of what is probative and reliable. Attorney Gold objects to the use
>>>>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>>>>however, reliable hearsay evidence is admissible in labor
>>>>>>arbitrations. Associated Cleaning Consultants and International
>>>>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>>>>evidence has been admitted regularly in union disciplinary proceedings
>>>>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>>>>1990). The test is whether the evidence is reliable. Senese &
>>>>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>>>>389, 402 (1971)).
>>>>>>The testimony of the IG Inspectors regarding statements of contractors
>>>>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>>>>& S Construction are hearsay; however, they demonstrate a similar
>>>>>>pattern, and similar demands were related by three individuals who
>>>>>>have neither bias nor reason to falsify. The individuals knew their
>>>>>>statements would eventually be known when they spoke to the
>>>>>>investigating officials, yet they still exposed themselves to the risk
>>>>>>of voluntary cooperation. One of the individuals initiated contact
>>>>>>with officials. I recognize that one of the individuals has remained
>>>>>>unnamed and, standing alone, his statements would not be probative.
>>>>>>Nonetheless, I give evidentiary weight to his information due to the
>>>>>>striking similarity between the three incidents. The hearsay
>>>>>>statements of the unnamed individual match the hearsay statements of
>>>>>>the named individuals. The statements describe the same modus
>>>>>>operandi, the same labor extortion goals during roughly the same time
>>>>>>period, and involve the same two perpetrators. I find that the
>>>>>>hearsay statements of the contractors corroborate each other and I
>>>>>>find the evidence to be reliable especially given the very similar
>>>>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>>>>hearsay evidence reliable based upon FBI Agent's information being
>>>>>>culled from various sources and the various sources' corroboration of
>>>>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>>>>of factors to evaluate reliability giving evidentiary weight to
>>>>>>hearsay declarations of three LCN members related by FBI agent;
>>>>>>factors included corroborating statements in crucial respects, a
>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>statements matched the FBI agent's declaration in the subject matter).
>>>>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>>>>conduct includes, among others, committing any act of racketeering.
>>>>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>>>>"committing any act of racketeering, as defined in Title 18 of the
>>>>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>>>>U.S.C. ? 1961(a).
>>>>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>>>>and or to receive anything of value from a contractor with whom he has
>>>>>>a collective bargaining agreement:
>>>>>>It shall be unlawful for any person to request, demand, receive, or
>>>>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>>>>of any money or other thing of value prohibited by subsection (a) of
>>>>>>this section.
>>>>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>>>>"giving any money or other thing of value to any labor organization,
>>>>>>or any officer or employee thereof, which represents, seeks to
>>>>>>represent, or would admit to membership, any of the employees of such
>>>>>>employer who are employed in an industry affecting commerce."
>>>>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>>>>believed the request for a gift was an "extortion or a demand." The
>>>>>>argument has no merit; any form of request is prohibited.
>>>>>>Barred conduct also includes "knowingly associating" with members of
>>>>>>an organized crime family such as the LCN, and knowingly allowing an
>>>>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>>>>union member knew the person with whom he or she was associating was a
>>>>>>member or associate of the LCN; (2) the association related directly
>>>>>>or indirectly to the affairs of the union; and (3) the association was
>>>>>>more than fleeting or casual. Id.
>>>>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>>>>Administrator's determination that "'knowing association' can be
>>>>>>inferred from the duration and quality of the association." 745
>>>>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>>>>he was associating were members of organized crime. The individuals
>>>>>>with whom Wasserman dealt were identified as well known members of
>>>>>>organized crime families by three former organized crime members. The
>>>>>>association was not fleeting or casual. Wasserman attended meetings
>>>>>>with contractors accompanied by James DiModica, a known associate of
>>>>>>organized crime, whose presence was not related to the ordinary course
>>>>>>of union business. Wasserman took James DiModica along for his
>>>>>>intimidation factor. Wasserman had to have known James DiModica was
>>>>>>associated with organized crime; there was no other reason for
>>>>>>DiModica to accompany him. A similar conclusion was reached by the
>>>>>>Independent Administrator in Cimino where the Independent
>>>>>>Administrator found that Cimino had to have known of Nicodemo
>>>>>>Scarfo's Philadelphia organized crime ties during their association
>>>>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>>>>use Cimino and the local union to "further his La Cosa Nostra
>>>>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>>>>obviously an illegal joint venture to extort union contractors with
>>>>>>the approval of the Gambino family.
>>>>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>>>>part time no-show shop steward and argued that being a no-show shop
>>>>>>steward is evidence of being associated with organized crime. I do
>>>>>>not find this evidence to be probative of Wasserman's organized crime
>>>>>>association.
>>>>>>Obstruction
>>>>>>Charge IX:
>>>>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>>>>terminating the interview, and thereby obstructing and interfering
>>>>>>with an investigation being conducted by the LIUNA Inspector General's
>>>>>>Office.
>>>>>>Findings of Fact
>>>>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>>>>residence in Union, New Jersey. Tr. 61, 64.
>>>>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>>>>second time at the VHR job site at the Newark Airport to obtain the
>>>>>>additional information about James DiModica. Tr. 64.
>>>>>>77. They met Wasserman as he came out of the security area. The
>>>>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>>>>parking lot area and the IG Inspectors agreed. Id.
>>>>>>78. The IG Inspectors told Wasserman they needed more information
>>>>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>>>>with them and stated he was very concerned that someone had broken
>>>>>>into his house three days after the May 1996 interview with the IG
>>>>>>Inspectors. Tr. 66.
>>>>>>79. Wasserman refused to reply to questions about James DiModica
>>>>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>>>>left the building. Id.
>>>>>>80. Outside the building, IG Inspectors again requested that
>>>>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>>>>66-67.
>>>>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>>>>interview, and thereby obstructed the IG investigation.
>>>>>>CHARGE X
>>>>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>>>>testifying that he had been elected by the general membership to be
>>>>>>the Business Agent for Local 342 despite knowing that the general
>>>>>>membership did not elect him and that he instead was appointed to the
>>>>>>position.
>>>>>>82. I find the fact that Wasserman's statements that he was
>>>>>>elected rather than having been appointed, was not a material fact and
>>>>>>was not in violation of the EPC.
>>>>>>CHARGES XI-IV
>>>>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>>>>testified at his deposition, that he never demanded a Christmas gift
>>>>>
>>>>>>from a contractor, that he never demanded things of value from a
>>>>>
>>>>>>contractor in exchange for labor peace, that he never attempted to
>>>>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>>>>or approached contractors with James DiModica. The preponderance of
>>>>>>the evidence proves that Wasserman did perform all of these acts and
>>>>>>when he was asked about them under oath he denied his participation.
>>>>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>>>>July 8, 1997 deposition that he never knowingly associated with
>>>>>>members or associates of organized crime. See GEB Ex. 1. The
>>>>>>preponderance of the evidence shows he gave false testimony when he
>>>>>>was asked about his connections with organized crime and he denied
>>>>>>them.
>>>>>>Conclusions
>>>>>>1. During the period of time alleged in the charges, Local 342
>>>>>>was dominated by members or associates of the Gambino crime family.
>>>>>>2. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by requesting money from VHR Construction in
>>>>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>3. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>4. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>>>>5. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by demanding money in exchange for labor
>>>>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>>>>and the EPC.
>>>>>>6. There is a preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by offering to allow E & S Construction to
>>>>>>pay LIUNA members less than union-scale wages and benefits in
>>>>>>violation of 186 ' (b)(1) and the EPC.
>>>>>>7. There is a preponderance of the evidence that Vincent
>>>>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>>>>is an associate of the Gambino family.
>>>>>>8. There is a preponderance of the evidence that Wasserman
>>>>>>knowingly associated with members of organized crime, thereby
>>>>>>committing barred conduct under the EDP.
>>>>>>9. The evidence clearly demonstrates that Wasserman's
>>>>>>associations with organized crime directly affected the affairs of the
>>>>>>union. Wasserman took a known LCN associate on his visits to
>>>>>>contractors and demanded payments in exchange for labor peace and
>>>>>>permission to use either non-union labor or non-union scale wages and
>>>>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>>>>to extort contractors.
>>>>>>10. There is preponderance of the evidence that Wasserman
>>>>>>committed barred conduct by giving false testimony at his deposition
>>>>>>when questioned about his association with organized crime and his
>>>>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>>>>Construction.
>>>>>>11. Wasserman's statement that he was elected to be a Business
>>>>>>Agent of Local 342, rather than appointed was not a material
>>>>>>misstatement and did not obstruct the GEB Attorney.
>>>>>>Decision
>>>>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>>>>the evidence. Charge X has not been proved by a preponderance of the
>>>>>>evidence.
>>>>>>Penalty
>>>>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>>>>permanently barred from holding an office in or being employed by
>>>>>>Local 342 or from being an officer or being employed by any LIUNA
>>>>>>affiliated entity or fund.
>>>>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>>>>10 days of the date this Order.
>>>>>>Peter F. Vaira
>>>>>>INDEPENDENT HEARING OFFICER
>>>>>>
>>>>>>
>>>>>>--------------------------------------------------------------------------------
>>>>>>
>>>>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>>>>17, 1998).
>>>>>>
>>>>>>
>>>>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>>>>More information. April 3, 2001, Tuesday
>>>>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>>>>restaurants and pizza parlors in New York City and surrounding area;
>>>>>>various reasons cited"
>>>>>>
>>>>>>Hillary Clinton has long masqueraded as a champion of women's
>>>>>>rights, yet the
>>>>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>>>>helping the
>>>>>>rights of women, actually harmed women.
>>>>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>>>>...the West has helped to create the demand, by stationing tens of
>>>>>>thousands of
>>>>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>>>>soldiers and
>>>>>>international workers, but their presence has greatly fuelled the
>>>>>>demand for
>>>>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>>>>which picked up
>>>>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>>>>increased
>>>>>>since the Kosovo war. Finally, the West has helped to create the
>>>>>>link between
>>>>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>>>>Albanian
>>>>>>Mafia which now controls this market. The fact that there is so
>>>>>>much reporting
>>>>>>now on the matter of sex slaves may be an indication that the powers
>>>>>>that be in
>>>>>>the West are beginning to ditch those whom they portrayed during the
>>>>>>spring of
>>>>>>1999 as passive and innocent victims....
>>>>>>
>>>>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>>>>and that a
>>>>>>very large number of prostitutes there are effectively slaves.
>>>>>>Although not all
>>>>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>>>>Albania - it
>>>>>>has been affirmed by one of the leading authorities on prostitution
>>>>>>that they
>>>>>>are kept in captivity. "All the women currently on the streets (of
>>>>>>Italy) are
>>>>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>>>>Romanians and the
>>>>>>women from Eastern European countries all have their passports taken
>>>>>>away by
>>>>>>their pimps. There is not one metre of street in which prostitution
>>>>>>is not
>>>>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>>>>Verona who
>>>>>>has founded a charity which works with prostitutes. Benzi goes
>>>>>>on, "The
>>>>>>Albanians operate in family clans, in `joint ventures' with the
>>>>>>Mafia in Eastern
>>>>>>Europe and Italy. No new pimp can start operating in Italy without
>>>>>>paying a
>>>>>>percentage to the person who already controls the territory. Any
>>>>>>mistakes are
>>>>>>punished by death. For the Albanians, vendetta is second nature:
>>>>>>the concept
>>>>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>>>>Association of the Community of Pope John XXIII, 48% of the
>>>>>>prostitutes in Italy
>>>>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>>>>old); and 26%
>>>>>>have been kidnapped and taken from their countries of origin by
>>>>>>force.[8]
>>>>>>source:
>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>Hillary Clinton has also masqueraded as someone concerned about
>>>>>>Children's
>>>>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>>>>Clinton
>>>>>>actually harmed children too.
>>>>>>"Sexual exploitation of children
>>>>>>An especially appalling aspect of the trade in human beings is the
>>>>>>sexual
>>>>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>>>>Petersel,
>>>>>>the Director of Save the Children in Moldova, whose organisation has
>>>>>>started to
>>>>>>house and rehabilitate young women and girls who have been forced
>>>>>>into sex
>>>>>>slavery. The youngest victim with which they have dealt was nine
>>>>>>years old.
>>>>>>260 victims of sex slavery have been housed and helped by Save the
>>>>>>Children
>>>>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>>>>Albania,
>>>>>>Macedonia, Italy, and Greece.
>>>>>>References for further reading:
>>>>>>Trafficking in Migrants,
>>>>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>>>>Milan, May
>>>>>>1999
>>>>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>>>>Paoline
>>>>>>Editoriale Libri, 1999
>>>>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>>>>liberazione del
>>>>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>>>>Editrice, Rome,
>>>>>>2000.
>>>>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>>>>18th April
>>>>>>2000
>>>>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>>>>Moldova,
>>>>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>>>>Parliament.
>>>>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>>>>Monde, 1st
>>>>>>December 2000
>>>>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>>>>Albanian Daily
>>>>>>News, 5th October 2000
>>>>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>>>>1st July 1999
>>>>>>[6] Ibid.
>>>>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>>>>http://www.mess-s-
>>>>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>>>>itute.htm
>>>>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>>>>della
>>>>>>prostituzione,
>>>>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>>>>recently
>>>>>>attacked the Mafia activities of the Montengrin president, Milo
>>>>>>Djukanović.
>>>>>>See La Repubblica, 12th January 2001
>>>>>>source:
>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>>>>Italy's sexual slave trade
>>>>>>
>>>>>>
>>>>>>Many prostitutes in Italy come from Albania
>>>>>>In the first of two special reports, the BBC's Brian Barron
>>>>>>investigates Italy's
>>>>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>>>>the
>>>>>>business.
>>>>>>It is estimated that there could be more than 40,000 foreign
>>>>>>prostitutes on the
>>>>>>streets of Italy - and the numbers are increasing.
>>>>>>The streetwalkers venture out every night after 10, on the edge of
>>>>>>big cities
>>>>>>like Rome.
>>>>>>Each trip was awful but that was my choice. If I returned to
>>>>>>Albania I was
>>>>>>dead.
>>>>>>Prostitute
>>>>>>In the Eor district, they are Albanian or from other former
>>>>>>communist countries.
>>>>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>>>>travelled to
>>>>>>Italy through their own efforts.
>>>>>>One streetwalker whose identity must be kept secret recalls her
>>>>>>particular
>>>>>>journey.
>>>>>>"I came by boat," she says.
>>>>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>>>>people with
>>>>>>my own eyes."
>>>>>>"Each trip was awful but that was my choice. If I returned to
>>>>>>Albania I was
>>>>>>dead."
>>>>>>"Dead or alive - this was my only choice."
>>>>>>Tarantelli: Women are held in slavery
>>>>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>>>>are slaves.
>>>>>>"They are brought here," she says.
>>>>>>"Their passports are destroyed often, usually as a matter of fact
>>>>>>they are
>>>>>>tortured to break their wills."
>>>>>>"They're moved around from place to place so they don't know where
>>>>>>they are.
>>>>>>They don't speak the language."
>>>>>>"They're terrified and they can't escape. They're held in slavery."
>>>>>>Poverty
>>>>>>
>>>>>>For many of the girls, the journey began in their Albanian homeland.
>>>>>>In Durres, most people are out of work, surviving on remittances
>>>>>
>>>>>>from relatives
>>>>>
>>>>>>abroad, like the girls on the streets of Italy.
>>>>>>In its poverty and human desperation it is typical of countless
>>>>>>Albanian
>>>>>>communities.
>>>>>>Once Albania was an all-powerful communist police state. It is now a
>>>>>>country
>>>>>>beyond the rule of law.
>>>>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>>>>difficult time
>>>>>>stamping out the smuggling of young girls.
>>>>>>Durres: Lawlessness and poverty prevail
>>>>>>"We have had some success against traffickers in prostitutes," he
>>>>>>says.
>>>>>>"We've arrested at least three. But a big problem is what to do with
>>>>>>the girls
>>>>>>caught up in the system, especially if they come from outside
>>>>>>Albania."
>>>>>>"The fact is we do not have any organisation for helping them."
>>>>>>"At times we've had to keep the girls in prison because there's
>>>>>>nowhere for them
>>>>>>to go."
>>>>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>>>>of the
>>>>>>Albanian mafia being intercepted by Italian security forces.
>>>>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>>>>It was trying to land a batch of illegal immigrants on Italy's
>>>>>>Adriatic coast.
>>>>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>>>>60 miles an
>>>>>>hour, evaded the helicopters and ships trying to encircle them.
>>>>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>>>>Catholic
>>>>>>charity, has launched another kind of assault on the Albanian mafia.
>>>>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>>>>witness protection
>>>>>>programme for former prostitutes from Albania and Eastern Europe.
>>>>>>Hope for some of the women in the witness protection programme
>>>>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>>>>he says.
>>>>>>"It's not an easy decision to make. So these girls must have the
>>>>>>courage to do
>>>>>>it.
>>>>>>"To cut all ties with the past. By pointing the finger at those who
>>>>>>abuse them
>>>>>>there is the chance that some of the guilty will be brought to
>>>>>>justice."
>>>>>>Eighty girls have collaborated. They have been rewarded with the
>>>>>>right to remain
>>>>>>in Italy and, when necessary, new identities.
>>>>>>However, 500 declined because they were afraid of the godfathers.
>>>>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>>>>Pellegrino
>>>>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>>>>Was Johnny
>>>>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>>>>know please
>>>>>>post your materials and sources for them.
>>>>>>
>>>>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>>>>20th, 1940.
>>>>>>
>>>>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>>>>
>>>>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>>>>the
>>>>>>imagination. DioGuardi specialized, among other things, in
>>>>>>victimizing Jews.
>>>>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>>>>less
>>>>>>directly, as they became unwitting customers. The article below
>>>>>>notes that "A
>>>>>>salesman for the company testified in 1969 that often the meat they
>>>>>>delivered to
>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>atrocity to
>>>>>>perpetrate on our customers."
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>>>>Queens, New
>>>>>>York, listening to a tape recording of the conversations coming out
>>>>>>of a bug-a
>>>>>>tiny wireless microphone and radio transmitter hidden in the office
>>>>>>of Norman
>>>>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>>>>to evidence
>>>>>>that illustrated with chilling clarity that the Mafia controlled an
>>>>>>industry
>>>>>>that robbed the public of more than just its money. It was also
>>>>>>stealing its
>>>>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>>>>kept
>>>>>>cropping up. The cops knew who he was.
>>>>>>
>>>>>>
>>>>>>
>>>>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>>>>viscous snarl
>>>>>>as he slugged a United Press photographer outside a Senate committee
>>>>>>hearing
>>>>>>room, appeared on front pages of newspapers all over the country,
>>>>>>because it so
>>>>>>perfectly matched the average person's preconception of what a Mafia
>>>>>>thug should
>>>>>>look like.
>>>>>>
>>>>>>
>>>>>>As the police developed their investigation into the Merkel Meat
>>>>>>Company and the
>>>>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>>>>that the
>>>>>>Lucchese crime family was earning big money from its involvement in
>>>>>>the movement
>>>>>>of substandard and, at times actually rotten meat, that was being
>>>>>>sold into the
>>>>>>retail marketplace.
>>>>>>
>>>>>>
>>>>>>Dioguardi was a master fixer and controller of locals and unions
>>>>>>and, through
>>>>>>this influence, was able to manipulate opportunities for himself and
>>>>>>the
>>>>>>Lucchese family in a wide range of areas.
>>>>>>
>>>>>>
>>>>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>>>>one
>>>>>>particular company that showed his ability to corrupt and control.
>>>>>>
>>>>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>>>>salary of $250
>>>>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>>>>taken over
>>>>>>control of the business. He used this company as a vehicle to gain
>>>>>>control of
>>>>>>the low price kosher meat business. Essentially his method was to
>>>>>>take over an
>>>>>>organization, buy in supplies and create an extended line of credit,
>>>>>>never pay
>>>>>>his debtors, and when the business went bust, move on to the next
>>>>>>one.A salesman
>>>>>>for the company testified in 1969 that often the meat they delivered
>>>>>>to
>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>atrocity to
>>>>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>>>>went
>>>>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>>>>another
>>>>>>company called Tel Aviv. That company also went belly-up in due
>>>>>>course and he
>>>>>>then set up a firm called First National Kosher Provisions. And so
>>>>>>it went on.
