| TOP
The Laborers
Network www.thelaborers.net
©1998-2002. All Rights Reserved. |
|
UNITED
STATES DISTRICT COURT | |||
|
UNITED STATES OF AMERICA |
) |
|
|
|
Plaintiff |
) |
|
|
|
V. |
) |
NO |
|
|
LABORERS' INTERNATIONAL UNION OF |
) |
DRAFT |
|
|
|
) | ||
|
JOSEPH AIUPPA |
) |
|
|
|
) |
|
||
|
) |
|
||
|
) |
|
||
|
) |
Complaint |
||
|
) |
|
||
|
JAMES F. GALLO, |
) |
|
|
|
JOHN' GIARDIELLO, |
) |
|
|
|
MICHAEL LABARBARA, JR., |
) |
|
|
|
GENNARO LANGELLLA, |
) |
|
|
|
ANTHONY D. LIBERATORE , |
) |
|
|
|
CHESTER J. LIBERATORE, |
) |
|
|
|
LOUIS ANTHONY MANNA, also known as |
) |
|
|
|
JAMES MESSERA, |
) |
|
|
|
ROCCO J. NAPOLI, |
) |
|
|
|
CARMINE PERSICO, |
) |
|
|
|
ALFRED PILOTTO, |
) |
|
|
|
JOHN RIGGI, |
) |
|
|
|
JOSEPH P. ROSATO, |
) |
|
|
|
DANIEL G. SANSANESE, JR. |
) |
|
|
|
JOSEPH A. TODARO, SR., |
) |
|
|
|
JOSEPH A. TODARO, JR., |
) |
|
|
|
SALVATORE TRICARIO, |
) |
|
|
|
MATTHEW MICHAEL TRUPIANO, JR., |
) |
|
|
|
PETER VARIO, also known as "Jocko," |
) |
|
|
|
PETER A. VARIO, also known as "Butch" |
) |
|
|
|
|
) |
|
|
|
THE GENERAL EXECUTIVE BOARD OF |
) |
|
|
|
|
) |
|
|
|
ARTHUR ARMAND COIA, |
) |
|
|
|
General President,
|
) |
|
|
|
ROLLIN P. "BUD" VINALL, |
) |
|
|
|
General
Secretary-Treasurer, |
) |
|
|
|
MASON M. "MAX" WARREN, |
) |
|
|
|
First
Vice-President, |
) |
|
|
|
JOHN SERPICO, |
) |
|
|
|
Second Vice-President,
|
) |
|
|
|
VERE O. HAYNES |
) |
|
|
|
Third
Vice-President, |
) |
|
|
|
SAMUEL J. CAIVANO |
) |
|
|
|
Fourth Vice-President,
|
) |
|
|
|
ENRICO MANCINELLI, |
) |
|
|
|
Fifth Vice-President,
|
) |
|
|
|
CHUCK BARNES, |
) |
|
|
|
Sixth Vice-President,
|
) |
|
|
|
JACK WILKINSON, |
) |
|
|
|
Seventh
Vice-President |
) |
|
|
|
GEORGE R. GUDGER |
) |
|
|
|
Eighth Vice-President,
|
) |
|
|
|
MICHAEL QUEVEDO, JR. |
) |
|
|
|
Ninth Vice-President,
|
) |
|
|
|
ARMAND E. SABITONI |
) |
|
|
|
Tenth Vice-President,
|
) |
|
|
|
ROBERT J. CONNERTON, |
) |
|
|
|
General Counsel
|
) |
|
|
|
|
|
|
|
DRAFT
The United States of America, plaintiff herein, by and through, James B.
Burns, United States Attorney for the Northern District of Illinois, for its
complaint herein, alleges as follows:
1 This action is brought against the
Laborers' International Union of North
America, AFL-CIO (hereafter alternatively, "LIUNA," or "the union,") and others
to rid the union of domination and influence by members and associates of
organized crime. LIUNA has been infiltrated at all levels by corrupt individuals
and organized crime figures who have exploited their control and influence over
the union for personal gain and to the detriment of the union.
