Guest
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.
> 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.