>>>>>>Eventually the law caught up with him and he was indicted, and in
>>>>>>1967 was
>>>>>>sentenced to five years in prison and fined $10,000. By this time,
>>>>>>Dioguardi had
>>>>>>been connected to the Lucchese family for over thirty years.
>>>>>>Johnny Dio under arrest(AP)
>>>>>>
>>>>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>>>>on Forsythe
>>>>>>Street in Little Italy where his father Dominick owned a bicycle
>>>>>>shop there. By
>>>>>>1930, he was already at age fifteen an apprentice young hood. After
>>>>>>a year and a
>>>>>>half at Stuyvesant High School, he left to begin work. Through the
>>>>>>influence of
>>>>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>>>>and upcoming
>>>>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>>>>extortionist
>>>>>>working the Garment Center. He was also, as legend has it, one of
>>>>>>the gangsters involved in the so called "Murder Inc." group
>>>>>>that worked
>>>>>>out of Brownsville, East New York, in the 1930's carrying out
>>>>>>murders....Darkly handsome-so dark that he
>>>>>>was called
>>>>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>>>>pleasant smile,
>>>>>>well dressed, well barbered and well manicured, he was always
>>>>>>careful to give
>>>>>>the appearance of an urbane and successful businessman.In 1935,
>>>>>>Thomas Dewey,
>>>>>>the crusading New York DA, listed Dioguardi as among the most
>>>>>>dangerous hoods in
>>>>>>the city. And all this before he was twenty-one years old! In 1937
>>>>>>he got a
>>>>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>>>>his uncle
>>>>>>and several other mobsters for extortion and assault. They had been
>>>>>>extracting
>>>>>>$5000 from every trucker in the garment district, plus demanding a
>>>>>>premium on
>>>>>>every suit and coat made in the area.In 1944, he was indicted for
>>>>>>operating an
>>>>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>>>>and convicted
>>>>>>for failure to pay state income tax in connection with his continued
>>>>>>shakedown
>>>>>>of operators in the garment district. For that, he got sixty days.In
>>>>>>November
>>>>>>1957, he went on trial with some Teamster officials for shaking down
>>>>>>owners of
>>>>>>stationery stores. After a four week trial, he was convicted and
>>>>>>sentenced to
>>>>>>two years in jail.By the time he was forty, he was a "made man" in
>>>>>>the Gagliano
>>>>>>family which was now referred to as the Lucchese family, operating
>>>>>>as a capo, or
>>>>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>>>>in the family
>>>>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>>>>a member of
>>>>>>organized crime, generating in excess of $100,000 each week. He was
>>>>>>so rich, his
>>>>>>standard Christmas present to his wife was a shoe box stuffed with
>>>>>>$50,000 and a
>>>>>>sweet little note such as " buy yourself some nice clothes,
>>>>>>honey."He lived in
>>>>>>great style, wining and dining at the best hotels and restaurants in
>>>>>>town, but
>>>>>>always reserved Sundays to meet with family and friends, and prepare
>>>>>>lunch or
>>>>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>>>>an
>>>>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>>>>home in
>>>>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>>>>for $75,000
>>>>>>in the early 1960's. His legitimate business fronts which
>>>>>>contributed to his
>>>>>>significant tax returns each year, included many highly profitable
>>>>>>clothing
>>>>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>>>>which sold
>>>>>>promotional items to commercial establishments. One of their major
>>>>>>customers was
>>>>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>>>>legendary in the
>>>>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>>>>to Los
>>>>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>>>>Mafia
>>>>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>>>>labour from
>>>>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>>>>every important
>>>>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>>>>Senate
>>>>>>investigations named Dioguardi as one of the masterminds that
>>>>>>manipulated the
>>>>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>>>>airport that
>>>>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>>>>to become
>>>>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>>>>friend,
>>>>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>>>>the New York
>>>>>>area locals supported Hoffa, and this was necessary to swing enough
>>>>>>voters to
>>>>>>support his control of the mid western region, secured through the
>>>>>>Chicago Mob's
>>>>>>help. The solution was to create more locals: enough to establish a
>>>>>>majority.
>>>>>>This was done by setting up "paper" locals-locals with few if any
>>>>>>members-that
>>>>>>could swing the balance in the New York voting.Dioguardi engineered
>>>>>>the creation
>>>>>>of seven new Teamster unions. The extra supply of delegates from
>>>>>>these
>>>>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>>>>convention.
>>>>>>These seven locals were basically sham fronts, composed not of
>>>>>>working people,
>>>>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>>>>nomination.With hindsight
>>>>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>>>>Department,
>>>>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>>>>imprisonment
>>>>>>in 1967, release in 1971 and the events that led up to the fateful
>>>>>>rendezvous on
>>>>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>>>>went there to
>>>>>>meet up with three men. It was a rendezvous from which he never
>>>>>>returned,
>>>>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>>>>Briguglio, a
>>>>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>>>>testator who
>>>>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>>>>undoubtedly one of the
>>>>>>most powerful members of the Lucchese crime family. His influence
>>>>>>was felt in
>>>>>>many areas, particularly those relating to labor. He is remembered
>>>>>>however, more
>>>>>>than anything, for one especially terrible act.In the early hours of
>>>>>>Thursday
>>>>>>April 5th, 1956, a nationally known newspaper columnist and
>>>>>>commentator on labor
>>>>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>>>>41-year-old
>>>>>>Riesel was a crusading journalist, specializing in investigating
>>>>>>union
>>>>>>corruption and Mob-influenced officials. Writing for the Daily
>>>>>>Mirror, his
>>>>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>>>>two workers
>>>>>
>>>>>>from Local 138 of the International Operating Engineers Union out of
>>>>>
>>>>>>Long
>>>>>>Island. Run by father and son both called William DeKoning, they and
>>>>>>their local
>>>>>>were involved in shaking down contractors and were under
>>>>>>investigation by
>>>>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>>>>secretary, Betty
>>>>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>>>>late
>>>>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>>>>approached them and
>>>>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>>>>Hospital,
>>>>>>surgeons were unable to save his eyesight.
>>>>>>Victor Reisel
>>>>>>A federal investigation established the attacker was a twenty-two-
>>>>>>year-old hood
>>>>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>>>>Carlino and
>>>>>>paid $1,175 to do the job. The money had apparently been put up by
>>>>>>Dioguardi. As
>>>>>>publicity mounted, Tevi became convinced that he had been grossly
>>>>>>underpaid to
>>>>>>carry out a piece of work on such an important person and demanded
>>>>>>$50,000. What
>>>>>>he got instead was two bullets in the head, and his body was found
>>>>>>on July 28th,
>>>>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>>>>Although some
>>>>>>people were tried and convicted of the attack on Reisel, the two
>>>>>>prime witnesses
>>>>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>>>>and all
>>>>>>charges against Johnny Dio were dropped in May, 1957.
>>>>>>The assault on Victor Reisel brought a lot of pressure down on
>>>>>>Johnny Dio. The
>>>>>>very action that was aimed at removing a source of irritation,
>>>>>>resulted in far
>>>>>>more damage to his activities that could possibly have occurred had
>>>>>>the assault
>>>>>>not taken place.Despite all the other criminal acts that he was
>>>>>>involved in or
>>>>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>>>>Victor
>>>>>>Reisel." That reputation more than anything else guaranteed that the
>>>>>>police, FBI
>>>>>>and the media would never stop hounding him, and as a result, he
>>>>>>would
>>>>>>eventually spend the rest of his prime years in prison for other
>>>>>>crimes he
>>>>>>committed.Dioguardi always on the lookout for new rackets,
>>>>>>discovered the boom
>>>>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>>>>acquired
>>>>>
>>>>>>from a failing company for little or no money; the market would be
>>>>>
>>>>>>rigged in the
>>>>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>>>>then the
>>>>>>shares would be sold at vastly inflated prices-leaving the investors
>>>>>>to hold the
>>>>>>bag when the fraud was eventually exposed. However fate and the law
>>>>>>finally
>>>>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>>>>boss in the
>>>>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>>>>charges
>>>>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>>>>1973, and
>>>>>>sentenced to a further prison sentence, concurrent to the one he was
>>>>>>already
>>>>>>serving at Danbury Prison in connection with one of his kosher meat
>>>>>>company
>>>>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>>>>the same
>>>>>>year.
>>>>>>Johnny Dio going to prison one last time
>>>>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>>>>started young
>>>>>>at fifteen and had a perfect introduction into the world of crime
>>>>>>through the
>>>>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>>>>and polish
>>>>>>in an enviable mixture. He made the right kind of connections from
>>>>>>an early age.
>>>>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>>>>these
>>>>>>contacts throughout his career as a means of levering his scams and
>>>>>>extortion's
>>>>>>into huge, money-spinning ventures for himself and his crime family.
>>>>>>Like many
>>>>>>criminals, he obviously had the brains and ability to have succeeded
>>>>>>in
>>>>>>legitimate business, had he been that way inclined. The highest
>>>>>>earners in the
>>>>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>>>>lowest soldiers
>>>>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>>>>of their
>>>>>>scheming and scamming.
>>>>>>When he died in a Pennsylvania prison hospital, his passing
>>>>>>attracted no
>>>>>>newspaper attention. All his wealth and power and almost fifty years
>>>>>>of criminal
>>>>>>depravity seemed to count for nothing at all. It was as though he
>>>>>>had never
>>>>>>existed."
>>>>>>source:
>>>>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>>>>
>>>>>>2.html
>>>>>>
>>>>>>
>>>>>>"February 2001In The Money: Congressman James Traficant And His
>>>>>>Campaign
>>>>>>ContributorsBy James Ridgway de Szigethy
>>>>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>>>>corrupted labor
>>>>>>Unions and Middle Eastern political operatives are among those who
>>>>>>have
>>>>>>contributed to the past two re-election campaigns of Congressman
>>>>>>James
>>>>>>Traficant, an analysis of Federal Election Commission records
>>>>>>reveals. These
>>>>>>records, which are required filings under Federal Election law,
>>>>>>reveal 219
>>>>>>donations by individuals and 212 donations by Unions and Political
>>>>>>Action
>>>>>>Committees. 47 of the personal contributions came from outside the
>>>>>>State of
>>>>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>>>>individuals that
>>>>>>indicate a Middle Eastern background of the contributor. Among
>>>>>>the
>>>>>>contributors whose names would probably be recognized by most
>>>>>>Youngstown
>>>>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>>>>Russell
>>>>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>>>>and Gerald
>>>>>>Bostocky. Among the contributors whose names would probably NOT
>>>>>>be
>>>>>>recognized by most Youngstown residents are Virginia residents Ali
>>>>>>Asghar
>>>>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>>>>Javad
>>>>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>>>>Georgia
>>>>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>>>>Hessein
>>>>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>>>>Mahmoud
>>>>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>>>>a former
>>>>>>investigator for the District Attorney's office in Youngstown, was
>>>>>>indicted last
>>>>>>December on charges he bribed Judges to fix Court cases. Ed
>>>>>>Flask accepted
>>>>>>a plea bargain last year in which he pleaded guilty to felony
>>>>>>charges in regards
>>>>>>to his rip-off of nearly $2 million while running the public water
>>>>>>utility in
>>>>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>>>>bribery trial
>>>>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>>>>Mafia
>>>>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>>>>Traficant
>>>>>>bragging about how he laundered through Flask's law office part of
>>>>>>the $163,000
>>>>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>>>>that
>>>>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>>>>Flask which
>>>>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>>>>and murdered.
>>>>>>B & T Express employee Sam Traficanti was present during some of the
>>>>>>secret tape
>>>>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>>>>Traficant,
>>>>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>>>>Express also
>>>>>>donated to Traficant's campaign records show. Traficanti is not
>>>>>>related to
>>>>>>Congressman Traficant. Last September, the Congressman's employee
>>>>>>Anthony
>>>>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>>>>Cleveland.
>>>>>>Congressman Traficant has also received campaign contributions from
>>>>>>Youngstown
>>>>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>>>>has entered
>>>>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>>>>Terlecky, a
>>>>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>>>>bribes from
>>>>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>>>>same
>>>>>>authorities that are now involved in the investigation of
>>>>>>Congressman Traficant,
>>>>>>including two public figures who attended an anti-Mafia summit
>>>>>>meeting recently
>>>>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>>>>chairman of the
>>>>>>Mahoning County Board of Elections who is seeking information the
>>>>>>Congressman
>>>>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>>>>officials in
>>>>>>Youngstown. Terlecky also claims that it was he who found the
>>>>>>infamous
>>>>>>Carabbia tapes months before the FBI during an illegal search and
>>>>>>seizure
>>>>>>regarding an investigation into the murder of yet another Youngstown
>>>>>>Mafia
>>>>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>>>>that include
>>>>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>>>>recorded
>>>>>>months later than Terlecky's claims, when Traficant had just been
>>>>>>elected
>>>>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>>>>agent in
>>>>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>>>>1962. During
>>>>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>>>>fireworks
>>>>>>distributor Bruce Zoldan testified that Chance shook him down
>>>>>>for `tribute
>>>>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>>>>in with
>>>>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>>>>raided Zoldan's
>>>>>>fireworks business two days before their busiest moneymaking period,
>>>>>>the Fourth
>>>>>>of July. Zoldan would also testify that the Gambino Family led by
>>>>>>John Gotti
>>>>>>extorted a huge sum of money from him in order to do business in New
>>>>>>York. The
>>>>>>murder of Mafia figure Joey Naples, who was among those who
>>>>>>contributed to the
>>>>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>>>>for control
>>>>>>of the fireworks business. David Sugar pleaded guilty last year
>>>>>>to
>>>>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>>>>evidence
>>>>>
>>>>>>from the Grand Jury in Cleveland investigating financial dealings
>>>>>
>>>>>>between Sugar,
>>>>>>his construction company, and Congressman Traficant. Sugar is
>>>>>>expected to
>>>>>>testify against Traficant at any future criminal proceedings, as is
>>>>>>Traficant's
>>>>>>former employee on his horse farm, Clarence Broad. In November of
>>>>>>last year,
>>>>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>>>>a woman who
>>>>>>was expected to give damaging testimony against Traficant before the
>>>>>>Grand Jury
>>>>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>>>>those who have
>>>>>>given money to Traficant's campaign, responded by alleging in
>>>>>>Federal Court that
>>>>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>>>>guilty. Judge
>>>>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>>>>claims and
>>>>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>>>>2000
>>>>>>Traficant accepted donations from controversial activist James
>>>>>>Zogby, President
>>>>>>of the Arab American Institute. Zogby was recently in the news last
>>>>>>October,
>>>>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>>>>outrage
>>>>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>>>>terrorism expert
>>>>>>Steven Emerson: "Zogby has not only made comments that are
>>>>>>incendiary but he has
>>>>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>>>>supported the
>>>>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>>>>bombing of
>>>>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>>>>December, 1988,
>>>>>>killing 270 people, including 35 Syracuse University students.
>>>>>>On June 29,
>>>>>>1993, Senator John McCain entered into the Congressional Record a
>>>>>>public
>>>>>>challenge to the FBI and the Justice Department to share information
>>>>>>on the
>>>>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>>>>organization that
>>>>>>was involved in a clandestine effort to influence public policy
>>>>>>through an
>>>>>>organized campaign of directing contributions to the campaigns of
>>>>>>selected
>>>>>>members of Congress. Said the Senator: "Given the charges made in a
>>>>>>previous FBI
>>>>>>report that the PMOI has a history of terrorism, an anti-Western
>>>>>>ideology, and
>>>>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>>>>concern to all
>>>>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>>>>East Data
>>>>>>Project, identified four members of Congress as recipients of
>>>>>>campaign donations
>>>>>
>>>>>>from alleged associates of the PMOI. Those four were Robert
>>>>>
>>>>>>Torricelli of New
>>>>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>>>>Traficant of
>>>>>>Ohio. To date, none of these individuals have been charged with
>>>>>>making illegal
>>>>>>campaign contributions. However, Senator Torricelli is currently in
>>>>>>the news
>>>>>>defending himself against a Chinese fundraiser named David Chang,
>>>>>>who has
>>>>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>>>>1996 campaign.
>>>>>>Numerous recent Media reports show that the Feds are now nearing the
>>>>>>conclusion
>>>>>>of an investigation that began with reports of impropriety regarding
>>>>>>contributions to Torricelli's 1996 campaign. Congressman
>>>>>>Traficant has
>>>>>>developed a huge following in the Arab and Muslim countries in the
>>>>>>Middle East
>>>>>>because of his passionate public support for accused terrorists
>>>>>>Abdel Basset Ali
>>>>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>>>>bombing of Pan Am
>>>>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>>>>trial in
>>>>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>>>>camp guard
>>>>>>responsible for the murders of thousands of Jews during World War
>>>>>>II. Demjanjuk
>>>>>>was convicted and sentenced to death, although the Israeli Supreme
>>>>>>Court later
>>>>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>>>>to personally
>>>>>>escort the accused murderer back to the United States. In the
>>>>>>case of the
>>>>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>>>>in this
>>>>>>matter at a press conference in 1989, at which he claimed that the
>>>>>>bombing was
>>>>>>the result of a joint Syrian/CIA operation. ABC News London
>>>>>>correspondent Pierre
>>>>>>Salinger then picked up the story, utilizing Traficant, government
>>>>>>informant
>>>>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>>>>Coleman
>>>>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>>>>story was a
>>>>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>>>>fraud
>>>>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>>>>Aviv's
>>>>>>indictment Congressman Traficant found a replacement in Boris de
>>>>>>Korczak as his
>>>>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>>>>is best known
>>>>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>>>>he had been
>>>>>>recruited by the CIA as a double agent against the KGB, that
>>>>>>his `cover' had
>>>>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>>>>with the
>>>>>>KGB during a car chase through the streets of Copenhagen, and that
>>>>>>his CIA case
>>>>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>>>>$300,000 in
>>>>>>exchange for the promise of help in obtaining the pension he claimed
>>>>>>was owed
>>>>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>>>>kidney 4
>>>>>>months later by an unknown assailant armed with a pellet gun. The
>>>>>>CIA denied
>>>>>>Boris' claims he was owed monetary compensation and also denied any
>>>>>>of its
>>>>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>>>>and the
>>>>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>>>>and his
>>>>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>>>>Al-Megrahi
>>>>>>was recently convicted as the terrorist who planted the bomb that
>>>>>>destroyed Pan
>>>>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>>>>addition to
>>>>>>receiving campaign money from convicted Mafia figures and Middle
>>>>>>Eastern
>>>>>>political operatives, FEC documents also detail contributions made
>>>>>>to
>>>>>>Traficant's campaign from Unions that have been involved in
>>>>>>corruption scandals
>>>>>>in recent years. Those Unions include the American Federation of
>>>>>>State, County,
>>>>>>& Municipal Employees, the Communications Workers of America, the
>>>>>>Transport
>>>>>>Workers Union, and the UFCW. Traficant has also received
>>>>>>donations from the
>>>>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>>>>President
>>>>>>campaign, and the National Education Association Fund for Children
>>>>>>and Public
>>>>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>>>>Association of
>>>>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>>>>degree to
>>>>>>have ever beaten a Federal racketeering trial by acting as his own
>>>>>>attorney.
>>>>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>>>>confession
>>>>>>after agents played for him excerpts from the Carabbia tapes.