2. LIUNA union officers and employees at all levels, including the general
presidency, have been chosen, subject to the approval of, and have been
controlled by, various members and associates of organized crime. Four
consecutive General Presidents of LIUNA, Joseph V. Moreschi
(1926-1968), Peter Fosco (1968-1975), Angelo Fosco
(1975-1993) and ARTHUR ARMAND COIA (1993-present), have
associated with, and been controlled and influenced by, organized crime figures.
Consequently, the rights of the members of the union to control the affairs of
the union have been systematically abused. Those union members who opposed this
corrupt state of affairs, either at the local, district council, regional
or
1
international levels, have been intimidated into silence by violence, threats
or violence, economic coercion, and by the known ties of corrupt local, district
, regional, and international officials of the union with organized
crime.
3. The United States brings this suit for injunctive relief pursuant to the
Racketeer Influenced and Corrupt Organizations statute (hereafter "RICO"), Title
18, United States Code, Sections 1961 through 1968, to put an end to this
systemic, long-standing, and ongoing corruption of the union and to restore
control of its affairs to the members of the union.
4. Jurisdiction in this action is predicated upon Title 18, United Stares
Code, Section 1964(b) and Title 28, United States Code, Sections 1331, 1345, and
2201.
5. Venue for this action is predicated upon Title 18, United States Code,
Section 1965 and Title 28, United States Code, Section 1391(b)).
6. The United States invokes the expanded service of process provisions of
Title 18, United States Code, Section 1965(b).
2
7. Introduction: La Cosa Nostra (hereafter referred to
alternatively as the LCN," the mafia," or "the mob"), which name is based on a
phrase which translates into English from the Italian language as "this thing of
ours" or our thing," is a nationwide criminal organization which operates in
various cities throughout the United States. The LCN is composed of groups of
men of Italian descent who are organized into units which are referred to as a
"family", or, in the Italian language, "il borgata." A person becomes a member
of an LCN family through a ceremony which is conducted in a manner designed to
keep it, and the existence of the family, secret from persons who are not
members of the LCN. Each family of La Cosa Nostra is headed by a "boss" who is
assisted by an "underboss" and a "consigliere", or counselor. The family
conducts its criminal activities through entities known as "crews " headed and
supervised by a person referred to variously as a" street boss," a "crew boss",
a "caporegima", a "capodecima, a " capo " or some other such name. (Such persons
are hereafter referred to collectively as soldiers " or individually as a
"capo"). Each crew consists of formally inducted members of the family who are
commonly referred to as "soldiers" or "made members " and persons who are not
members, but who knowingly participate and cooperate in the activities of the
family, who are referred to as "associates." Persons who have been formally
inducted into
3
membership in an LCN family are often referred to as having been "made",
"straightened out, " or as being a " made member. "
8. Judicial Authority for the Existence of the
LCN: The
existence of the LCN has been proved in a number of cases including, among
others: United States v. Salerno, et. al., No.SSS85 Cr. 139
(RO), in the United States District Court for the Southern District of New York,
affirmed in 868 F. 2d 524, 534-:38 (2d Cir.), cert. denied, 493
U.S. 811 (1989) (hereafter "Salerno I" or " the Commission cases");
United States v. Salerno. et al., No. 86 Cr. 245 in the United
States District Court for the Southern District of New York (hereafter Salerno
II" or the "Genovese family case " );
United States v. Infelise. et.
al. , No. 90 Cr. 87
, in the United States District Court for the
Northern District of Illinois, (appeal pending); United States v.
Angiulo,. et al., No.Cr. 83-235 , in the United States District Court
for the District of Massachusetts, affirmed in
United States v.
Angiulo, 897 F.2d 1169 (1st Cir.) , cert. denied, 498 U.S. 845
(1990);
United States v. Scarfo. et al., No. 88-00003-1-19
, in
the United States District Court: for the Eastern District of Pennsylvania,
affirmed in United States w. Pungitore, 9l0 F. 2d 1084,
1143-l149 (3d Cir. 1990) , cert. denied, 500 U.S.915
(1991).
