UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK  PDF Image

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UNITED STATES OF AMERICA,

Plaintiff,

v.                                               90 Civ. 5722 (CSH)

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BENJAMIN H. TORRANCE, pursuant to the provisions of 28 U.S.C. § 1746, declares as follows:

1.    I am an Assistant United States Attorney in the office of David N. Kelley, United States Attorney for the Southern District of New York, attorney for plaintiff in the above-captioned action. I have been assigned to prosecute this matter and am familiar with the proceedings herein.

2.    Attached to this declaration are true and correct copies of the following exhibits:

Exhibit 1   Consent Decree (PDF FILE)

Exhibit 2   Decision No. 1 by the IRO (Regarding Job Referral Rules)

Exhibit 3   Decision No. 3 by the IRO (Regarding Job Referral Rules)

Exhibit 4   Interim Report of the IRO, Oct. 4, 1994 ("IRO First Interim Report"), excerpts (PDF FILE)

Exhibit 5   Second Interim Report of the IRO, March 13, 1995 ("IRO Second Interim Report"), excerpts (PDF FILE)

Exhibit 6   Third Interim Report of the IRO, October 30, 1995, ("IRO Third Interim Report"), excerpts (PDF FILE)

Exhibit 7   Fourth Interim Report of the IRO, March 15, 1996 ("IRO Fourth Interim Report"), excerpts (PDF FILE)

Exhibit 8   Sixth Interim Report of the IRO, March 4, 1997 ("IRO Sixth Interim Report"), excerpts (PDF FILE)

Exhibit 9   Tenth. Interim Report of the IRO, December 3, 1998 ("IRO Tenth Interim Report"), excerpts and Exhibits 7 and 9 thereto

Exhibit 10   Report on the "50/50" Rule and "Request System" by Independent Investigator Walter Mack, Nov. 5, 2004

Exhibit 11   Report on Boom Construction by Independent Investigator Walter Mack (revised), May 2, 2005, with cover letter

Exhibit 12   Arguelles Deposition, excerpts (PDF FILE)

Exhibit 13   Casey Deposition, excerpts (PDF FILE)

Exhibit 14   Corrigan Deposition, excerpts (PDF FILE)

Exhibit 15   DeFeo Deposition, excerpts (PDF FILE)

Exhibit 16   Duhig Deposition, excerpts (PDF FILE)

Exhibit 17   Frederick Deposition, excerpts (PDF FILE)

Exhibit 18   Gimblett Deposition, excerpts (PDF FILE)

Exhibit 19   Greaney Deposition, excerpts (PDF FILE)

Exhibit 20   Mitchell Deposition, excerpts (PDF FILE)

Exhibit 21   Nee Deposition, excerpts (PDF FILE)

Exhibit 22   Simon Deposition, excerpts (PDF FILE)

Exhibit 23   Independent Building Construction Agreement, July 1, 1993—June 30, 1996, excerpts (PDF FILE)

Exhibit 24   Building Construction Agreement between Building Contractors Association and District Council, July 1, 1993–June 30, 1996 (PDF FILE)

Exhibit 25   Order of June 4, 2001 (PDF FILE)

Exhibit 26   Memorandum of Joseph Olivieri; Association of Wall-Ceiling & Carpentry Industries of New York, July 2, 2001 (marked as Exhibit EP-1 to Deposition of Edward Piccirillo) (PDF FILE)

Exhibit 27   Independent Building Construction Agreement, July 1, 2001–June 30, 2006, excerpts (PDF FILE)

Exhibit 28   Resilient Floor Coverers Agreement, July 1, 2001–June 30, 2006, excerpts   (PDF FILE)

Exhibit 29   Agreement with Association of Wall-Ceiling & Carpentry Industries of New York, July 1, 2001–June 30, 2006, excerpts (PDF FILE)

Exhibit 30   Building Construction Agreement between Building Contractors Association and District Council, July 1, 2001–June 30, 2006, excerpts (PDF FILE)

Exhibit 31   Transcript of April 12, 2005, excerpts (Thomassen) (PDF FILE)

Exhibit 32   Transcript of April 14, 2005, excerpts (Thomassen ) (PDF FILE)

I declare under penalty of perjury that the foregoing is true and correct.

Dated: New York, New York
August 10, 2005

NJAMIN H. TORRANCE (BT-1118)

Assistant United States Attorney

Telephone: 212.637.2703

Fax: 212.637.2702

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