>>>>>>Traficant then
>>>>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>>>>Flask's
>>>>>>partner, who is today the President of the Cleveland Browns
>>>>>>professional
>>>>>>football team. However, after Traficant went public with charges
>>>>>>that just about
>>>>>>every public official in Youngstown was involved with the Mafia,
>>>>>>Policy dumped
>>>>>>Traficant as his client. Traficant then made a bold - and some would
>>>>>>say insane
>>>>>>- decision to renounce his confession and stand trial, acting as his
>>>>>>own
>>>>>>attorney. Traficant explained to the jury that he only accepted the
>>>>>>Mafia bribe
>>>>>>money so he would know whom to arrest for corruption once elected
>>>>>>Sheriff. After
>>>>>>four days of deliberations, the jury returned a verdict that stunned
>>>>>>the
>>>>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>>>>Traficant then
>>>>>>turned the publicity over his acquittal to his advantage and was
>>>>>>elected to
>>>>>>Congress in 1984. However, three years later he was again in Court,
>>>>>>facing civil
>>>>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>>>>Representing him was
>>>>>>attorney George Alexander, who has since been convicted of
>>>>>>racketeering with the
>>>>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>>>>civil trial
>>>>>>and ordered to pay back taxes, fines, and interest. For many
>>>>>>months now,
>>>>>>Traficant has been predicting during public appearances that he
>>>>>>expects to be
>>>>>>indicted - again - by the Federal authorities in Cleveland who have
>>>>>>to date
>>>>>>convicted over 70 public officials, many of whom are associates of
>>>>>>the
>>>>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>>>>JAMESDE@prodigy.net.
>>>>>>
>>>>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>>>>above material appeared in
>>>>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>>>>just Google that title to read the rest of the material
>>>>>>
>>>>>>material below is from:
>>>>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>>>>other unions, such as the Union of Painters and Allied Trades,
>>>>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>>>>(1978).
>>>>>> 19. See infra Table II.
>>>>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>>>>
>>>>>>material below appeared at
>>>>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>>>>Fuel Tax Evasion Highlights, March 1995
>>>>>>Volume 4, Number 1 March 1995
>>>>>>
>>>>>>--------------------------------------------------------------------------------
>>>>>>IN THE NEWS
>>>>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>>>>1980's who turned government informant and was subsequently booted out
>>>>>>of the witness protection program and is now wanted by Texas
>>>>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>>>>before he and 7 others were to begin trial. Balagula is already
>>>>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>>>>Dept. of Justice Press Release, 11/4/94
>>>>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>>>>Columbus Dispatch, 12/24/94
>>>>>>The worldwide activities of Russian organized crime and its ability to
>>>>>>bilk companies, governments and individuals out of billions of dollars
>>>>>>through sophisticated fraud and theft schemes is described in two
>>>>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>>>>6/94
>>>>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>>>>State Journal, 11/1/94
>>>>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>>>>charges growing out of the Operation Red Daisy investigation conducted
>>>>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>>>>12/16/94
>>>>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>>>
>>>>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>>>
>>>>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>>>>free diesel fuel and used transformer oil from suppliers and utility
>>>>>>companies using false documents showing the fuel was destined for
>>>>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>>>>Week, 5/30/94;
>>>>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>>>>excess of $475,000. Press Release, Travis County D.A.
>>>>>>The State of Maryland filed tax assessments of over $300,000 against
>>>>>>two trucking companies and a fuel oil distribution firm for using home
>>>>>>heating oil in trucks. Six other companies are expected to receive
>>>>>>assessments. The assessments stem from a joint investigation by the MD
>>>>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>>>>6/20/94; Washington Times, 6/10/94
>>>>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>>>>Star, 1/14/95
>>>>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>>>>to 54 criminal counts, including failing to pay more than $24 million
>>>>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>>>>substandard gas in connection with their 200 gas stations. Under a
>>>>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>>>>than 8 years in State prison. The amount of restitution could be as
>>>>>>much as $800 million. The Lazars operated California Target
>>>>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>>>>Service Stations, and Challenge Marketing. The firms are pending
>>>>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>>>>9/26/94; L.A. Times, 9/27/94
>>>>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>>>>Revenue Department special agents who are trained in investigating
>>>>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>>>>TX)
>>>>>>DYED DIESEL ENFORCEMENT
>>>>>>Truckers are warned not to run on red diesel and urged to do visual
>>>>>>checks when refueling.
>>>>>>Transport Topics, 10/24/94
>>>>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>>>>11/7/94
>>>>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>>>>WANT TO KNOW MORE?
>>>>>>For more information or updates to the mailing list, call Linda
>>>>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>>>>20590.
>>>>>>FAX back address corrections or additions to: 202-366-7696
>>>>>>
>>>>>
>>>>>I agree completely with that one part about that one guy
>>>>>who said something about something or other.
>>>>>
>>>>>Discuss!
>>>>
>>>>I'm proud to be a union man. I pay my dues when I can... yeah.
>>>
>>>Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
>>>to chat with you anyway, you know, just to "see how the other half
>>>live," and all. Anyway, what's up?
>>
>>Not much here, i had a favorite fan of yours talking to one of my
>>bots, recently.
>
>
> I talk to my dogs sometimes.

typical. I talk to my bots, but usually only when they **** up, and
usually in no uncertain terms, then i kill them.


> ---
> This is the .sig file of His AssHoliness, Raoul Xemblinosky mhm 15x12
> http://www.experiencefestival.com/raoul_xemblinosky
> http://memweb.newsguy.com/~shpxurnq

--
And lo, it was evening and it was morning and there
were already two ways to store Unicode.
http://video.google.com/googleplayer.swf?docId=8245476550623867087

 

[??? rrock]

Wavy G wrote:

> Don't fight it, ??? rrock...Just lie down and try to relax:
>
>
>>
>>Wavy G wrote:
>>
>>
>>>Don't fight it, ??? rrock...Just lie down and try to relax:
>>>
>>>
>>>
>>>>Wavy G wrote:
>>>>
>>>>
>>>>
>>>>>Don't fight it, J. Raoul Xemblinosky...Just lie down and try to relax:
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>>On Sun, 11 Nov 2007 15:58:05 -0600, ??? rrock <invalid@address.here>
>>>>>>wrote:
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>>reallyveryradical wrote:
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>>Can We Stop The Demobrocrats
>>>>>>>>
>>>>>>>>WASHINGTON-Organized labor is enormously influential in the Democratic
>>>>>>>>primary, as the campaigns of 2008 presidential candidates seek
>>>>>>>>endorsements from the major labor federations and member unions.
>>>>>>>>In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
>>>>>>>>forums-two in Chicago-will feature presidential candidates. There's a
>>>>>>>>lot of schedule jockeying on Monday. Before heading to Washington,
>>>>>>>>Obama has an economics speech in New York City in the morning and
>>>>>>>>Clinton delivers her plan to deliver universal health care coverage in
>>>>>>>>Iowa.
>>>>>>>>
>>>>>>>> On Monday and Tuesday, LIUNA-the Laborers' International Union of
>>>>>>>>North America hosts a Leadership Conference at the Chicago Sheraton
>>>>>>>>Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
>>>>>>>>Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
>>>>>>>>attend"
>>>>>>>>above from
>>>>>>>>http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
>>>>>>>>
>>>>>>>>In the Matter of Alan D. Wasserman
>>>>>>>>
>>>>>>>>Laborers' International Union of North America
>>>>>>>>Independent Hearing Officer
>>>>>>>>Docket No. 97-57D
>>>>>>>>Decided October 7, 1998
>>>>>>>>Order and Memorandum
>>>>>>>>This Order and Memorandum supercedes the Order and Memorandum of
>>>>>>>>August 28, 1998 ("August 28 Order"). This Order and Memorandum
>>>>>>>>addresses objections to the August 28 Order filed by Attorney Arnold
>>>>>>>>J. Gold on behalf of the Respondent. The procedural history of this
>>>>>>>>matter is discussed below in detail.
>>>>>>>>This matter comes before the Laborers' International Union of North
>>>>>>>>America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
>>>>>>>>LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
>>>>>>>>On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
>>>>>>>>Attorney") filed Disciplinary Charges against Alan D. Wasserman
>>>>>>>>("Wasserman"), alleging violations of federal law and the EDP.
>>>>>>>>Specifically, Wasserman is charged with knowingly associating with a
>>>>>>>>La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
>>>>>>>>labor payoffs from contractors, offering to allow employers to pay
>>>>>>>>LIUNA members less than union-scale wages and benefits, and
>>>>>>>>obstructing the GEB Attorney and the Inspector General ("IG").
>>>>>>>>A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
>>>>>>>>did not appear at the hearing, but was represented by counsel, Arnold
>>>>>>>>Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
>>>>>>>>client was depressed and unable to assist him in his defense. In
>>>>>>>>support, Gold presented a letter of a medical doctor who stated that
>>>>>>>>Wasserman suffered from a "Major Depressive Disorder," resulting in
>>>>>>>>anger and depression. IHO Exhibit 1. The letter gave no opinion that
>>>>>>>>such a disorder rendered him unable to assist in his defense but
>>>>>>>>merely indicated that Wasserman's ability to testify was impaired.
>>>>>>>>Id. No evidence was offered to show Wasserman could not aid in his
>>>>>>>>defense. I decided to proceed with the hearing but told Gold that if
>>>>>>>>he desired an additional session to present new evidence based on the
>>>>>>>>cooperation of his client, he should inform me and a hearing would be
>>>>>>>>arranged.
>>>>>>>>At the conclusion of the hearing, I instructed both parties to inform
>>>>>>>>me by June 15, 1998, whether they wished the record to remain open
>>>>>>>>pending the submission of additional evidence. The parties were also
>>>>>>>>instructed to submit post-hearing briefs three weeks following June
>>>>>>>>15, 1998. I stated "You have until June 15th to let me know what
>>>>>>>>other plans you have, whether to close or keep the record open."
>>>>>>>>Hearing Transcript of May 27, 1998 ("Tr.") 220.
>>>>>>>>On June 12, 1998, the GEB Attorney requested that the matter remain
>>>>>>>>open until July 13, 1998. The request was granted. On July 13, 1998,
>>>>>>>>the GEB Attorney filed a motion to admit testimony regarding a
>>>>>>>>confidential witness. On July 14, 1998, the GEB Attorney filed the
>>>>>>>>original and one copy of all exhibits presented at the May 27, 1998
>>>>>>>>hearing. Wasserman filed no response to the motion to admit the
>>>>>>>>confidential witness testimony.
>>>>>>>>>From the date of the hearing on May 27, 1998, Wasserman made no
>>>>>>>>communication with my office. Attorney Gold made no effort to contact
>>>>>>>>my office regarding his client's mental status or his intention to
>>>>>>>>offer any additional evidence. I filed the August 28 Order which
>>>>>>>>dealt with the merits of the case. On September 2, 1998, Attorney
>>>>>>>>Gold by letter to my office complained of not having had an
>>>>>>>>opportunity to present a defense or file a post-hearing brief. Gold's
>>>>>>>>letter was Wasserman's first contact with my office in over three
>>>>>>>>months. I issued an Order placing the August 28 Order in suspense and
>>>>>>>>treating the August 28 Order as a proposed Order. See IHO Order
>>>>>>>>September 4, 1998. I permitted both parties to file written
>>>>>>>>objections and conclusions to the proposed order with arguments to
>>>>>>>>support their conclusions. I clearly stated that objections and
>>>>>>>>arguments were to be filed by September 28, 1998. Despite the
>>>>>>>>September 4, 1998 Order, Attorney Gold sent my office a letter
>>>>>>>>indicating he wished to discuss a timetable for the completion of
>>>>>>>>evidence after October 1, 1998, including the possibility of having
>>>>>>>>his client testify. I denied Gold's request to hold the record open
>>>>>>>>until after October 1, 1998, but gave Attorney Gold until October 2,
>>>>>>>>1998, to file objections to the August 28 Order. I also requested
>>>>>>>>Attorney Gold to include an affidavit outlining the proposed testimony
>>>>>>>>of Wasserman. Gold filed timely objections. In his objections, Gold
>>>>>>>>asserted that Wasserman was able to appear and testify; however, he
>>>>>>>>did not submit any proposed testimony by Wasserman as requested. I
>>>>>>>>find that there is no credible evidence that Wasserman ever intended
>>>>>>>>to appear.
>>>>>>>>Qualification Of Expert Witnesses
>>>>>>>>The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
>>>>>>>>("Schaffler") as expert witnesses.
>>>>>>>>Jack Elko
>>>>>>>>Elko was a police officer for 25 years. Tr. 104. During the last 14
>>>>>>>>of those years, Elko specialized in organized crime investigations for
>>>>>>>>the Division of Criminal Justice of the Office of the Attorney General
>>>>>>>>of New Jersey. Id. Prior to his employment with the Division of
>>>>>>>>Criminal Justice, Elko was employed as an investigator with Morris
>>>>>>>>County in Morristown, New Jersey. He attended numerous service
>>>>>>>>schools, including the New Jersey State Police Academy, courses
>>>>>>>>offered by the Division of Criminal Justice, Seton Hall Law School and
>>>>>>>>the Federal Bureau of Investigation ("FBI") on organized crime and the
>>>>>>>>illegal activity usually perpetrated by organized crime. Tr. 105.
>>>>>>>>Elko testified in this proceeding as an expert in the make-up and
>>>>>>>>structure of organized crime, specifically in the Newark area. This
>>>>>>>>technique has been accepted in similar union disciplinary matters.
>>>>>>>>See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
>>>>>>>>914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
>>>>>>>>Talerico), 941 F.2d 1292 (2d Cir. 1991).
>>>>>>>>Elko used tested and accepted investigative techniques to verify the
>>>>>>>>credibility of the individuals whose information he related at the
>>>>>>>>hearing. Elko testified as to information and hearsay statements of
>>>>>>>>five named witnesses. Tr. 109-158. In similar circumstances, the
>>>>>>>>court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
>>>>>>>>at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
>>>>>>>>weight to hearsay declarations of three LCN members that were related
>>>>>>>>by an FBI agent. The court used a number of factors to evaluate the
>>>>>>>>reliability of the statements. The court noted that the statements
>>>>>>>>corroborated each other in crucial respects, the reports painted a
>>>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>>>statements matched the FBI agent's declaration in the subject matter.
>>>>>>>>Id. The court held that these declarations constituted relevant
>>>>>>>>evidence that a reasonable mind might accept on the subject of
>>>>>>>>association with organized crime. Id.
>>>>>>>>I find that Elko is a qualified witness, expert in organized crime
>>>>>>>>matters, and his testimony, in conformance with accepted investigative
>>>>>>>>techniques, is reliable.
>>>>>>>>Elko related information given to him by five named individuals
>>>>>>>>described below, three of whom have cooperated with federal
>>>>>>>>authorities and two of whom are law enforcement officers.
>>>>>>>>Rocco Cagno
>>>>>>>>Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
>>>>>>>>family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
>>>>>>>>109. Cagno became a made member in 1987; thereafter, he was
>>>>>>>>incarcerated. The record does not reflect the reason for his
>>>>>>>>incarceration.
>>>>>>>>He was released from prison in 1990 and his movements were monitored
>>>>>>>>by an electronic bracelet. As a condition of his release, Cagno was
>>>>>>>>required to gain employment. He became employed by Local 342 through
>>>>>>>>the influence of Colombo family members and Anthony Proto, who was
>>>>>>>>then the Business Manager of Local 342. Tr. 114. Cagno is currently
>>>>>>>>in the Federal Witness Protection Program. Elko had the opportunity
>>>>>>>>to speak with Cagno in October 1997 concerning the various organized
>>>>>>>>crime affiliations within Local 342. Tr. 109.
>>>>>>>>Thomas Ricciardi and Anthony Tumac Accetturo
>>>>>>>>Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
>>>>>>>>both made members of the Lucchese organized crime family and are also
>>>>>>>>in the Federal Witness Protection Program. Tr. 117. Accetturo had
>>>>>>>>been the acting boss of the New Jersey faction of the Lucchese
>>>>>>>>family. Id.
>>>>>>>>Steve Montgomery and Lt. Dennis Masucci
>>>>>>>>Elko also based his opinion on information supplied to him by two law
>>>>>>>>enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
>>>>>>>>Montgomery ("Montgomery"). Masucci is a law enforcement officer from
>>>>>>>>the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
>>>>>>>>information provided by Masucci is based upon confidential informant
>>>>>>>>sources proven reliable in the past, who gave Masucci information
>>>>>>>>which resulted in the arrest of organized crime members, including
>>>>>>>>Gambino organized crime family members in Essex County. Tr. 128.
>>>>>>>>Montgomery is an FBI Special Agent in Newark, New Jersey and had been
>>>>>>>>assigned to the Gambino family organized crime unit. Tr. 127.
>>>>>>>>Montgomery's information is also based on his personal investigation
>>>>>>>>and confidential sources.
>>>>>>>>The testimony of Cagno, Ricciardi and Accetturo are corroborated by
>>>>>>>>each other and by the information supplied by Masucci and
>>>>>>>>Montgomery.
>>>>>>>>Jeffrey Schaffler
>>>>>>>>Schaffler was a federal agent for approximately 30 years. Tr. 160.
>>>>>>>>He spent his last years as a special agent with the Office of Labor
>>>>>>>>Racketeering, United States Department of Labor ("DOL"). Id.
>>>>>>>>Schaffer has been a supervisory special agent for DOL, and thereafter,
>>>>>>>>an assistant special agent in charge of a DOL investigation office.
>>>>>>>>Id. Schaffler is currently under contract to the Office of the
>>>>>>>>Inspector General of the Port Authority of New York and New Jersey.
>>>>>>>>His duties involve investigation of contractors who do business with
>>>>>>>>the Port Authority, the operation of construction projects, the manner
>>>>>>>>in which construction bids are made, contract fraud and wage and hour
>>>>>>>>issues. Tr. 159-60. Schaffler testified in this proceeding in the
>>>>>>>>capacity of an expert in the labor field.
>>>>>>>>I find that Schaffler is a qualified expert witness in the labor
>>>>>>>>field.
>>>>>>>>Findings of Fact
>>>>>>>>Structure of Organized Crime
>>>>>>>>1. The LCN is a tightly structured
>>>>>>>>criminal organization which operates in various cities throughout the
>>>>>>>>United States. It is in the business of crime for a profit.[1]
>>>>>>>>2. The LCN is comprised of groups of individuals organized into
>>>>>>>>entities called families. Tr. 105.
>>>>>>>>3. A typical LCN family structure consists of the head (the
>>>>>>>>"boss"), his assistant (the "underboss"), and an advisor (the
>>>>>>>>"consigliere"). The boss, underboss, and consigliere oversee the
>>>>>>>>activities of LCN members and their associates. LCN members within a
>>>>>>>>family operate in small groups called "crews" which are headed by men
>>>>>>>>called "capos" or "crew bosses." Tr. 106.
>>>>>>>>4. A "made member" is an individual within an LCN family who
>>>>>>>>has undergone an initiation process and sworn allegiance to that
>>>>>>>>family putting the family above everything else. Tr. 106. See also
>>>>>>>>United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
>>>>>>>>5. An "associate" is an individual who works under a capo and
>>>>>>>>assists made members, but who has not been formally initiated into the
>>>>>>>>family. Tr. 106. An associate may either earn his living by
>>>>>>>>performing illegal acts on behalf of an LCN family or he may have an
>>>>>>>>ostensibly legitimate job while at the same time assisting a
>>>>>>>>particular LCN family in the acquisition of profits and monies. Tr.
>>>>>>>>129-30.
>>>>>>>>6. Both members and associates engage in activities which bring
>>>>>>>>money to an organized crime family. Tr. 106. Traditionally, an
>>>>>>>>associate could only become a made member by participating in the
>>>>>>>>murder of an individual. In more recent times, an associate may
>>>>>>>>become a made member based upon the benefits he is able to produce for
>>>>>>>>that family, such as earning large sums of money or exercising
>>>>>>>>influence in business or politics. Tr. 106-07.
>>>>>>>>7. A number of LCN families are located in the New York/New
>>>>>>>>Jersey area, including the Gambino, Lucchese, and Colombo families.
>>>>>>>>The LCN's History Of Control Over Local 342
>>>>>>>>8. The evidence presented during the hearing establishes by a
>>>>>>>>preponderance of the evidence that Local 342 in Newark, New Jersey has
>>>>>>>>been subject to LCN control for many years.