9. The LCN Commission
: The affairs of the LCN are
governed by a "commission" (hereafter "the Commission") which is composed of the
bosses of the most significant families. The bosses of four of the five families
in the New York City area - the Colombo, Gambino, Genovese, and Luchese families
- have been members of the
4
Commission since its creation. At various times bosses, or representatives,
from the LCN families in Chicago, Illinois, Philadelphia, Pennsylvania,
Cleveland, Ohio; Buffalo, New York; and Detroit, Michigan, have been members of
the Commission. The Commission serves as the national ruling council of the LCN
families. Among other matters, the Commission has regulated, facilitated and
controlled relationships and settled disputes between and among the LCN
families. The Commission also has approved the admission of new members to the
various LCN families and the selection of the bosses of the families. To
frustrate enforcement scrutiny, the Commission meets
infrequently.
10. LCN Families : Each family of La Cosa Nostra is
identified by the name of its boss, the name of a former boss, or by the city in
which it is located. The families of the LCN include, among others, the
following:
a. The BONNANO family which is headquartered in New York City and operates in
various other locations in the United States. The Bonnano family is the one New
York City LCN family whose boss is not a member of the
Commission;
b. The BUFALINO family which is headquartered in the area of Pittston,
Pennsylvania and operates in Northeastern Pennsylvania and New York
State;
c. The BUFFALO family which is headquartered in the area of Buffalo, New York
and operates there and in various other locations;
5
d. The CHICAGO family which is headquartered and operates in the area of
Chicago, Illinois, in the Eastern Division of the Northern District of Illinois,
in other areas of Illinois, and in various locations in Florida and the western
part of the Unites States. The Chicago family is commonly referred to as "the
outfit." The boss of the Chicago family is a member of the Commission. Often the
views of the Chicago family are presented to the Commission by the Genovese
family, which is identified in subparagraph j. below;
e. The CLEVELAND family which is headquartered in Cleveland, Ohio and
operates there. The Cleveland family is represented on the Commission by the
Genovese family, which is identified in subparagraph j. below;
f. The COLOMBO family which is headquartered in New York City and operates
there and in various other locations. The boss of the Colombo family is a member
of the Commission;
g. The DECAVALCANTE family which is headquartered in northern New Jersey and
operates there and in various other locations. The boss of the DeCavalcante
family answers to the boss of the Genovese family;
h. The DETROIT family which is headquartered in Detroit Michigan and operates
there and in various other locations. The Detroit family is represented on the
Commission by the Genovese family;
6
i. The GAMBINO family which is headquartered in New York and in various other
locations. The boss of the Gambino family is a member of the
Commission;
j. The GENOVESE family which is headquartered in New York City and operates
there and in various other locations. The boss of the Genovese family is a
member of the Commission;
k. The KANSAS CITY family which is headquartered in Kansas City, Missouri and
operates there and in various other locations. The Kansas City family is
represented on the Commission by the Chicago family;
1. The LOS ANGELES family which is headquartered and operates in Los Angeles
California. The Los Angeles family is represented on the Commission by the
Chicago Family;
m. The LUCHESE family which is headquartered and operates in New York City
and various other locations. The boss of the Luchese Family is a member of the
Commission;
n. The MILWAUKEE family which is headquartered and operates in Milwaukee,
Wisconsin. The Milwaukee family is represented on the Commission by the Chicago
Family;
o. The NEW ENGLAND or
PATRIARCA family which is headquartered in the areas of
both Boston, Massachusetts and Providence, Rhode Island and operates there and
in various other locations. The New England family is represented on the
Commission by the Genovese family;
7
p. The NEW ORLEANS family which is headquartered and operates in New Orleans,
Louisiana. The New Orleans family has close relationships with both the Chicago
and Genovese families;
q. The PHILADELPHIA or BRUNO/SCARFO family which is headquartered in
Philadelphia, Pennsylvania and Atlantic City, New Jersey. The Philadelphia
family is represented on the Commission by the Genovese family and is sometimes
referred to by the last names of former bosses, Angelo Bruno and Nicodemo
Scarfo;
r. The PITTSBURGH family which is headquartered and operates in Pittsburgh,
Pennsylvania. The Pittsburgh family is represented on the Commission by the Genovese
family;
s. The ST. LOUIS family which is headquartered and operates in area of St.
