RECEIVED

JUN 1 4 2005

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK DOAR RIECK & MACK

UNITED STATES OF AMERICA,

Plaintiff,

90 CIV 5722 -against-   (CSH)

DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED

BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et.al.,

Defendants.

x

Independent Investigator Interview

June 3, 2005

9:25 o'clock a.m.

Interview of JOHN GREANEY by the

Independent Investigator, Walter Mack, Esq., at

the offices of Doar, Rieck & Mack, Esqs., 217

Broadway, 7th Floor, New York, New York

10007-2911, before Stewart Nissenbaum, a Shorthand

Reporter and Notary Public of the State of New York.

TANKOOS REPORTING COMPANY, INC.

305 Madison Avenue   142 Willis Avenue

Suite 449   P.O. BOX 347

New York, N.Y. 10165   Mineola, N.Y. 11501

(212)349-9692   (516) 741-5235

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2   this capacity, is to point out the

3   concern that could be present, ask the

4   attorney to put a statement on the

5   record, or at least evaluate whether he

6   feels that he could be conflicted,

7   because if he does, then he has a duty

to withdraw and have other counsel.

9   Then I would ask you, knowing

10   about that hypothetical situation, to

11   basically say, gee, if there's a

12   conflict, you know, I'm not concerned

13   about it, and I basically want

14   Mr. Dienst as my lawyer. I'm going to

15   honor those requests, because I don't

16   see it in my role, and I doubt that the

17   judge would see it in his role, to

18   disqualify an attorney that a client

19   wants to have representing him.

20   MR. GREANEY: Okay.

21   MR. MACK: I feel it is my duty

22   to point it out, and point out the fact

23   that if it turned out, for instance,

24   that you didn't tell me something about

25   John Gaffney that you knew about, that

(212) 349-9692 TANKOOS REPORTING COMPANY (516) 741-5235

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2   was critical of him, and tried to use

3   the defense: Well, the reason I didn't

4   tell him was because Richard Dienst was

5   telling me it is not pertinent; don't

6   tell Mack about that; that defense would

7   not be available to you. The judge

8   would say:. Mack made a special effort

9   in pointing out to you that there was a

10   potential conflict. You said, hey, I'm

11   happy with Richard Dienst and I want him

12   as my attorney.

13   Another way of looking at it,

14   there are issues about Joe Firth's time

15   and attention to the Silo site. You

16   might have had an opportunity where you

17   went to the site, you might have an

18   opinion that Joe should have been at the

19   site more often than he was.   If I asked

20   you that question, which I will, you

21   know, just because you're critical of

22   Joe Firth, you have to tell me that, if

23   that was your opinion.

24   And Richard Dienst, who

25   represents Joe Firth, might say:   I hope

(212) 349-9692 TANKOOS REPORTING COMPANY (516) 741-5235

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   1   John Greaney

   2   Q   He was the shop steward; right?

   3   A   Yes, yes.

   4   Q   Was there anything else about the

   5   performance of Peter Okeefe that these

   6   nonunion carpenters told you about?

   7   A   I can't say.   No.

   8   Q   Do you remember?

   9   A   I can't remember. If they did,

   10   can't remember.

   11   Q   Although your counsel -- when did

   12   you first become aware that Richard Gotti was

   13   a person at this jobsite?

   14   A   When Joe Firth came back from his

   15   deposition with you.

   16   Q   That was the first time that you

   17   heard that Richard Gotti was on the shop.

   18   steward reports?

   19   A   Yeah. •Well, Joey showed it to

   20   me. He told me you showed it to him. But he

   21   didn't pick it up right away.

   22   Q   This is a broad question:   Did

   23   anyone ever mention to you that there was

   24   either a bad guy, or an intimidating guy, an

   25   organized crime guy, any perjorative term,

(212) 349-9692 TANKOOS REPORTING COMPANY (516) 741-5235

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1.            John Greaney

   2   having to do with this jobsite?

   3   A   Yes. I believe there was

   4   somebody on-site that made a statement like,

   5   you know, this could be tied in with

   6   organized crime. It wasn't one of our guys,

   7   it was somebody else that was on the job. I

   8   don't know what trade, but that was said;

   9   that was said.

   10   Q   Can you put any -- after your

   11   first raid, on the raid; when?

   12   A   I would say after and possibly

   13   even when these guys left, Silo, possibly

   14   after they left.

   15   Q   Was it a worker, was it a

   16   laborer?

   17   A   The guy was a worker, I don't

   18   know if he was a laborer or fitter. He had

   19   seen us there, I guess, a couple of times,

   20   and saw the agent.

21   Q   To the very best of your

22   recollection, what was the substance, the

   23   gist, or what did he say, as best you can

24   tell me?

25   A   Basically, he insinuated there

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   1   John Greaney

   2   was organized crime, these guys were involved

   3   with organized crime.

   4   Q   How did he describe it, I mean,

   5   did he   say "organized crime," or did he say

   6   "wiseguys" or "heavies"?

   7   A   "Organized crime"; that's what he

   8   stated.

   Q   Who, besides you, heard that?

   10   A   Jerry; Jerry was with me.

   11   Q   When you heard that, what, if

   12    any, action did you take?

   13   A   Zero.

   14   Q   Why?

   15   A   They were gone, they were gone,

   16   believe   they were already gone.

   17   Q   Off the site?

   18   A   Silo, yes.

   1.9   Q   If they were, I mean, were you

   20   confident that they would never return to a

   21   608 site?

   22   A   Who, Silo?

   23   Q   Yes.

24   A   No, no. They were on one more

   25   site in   our area, in Times Square, actually.

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1               John Greaney

   2   Right.

   3   A   Up on the roof. I forget which

   4   one. It is the southwest building on 42nd

   5   Street.

   6   Q   Was there anything that was not

   7   right about that job?

   8   A   I believe so.

   9   Q   What do you recall about that?

   10   A   I believe they were doing a type

   11   of parapet wall on the roof, that's the low

   12   walls. That was Maurice's area then. He had

   13   a problem with them.

   14   Q   What was the problem, if you

   15   know?

   16   A   I think that they were shut down,

   17   or they went there and maybe never called the

   18   job in, and I guess Maurice sent a steward

   19   and then they were probably on the shutdown

20   list, if I can remember correctly. And they

21   didn't last too long there, either, from my

22   recollection. I think they were replaced on

23   that job.

24   Q   Were they grieved, if you know?

25   A   I don't know.

(212) 349-9692 TANKOOS REPORTING COMPANY (516) 741-5235