>>>>>>>>9. From at least the 1970's, the Gambino and Colombo organized
>>>>>>>>crime families have shared control of Local 342. Tr. 110. The two
>>>>>>>>families shared illegal profits from contractors within their
>>>>>>>>jurisdiction by soliciting money for labor peace and outright
>>>>>>>>extortion. Tr. 110, 114, 131. Members and associates of both
>>>>>>>>families were placed on the labor payroll with various contractors
>>>>>>>>through Local 342. Tr. 110, 114. The relationship between the two
>>>>>>>>families later shifted to an arrangement where the Colombo family
>>>>>>>>received preferential treatment for placement of workers at particular
>>>>>>>>contract sites, but no longer shared in racketeering labor profits.
>>>>>>>>Tr. 111-12.
>>>>>>>>10. The New Jersey Organized Crime Task Force ("Task Force") was
>>>>>>>>created by the State of New Jersey in 1986. Tr. 132. From that time
>>>>>>>>to the present, the Task Force and other law enforcement entities have
>>>>>>>>documented the Gambino family infiltration of Local 342. Id.
>>>>>>>>11. Paul Castellano ("Castellano") was the boss of the Gambino
>>>>>>>>family in New York. After Castellano's murder in December 1985, he
>>>>>>>>was succeeded by John Gotti ("Gotti") in January 1986. Id.
>>>>>>>>12. Michael Mandaglia ("Mandaglia") had been the Business Manager
>>>>>>>>of Local 342 for several years prior to the Task Force's creation in
>>>>>>>>1986. Id. According to Elko, court authorized electronic surveillance
>>>>>>>>revealed that Mandaglia had given Castellano $5,000 a year from the
>>>>>>>>New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
>>>>>>>>Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
>>>>>>>>a year. Id. Bisaccia was a Gambino family member later incarcerated
>>>>>>>>for racketeering. Tr. 138.
>>>>>>>>13. In 1986, Mandaglia retired from Local 342 and was succeeded as
>>>>>>>>Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
>>>>>>>>made member of the Gambino family. Tr. 117, 133.
>>>>>>>>14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
>>>>>>>>coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
>>>>>>>>assault was a result of the vendor's failure to pay Andrade $500 a
>>>>>>>>month for permission to park the vendor's vehicle on a particular
>>>>>>>>street corner in Newark. Tr. 134. The vendor's vehicle was smashed
>>>>>>>>with a sledgehammer. Id. The police responded and, after a period of
>>>>>>>>time, Andrade was arrested. Id. Months later, with the victim's
>>>>>>>>approval, the charges were downgraded to simple assault, not pursued,
>>>>>>>>and the vendor immediately left New Jersey and moved to South
>>>>>>>>Carolina. Id.
>>>>>>>>15. At the time of the assault, Andrade was a shop steward of
>>>>>>>>Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
>>>>>>>>that Andrade's accomplice for the assault was Wasserman, who at the
>>>>>>>>time was an employee of Local 342. Id.
>>>>>>>>16. In 1987, the Task Force launched an investigation into
>>>>>>>>organized crime influence in New Jersey. The investigation employed
>>>>>>>>court authorized electronic surveillance and other investigative
>>>>>>>>techniques. The investigation resulted in the indictment of numerous
>>>>>>>>Gambino family members for labor racketeering in New Jersey, one of
>>>>>>>>whom was Proto, the former Business Manager for Local 342. Tr. 133.
>>>>>>>>Proto was convicted and incarcerated for labor racketeering in 1993.
>>>>>>>>Tr. 110. Proto was later permanently expelled from LIUNA in a
>>>>>>>>separate disciplinary action. See In the Matter of Anthony Proto, IHO
>>>>>>>>Order and Memorandum, 97-09D (March 26, 1998).
>>>>>>>>17. After Proto's incarceration in 1993, he unofficially appointed
>>>>>>>>his son, James Proto, as the Business Manager of Local 342. Tr. 133.
>>>>>>>>Andrade became a Business Agent of Local 342 at that time, assisting
>>>>>>>>James Proto with his duties. Tr. 134.
>>>>>>>>18. While Andrade was Business Agent and James Proto was Business
>>>>>>>>Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
>>>>>>>>147.
>>>>>>>>19. James Vallaro ("Vallaro") was an associate of the Gambino
>>>>>>>>family in Staten Island, New York. Vallaro's father was a made member
>>>>>>>>of the Gambino family and a high volume bookmaker. Tr. 135.
>>>>>>>>Following the 1993 convictions of other Gambino family members,
>>>>>>>>Vallaro moved to New Jersey and became a member of Local 342. Id.
>>>>>>>>20. At the time of his move, Vallaro was unknown to law
>>>>>>>>enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
>>>>>>>>presence and involvement in the LCN through electronic surveillance
>>>>>>>>which he supervised for the Organized Crime Bureau. Tr. 135. The
>>>>>>>>information about Vallero which Elko obtained from the surveillance
>>>>>>>>was verified by Cagno. Tr. 136.
>>>>>>>>21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
>>>>>>>>Local 342. Juicy DiModica was also made member of the Gambino family
>>>>>>>>and responsible for the New Jersey area, including all the Gambino
>>>>>>>>family members and associates within Local 342. Tr. 109, 113.
>>>>>>>>22. As a result of the 1993 incarcerations of Proto and Robert
>>>>>>>>Bisaccia, former Vice President of Local 342, Juicy DiModica was
>>>>>>>>elevated to acting capo of the Gambino family. Tr. 115-116. Elko
>>>>>>>>testified that he learned this fact from intelligence sources,
>>>>>>>>discussions with Cagno and interviews with other organized crime
>>>>>>>>members, including Ricciardi and Accetturo. Tr. 117-19.
>>>>>>>>23. After Proto's incarceration, Cagno became concerned about the
>>>>>>>>distribution of money and work for the Colombo family members within
>>>>>>>>Local 342. Tr. 116. Cagno related his concerns to members of the New
>>>>>>>>York City Colombo family. Id. Cagno was approached within the next
>>>>>>>>week by Andrade at a Local 342 membership meeting. Id. Andrade
>>>>>>>>requested that Cagno attend a meeting with Juicy DiModica at the
>>>>>>>>Kenilworth Inn on the Garden State Parkway. Id.
>>>>>>>>24. Cagno and Juicy DiModica, as representatives of their
>>>>>>>>respective families, attended certain meetings at the Kenilworth Inn.
>>>>>>>>Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
>>>>>>>>James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
>>>>>>>>DiModica and the Gambino family. Tr. 114.
>>>>>>>>25. Vallaro assisted Juicy DiModica in the day-to-day operations
>>>>>>>>of Local 342 for the Gambino family. Tr. 135. The now public
>>>>>>>>electronic surveillance revealed that Vallaro met on a daily basis
>>>>>>>>with Andrade to discuss labor issues within Local 342. Tr. 138.
>>>>>>>>During a 30-day period, 30 telephone calls were intercepted, both
>>>>>>>>incoming and outgoing, from Vallaro's and Andrade's homes regarding
>>>>>>>>labor issues and Local 342. Id.
>>>>>>>>26. Conversations over prison telephones of Proto, Casarro, and
>>>>>>>>Bisaccia were intercepted and monitored. Id.
>>>>>>>>27. In April 1994, a conversation was intercepted between Joseph
>>>>>>>>Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
>>>>>>>>Vallaro told Cassarro that he and Juicy DiModica had met with the
>>>>>>>>consigliere of the Gambino family in New York. Id. Joseph Vallaro
>>>>>>>>told Cassarro that James Proto, the Business Manager of Local 342, was
>>>>>>>>not making any money for them and that they would be broke in two
>>>>>>>>months. Elko testified that he understood this conversation to mean
>>>>>>>>that James Proto was not being forceful enough in extracting money
>>>>>>>
>>>>>>>>from contractors for Local 342. Id.
>>>>>>>
>>>>>>>
>>>>>>>>28. Elko testified that after the Vallaro/Cassarro telephone
>>>>>>>>conversation, James Proto remained Business Manager of Local 342 for
>>>>>>>>approximately one year. Id. James Proto was replaced by Wasserman.
>>>>>>>>Id.
>>>>>>>>VHR Construction
>>>>>>>>Charge I:
>>>>>>>>In or around December 1995, Alan D. Wasserman, while a member and
>>>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>>>or a thing of value from VHR Construction, an employer engaged in an
>>>>>>>>industry affecting interstate commerce, when Wasserman asked for a
>>>>>>>>payoff in form of a "Christmas gift" while being a Union member and
>>>>>>>>representative (29 U.S.C. ?186(b)(1)).
>>>>>>>>Charge II:
>>>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>>>employer while being a Union member and representative, in violation
>>>>>>>>of the "Business and Financial Activities of Union Officials" Chapter,
>>>>>>>>Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
>>>>>>>>Practices Code.
>>>>>>>>29. In 1995, the LIUNA IG's Office in Washington received
>>>>>>>>information from New Jersey Regional Vice President, Ray Pocino, that
>>>>>>>>a contractor who desired confidentiality had alleged that Wasserman
>>>>>>>>had demanded $25,000 from a contractor in New Jersey, possibly at the
>>>>>>>>Newark International Airport, and had caused the contractor's
>>>>>>>>equipment to be damaged. The contractor stated specifically that one
>>>>>>>>piece of equipment was filled with concrete and another piece was
>>>>>>>>pushed off a floor of a building. Tr. 20. Although this statement is
>>>>>>>>pure hearsay, the specificity of the description of the damage is
>>>>>>>>corroborated later in interviews with a company official.
>>>>>>>>30. The IG sent investigators to Newark to verify the
>>>>>>>>allegations. Id.
>>>>>>>>31. VHR Construction was a general contractor at the Newark
>>>>>>>>Airport and signatory to a collective bargaining agreement with Local
>>>>>>>>342. Tr. 21, 23.
>>>>>>>>32. Victor Wortman ("Wortman") is the president and owner of VHR
>>>>>>>>Construction. Tr. 21.
>>>>>>>>33. In March 1996, IG Inspectors met with Wortman at his office in
>>>>>>>>Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
>>>>>>>>company was not the victim of the equipment damage, but he had heard
>>>>>>>>about the incident. Tr. 22.
>>>>>>>>34. Wortman said he knew Wasserman was working as the shop steward
>>>>>>>>at Wortman's job site at the Newark Airport. Tr. 22-24.
>>>>>>>>35. Wortman said that he and his staff had threatened to dock
>>>>>>>>Wasserman's pay because Wasserman frequently left the job site for two
>>>>>>>>or three hours at a time. Tr. 24. As a result, Wasserman came to
>>>>>>>>Wortman's office to discuss the issue during the weeks before
>>>>>>>>Christmas of 1995. Id.
>>>>>>>>36. Wasserman was accompanied to the meeting by James DiModica who
>>>>>>>>was also a member but not an officer or even a steward of Local 342.
>>>>>>>>Tr. 28-29.
>>>>>>>>37. During Wortman and Wasserman's conversation about Wasserman's
>>>>>>>>hours, James DiModica suddenly asked Wortman for a Christmas gift.
>>>>>>>>Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
>>>>>>>>dissuade James DiModica from his request. Attorney Gold contends the
>>>>>>>>record is silent as to Wasserman's participation in the request.
>>>>>>>>Under the circumstances, I find that Wasserman brought James DiModica
>>>>>>>>to the meeting to make the request and fully approved of the demand.
>>>>>>>>38. At the hearing in the instant matter, Schaffler testified
>>>>>>>>that, in his expert opinion of the construction industry, labor
>>>>>>>>payoffs are usually made at Christmastime or at the beginning of the
>>>>>>>>summer or late spring. Tr. 167.
>>>>>>>>39. It was also Schaffler's expert opinion, based on his
>>>>>>>>experience, James DiModica's request for a Christmas gift was the
>>>>>>>>solicitation of a bribe. Tr. 165. I find that under the
>>>>>>>>circumstances all parties understood that the meaning of the request
>>>>>>>>was not for a nominal or token gift. Attorney Gold objects to the
>>>>>>>>hearsay testimony of Wortman. In the Discussion, infra, I concluded
>>>>>>>>that Wortman's testimony was corroborated by other testimony, and is
>>>>>>>>reliable.
>>>>>>>>40. Attorney Gold argues that Wasserman visited Wortman to discuss
>>>>>>>>the matter of his pay being docked for continually leaving the job.
>>>>>>>>Gold argues that Wortman is obviously biased against Wasserman because
>>>>>>>>of Wasserman's legitimate demand for his pay. The argument has little
>>>>>>>>weight since Wasserman and Wortman entered into an agreement settling
>>>>>>>>the matter.
>>>>>>>>
>>>>>>>>
>>>>>>>>B.J. McGlone & Co. Inc.
>>>>>>>>Charge III:
>>>>>>>>>From 1994 to 1995, Alan D. Wasserman, while a member and
>>>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>>>an act of racketeering, in that Wasserman did request and demand money
>>>>>>>>or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
>>>>>>>>in an industry affecting interstate commerce, when he demanded labor
>>>>>>>>payoffs from an employer while being a Union member and representative
>>>>>>>>(29 U.S.C. ?186(b)(1)).
>>>>>>>>Charge IV:
>>>>>>>>>From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
>>>>>>>>employer and offered to allow that employer to use non-Union labor or
>>>>>>>>to pay LIUNA members less than Union-scale wages and benefits, and in
>>>>>>>>so doing violated his obligation as a member of the Union to refrain
>>>>>>>
>>>>>>>>from interfering with the proper conduct of Union business, in
>>>>>>>
>>>>>>>
>>>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>>>of the LIUNA Ethical Practices Code
>>>>>>>>41. B.J. McGlone ("McGlone") is a company located in New Jersey
>>>>>>>>which provides fireproof material and services. Tr. 47. McGlone
>>>>>>>>performed and worked at the Newark Airport job site in 1994.
>>>>>>>>42. In August 1997, IG Inspectors spoke with an officer at McGlone
>>>>>>>>who was involved in managing one of the job sites at the Newark
>>>>>>>>Airport. Id. 47. The officer spoke with them on condition that his
>>>>>>>>name would not be repeated to anyone outside of the interview.
>>>>>>>>Although he requested anonymity, the record is clear that he was an
>>>>>>>>officer of McGlone, that he was involved in the operation of the site,
>>>>>>>>and that he dealt with Wasserman. The probative value of this
>>>>>>>>testimony will be discussed below.
>>>>>>>>43. The officer knew Wasserman was an officer of Local 342 and the
>>>>>>>>shop steward at the McGlone job site at the Newark Airport. Tr. 47,
>>>>>>>>55.
>>>>>>>>44. At the beginning of 1994, the officer and Wasserman had a
>>>>>>>>conversation about placing safety equipment on the job site. The
>>>>>>>>officer told Wasserman the equipment was not necessary. Tr. 52. The
>>>>>>>>company did not install the equipment and the job commenced. Id.
>>>>>>>>45. Two pieces of equipment were subsequently damaged at the job
>>>>>>>>site. Id. One spray machine was filled with concrete and another was
>>>>>>>>pushed off an elevated floor and fell to the ground. Tr. 53. The
>>>>>>>>resulting damage to the equipment was between $8,000 and $15,000. Tr.
>>>>>>>>170. This description corroborates the description of the damage in
>>>>>>>>the anonymous report made to the IG.
>>>>>>>>46. Schaffler testified that it is common practice when a company
>>>>>>>>does not comply with demands for payoffs from LCN controlled unions,
>>>>>>>>the union may resort to intimidation methods to frighten the company
>>>>>>>>officials. Id. A common method is to damage equipment. Id.
>>>>>>>>47. The officer subsequently had a conversation with Wasserman in
>>>>>>>>which the officer told Wasserman the equipment was damaged and said
>>>>>>>>"this is not the way for you to put your people to work." Tr. 53.
>>>>>>>>Wasserman made no reply to this accusation and requested a meeting.
>>>>>>>>Tr. 54
>>>>>>>>48. Wasserman, James DiModica, and the officer met at a restaurant
>>>>>>>>in New Jersey. Tr. 54. Wasserman told the officer that in exchange
>>>>>>>>for $10,000 to $20,000, McGlone would be free to run the job site
>>>>>>>>without interference and the company need only pay the workers enough
>>>>>>>>to "buy a ham sandwich." Tr. 54-55. The officer responded that it
>>>>>>>>was not his decision to pay the money and that he would have to refer
>>>>>>>>them to his boss. Tr. 55. The evidence does not indicate whether the
>>>>>>>>money was paid.
>>>>>>>>49. Schaffler testified that he was familiar with the terms "give
>>>>>>>>them enough for a sandwich" or "give them enough for a hat." It was
>>>>>>>>Schaffler's opinion that the statement made by Wasserman, "pay the
>>>>>>>>workers enough for them to buy a ham sandwich," under the
>>>>>>>>circumstances, meant the workers could be paid a moderate amount for
>>>>>>>>work completed, but the company would not have to adhere to all terms
>>>>>>>>of the collective bargaining agreement, including paying fringe
>>>>>>>>benefits such as overtime and adhering to all safety standards. Tr.
>>>>>>>>168. In Shaffler's opinion, in return for the payment, Wasserman and
>>>>>>>>James DiModica would take responsibility for handling any complaints
>>>>>>>
>>>>>>>>from the workers. Id.
>>>>>>>
>>>>>>>
>>>>>>>>50. Attorney Gold argues that the testimony of the McGlone
>>>>>>>>official is not credible. Gold states that the official is biased
>>>>>>>>against Wasserman because Wasserman came to the meeting to discuss
>>>>>>>>legitimate safety issues at McGlone, and the official was upset at
>>>>>>>>being confronted with safety violations. This argument has little
>>>>>>>>weight because substantial damage had been done to McGlone's
>>>>>>>>equipment. It would be more cost effective for McGlone to address
>>>>>>>>legitimate safety issues than to damage its own equipment and blame
>>>>>>>>Wasserman. I find the official's representation of the events to be
>>>>>>>>credible, and corroborated by other evidence. See the Discussion,
>>>>>>>>infra.
>>>>>>>>E & S Construction
>>>>>>>>Charge V:
>>>>>>>>In or around July 1996, Alan D. Wasserman, while a member and
>>>>>>>>representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by committing
>>>>>>>>an act of racketeering in that Wasserman did request and demand money
>>>>>>>>or a thing of value from E&S Construction, an employer engaged in an
>>>>>>>>industry affecting interstate commerce, when he demanded labor payoffs
>>>>>>>
>>>>>>>>from an employer while being a Union member and representative (29
>>>>>>>
>>>>>>>
>>>>>>>>U.S.C. ?186(b)(1)).
>>>>>>>>Charge VI:
>>>>>>>>In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
>>>>>>>>an employer and offered to allow that employer to use non-Union labor
>>>>>>>>or to pay LIUNA members less than Union-scale wages and benefits, and
>>>>>>>>in so doing violated his obligation as a member of the Union to
>>>>>>>>refrain from interfering with the proper conduct of Union business, in
>>>>>>>>violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
>>>>>>>>Constitution and the "Business and Financial Activities of Union
>>>>>>>>Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
>>>>>>>>of the LIUNA Ethical Practices Code.
>>>>>>>>51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
>>>>>>>>contacted the LIUNA New Jersey regional office concerning an
>>>>>>>>allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
>>>>>>>>shortly thereafter. Id.
>>>>>>>>52. Taylor is a former member of LIUNA Local 472 located in
>>>>>>>>Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
>>>>>>>>could not work as a laborer, he formed his own construction company.
>>>>>>>>Id.
>>>>>>>>53. In July 1996, Taylor maintained a job site along Routes 1 and
>>>>>>>>9 in New Jersey. Id.
>>>>>>>>54. In the same month, Taylor received a call from Wasserman who
>>>>>>>>identified himself as a representative from Local 342 and requested a
>>>>>>>>meeting. Id. Taylor agreed to the meeting. Id.
>>>>>>>>55. The following day, Wasserman arrived at Taylor's job site
>>>>>>>>accompanied with an individual Taylor later identified as James
>>>>>>>>DiModica. Id.