Louis, Missouri. The ST. Louis family operates under the supervision of the
Chicago family; and
t. The TRAFFICANTE family which is headquartered and operates in the area of
Tampa, Florida. The Trafficante family is represented on the Commission by the
Chicago family.
11. The Plaintiff: The United States of America,
plaintiff herein, is a sovereign and body politic.
12. The Union Defendant: The defendant, LIUNA, composed of
its regional offices and subordinate district councils and local unions, is a
"labor organization," as that term is defined in Title 29, United States Code,
Section 402(i), that is, a labor organization, engaged in an industry affecting
commerce which exists
8
for the purpose of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours and other terms and conditions of
employment.
a. The union represents a variety
of general laborers, including masons helpers, general construction laborers,
highway construction laborers, pipeline laborers, watchmen, asbestos removers,
pavers, stone cutters and mailhandlers.
b. The union was initially
chartered by the American Federation of Labor in Washington, D.C. on April 13,
1903, and was formerly known as the International Hod Carriers Building and
Common Laborers' Union of America.
c. The union has its
international headquarters at 905 16th Street N.W., Washington D.C. and has
local unions, District councils, and regional offices in the Northern District
of Illinois and elsewhere throughout the United States and Canada. LIUNA has
approximately 450,000 rank and file members.
d. The union includes eleven
regional offices covering the United States The manager of a regional office of
the union is the representative of the union in his geographic area and controls
the regional office and the affairs of the union within that area. The union has
approximately 60 district councils and approximately 820 local unions throughout
the United States and Canada with approximately 5,000 local and district
officers.
e. There is a separate
division of LIUNA called the "National Post Office Mailhandlers Union" which
primarily
9
represents mailhandlers and other employees of the United States Postal Service.
f. Under the Constitution of LIUNA
(hereafter "Constitution"), the highest authority of LIUNA is the General
Convention of the Laborers' International Union (hereafter "the General
Convention") (Article I) which, as mandated by the Labor Management Reporting
and Disclosure Act of 1959 (hereafter "LMRDA"), Title 29, United States Code,
Section 481(a), meets every five years in September or October in order to elect
officers. (Article V, Section 1). The most recent meeting of the General
Convention occurred in Las Vegas, Nevada, in October 1991; The delegates to the
General Convention consist of the members of the General Executive Board and
other delegates who, as mandates by LMRDA, are elected by local unions and
district councils in good standing in the union. Article V, Sections 2-10). The
General Convention elects all of the international officers of the union by
plurality vote. If there is no opposition to a nominee for office, that nominee
is considered duly elected. (Article VII, Section 4).
g. Under Articles I and VII1 of
the Constitution, the defendant General Executive Board of the union (hereafter
"the Board") is the body which directs the union between meetings of the General
Convention. The Board is made up of all of the international officers of the
union, that is, the General President, the General Secretary-Treasurer, and ten
Vice Presidents. The Board has authority over all of the executive, legislative,
and judicial powers of the union. The Board is named
10
as a defendant: herein for the
purpose of properly effectuating the relief requested in this complaint,
pursuant to Rule l9(a) of the Federal Rules of Civil Procedure.
h. Under Article IX of the
Constitution, the General President is the chief executive officer of the union
and has executive, administrative, and judicial authority over the unions
affairs The General President presides over meetings of the General Executive
Board and oversees local unions and district councils to see that they conduct
their affairs in accordance with the Constitution. The General President has the
authority to file charges against any local union, district council, officer or
member of the union and to appoint a temporary trustee to oversee the affairs of
a local union or district council and to control the affairs of the subordinate
body whenever necessary to correct corruption or financial, malpractice, assure
the performance of a collective bargaining agreement, restore democratic
procedures, or to protect the organization as an institution The General
President has extensive powers to appoint assistants, to appoint managers of all
regional and sub-regional offices and to set their salaries. If there is a
vacancy in the office of General President when the General Convention is not in
session, the General President is elected, from among the members of the Board,
by the Board (Article VI, Section 5).
