Suit
says workers swindled union
Friday, January
14, 2005
By MONSY ALVARADO
STAFF WRITER
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Clerical workers were paid $47.50 per hour, while
a dentist received $123,000 a year for working two
afternoons a week reviewing claims. One employee
earned an annual salary of more than $100,000 simply
for retrieving voice-mail messages twice a week.
Those are some of the misuses of funds alleged in
a lawsuit, filed last week in U.S. District Court in
Newark, against several employees of Local 734 of
the Laborers' International Union of North America
in Rochelle Park.
The lawsuit asserts that the employees swindled
its members by providing "non-essential" jobs and
overpaid positions to relatives and close
associates. The lawsuit charges that the pension and
welfare funds were defrauded in excess of $1
million.
"These grossly excessive salaries caused the
Pension fund to pay approximately 40 percent of its
total contributions towards administrative costs
with the Welfare Funds paying approximately 20
percent in that connection - far exceeding
permissible administrative costs under the ERISA
[Employment Retirement Income Security Act]," the
lawsuit states.
Furthermore, the lawsuit says, a number of no-bid
contracts with "excessive payments" were awarded and
certain employees named in the lawsuit have ties to
the Genovese crime family.
The laborers' union, which has national
headquarters in Washington, D.C., is asking for a
federal investigation into the New Jersey local,
which has offices on Essex Street.
Lawyers for the trustees have also asked the
courts for a preliminary injunction restraining the
defendants from interfering with the operation of
the funds. They are also seeking compensatory and
consequential damages.
"Plaintiffs have suffered damages and will
continue to suffer damages as a result of the
defendant's actions,'' the lawsuit reads.
The laborers' union represents more than 800,000
men and women throughout the United States and
Canada. Members mostly work in construction, but the
union also represents health care, food service and
custodial workers.
The lawsuit was filed by Patrick Byrne and Paul
Drazen, trustees for the local's pension and welfare
funds, in response to a Dec. 30 order by Peter
Vaira, an independent hearing officer for the union.
After conducting an investigation, Vaira, former
U.S. attorney for the Eastern District of
Pennsylvania, found that "massive fraud" had been
perpetrated on the funds, according to the lawsuit.
Vaira also found that since at least 1996, August
"Auggie" Vergalito, a former executive board member
and assistant business manager, and a group of
individuals related or closely associated with him,
devised a scheme to defraud Local 734.
Vergalito, who Vaira claims is an associate of
the Genovese family, pleaded guilty in 1997 to
unlawfully concealing payments he made from the
local's educational and welfare fund, according to
the lawsuit. At the time, he received a $500 fine
and probation, documents show.
Among those named in the lawsuit are Vergalito's
wife, Rhoda; his daughter, Jamie Dolan; and
hissons-in-law, John Fritzsch and Edward Dolan. All
who have worked for the local at some capacity.
Peter Rizzo, the funds administrator, and Isaac
Barocus, an associate of Vergalito, are also named.
Rizzo and fund trustees named in the lawsuit did
not return calls seeking comment.
David Grossman, special counsel to the fund who
is representing Rizzo, denied that his client had
any connections to organized crime and said Rizzo
had nothing to do with the hirings. He also said the
employees cited in the lawsuit were hired for
legitimate jobs.
"They may have been paid a little more
than normal, but that's up to the courts to
decide,'' Grossman said. "They were not
no-show jobs, they were important to the
fund."
Grossman added that the funds, under the current
leadership, have been making money. He said the
pension fund is over $75 million, while the welfare
fund has more than $10 million.
"Where most funds have problems, these have been
fully funded,'' he said.
Angelo R. Bisceglie Jr., a lawyer for some of the
other defendants, did not return calls seeking
comment.
Vincent Giblin, lawyer for the trustees who filed
the lawsuit, said officials should have scrutinized
jobs more thoroughly.
"The men and women of Local 734 deserve better
than officials that permit ruse jobs to family
members,'' he said. "Rizzo, who served as a medical
screener, and as a former pension investigator,
should have known that his job was not essential."
A hearing for a preliminary injunction is
scheduled for Feb. 10. |