>>>>>>>>56. At the start of the meeting, James DiModica stated that he had
>>>>>>>>just gotten out of jail. Tr. 60.
>>>>>>>>57. Wasserman told Taylor he knew Taylor had an upcoming contract
>>>>>>>>at the Newark Airport with the Brown Matthews Company, and he
>>>>>>>>requested that Taylor use Local 342 workers on that job site. Tr. 58.
>>>>>>>>58. Taylor replied that at the time he had three full-time workers
>>>>>>>>with his company and the workload was just enough for those three
>>>>>>>>workers. Taylor said if his workload increased he would definitely
>>>>>>>>call the Local 342 hiring hall for laborers. Id.
>>>>>>>>59. Wasserman replied by pointing to the Taylor's three Hispanic
>>>>>>>>workers, calling them an "eyesore," and telling Taylor he could not
>>>>>>>>use them because he had to use Local 342 members. Id.
>>>>>>>>60. Wasserman then made a motion with one of his hands indicating
>>>>>>>>five fingers. Id. When Wasserman's fingers were waved at him,
>>>>>>>>Taylor, who was familiar with labor union relationships in New Jersey,
>>>>>>>>asked if Wasserman was requesting $500 to insure that he would have no
>>>>>>>>problems with the union. Tr. 59. Wasserman replied not $500 but
>>>>>>>>$5,000. Id.
>>>>>>>>61. Taylor told Wasserman he didn't "have that kind of money."
>>>>>>>>Id. Wasserman replied that in exchange, Taylor would not have to pay
>>>>>>>>the workers any benefits. Id. Taylor understood this to mean that
>>>>>>>>the various fringe benefits, pension annuity, and medical benefits
>>>>>>>>required by the collective bargaining agreement would not have to be
>>>>>>>>paid if Taylor complied with the demand. Tr. 59-60.
>>>>>>>>62. Wasserman told Taylor that if Taylor did make the payment,
>>>>>>>>Wasserman would make him put up a bond for the benefits at his job
>>>>>>>>site. Tr. 59.
>>>>>>>>63. Towards the end of the meeting, James DiModica made a
>>>>>>>>statement to Taylor that "we have connections, we'll get you paid
>>>>>>>>faster." Tr. 60.
>>>>>>>>64. Subsequently, Taylor positively identified James DiModica from
>>>>>>>>photographs shown to him by IG Inspectors. Id.
>>>>>>>>65. I find that there was no reason for James DiModica, who had no
>>>>>>>>official union position, to accompany Wasserman to Wasserman's
>>>>>>>>meetings with Taylor or VHR Construction. The Wasserman/James
>>>>>>>>DiModica visits to the contractors appears, under these circumstances,
>>>>>>>>to be a joint venture in extortion.
>>>>>>>>66. The statements of Taylor as to what the demands meant and the
>>>>>>>>expert opinion of Schaffler as to the nature of the modus operandi of
>>>>>>>>extortionate practices are credible and well founded.
>>>>>>>>67. Attorney Gold contends that the appearance of James DiModica
>>>>>>>>with Wasserman where money was solicited from employers was not in
>>>>>>>>itself improper. Gold argues that DiModica might have been a shop
>>>>>>>>steward on at least one of the jobs, and his appearance on any of the
>>>>>>>>jobs was not prohibited. As discussed below, James DiModica was an
>>>>>>>>associate of organized crime. On one occasion he suddenly requested a
>>>>>>>>Christmas gift from the employer and on another he began the
>>>>>>>>conversation by informing the employer that he had just been released
>>>>>>>
>>>>>>>>from jail. James DiModica's appearance with Wasserman was intended to
>>>>>>>
>>>>>>>
>>>>>>>>serve the purpose of intimidating the contractor.
>>>>>>>>68. Attorney Gold also contends that since none of the complaining
>>>>>>>>persons ever alleged that as a result of denying payoffs they suffered
>>>>>>>>any reprisals. He argues that the LCN would not permit a refusal to
>>>>>>>>go unpunished. There is no evidence to indicate whether or not the
>>>>>>>>payments were made. The record is silent on that matter; however,
>>>>>>>>there is evidence that equipment at McGlone was heavily damaged after
>>>>>>>>McGlone refused to install the requested safety apparatus.
>>>>>>>>Knowing Association With The LCN
>>>>>>>>Charge VII:
>>>>>>>>>From in or around 1994 through 1997, Alan D. Wasserman, while a member
>>>>>>>>and representative of LIUNA Local 342, committed "barred conduct" in
>>>>>>>>violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
>>>>>>>>associating with La Cosa Nostra crime family members or associates,
>>>>>>>>including Vincent "Juicy" DiModica, a convicted member of the Gambino
>>>>>>>>crime family and James DiModica, an associate of the Gambino crime
>>>>>>>>family.
>>>>>>>>69. Wasserman has been a member of LIUNA Local 342 in Newark, New
>>>>>>>>Jersey for approximately ten years.
>>>>>>>>70. At the time of the hearing in this matter, Wasserman was the
>>>>>>>>Business Manager of Local 342. He was appointed by the Executive
>>>>>>>>Board to succeed James Proto. Wasserman has also served in the
>>>>>>>>positions of field representative and a shop steward of Local 342.
>>>>>>>>71. The GEB Attorney offered the history of Local 342 described
>>>>>>>>above in paragraphs 8 through 28 and the following testimony of Elko
>>>>>>>>as evidence of Wasserman's associations with the Gambino family.
>>>>>>>>72. Based upon his years of investigation, including the
>>>>>>>>aforementioned information in paragraphs 8 through 28, and
>>>>>>>>corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
>>>>>>>>concluded that Juicy DiModica is a made member of organized crime and
>>>>>>>>in charge of a Gambino family crew in New Jersey. Tr. 119.
>>>>>>>>73. Based upon his information, including direct information from
>>>>>>>>Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
>>>>>>>>years of surveillance, Elko concluded that James DiModica is an
>>>>>>>>associate of the Gambino family. Tr. 120-21, 129. Id.
>>>>>>>>74. Based upon direct information from Cagno, information from
>>>>>>>>Masucci and Montgomery, and eleven years of surveillance, Elko
>>>>>>>>concluded that Wasserman is an associate of the Gambino family. Tr.
>>>>>>>>123, 129.
>>>>>>>>Discussion
>>>>>>>>The IHO must base his decisions on reliable evidence through a review
>>>>>>>>of what is probative and reliable. Attorney Gold objects to the use
>>>>>>>>of hearsay evidence in this proceeding. Contrary to his assertion,
>>>>>>>>however, reliable hearsay evidence is admissible in labor
>>>>>>>>arbitrations. Associated Cleaning Consultants and International
>>>>>>>>Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
>>>>>>>>(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
>>>>>>>>97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
>>>>>>>>District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
>>>>>>>>Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
>>>>>>>>evidence has been admitted regularly in union disciplinary proceedings
>>>>>>>>arising under the Teamsters Consent Decree. United States v. IBT
>>>>>>>>(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
>>>>>>>>v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
>>>>>>>>(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
>>>>>>>>United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
>>>>>>>>1990). The test is whether the evidence is reliable. Senese &
>>>>>>>>Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
>>>>>>>>389, 402 (1971)).
>>>>>>>>The testimony of the IG Inspectors regarding statements of contractors
>>>>>>>>describing the incidents at VHR Construction, B.J. McGlone Co., and E
>>>>>>>>& S Construction are hearsay; however, they demonstrate a similar
>>>>>>>>pattern, and similar demands were related by three individuals who
>>>>>>>>have neither bias nor reason to falsify. The individuals knew their
>>>>>>>>statements would eventually be known when they spoke to the
>>>>>>>>investigating officials, yet they still exposed themselves to the risk
>>>>>>>>of voluntary cooperation. One of the individuals initiated contact
>>>>>>>>with officials. I recognize that one of the individuals has remained
>>>>>>>>unnamed and, standing alone, his statements would not be probative.
>>>>>>>>Nonetheless, I give evidentiary weight to his information due to the
>>>>>>>>striking similarity between the three incidents. The hearsay
>>>>>>>>statements of the unnamed individual match the hearsay statements of
>>>>>>>>the named individuals. The statements describe the same modus
>>>>>>>>operandi, the same labor extortion goals during roughly the same time
>>>>>>>>period, and involve the same two perpetrators. I find that the
>>>>>>>>hearsay statements of the contractors corroborate each other and I
>>>>>>>>find the evidence to be reliable especially given the very similar
>>>>>>>>pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
>>>>>>>>hearsay evidence reliable based upon FBI Agent's information being
>>>>>>>>culled from various sources and the various sources' corroboration of
>>>>>>>>one another). See also Cimino, 964 F.2d at 1312 (court used a number
>>>>>>>>of factors to evaluate reliability giving evidentiary weight to
>>>>>>>>hearsay declarations of three LCN members related by FBI agent;
>>>>>>>>factors included corroborating statements in crucial respects, a
>>>>>>>>consistent picture of the relationship of the individuals and the
>>>>>>>>statements matched the FBI agent's declaration in the subject matter).
>>>>>>>>The EDP prohibits members from engaging in barred conduct. Barred
>>>>>>>>conduct includes, among others, committing any act of racketeering.
>>>>>>>>See EDP ? 1. The EDP also incorporates the Ethical Practices Code
>>>>>>>>("EPC"). The EPC defines barred conduct to include in pertinent part:
>>>>>>>>"committing any act of racketeering, as defined in Title 18 of the
>>>>>>>>United States Code, section 1961(1) ..." See EPC, Barred Conduct.
>>>>>>>>Title 29 U.S.C. ? 186 is included as a racketeering violation in 18
>>>>>>>>U.S.C. ? 1961(a).
>>>>>>>>Title 29 U.S.C. ? 186, makes it illegal for a labor leader to request
>>>>>>>>and or to receive anything of value from a contractor with whom he has
>>>>>>>>a collective bargaining agreement:
>>>>>>>>It shall be unlawful for any person to request, demand, receive, or
>>>>>>>>accept, or agree to receive or accept, any payment, loan, or delivery
>>>>>>>>of any money or other thing of value prohibited by subsection (a) of
>>>>>>>>this section.
>>>>>>>>29 U.S.C. ? 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
>>>>>>>>"giving any money or other thing of value to any labor organization,
>>>>>>>>or any officer or employee thereof, which represents, seeks to
>>>>>>>>represent, or would admit to membership, any of the employees of such
>>>>>>>>employer who are employed in an industry affecting commerce."
>>>>>>>>Respondent argues that the IG Inspector never asked Wortman if he
>>>>>>>>believed the request for a gift was an "extortion or a demand." The
>>>>>>>>argument has no merit; any form of request is prohibited.
>>>>>>>>Barred conduct also includes "knowingly associating" with members of
>>>>>>>>an organized crime family such as the LCN, and knowingly allowing an
>>>>>>>>LCN member or associate to influence a LIUNA officer. See EDP ? 1.
>>>>>>>>Under the EDP, the term "knowingly associate" means that: (1) the
>>>>>>>>union member knew the person with whom he or she was associating was a
>>>>>>>>member or associate of the LCN; (2) the association related directly
>>>>>>>>or indirectly to the affairs of the union; and (3) the association was
>>>>>>>>more than fleeting or casual. Id.
>>>>>>>>In Senese & Talerico, the Court upheld the IBT Independent
>>>>>>>>Administrator's determination that "'knowing association' can be
>>>>>>>>inferred from the duration and quality of the association." 745
>>>>>>>>F.Supp at 918. There is no doubt Wasserman knew the persons with whom
>>>>>>>>he was associating were members of organized crime. The individuals
>>>>>>>>with whom Wasserman dealt were identified as well known members of
>>>>>>>>organized crime families by three former organized crime members. The
>>>>>>>>association was not fleeting or casual. Wasserman attended meetings
>>>>>>>>with contractors accompanied by James DiModica, a known associate of
>>>>>>>>organized crime, whose presence was not related to the ordinary course
>>>>>>>>of union business. Wasserman took James DiModica along for his
>>>>>>>>intimidation factor. Wasserman had to have known James DiModica was
>>>>>>>>associated with organized crime; there was no other reason for
>>>>>>>>DiModica to accompany him. A similar conclusion was reached by the
>>>>>>>>Independent Administrator in Cimino where the Independent
>>>>>>>>Administrator found that Cimino had to have known of Nicodemo
>>>>>>>>Scarfo's Philadelphia organized crime ties during their association
>>>>>>>>because "the very purpose of that relationship" was allowing Scarfo to
>>>>>>>>use Cimino and the local union to "further his La Cosa Nostra
>>>>>>>>interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
>>>>>>>>the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
>>>>>>>>(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
>>>>>>>>Cir. 1992). The relationship between Wasserman and James DiModica was
>>>>>>>>obviously an illegal joint venture to extort union contractors with
>>>>>>>>the approval of the Gambino family.
>>>>>>>>The GEB Attorney offered evidence to demonstrate that Wasserman was a
>>>>>>>>part time no-show shop steward and argued that being a no-show shop
>>>>>>>>steward is evidence of being associated with organized crime. I do
>>>>>>>>not find this evidence to be probative of Wasserman's organized crime
>>>>>>>>association.
>>>>>>>>Obstruction
>>>>>>>>Charge IX:
>>>>>>>>On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
>>>>>>>>investigators of LIUNA's Inspector General's Office, committed "barred
>>>>>>>>conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
>>>>>>>>and the LIUNA Ethical Practices Code by refusing to answer questions,
>>>>>>>>terminating the interview, and thereby obstructing and interfering
>>>>>>>>with an investigation being conducted by the LIUNA Inspector General's
>>>>>>>>Office.
>>>>>>>>Findings of Fact
>>>>>>>>75. In May 1996, IG Inspectors interviewed Wasserman at his
>>>>>>>>residence in Union, New Jersey. Tr. 61, 64.
>>>>>>>>76. In June 1996, IG Inspectors attempted to interview Wasserman a
>>>>>>>>second time at the VHR job site at the Newark Airport to obtain the
>>>>>>>>additional information about James DiModica. Tr. 64.
>>>>>>>>77. They met Wasserman as he came out of the security area. The
>>>>>>>>IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
>>>>>>>>Wasserman stated he preferred to speak at the VHR trailer outside the
>>>>>>>>parking lot area and the IG Inspectors agreed. Id.
>>>>>>>>78. The IG Inspectors told Wasserman they needed more information
>>>>>>>>on the identity of James DiModica. Id. Wasserman refused to speak
>>>>>>>>with them and stated he was very concerned that someone had broken
>>>>>>>>into his house three days after the May 1996 interview with the IG
>>>>>>>>Inspectors. Tr. 66.
>>>>>>>>79. Wasserman refused to reply to questions about James DiModica
>>>>>>>>and began to leave the area. Id. The IG Inspector told Wasserman he
>>>>>>>>should remain and speak with them. Tr. 66. Wasserman refused and
>>>>>>>>left the building. Id.
>>>>>>>>80. Outside the building, IG Inspectors again requested that
>>>>>>>>Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
>>>>>>>>66-67.
>>>>>>>>81. I find that Wasserman purposefully refused to submit to an IG
>>>>>>>>interview, and thereby obstructed the IG investigation.
>>>>>>>>CHARGE X
>>>>>>>>On or about July 8, 1997, Alan D. Wasserman at his deposition
>>>>>>>>committed "barred conduct" in violation of the LIUNA Ethics and
>>>>>>>>Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
>>>>>>>>testifying that he had been elected by the general membership to be
>>>>>>>>the Business Agent for Local 342 despite knowing that the general
>>>>>>>>membership did not elect him and that he instead was appointed to the
>>>>>>>>position.
>>>>>>>>82. I find the fact that Wasserman's statements that he was
>>>>>>>>elected rather than having been appointed, was not a material fact and
>>>>>>>>was not in violation of the EPC.
>>>>>>>>CHARGES XI-IV
>>>>>>>>83. Disciplinary Charges XI-XIII allege that Wasserman falsely
>>>>>>>>testified at his deposition, that he never demanded a Christmas gift
>>>>>>>
>>>>>>>>from a contractor, that he never demanded things of value from a
>>>>>>>
>>>>>>>
>>>>>>>>contractor in exchange for labor peace, that he never attempted to
>>>>>>>>extort Victor Wortmann or VHR Construction, and that he never met with
>>>>>>>>or approached contractors with James DiModica. The preponderance of
>>>>>>>>the evidence proves that Wasserman did perform all of these acts and
>>>>>>>>when he was asked about them under oath he denied his participation.
>>>>>>>>84. Disciplinary Charge XIV alleges Wasserman committed barred
>>>>>>>>conduct in violation of the EDP and EPC by falsely testifying at his
>>>>>>>>July 8, 1997 deposition that he never knowingly associated with
>>>>>>>>members or associates of organized crime. See GEB Ex. 1. The
>>>>>>>>preponderance of the evidence shows he gave false testimony when he
>>>>>>>>was asked about his connections with organized crime and he denied
>>>>>>>>them.
>>>>>>>>Conclusions
>>>>>>>>1. During the period of time alleged in the charges, Local 342
>>>>>>>>was dominated by members or associates of the Gambino crime family.
>>>>>>>>2. There is a preponderance of the evidence that Wasserman
>>>>>>>>committed barred conduct by requesting money from VHR Construction in
>>>>>>>>violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>>>3. There is a preponderance of the evidence that Wasserman
>>>>>>>>committed barred conduct by demanding money from B.J. McGlone & Co.,
>>>>>>>>Inc., in violation of 29 U.S.C. ? 186 (b)(1) and the EPC.
>>>>>>>>4. There is a preponderance of the evidence that Wasserman
>>>>>>>>committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
>>>>>>>>to use non-union labor or to pay LIUNA members less than union-scale
>>>>>>>>wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
>>>>>>>>5. There is a preponderance of the evidence that Wasserman
>>>>>>>>committed barred conduct by demanding money in exchange for labor
>>>>>>>>peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
>>>>>>>>and the EPC.
>>>>>>>>6. There is a preponderance of the evidence that Wasserman
>>>>>>>>committed barred conduct by offering to allow E & S Construction to
>>>>>>>>pay LIUNA members less than union-scale wages and benefits in
>>>>>>>>violation of 186 ' (b)(1) and the EPC.
>>>>>>>>7. There is a preponderance of the evidence that Vincent
>>>>>>>>"Juicy" DiModica is a member of the Gambino family and James DiModica
>>>>>>>>is an associate of the Gambino family.
>>>>>>>>8. There is a preponderance of the evidence that Wasserman
>>>>>>>>knowingly associated with members of organized crime, thereby
>>>>>>>>committing barred conduct under the EDP.
>>>>>>>>9. The evidence clearly demonstrates that Wasserman's
>>>>>>>>associations with organized crime directly affected the affairs of the
>>>>>>>>union. Wasserman took a known LCN associate on his visits to
>>>>>>>>contractors and demanded payments in exchange for labor peace and
>>>>>>>>permission to use either non-union labor or non-union scale wages and
>>>>>>>>benefits. The Wasserman/James DiModica venture was an on-going scheme
>>>>>>>>to extort contractors.
>>>>>>>>10. There is preponderance of the evidence that Wasserman
>>>>>>>>committed barred conduct by giving false testimony at his deposition
>>>>>>>>when questioned about his association with organized crime and his
>>>>>>>>dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
>>>>>>>>Construction.
>>>>>>>>11. Wasserman's statement that he was elected to be a Business
>>>>>>>>Agent of Local 342, rather than appointed was not a material
>>>>>>>>misstatement and did not obstruct the GEB Attorney.
>>>>>>>>Decision
>>>>>>>>Charges I-IX and Charges XI-XIV have been proved by a preponderance of
>>>>>>>>the evidence. Charge X has not been proved by a preponderance of the
>>>>>>>>evidence.
>>>>>>>>Penalty
>>>>>>>>Wasserman's membership in LIUNA is permanently revoked. Wasserman is
>>>>>>>>permanently barred from holding an office in or being employed by
>>>>>>>>Local 342 or from being an officer or being employed by any LIUNA
>>>>>>>>affiliated entity or fund.
>>>>>>>>Wasserman has a right to appeal this Order to the LIUNA Appellate
>>>>>>>>Officer by filing a Notice of Appeal with the Appellate Officer within
>>>>>>>>10 days of the date this Order.
>>>>>>>>Peter F. Vaira
>>>>>>>>INDEPENDENT HEARING OFFICER
>>>>>>>>
>>>>>>>>
>>>>>>>>--------------------------------------------------------------------------------
>>>>>>>>
>>>>>>>>[1]See previous IHO findings pertaining to LCN history in the United
>>>>>>>>States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
>>>>>>>>(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
>>>>>>>>Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
>>>>>>>>7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
>>>>>>>>17, 1998).
>>>>>>>>
>>>>>>>>
>>>>>>>>The Albanian Connection; As Italians Move Up, a New Group Does the
>>>>>>>>Pizza and Pasta source: THE NEW YORK TIMES
>>>>>>>>More information. April 3, 2001, Tuesday
>>>>>>>>By DEXTER FILKINS (NYT); Metropolitan Desk
>>>>>>>>Late Edition - Final, Section B, Page 1, Column 2,
>>>>>>>>DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
>>>>>>>>restaurants and pizza parlors in New York City and surrounding area;
>>>>>>>>various reasons cited"
>>>>>>>>
>>>>>>>>Hillary Clinton has long masqueraded as a champion of women's
>>>>>>>>rights, yet the
>>>>>>>>Balkan Wars perpetrated by her husband Bill Clinton , far from
>>>>>>>>helping the
>>>>>>>>rights of women, actually harmed women.
>>>>>>>>"Sex Slaves: Trafficking in human beings from Moldova to Italy
>>>>>>>>...the West has helped to create the demand, by stationing tens of
>>>>>>>>thousands of
>>>>>>>>troops in the Balkans. Not all of these sex slaves' clients are
>>>>>>>>soldiers and
>>>>>>>>international workers, but their presence has greatly fuelled the
>>>>>>>>demand for
>>>>>>>>brothels in the Balkans. Certainly, the volume of trafficking,
>>>>>>>>which picked up
>>>>>>>>in the spring of 1999 as soon as Nato troops arrived in Macedonia in
>>>>>>>>anticipation of military strikes against Yugoslavia [1], has greatly
>>>>>>>>increased
>>>>>>>>since the Kosovo war. Finally, the West has helped to create the
>>>>>>>>link between
>>>>>>>>the supply and the demand by supporting, in the Kosovo war, the very
>>>>>>>>Albanian
>>>>>>>>Mafia which now controls this market. The fact that there is so
>>>>>>>>much reporting
>>>>>>>>now on the matter of sex slaves may be an indication that the powers
>>>>>>>>that be in
>>>>>>>>the West are beginning to ditch those whom they portrayed during the
>>>>>>>>spring of
>>>>>>>>1999 as passive and innocent victims....
>>>>>>>>
>>>>>>>>It is clear that the Albanian Mafia controls prostitution in Italy,
>>>>>>>>and that a
>>>>>>>>very large number of prostitutes there are effectively slaves.
>>>>>>>>Although not all
>>>>>>>>the girls in Italy are from Moldova - many come from Nigeria and
>>>>>>>>Albania - it
>>>>>>>>has been affirmed by one of the leading authorities on prostitution
>>>>>>>>that they
>>>>>>>>are kept in captivity. "All the women currently on the streets (of
>>>>>>>>Italy) are
>>>>>>>>slaves. The proof is that the Nigerians, the Albanians, the
>>>>>>>>Romanians and the
>>>>>>>>women from Eastern European countries all have their passports taken
>>>>>>>>away by
>>>>>>>>their pimps. There is not one metre of street in which prostitution
>>>>>>>>is not
>>>>>>>>controlled by criminals," according to Don Oreste Benzi, a priest in
>>>>>>>>Verona who
>>>>>>>>has founded a charity which works with prostitutes. Benzi goes
>>>>>>>>on, "The
>>>>>>>>Albanians operate in family clans, in `joint ventures' with the
>>>>>>>>Mafia in Eastern
>>>>>>>>Europe and Italy. No new pimp can start operating in Italy without
>>>>>>>>paying a
>>>>>>>>percentage to the person who already controls the territory. Any
>>>>>>>>mistakes are
>>>>>>>>punished by death. For the Albanians, vendetta is second nature:
>>>>>>>>the concept
>>>>>>>>of forgiveness does not exist."[7] According to Benzi's charity, the
>>>>>>>>Association of the Community of Pope John XXIII, 48% of the
>>>>>>>>prostitutes in Italy
>>>>>>>>are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
>>>>>>>>old); and 26%
>>>>>>>>have been kidnapped and taken from their countries of origin by
>>>>>>>>force.[8]
>>>>>>>>source:
>>>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>>>Hillary Clinton has also masqueraded as someone concerned about
>>>>>>>>Children's
>>>>>>>>Rights. Once again, the Balkan Wars perpetrated by her husband Bill
>>>>>>>>Clinton
>>>>>>>>actually harmed children too.
>>>>>>>>"Sexual exploitation of children
>>>>>>>>An especially appalling aspect of the trade in human beings is the
>>>>>>>>sexual
>>>>>>>>exploitation of children. BHHRG representatives interviewed Mariana
>>>>>>>>Petersel,
>>>>>>>>the Director of Save the Children in Moldova, whose organisation has
>>>>>>>>started to
>>>>>>>>house and rehabilitate young women and girls who have been forced
>>>>>>>>into sex
>>>>>>>>slavery. The youngest victim with which they have dealt was nine
>>>>>>>>years old.
>>>>>>>>260 victims of sex slavery have been housed and helped by Save the
>>>>>>>>Children
>>>>>>>>during 2000. They had been in various Balkans countries: Kosovo,
>>>>>>>>Albania,
>>>>>>>>Macedonia, Italy, and Greece.
>>>>>>>>References for further reading:
>>>>>>>>Trafficking in Migrants,
>>>>>>>>http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
>>>>>>>>Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
>>>>>>>>Milan, May
>>>>>>>>1999
>>>>>>>>Don Oreste Benzi, Una nuov? schiavt?: la prostituzione coata,
>>>>>>>>Paoline
>>>>>>>>Editoriale Libri, 1999
>>>>>>>>Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
>>>>>>>>liberazione del
>>>>>>>>Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
>>>>>>>>Editrice, Rome,
>>>>>>>>2000.
>>>>>>>>[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
>>>>>>>>18th April
>>>>>>>>2000
>>>>>>>>[2] The Current Situation on Trafficking in Women in the Republic of
>>>>>>>>Moldova,
>>>>>>>>unpublished report by Ala M?nd?canu, Member of the Moldovan
>>>>>>>>Parliament.
>>>>>>>>[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
>>>>>>>>Monde, 1st
>>>>>>>>December 2000
>>>>>>>>[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
>>>>>>>>Albanian Daily
>>>>>>>>News, 5th October 2000
>>>>>>>>[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
>>>>>>>>1st July 1999
>>>>>>>>[6] Ibid.
>>>>>>>>[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
>>>>>>>>http://www.mess-s-
>>>>>>>>antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
>>>>>>>>itute.htm
>>>>>>>>[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
>>>>>>>>della
>>>>>>>>prostituzione,
>>>>>>>>http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
>>>>>>>>[9] The Italian Finance Minister, Ottavanio del Turco, has also
>>>>>>>>recently
>>>>>>>>attacked the Mafia activities of the Montengrin president, Milo
>>>>>>>>Djukanović.
>>>>>>>>See La Repubblica, 12th January 2001
>>>>>>>>source:
>>>>>>>>http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
>>>>>>>>Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
>>>>>>>>Italy's sexual slave trade
>>>>>>>>
>>>>>>>>
>>>>>>>>Many prostitutes in Italy come from Albania
>>>>>>>>In the first of two special reports, the BBC's Brian Barron
>>>>>>>>investigates Italy's
>>>>>>>>clandestine trade in sexual slaves and the Albanian criminals behind
>>>>>>>>the
>>>>>>>>business.
>>>>>>>>It is estimated that there could be more than 40,000 foreign
>>>>>>>>prostitutes on the
>>>>>>>>streets of Italy - and the numbers are increasing.
>>>>>>>>The streetwalkers venture out every night after 10, on the edge of
>>>>>>>>big cities
>>>>>>>>like Rome.
>>>>>>>>Each trip was awful but that was my choice. If I returned to
>>>>>>>>Albania I was
>>>>>>>>dead.
>>>>>>>>Prostitute
>>>>>>>>In the Eor district, they are Albanian or from other former
>>>>>>>>communist countries.
>>>>>>>>Most are controlled by Albanian mafia gangsters. A handful have
>>>>>>>>travelled to
>>>>>>>>Italy through their own efforts.
>>>>>>>>One streetwalker whose identity must be kept secret recalls her
>>>>>>>>particular
>>>>>>>>journey.
>>>>>>>>"I came by boat," she says.
>>>>>>>>"I was smuggled in. I had tried four times. It was a horrible trip."
>>>>>>>>"It was winter, cold and raining. It was a terrible risk. I saw dead
>>>>>>>>people with
>>>>>>>>my own eyes."
>>>>>>>>"Each trip was awful but that was my choice. If I returned to
>>>>>>>>Albania I was
>>>>>>>>dead."
>>>>>>>>"Dead or alive - this was my only choice."
>>>>>>>>Tarantelli: Women are held in slavery
>>>>>>>>The former Italian MP, Carol Bebbe Tarantelli, says that the women
>>>>>>>>are slaves.
>>>>>>>>"They are brought here," she says.
>>>>>>>>"Their passports are destroyed often, usually as a matter of fact
>>>>>>>>they are
>>>>>>>>tortured to break their wills."
>>>>>>>>"They're moved around from place to place so they don't know where
>>>>>>>>they are.
>>>>>>>>They don't speak the language."
>>>>>>>>"They're terrified and they can't escape. They're held in slavery."
>>>>>>>>Poverty
>>>>>>>>
>>>>>>>>For many of the girls, the journey began in their Albanian homeland.
>>>>>>>>In Durres, most people are out of work, surviving on remittances
>>>>>>>
>>>>>>>>from relatives
>>>>>>>
>>>>>>>
>>>>>>>>abroad, like the girls on the streets of Italy.
>>>>>>>>In its poverty and human desperation it is typical of countless
>>>>>>>>Albanian
>>>>>>>>communities.
>>>>>>>>Once Albania was an all-powerful communist police state. It is now a
>>>>>>>>country
>>>>>>>>beyond the rule of law.
>>>>>>>>The police chief of Durres, Colonel Albert Pilo, is having a
>>>>>>>>difficult time
>>>>>>>>stamping out the smuggling of young girls.
>>>>>>>>Durres: Lawlessness and poverty prevail
>>>>>>>>"We have had some success against traffickers in prostitutes," he
>>>>>>>>says.
>>>>>>>>"We've arrested at least three. But a big problem is what to do with
>>>>>>>>the girls
>>>>>>>>caught up in the system, especially if they come from outside
>>>>>>>>Albania."
>>>>>>>>"The fact is we do not have any organisation for helping them."
>>>>>>>>"At times we've had to keep the girls in prison because there's
>>>>>>>>nowhere for them
>>>>>>>>to go."
>>>>>>>>Dramatic pictures, taken two years ago, show one of the speedboats
>>>>>>>>of the
>>>>>>>>Albanian mafia being intercepted by Italian security forces.
>>>>>>>>An Albanian mafia speedboat with its human cargo heads for Italy
>>>>>>>>It was trying to land a batch of illegal immigrants on Italy's
>>>>>>>>Adriatic coast.
>>>>>>>>Boxes of drugs were thrown overboard as the gangsters, travelling at
>>>>>>>>60 miles an
>>>>>>>>hour, evaded the helicopters and ships trying to encircle them.
>>>>>>>>On the coast at Lecce, the Italian Justice Ministry, working with a
>>>>>>>>Catholic
>>>>>>>>charity, has launched another kind of assault on the Albanian mafia.
>>>>>>>>In one camp for illegal immigrants, Father Cesari helps run a
>>>>>>>>witness protection
>>>>>>>>programme for former prostitutes from Albania and Eastern Europe.
>>>>>>>>Hope for some of the women in the witness protection programme
>>>>>>>>"The choice of denouncing their pimps is an act of responsibility,"
>>>>>>>>he says.
>>>>>>>>"It's not an easy decision to make. So these girls must have the
>>>>>>>>courage to do
>>>>>>>>it.
>>>>>>>>"To cut all ties with the past. By pointing the finger at those who
>>>>>>>>abuse them
>>>>>>>>there is the chance that some of the guilty will be brought to
>>>>>>>>justice."
>>>>>>>>Eighty girls have collaborated. They have been rewarded with the
>>>>>>>>right to remain
>>>>>>>>in Italy and, when necessary, new identities.
>>>>>>>>However, 500 declined because they were afraid of the godfathers.
>>>>>>>>source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>The notorious Mafioso Johnny Dio is described here. Actor Frank
>>>>>>>>Pellegrino
>>>>>>>>played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
>>>>>>>>Was Johnny
>>>>>>>>DioGuardi a relative of Joe DioGuardi? We would like to know. If you
>>>>>>>>know please
>>>>>>>>post your materials and sources for them.
>>>>>>>>
>>>>>>>>Joseph J. DioGuardi was born in the Bronx, New York, on September
>>>>>>>>20th, 1940.
>>>>>>>>
>>>>>>>>Johnny DioGuardi was born in East Harlem on April 28th, 1914.
>>>>>>>>
>>>>>>>>Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
>>>>>>>>the
>>>>>>>>imagination. DioGuardi specialized, among other things, in
>>>>>>>>victimizing Jews.
>>>>>>>>DioGuardi victimized some Jews directly and victimized other Jews
>>>>>>>>less
>>>>>>>>directly, as they became unwitting customers. The article below
>>>>>>>>notes that "A
>>>>>>>>salesman for the company testified in 1969 that often the meat they
>>>>>>>>delivered to
>>>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>>>atrocity to
>>>>>>>>perpetrate on our customers."
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>"On November 14th, 1964, two NYPD detectives sat in a basement in
>>>>>>>>Queens, New
>>>>>>>>York, listening to a tape recording of the conversations coming out
>>>>>>>>of a bug-a
>>>>>>>>tiny wireless microphone and radio transmitter hidden in the office
>>>>>>>>of Norman
>>>>>>>>LoKietz, president of the Merkel Meat Company. They were listening
>>>>>>>>to evidence
>>>>>>>>that illustrated with chilling clarity that the Mafia controlled an
>>>>>>>>industry
>>>>>>>>that robbed the public of more than just its money. It was also
>>>>>>>>stealing its
>>>>>>>>health and safety. In the taped conversations, the name "Johnny Dio"
>>>>>>>>kept
>>>>>>>>cropping up. The cops knew who he was.
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>Dio's photograph, with a cigarette dangling from one corner of a
>>>>>>>>viscous snarl
>>>>>>>>as he slugged a United Press photographer outside a Senate committee
>>>>>>>>hearing
>>>>>>>>room, appeared on front pages of newspapers all over the country,
>>>>>>>>because it so
>>>>>>>>perfectly matched the average person's preconception of what a Mafia
>>>>>>>>thug should
>>>>>>>>look like.
>>>>>>>>
>>>>>>>>
>>>>>>>>As the police developed their investigation into the Merkel Meat
>>>>>>>>Company and the
>>>>>>>>links with Dio, aka Johnny Dioguardi, it became increasingly obvious
>>>>>>>>that the
>>>>>>>>Lucchese crime family was earning big money from its involvement in
>>>>>>>>the movement
>>>>>>>>of substandard and, at times actually rotten meat, that was being
>>>>>>>>sold into the
>>>>>>>>retail marketplace.
>>>>>>>>
>>>>>>>>
>>>>>>>>Dioguardi was a master fixer and controller of locals and unions
>>>>>>>>and, through
>>>>>>>>this influence, was able to manipulate opportunities for himself and
>>>>>>>>the
>>>>>>>>Lucchese family in a wide range of areas.
>>>>>>>>
>>>>>>>>
>>>>>>>>The Nassau DA William Cahn illustrated Dioguardi's association with
>>>>>>>>one
>>>>>>>>particular company that showed his ability to corrupt and control.
>>>>>>>>
>>>>>>>>In 1963, he joined Consumer Kosher Productions as a salesman on a
>>>>>>>>salary of $250
>>>>>>>>a week. By 1966, he was earning $5000 per week, and in addition had
>>>>>>>>taken over
>>>>>>>>control of the business. He used this company as a vehicle to gain
>>>>>>>>control of
>>>>>>>>the low price kosher meat business. Essentially his method was to
>>>>>>>>take over an
>>>>>>>>organization, buy in supplies and create an extended line of credit,
>>>>>>>>never pay
>>>>>>>>his debtors, and when the business went bust, move on to the next
>>>>>>>>one.A salesman
>>>>>>>>for the company testified in 1969 that often the meat they delivered
>>>>>>>>to
>>>>>>>>retailers was "sometimes light green and sweaty and often was an
>>>>>>>>atrocity to
>>>>>>>>perpetrate on our customers." Consumer Kosher Productions eventually
>>>>>>>>went
>>>>>>>>bankrupt, and Dioguardi shifted what remaining assets there were to
>>>>>>>>another
>>>>>>>>company called Tel Aviv. That company also went belly-up in due
>>>>>>>>course and he
>>>>>>>>then set up a firm called First National Kosher Provisions. And so
>>>>>>>>it went on.
>>>>>>>>Eventually the law caught up with him and he was indicted, and in
>>>>>>>>1967 was
>>>>>>>>sentenced to five years in prison and fined $10,000. By this time,
>>>>>>>>Dioguardi had
>>>>>>>>been connected to the Lucchese family for over thirty years.
>>>>>>>>Johnny Dio under arrest(AP)
>>>>>>>>
>>>>>>>>Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
>>>>>>>>on Forsythe
>>>>>>>>Street in Little Italy where his father Dominick owned a bicycle
>>>>>>>>shop there. By
>>>>>>>>1930, he was already at age fifteen an apprentice young hood. After
>>>>>>>>a year and a
>>>>>>>>half at Stuyvesant High School, he left to begin work. Through the
>>>>>>>>influence of
>>>>>>>>his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
>>>>>>>>and upcoming
>>>>>>>>soldier in the Gagliano family, he became a leg-breaker and budding
>>>>>>>>extortionist
>>>>>>>>working the Garment Center. He was also, as legend has it, one of
>>>>>>>>the gangsters involved in the so called "Murder Inc." group
>>>>>>>>that worked
>>>>>>>>out of Brownsville, East New York, in the 1930's carrying out
>>>>>>>>murders....Darkly handsome-so dark that he
>>>>>>>>was called
>>>>>>>>"Blackie" as a young street punk-wearing $250 silk suits and a
>>>>>>>>pleasant smile,
>>>>>>>>well dressed, well barbered and well manicured, he was always
>>>>>>>>careful to give
>>>>>>>>the appearance of an urbane and successful businessman.In 1935,
>>>>>>>>Thomas Dewey,
>>>>>>>>the crusading New York DA, listed Dioguardi as among the most
>>>>>>>>dangerous hoods in
>>>>>>>>the city. And all this before he was twenty-one years old! In 1937
>>>>>>>>he got a
>>>>>>>>three-to-five year sentence at Sing-Sing after being convicted with
>>>>>>>>his uncle
>>>>>>>>and several other mobsters for extortion and assault. They had been
>>>>>>>>extracting
>>>>>>>>$5000 from every trucker in the garment district, plus demanding a
>>>>>>>>premium on
>>>>>>>>every suit and coat made in the area.In 1944, he was indicted for
>>>>>>>>operating an
>>>>>>>>illegal still, but the charge was dismissed.In 1954, he was tried
>>>>>>>>and convicted
>>>>>>>>for failure to pay state income tax in connection with his continued
>>>>>>>>shakedown
>>>>>>>>of operators in the garment district. For that, he got sixty days.In
>>>>>>>>November
>>>>>>>>1957, he went on trial with some Teamster officials for shaking down
>>>>>>>>owners of
>>>>>>>>stationery stores. After a four week trial, he was convicted and
>>>>>>>>sentenced to
>>>>>>>>two years in jail.By the time he was forty, he was a "made man" in
>>>>>>>>the Gagliano
>>>>>>>>family which was now referred to as the Lucchese family, operating
>>>>>>>>as a capo, or
>>>>>>>>crew chief, and he was a multi-millionaire. He was highly regarded
>>>>>>>>in the family
>>>>>>>>as a "ferocious earner" the highest accolade that can be bestowed on
>>>>>>>>a member of
>>>>>>>>organized crime, generating in excess of $100,000 each week. He was
>>>>>>>>so rich, his
>>>>>>>>standard Christmas present to his wife was a shoe box stuffed with
>>>>>>>>$50,000 and a
>>>>>>>>sweet little note such as " buy yourself some nice clothes,
>>>>>>>>honey."He lived in
>>>>>>>>great style, wining and dining at the best hotels and restaurants in
>>>>>>>>town, but
>>>>>>>>always reserved Sundays to meet with family and friends, and prepare
>>>>>>>>lunch or
>>>>>>>>dinner. Like so many mobsters of Italian-American extraction, he was
>>>>>>>>an
>>>>>>>>excellent cook, and loved to entertain at his beautiful and lavish
>>>>>>>>home in
>>>>>>>>Freeport Avenue, Point Lookout, Long Island, which he had purchased
>>>>>>>>for $75,000
>>>>>>>>in the early 1960's. His legitimate business fronts which
>>>>>>>>contributed to his
>>>>>>>>significant tax returns each year, included many highly profitable
>>>>>>>>clothing
>>>>>>>>factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
>>>>>>>>which sold
>>>>>>>>promotional items to commercial establishments. One of their major
>>>>>>>>customers was
>>>>>>>>the retail chain Waldbaums.His skill as a union manipulator was
>>>>>>>>legendary in the
>>>>>>>>Mob, and on one occasion, Thomas Lucchese arranged for him to travel
>>>>>>>>to Los
>>>>>>>>Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
>>>>>>>>Mafia
>>>>>>>>family. The ILGWU was trying to drive out non-union, cheap Mexican
>>>>>>>>labour from
>>>>>>>>Dragna's factories, but Dioguardi's expertise secured waivers on
>>>>>>>>every important
>>>>>>>>stipulation set up and foiled the union's attempt.In the 1950's,
>>>>>>>>Senate
>>>>>>>>investigations named Dioguardi as one of the masterminds that
>>>>>>>>manipulated the
>>>>>>>>unions operating out of Idlewild, the vast 5,000 acre international
>>>>>>>>airport that
>>>>>>>>would one day be called Kennedy.When Jimmy Hoffa was making his play
>>>>>>>>to become
>>>>>>>>president of the giant Teamsters Union in 1957, he turned to an old
>>>>>>>>friend,
>>>>>>>>Johnny Dio for help. It wasn't clear whether or not the majority of
>>>>>>>>the New York
>>>>>>>>area locals supported Hoffa, and this was necessary to swing enough
>>>>>>>>voters to
>>>>>>>>support his control of the mid western region, secured through the
>>>>>>>>Chicago Mob's
>>>>>>>>help. The solution was to create more locals: enough to establish a
>>>>>>>>majority.
>>>>>>>>This was done by setting up "paper" locals-locals with few if any
>>>>>>>>members-that
>>>>>>>>could swing the balance in the New York voting.Dioguardi engineered
>>>>>>>>the creation
>>>>>>>>of seven new Teamster unions. The extra supply of delegates from
>>>>>>>>these
>>>>>>>>guaranteed Hoffa control of the New York delegation of the Teamsters
>>>>>>>>convention.
>>>>>>>>These seven locals were basically sham fronts, composed not of
>>>>>>>>working people,
>>>>>>>>but friends and relatives of Johnny Dio. Hoffa won the
>>>>>>>>nomination.With hindsight
>>>>>>>>it was probably the start of Hoffa's imbroglio with the Justice
>>>>>>>>Department,
>>>>>>>>resulting in his war with Robert Kennedy, his indictment, trial and
>>>>>>>>imprisonment
>>>>>>>>in 1967, release in 1971 and the events that led up to the fateful
>>>>>>>>rendezvous on
>>>>>>>>July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
>>>>>>>>went there to
>>>>>>>>meet up with three men. It was a rendezvous from which he never
>>>>>>>>returned,
>>>>>>>>vanishing off the face of the earth; murdered probably by Salvatore
>>>>>>>>Briguglio, a
>>>>>>>>man connected to the Genovese crime family. Hoffa became a ghostly
>>>>>>>>testator who
>>>>>>>>haunts the Teamsters trust to this day.John Dioguardi was
>>>>>>>>undoubtedly one of the
>>>>>>>>most powerful members of the Lucchese crime family. His influence
>>>>>>>>was felt in
>>>>>>>>many areas, particularly those relating to labor. He is remembered
>>>>>>>>however, more
>>>>>>>>than anything, for one especially terrible act.In the early hours of
>>>>>>>>Thursday
>>>>>>>>April 5th, 1956, a nationally known newspaper columnist and
>>>>>>>>commentator on labor
>>>>>>>>affairs called Victor Riesel made a radio broadcast in New York. The
>>>>>>>>41-year-old
>>>>>>>>Riesel was a crusading journalist, specializing in investigating
>>>>>>>>union
>>>>>>>>corruption and Mob-influenced officials. Writing for the Daily
>>>>>>>>Mirror, his
>>>>>>>>column was syndicated in 193 newspapers. This night, he interviewed
>>>>>>>>two workers
>>>>>>>
>>>>>>>>from Local 138 of the International Operating Engineers Union out of
>>>>>>>
>>>>>>>
>>>>>>>>Long
>>>>>>>>Island. Run by father and son both called William DeKoning, they and
>>>>>>>>their local
>>>>>>>>were involved in shaking down contractors and were under
>>>>>>>>investigation by
>>>>>>>>Manhattan US attorneys.After the broadcast, Reisel and his
>>>>>>>>secretary, Betty
>>>>>>>>Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
>>>>>>>>late
>>>>>>>>supper. At 3 a.m. as they were walking to Nevins' car, a man
>>>>>>>>approached them and
>>>>>>>>threw sulphuric acid into Riesel's face. Rushed to St. Clare's
>>>>>>>>Hospital,
>>>>>>>>surgeons were unable to save his eyesight.
>>>>>>>>Victor Reisel
>>>>>>>>A federal investigation established the attacker was a twenty-two-
>>>>>>>>year-old hood
>>>>>>>>and longshoreman called Abraham Tevi. He had been hired by one Joe
>>>>>>>>Carlino and
>>>>>>>>paid $1,175 to do the job. The money had apparently been put up by
>>>>>>>>Dioguardi. As
>>>>>>>>publicity mounted, Tevi became convinced that he had been grossly
>>>>>>>>underpaid to
>>>>>>>>carry out a piece of work on such an important person and demanded
>>>>>>>>$50,000. What
>>>>>>>>he got instead was two bullets in the head, and his body was found
>>>>>>>>on July 28th,
>>>>>>>>lying on Mulberry Street, in Manhattan's Little Italy district.
>>>>>>>>Although some
>>>>>>>>people were tried and convicted of the attack on Reisel, the two
>>>>>>>>prime witnesses
>>>>>>>>against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
>>>>>>>>and all
>>>>>>>>charges against Johnny Dio were dropped in May, 1957.
>>>>>>>>The assault on Victor Reisel brought a lot of pressure down on
>>>>>>>>Johnny Dio. The
>>>>>>>>very action that was aimed at removing a source of irritation,
>>>>>>>>resulted in far
>>>>>>>>more damage to his activities that could possibly have occurred had
>>>>>>>>the assault
>>>>>>>>not taken place.Despite all the other criminal acts that he was
>>>>>>>>involved in or
>>>>>>>>convicted of, Dioguardi is still best known as "the man who blinded
>>>>>>>>Victor
>>>>>>>>Reisel." That reputation more than anything else guaranteed that the
>>>>>>>>police, FBI
>>>>>>>>and the media would never stop hounding him, and as a result, he
>>>>>>>>would
>>>>>>>>eventually spend the rest of his prime years in prison for other
>>>>>>>>crimes he
>>>>>>>>committed.Dioguardi always on the lookout for new rackets,
>>>>>>>>discovered the boom
>>>>>>>>in fly-by-night stock promotions in the late 1960's. Stock would be
>>>>>>>>acquired
>>>>>>>
>>>>>>>>from a failing company for little or no money; the market would be
>>>>>>>
>>>>>>>
>>>>>>>>rigged in the
>>>>>>>>stock through a brokerage firm he operated called J.M. Kelsey & Co.
>>>>>>>>then the
>>>>>>>>shares would be sold at vastly inflated prices-leaving the investors
>>>>>>>>to hold the
>>>>>>>>bag when the fraud was eventually exposed. However fate and the law
>>>>>>>>finally
>>>>>>>>caught up with Johnny Dio and, in 1970, he, along with his immediate
>>>>>>>>boss in the
>>>>>>>>Lucchese crime family Carmine Tramunti, were indicted on fraud
>>>>>>>>charges
>>>>>>>>concerning stocks in two firms, Belmont Franchising Corp. and
>>>>>>>>At-Your-Service-Leasing Co.He was tried and convicted in December
>>>>>>>>1973, and
>>>>>>>>sentenced to a further prison sentence, concurrent to the one he was
>>>>>>>>already
>>>>>>>>serving at Danbury Prison in connection with one of his kosher meat
>>>>>>>>company
>>>>>>>>scams. Due for parole in August 1979, he died in a prison hospital
>>>>>>>>the same
>>>>>>>>year.
>>>>>>>>Johnny Dio going to prison one last time
>>>>>>>>Johnny Dioguardi was a good example of the consummate mafioso. He
>>>>>>>>started young
>>>>>>>>at fifteen and had a perfect introduction into the world of crime
>>>>>>>>through the
>>>>>>>>guidance and help of his uncle. He combined thuggery, cunning, guile
>>>>>>>>and polish
>>>>>>>>in an enviable mixture. He made the right kind of connections from
>>>>>>>>an early age.
>>>>>>>>Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
>>>>>>>>these
>>>>>>>>contacts throughout his career as a means of levering his scams and
>>>>>>>>extortion's
>>>>>>>>into huge, money-spinning ventures for himself and his crime family.
>>>>>>>>Like many
>>>>>>>>criminals, he obviously had the brains and ability to have succeeded
>>>>>>>>in
>>>>>>>>legitimate business, had he been that way inclined. The highest
>>>>>>>>earners in the
>>>>>>>>Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
>>>>>>>>lowest soldiers
>>>>>>>>will routinely put in eighty hour weeks, seven days to keep on top
>>>>>>>>of their
>>>>>>>>scheming and scamming.
>>>>>>>>When he died in a Pennsylvania prison hospital, his passing
>>>>>>>>attracted no
>>>>>>>>newspaper attention. All his wealth and power and almost fifty years
>>>>>>>>of criminal
>>>>>>>>depravity seemed to count for nothing at all. It was as though he
>>>>>>>>had never
>>>>>>>>existed."
>>>>>>>>source:
>>>>>>>>http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
>>>>>>>>
>>>>>>>>2.html
>>>>>>>>
>>>>>>>>
>>>>>>>>"February 2001In The Money: Congressman James Traficant And His
>>>>>>>>Campaign
>>>>>>>>ContributorsBy James Ridgway de Szigethy
>>>>>>>>Convicted associates of the Pittsburgh Mafia Family, Mafia-
>>>>>>>>corrupted labor
>>>>>>>>Unions and Middle Eastern political operatives are among those who
>>>>>>>>have
>>>>>>>>contributed to the past two re-election campaigns of Congressman
>>>>>>>>James
>>>>>>>>Traficant, an analysis of Federal Election Commission records
>>>>>>>>reveals. These
>>>>>>>>records, which are required filings under Federal Election law,
>>>>>>>>reveal 219
>>>>>>>>donations by individuals and 212 donations by Unions and Political
>>>>>>>>Action
>>>>>>>>Committees. 47 of the personal contributions came from outside the
>>>>>>>>State of
>>>>>>>>Ohio, with 35 of those from the State of Virginia. 38 are from
>>>>>>>>individuals that
>>>>>>>>indicate a Middle Eastern background of the contributor. Among
>>>>>>>>the
>>>>>>>>contributors whose names would probably be recognized by most
>>>>>>>>Youngstown
>>>>>>>>residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
>>>>>>>>Russell
>>>>>>>>Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
>>>>>>>>and Gerald
>>>>>>>>Bostocky. Among the contributors whose names would probably NOT
>>>>>>>>be
>>>>>>>>recognized by most Youngstown residents are Virginia residents Ali
>>>>>>>>Asghar
>>>>>>>>Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
>>>>>>>>Javad
>>>>>>>>Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
>>>>>>>>Georgia
>>>>>>>>resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
>>>>>>>>Hessein
>>>>>>>>Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
>>>>>>>>Mahmoud
>>>>>>>>Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
>>>>>>>>a former
>>>>>>>>investigator for the District Attorney's office in Youngstown, was
>>>>>>>>indicted last
>>>>>>>>December on charges he bribed Judges to fix Court cases. Ed
>>>>>>>>Flask accepted
>>>>>>>>a plea bargain last year in which he pleaded guilty to felony
>>>>>>>>charges in regards
>>>>>>>>to his rip-off of nearly $2 million while running the public water
>>>>>>>>utility in
>>>>>>>>Youngstown. Flask first received notoriety during the 1983 Federal
>>>>>>>>bribery trial
>>>>>>>>of then-Sheriff James Traficant, when it was revealed that Cleveland
>>>>>>>>Mafia
>>>>>>>>associate Charlie "The Crab" Carabbia had secretly tape recorded
>>>>>>>>Traficant
>>>>>>>>bragging about how he laundered through Flask's law office part of
>>>>>>>>the $163,000
>>>>>>>>in bribe money he accepted from the Mafia. Those same tapes revealed
>>>>>>>>that
>>>>>>>>Carabbia was blackmailing Flask with "compromising photographs of
>>>>>>>>Flask which
>>>>>>>>would ensure his silence!" Just days later, Carabbia was abducted
>>>>>>>>and murdered.
>>>>>>>>B & T Express employee Sam Traficanti was present during some of the
>>>>>>>>secret tape
>>>>>>>>-recorded meetings between the Carabbia brothers and Sheriff-elect
>>>>>>>>Traficant,
>>>>>>>>but was not charged. Two of Traficanti's fellow employees at B & T
>>>>>>>>Express also
>>>>>>>>donated to Traficant's campaign records show. Traficanti is not
>>>>>>>>related to
>>>>>>>>Congressman Traficant. Last September, the Congressman's employee
>>>>>>>>Anthony
>>>>>>>>Traficanti was subpoenaed by the Federal Grand Jury in
>>>>>>>>Cleveland.
>>>>>>>>Congressman Traficant has also received campaign contributions from
>>>>>>>>Youngstown
>>>>>>>>resident Walter Terlecki. In recent months, Congressman Traficant
>>>>>>>>has entered
>>>>>>>>into the Congressional Record sworn affidavits by Michael "Beef"
>>>>>>>>Terlecky, a
>>>>>>>>former Mahoning County Deputy Sheriff who was convicted of taking
>>>>>>>>bribes from
>>>>>>>>the Mafia. Terlecky now claims that he was set up by some of the
>>>>>>>>same
>>>>>>>>authorities that are now involved in the investigation of
>>>>>>>>Congressman Traficant,
>>>>>>>>including two public figures who attended an anti-Mafia summit
>>>>>>>>meeting recently
>>>>>>>>in Palermo, Sicily. The Congressman has denied a request by the
>>>>>>>>chairman of the
>>>>>>>>Mahoning County Board of Elections who is seeking information the
>>>>>>>>Congressman
>>>>>>>>claims to have regarding Mafia bribes to the campaigns of elected
>>>>>>>>officials in
>>>>>>>>Youngstown. Terlecky also claims that it was he who found the
>>>>>>>>infamous
>>>>>>>>Carabbia tapes months before the FBI during an illegal search and
>>>>>>>>seizure
>>>>>>>>regarding an investigation into the murder of yet another Youngstown
>>>>>>>>Mafia
>>>>>>>>figure, Joe DeRose. However, conversations on the Carabbia tapes
>>>>>>>>that include
>>>>>>>>remarks made by Sam Traficanti clearly indicate that the tapes were
>>>>>>>>recorded
>>>>>>>>months later than Terlecky's claims, when Traficant had just been
>>>>>>>>elected
>>>>>>>>Sheriff. Congressman Traficant is also now claiming that an FBI
>>>>>>>>agent in
>>>>>>>>Youngstown was taking bribes from the Mafia 38 years ago in
>>>>>>>>1962. During
>>>>>>>>the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
>>>>>>>>fireworks
>>>>>>>>distributor Bruce Zoldan testified that Chance shook him down
>>>>>>>>for `tribute
>>>>>>>>money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
>>>>>>>>in with
>>>>>>>>Chance was in 1983, when Sheriff Traficant and his Deputy Chance
>>>>>>>>raided Zoldan's
>>>>>>>>fireworks business two days before their busiest moneymaking period,
>>>>>>>>the Fourth
>>>>>>>>of July. Zoldan would also testify that the Gambino Family led by
>>>>>>>>John Gotti
>>>>>>>>extorted a huge sum of money from him in order to do business in New
>>>>>>>>York. The
>>>>>>>>murder of Mafia figure Joey Naples, who was among those who
>>>>>>>>contributed to the
>>>>>>>>$163,000 bribe to Traficant, is believed to be a result of the fight
>>>>>>>>for control
>>>>>>>>of the fireworks business. David Sugar pleaded guilty last year
>>>>>>>>to
>>>>>>>>Obstruction of Justice charges in regards to his attempts to conceal
>>>>>>>>evidence
>>>>>>>
>>>>>>>>from the Grand Jury in Cleveland investigating financial dealings
>>>>>>>
>>>>>>>
>>>>>>>>between Sugar,
>>>>>>>>his construction company, and Congressman Traficant. Sugar is
>>>>>>>>expected to
>>>>>>>>testify against Traficant at any future criminal proceedings, as is
>>>>>>>>Traficant's
>>>>>>>>former employee on his horse farm, Clarence Broad. In November of
>>>>>>>>last year,
>>>>>>>>Broad pleaded guilty to charges he tried to hire a hitman to murder
>>>>>>>>a woman who
>>>>>>>>was expected to give damaging testimony against Traficant before the
>>>>>>>>Grand Jury
>>>>>>>>in Cleveland. Criminal attorney Mark Colucci, who also is among
>>>>>>>>those who have
>>>>>>>>given money to Traficant's campaign, responded by alleging in
>>>>>>>>Federal Court that
>>>>>>>>Prosecutor Craig Morford had used coercion to force Broad to plead
>>>>>>>>guilty. Judge
>>>>>>>>Donald Nugent was not impressed with Colucci's unsubstantiated
>>>>>>>>claims and
>>>>>>>>threatened to cite Colucci for Contempt of Court. In 1998 and
>>>>>>>>2000
>>>>>>>>Traficant accepted donations from controversial activist James
>>>>>>>>Zogby, President
>>>>>>>>of the Arab American Institute. Zogby was recently in the news last
>>>>>>>>October,
>>>>>>>>when his appointment as an Advisor to the Al Gore campaign sparked
>>>>>>>>outrage
>>>>>>>>worldwide among supporters of Israel. The Jerusalem Post quoted
>>>>>>>>terrorism expert
>>>>>>>>Steven Emerson: "Zogby has not only made comments that are
>>>>>>>>incendiary but he has
>>>>>>>>also made comments that are anti-Semitic!" "(Zogby has) openly
>>>>>>>>supported the
>>>>>>>>Hizbullah!" Emerson is renown for his investigation of the terrorist
>>>>>>>>bombing of
>>>>>>>>Pan Am Flight 103, which exploded over Lockerbie, Scotland in
>>>>>>>>December, 1988,
>>>>>>>>killing 270 people, including 35 Syracuse University students.
>>>>>>>>On June 29,
>>>>>>>>1993, Senator John McCain entered into the Congressional Record a
>>>>>>>>public
>>>>>>>>challenge to the FBI and the Justice Department to share information
>>>>>>>>on the
>>>>>>>>People's Mujahidin Organization of Iran, a suspected terrorist
>>>>>>>>organization that
>>>>>>>>was involved in a clandestine effort to influence public policy
>>>>>>>>through an
>>>>>>>>organized campaign of directing contributions to the campaigns of
>>>>>>>>selected
>>>>>>>>members of Congress. Said the Senator: "Given the charges made in a
>>>>>>>>previous FBI
>>>>>>>>report that the PMOI has a history of terrorism, an anti-Western
>>>>>>>>ideology, and
>>>>>>>>ties to the regime of Saddam Hussein, this should be a matter of
>>>>>>>>concern to all
>>>>>>>>Members." In 1997 The Iran Report, a publication of the Middle
>>>>>>>>East Data
>>>>>>>>Project, identified four members of Congress as recipients of
>>>>>>>>campaign donations
>>>>>>>
>>>>>>>>from alleged associates of the PMOI. Those four were Robert
>>>>>>>
>>>>>>>
>>>>>>>>Torricelli of New
>>>>>>>>Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
>>>>>>>>Traficant of
>>>>>>>>Ohio. To date, none of these individuals have been charged with
>>>>>>>>making illegal
>>>>>>>>campaign contributions. However, Senator Torricelli is currently in
>>>>>>>>the news
>>>>>>>>defending himself against a Chinese fundraiser named David Chang,
>>>>>>>>who has
>>>>>>>>pleaded guilty to illegally contributing $53,000 to Torricelli's
>>>>>>>>1996 campaign.
>>>>>>>>Numerous recent Media reports show that the Feds are now nearing the
>>>>>>>>conclusion
>>>>>>>>of an investigation that began with reports of impropriety regarding
>>>>>>>>contributions to Torricelli's 1996 campaign. Congressman
>>>>>>>>Traficant has
>>>>>>>>developed a huge following in the Arab and Muslim countries in the
>>>>>>>>Middle East
>>>>>>>>because of his passionate public support for accused terrorists
>>>>>>>>Abdel Basset Ali
>>>>>>>>Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
>>>>>>>>bombing of Pan Am
>>>>>>>>Flight 103, and former auto worker John Demjanjuk, who was placed on
>>>>>>>>trial in
>>>>>>>>Israel on charges he was "Ivan the Terrible," a Nazi concentration
>>>>>>>>camp guard
>>>>>>>>responsible for the murders of thousands of Jews during World War
>>>>>>>>II. Demjanjuk
>>>>>>>>was convicted and sentenced to death, although the Israeli Supreme
>>>>>>>>Court later
>>>>>>>>reversed his conviction. Congressman Traficant then flew to Israel
>>>>>>>>to personally
>>>>>>>>escort the accused murderer back to the United States. In the
>>>>>>>>case of the
>>>>>>>>terrorist bombing of Pan Am Flight 103, Traficant first went public
>>>>>>>>in this
>>>>>>>>matter at a press conference in 1989, at which he claimed that the
>>>>>>>>bombing was
>>>>>>>>the result of a joint Syrian/CIA operation. ABC News London
>>>>>>>>correspondent Pierre
>>>>>>>>Salinger then picked up the story, utilizing Traficant, government
>>>>>>>>informant
>>>>>>>>Lester Coleman, and private investigator Juval Aviv as his sources.
>>>>>>>>Coleman
>>>>>>>>later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
>>>>>>>>story was a
>>>>>>>>hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
>>>>>>>>fraud
>>>>>>>>charges unrelated to the Pan Am case. He was acquitted. Upon
>>>>>>>>Aviv's
>>>>>>>>indictment Congressman Traficant found a replacement in Boris de
>>>>>>>>Korczak as his
>>>>>>>>lead researcher in his quest to prove his Pan Am 103 theory. Boris
>>>>>>>>is best known
>>>>>>>>for the lawsuit he filed in 1996 against the CIA in which he claimed
>>>>>>>>he had been
>>>>>>>>recruited by the CIA as a double agent against the KGB, that
>>>>>>>>his `cover' had
>>>>>>>>been blown by a drunken U. S. official which resulted in a shoot-out
>>>>>>>>with the
>>>>>>>>KGB during a car chase through the streets of Copenhagen, and that
>>>>>>>>his CIA case
>>>>>>>>Officer extorted from him a bribe of Russian Medieval icons worth
>>>>>>>>$300,000 in
>>>>>>>>exchange for the promise of help in obtaining the pension he claimed
>>>>>>>>was owed
>>>>>>>>him. Boris claims he turned over the bribe, only to be shot in the
>>>>>>>>kidney 4
>>>>>>>>months later by an unknown assailant armed with a pellet gun. The
>>>>>>>>CIA denied
>>>>>>>>Boris' claims he was owed monetary compensation and also denied any
>>>>>>>>of its
>>>>>>>>employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
>>>>>>>>and the
>>>>>>>>decision was upheld on Appeal. Despite the efforts of Traficant
>>>>>>>>and his
>>>>>>>>associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
>>>>>>>>Al-Megrahi
>>>>>>>>was recently convicted as the terrorist who planted the bomb that
>>>>>>>>destroyed Pan
>>>>>>>>Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
>>>>>>>>addition to
>>>>>>>>receiving campaign money from convicted Mafia figures and Middle
>>>>>>>>Eastern
>>>>>>>>political operatives, FEC documents also detail contributions made
>>>>>>>>to
>>>>>>>>Traficant's campaign from Unions that have been involved in
>>>>>>>>corruption scandals
>>>>>>>>in recent years. Those Unions include the American Federation of
>>>>>>>>State, County,
>>>>>>>>& Municipal Employees, the Communications Workers of America, the
>>>>>>>>Transport
>>>>>>>>Workers Union, and the UFCW. Traficant has also received
>>>>>>>>donations from the
>>>>>>>>Italian-American Democratic Leadership Council, the Al Gore for
>>>>>>>>President
>>>>>>>>campaign, and the National Education Association Fund for Children
>>>>>>>>and Public
>>>>>>>>Education. Ironic is the $12,000 donated to Traficant by the
>>>>>>>>Association of
>>>>>>>>Trial Lawyers, as Traficant is one of the few people without a law
>>>>>>>>degree to
>>>>>>>>have ever beaten a Federal racketeering trial by acting as his own
>>>>>>>>attorney.
>>>>>>>>When Sheriff Traficant was arrested by the FBI in 1982, he signed a
>>>>>>>>confession
>>>>>>>>after agents played for him excerpts from the Carabbia tapes.
>>>>>>>>Traficant then
>>>>>>>>hired one of the best attorneys in the business, Carmen Policy, Ed
>>>>>>>>Flask's
>>>>>>>>partner, who is today the President of the Cleveland Browns
>>>>>>>>professional
>>>>>>>>football team. However, after Traficant went public with charges
>>>>>>>>that just about
>>>>>>>>every public official in Youngstown was involved with the Mafia,
>>>>>>>>Policy dumped
>>>>>>>>Traficant as his client. Traficant then made a bold - and some would
>>>>>>>>say insane
>>>>>>>>- decision to renounce his confession and stand trial, acting as his
>>>>>>>>own
>>>>>>>>attorney. Traficant explained to the jury that he only accepted the
>>>>>>>>Mafia bribe
>>>>>>>>money so he would know whom to arrest for corruption once elected
>>>>>>>>Sheriff. After
>>>>>>>>four days of deliberations, the jury returned a verdict that stunned
>>>>>>>>the
>>>>>>>>Prosecutors and journalists that covered the trial; Not Guilty.
>>>>>>>>Traficant then
>>>>>>>>turned the publicity over his acquittal to his advantage and was
>>>>>>>>elected to
>>>>>>>>Congress in 1984. However, three years later he was again in Court,
>>>>>>>>facing civil
>>>>>>>>charges that he owed taxes on the $163,000 in Mafia bribes.
>>>>>>>>Representing him was
>>>>>>>>attorney George Alexander, who has since been convicted of
>>>>>>>>racketeering with the
>>>>>>>>Mafia. As in the O. J. Simpson case, Traficant was convicted in his
>>>>>>>>civil trial
>>>>>>>>and ordered to pay back taxes, fines, and interest. For many
>>>>>>>>months now,
>>>>>>>>Traficant has been predicting during public appearances that he
>>>>>>>>expects to be
>>>>>>>>indicted - again - by the Federal authorities in Cleveland who have
>>>>>>>>to date
>>>>>>>>convicted over 70 public officials, many of whom are associates of
>>>>>>>>the
>>>>>>>>Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
>>>>>>>>JAMESDE@prodigy.net.
>>>>>>>>
>>>>>>>>source: http://www.americanmafia.com/Feature_Articles_121.html
>>>>>>>>above material appeared in
>>>>>>>>Politics and Bedfellows An Age Old Story Told Once Again
>>>>>>>>just Google that title to read the rest of the material
>>>>>>>>
>>>>>>>>material below is from:
>>>>>>>>http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
>>>>>>>>The RICO Trusteeships after Twenty Years: A Progress Report
>>>>>>>>United States v. Local 30, United Slate Tile and Composition Roofers,
>>>>>>>>No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
>>>>>>>>and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
>>>>>>>>90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
>>>>>>>>other unions, such as the Union of Painters and Allied Trades,
>>>>>>>>International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
>>>>>>>>9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
>>>>>>>>(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
>>>>>>>>Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
>>>>>>>>(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
>>>>>>>>F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
>>>>>>>>(1978).
>>>>>>>> 19. See infra Table II.
>>>>>>>> 20. Local 30, United Slate Tile and Composition Roofers,
>>>>>>>>No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
>>>>>>>>1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
>>>>>>>>States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
>>>>>>>>http://bnabooks.com/ababna/laborlawyer/19.3.pdf
>>>>>>>>
>>>>>>>>material below appeared at
>>>>>>>>http://www.fhwa.dot.gov/policy/hl95mar.htm
>>>>>>>>Fuel Tax Evasion Highlights, March 1995
>>>>>>>>Volume 4, Number 1 March 1995
>>>>>>>>
>>>>>>>>--------------------------------------------------------------------------------
>>>>>>>>IN THE NEWS
>>>>>>>>Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
>>>>>>>>1980's who turned government informant and was subsequently booted out
>>>>>>>>of the witness protection program and is now wanted by Texas
>>>>>>>>officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
>>>>>>>>Marat Balagula pled guilty to conspiring to evade $85 million in
>>>>>>>>federal gasoline taxes on nearly one billion gallons of fuel sold in
>>>>>>>>the NY area between 1983-88. The surprise plea came Oct. 18, a month
>>>>>>>>before he and 7 others were to begin trial. Balagula is already
>>>>>>>>serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
>>>>>>>>A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
>>>>>>>>their role in the scheme. On Nov. 4, John Barberio was the last to
>>>>>>>>plead guilty. Michael Varzar had pled guilty earlier. An eighth
>>>>>>>>defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
>>>>>>>>Dept. of Justice Press Release, 11/4/94
>>>>>>>>Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
>>>>>>>>a diesel conspiracy that resulted in a federal tax loss of over
>>>>>>>>$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
>>>>>>>>Slusker, using the alias Semyan Altman and doing business as Accurate
>>>>>>>>Tank Testing, Inc., used a false Form 637 to purchase over 587,00
>>>>>>>>gallons of untaxed diesel fuel which was then sold to numerous truck
>>>>>>>>stops throughout Ohio, tax included. Co-defendant, Roman Kalika
>>>>>>>>pleaded not guilty to federal tax evasion charges. The IRS Criminal
>>>>>>>>Investigation Div. and the Ohio Dept. of Taxation investigated the
>>>>>>>>case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
>>>>>>>>Columbus Dispatch, 12/24/94
>>>>>>>>The worldwide activities of Russian organized crime and its ability to
>>>>>>>>bilk companies, governments and individuals out of billions of dollars
>>>>>>>>through sophisticated fraud and theft schemes is described in two
>>>>>>>>recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
>>>>>>>>6/94
>>>>>>>>The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
>>>>>>>>C. Kramer with misappropriating nearly $1 million in motor fuel taxes
>>>>>>>>during 1990. At the time, Gedig was president of United Petroleum,
>>>>>>>>Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
>>>>>>>>State Journal, 11/1/94
>>>>>>>>The work of Charles Hurchalla in helping to expose a massive fuel tax
>>>>>>>>scam masterminded by the Russian mob and involving the La Cosa Nostra
>>>>>>>>is described in a recent article. Philadelphia Magazine, 10/94
>>>>>>>>Court documents filed by federal authorities in NJ name John Gotti as
>>>>>>>>an unindicted co-conspirator in organized crime efforts to dominate
>>>>>>>>the bootleg motor fuel industry in the NY metropolitan area. The
>>>>>>>>disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
>>>>>>>>allegedly a capo in the Gambino crime family, and Gregory Federico,
>>>>>>>>owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
>>>>>>>>Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
>>>>>>>>charges growing out of the Operation Red Daisy investigation conducted
>>>>>>>>jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
>>>>>>>>Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
>>>>>>>>12/16/94
>>>>>>>>Jerry Radney owner of Cody's, a fuel distribution service, and
>>>>>>>>Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
>>>>>>>>and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
>>>>>>>>Southern States Oil and Gas, Inc., of Atlanta, were indicted of
>>>>>>>>conspiring to defraud the U.S. by failing to pay fuel excise taxes
>>>>>>>
>>>>>>>>from 1989-1991. According to the indictment, Renner, Meyer and
>>>>>>>
>>>>>>>
>>>>>>>>Denniston set up a phony Greek Shipping company called Halcoussis
>>>>>>>>Shipping Lines. It is alleged that Renner, Meyer and Denniston then
>>>>>>>>caused Southern States to purchase truckloads and bargeloads of tax-
>>>>>>>>free diesel fuel and used transformer oil from suppliers and utility
>>>>>>>>companies using false documents showing the fuel was destined for
>>>>>>>>Halcoussis. Allegedly Southern States then delivered the blended fuel
>>>>>>>>to Cody's which in turn sold it to retailers throughout the Southeast
>>>>>>>>at a tax included price. Justice Dept. News Release, 5/25/94; Oil
>>>>>>>>Week, 5/30/94;
>>>>>>>>Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
>>>>>>>>convicted in a motor fuel scheme which defrauded the State of Texas in
>>>>>>>>excess of $475,000. Press Release, Travis County D.A.
>>>>>>>>The State of Maryland filed tax assessments of over $300,000 against
>>>>>>>>two trucking companies and a fuel oil distribution firm for using home
>>>>>>>>heating oil in trucks. Six other companies are expected to receive
>>>>>>>>assessments. The assessments stem from a joint investigation by the MD
>>>>>>>>Comptroller's Office and the EPA. The EPA notice of violation listed
>>>>>>>>Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
>>>>>>>>Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
>>>>>>>>Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
>>>>>>>>and E. King, King's Trucking, of Laurel. The IRS is also expected to
>>>>>>>>investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
>>>>>>>>6/20/94; Washington Times, 6/10/94
>>>>>>>>Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
>>>>>>>>pleading no contest to using untaxed fuel in highway vehicles. Lincoln
>>>>>>>>Star, 1/14/95
>>>>>>>>Bootleg gasoline sales may be costing Jacksonville, FL, millions of
>>>>>>>>dollars annually in local option fuel taxes. Jacksonville Times-Union
>>>>>>>>Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
>>>>>>>>to 54 criminal counts, including failing to pay more than $24 million
>>>>>>>>in CA taxes, illegally disposing of hazardous waste, and selling
>>>>>>>>substandard gas in connection with their 200 gas stations. Under a
>>>>>>>>plea agreement they are to be sentenced to no less than 5 nor more
>>>>>>>>than 8 years in State prison. The amount of restitution could be as
>>>>>>>>much as $800 million. The Lazars operated California Target
>>>>>>>>Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
>>>>>>>>Service Stations, and Challenge Marketing. The firms are pending
>>>>>>>>trial, as are attorney Douglas T. Richardson and accountants Neil
>>>>>>>>Balzar and Mario Rene Solares. The investigation was conducted by the
>>>>>>>>L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
>>>>>>>>of Equalization, the Dept. of Special Taxes and Operations, the Dept.
>>>>>>>>of Food and Agriculture Div.of Measurement Standards, the CA EPA and
>>>>>>>>the CA Air Resources Board. News Release, L.A. District Attorney,
>>>>>>>>9/26/94; L.A. Times, 9/27/94
>>>>>>>>Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
>>>>>>>>District Court to felony tax evasion in a diesel fuel scheme. Ezra
>>>>>>>>pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
>>>>>>>>evading $570,000 between March and June, 1992. Operating as "Eurika
>>>>>>>>Distribution, Inc., they purchased over 10 million gallons of fuel tax-
>>>>>>>>free using fraudulent documents. They have agreed to pay nearly $2
>>>>>>>>million in restitution. Maximum sentences are 5 years in prison and a
>>>>>>>>$250,000 fine. Justice Dept. News Release, 10/18/94
>>>>>>>>FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
>>>>>>>>Revenue Department special agents who are trained in investigating
>>>>>>>>fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
>>>>>>>>TX)
>>>>>>>>DYED DIESEL ENFORCEMENT
>>>>>>>>Truckers are warned not to run on red diesel and urged to do visual
>>>>>>>>checks when refueling.
>>>>>>>>Transport Topics, 10/24/94
>>>>>>>>The Mississippi Depts. of Transportation, Agriculture and Commerce,
>>>>>>>>and the State Tax Commission joined with the IRS in "Operation Red
>>>>>>>>Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
>>>>>>>>11/7/94
>>>>>>>>On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
>>>>>>>>and showing on-road dyed diesel enforcement in North Carolina.
>>>>>>>>WANT TO KNOW MORE?
>>>>>>>>For more information or updates to the mailing list, call Linda
>>>>>>>>Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
>>>>>>>>20590.
>>>>>>>>FAX back address corrections or additions to: 202-366-7696
>>>>>>>>
>>>>>>>
>>>>>>>I agree completely with that one part about that one guy
>>>>>>>who said something about something or other.
>>>>>>>
>>>>>>>Discuss!
>>>>>>
>>>>>>I'm proud to be a union man. I pay my dues when I can... yeah.
>>>>>
>>>>>
>>>>>Yeah, me too. Well, I'm not a "union man" or anything. But it's nice
>>>>>to chat with you anyway, you know, just to "see how the other half
>>>>>live," and all. Anyway, what's up?
>>>>
>>>>Not much here, i had a favorite fan of yours talking to one of my
>>>>bots, recently.
>>>
>>>
>>>Is this supposed to be some kind of code for something?
>>
>>Is "what" supposed to be...."" ""?
>
>
> Sounds like "secret code." A "fan" of mine had a talk with a "bot" of
> yours? Just what exactly am I supposed to infer from this? (Like,
> "'Brown Fox' will meet with 'Lazy Dog.' Here is the dossier. You are
> being watched."). What gives? Should I be scared? I'm scared.

his nick was "wavy g's number won fan". He got into a discussion with one
of my bots. he was totally fascinated by it and told it something akin to
giving up being your #1 fan to talk to it. There was some pretty strange
conversation about dead bodies or some **** in a basement or something.
no ****. look up the nick over the past two weeks, i don't think it's been
longer than that, but i don't keep track of time too well either.

Hell, i figured with a nick like that you'd've known right off the bat to
whom i was referring. no code. just the straight dope.



--
And lo, it was evening and it was morning and there
were already two ways to store Unicode.
http://video.google.com/googleplayer.swf?docId=8245476550623867087