i. Under Article XI of the
Constitution, the General Secretary-Treasurer of the union is the union's chief
financial officer and is the custodian of all of the bank accounts, records
11
and documents relating to the
finances of the union. If there is a vacancy in the office of General Secretary
when the convention is not in session, a replacement is elected by the Board
Article VI, Section 5)
j. Regional offices of the
LIUNA are established to administer the affairs of the union on a regional
basis. Regional managers are appointed by the General President.
k. Under Article XIX of the
Constitution, affiliated Local unions may be combined into an area district
council. District councils have broad powers to determine and levy membership
fees and to negotiate collective bargaining agreements with employers.
In
effect the District Councils supervise all of the activities of their
constituent local unions. District councils may be created either at the
discretion of the General Executive Board or the General President and General
Secretary-Treasurer or upon application by a group of local unions. The
day-to-day affairs of both the district councils and the local unions are
managed by a business manager who is the official representative of the district
council or local union and who hires and supervises field representatives, who
are also referred to as "business agents" (hereafter referred to as "business
agents") The business agents are the union officials who handle the day-to-day
business with employers of LIUNA members.
l. LIUNA is named as a
defendant for the purpose of properly effectuating the relief requested in this
complaint;, pursuant to Rule l9(a) of the Federal Rules of Civil Procedure.
12
13. Individual Defendants: Listed below are those persons,
not currently LIUNA officials, who are named as defendants.
a. Defendant
Joseph Aiuppa, also
known as "Joey O'Brien" and "Joey Doves", was, from at least 1978 to at least
1985, the boss of the Chicago LCN family and a member of the Chicago LCN family
at all times material hereto. As the boss of the Chicago LCN family, Joseph Aiuppa controlled LIUNA local union affairs in Southern Illinois and in the area
of St. Louis, Missouri, as well as in Chicago, Illinois. In 1986, in the case of
United States v. De Luna. et al., No. 83-00124-Cr.-W8 , in the
United States District Court for the Western District of Missouri, defendant
Joseph Aiuppa was convicted of conspiracy to travel in interstate commerce in
aid of racketeering, in violation of Title 18, United States Code, Sections 371
and 1952, in connection with the Central States Pension Fund of the
International Brotherhood of Teamsters and was sentenced to serve twenty-eight
and one-half years in prison. (See attached Exhibit 39) Defendant Joseph
Aiuppa's conviction was affirmed in United States v. Cerone, 830
F. 2d 938 (8th Cir. 5987) , cert denied, 486 U.S. 1006 (1988) ("the
Argent casino skimming case). Aiuppa is currently serving the sentence imposed
in that case. Joseph Aiuppa was permanently barred from influencing the affairs
of the International Brotherhood of Teamsters in United States v.
International Brotherhood of Teamsters. etc. et al., No. 86 Civ. 4486
(DNE) , in the United States District Court for the Southern District of New
York.
13
b. Defendant
ARTHUR J.
BERNE was the leader of organized crime activity in southern Illinois
and conducted his illicit operations under the control of defendant
JOSEPH AIUPPA and the Chicago LCN family from at least the late
1960's to the present. Defendant Arthur J. Berne has never been an official of
LIUNA, but he awarded the leadership of LIUNA Local 42, St. Louis, Missouri to
defendant RAYMOND J. FLYNN with the authorization of
Defendant JOSEPH AIUPPA. Defendant Arthur J. Berne
controlled defendant RAYMOND FLYNN in the exercise of
his duties with respect to LIUNA Local 42. Defendant Arthur J.
Berne was convicted of extortion in 1986 and was sentenced to serve six
years in prison. (See attached Exhibit 40) Defendant Berne is currently on
parole.
c. Defendant
LOUIS
CASCIANO was, from at least 1988 up and including August 31, 1990,
field representative and assistant to the president of the Mason Tenders
District Council of Greater New York and Vicinity (hereafter the "Mason Tenders
District Council " of LIUNA as well as a field representative of the Mason
Tenders District Council Trust Funds and a member of LIUNA Local 51. Defendant
Casciano is a "made" member of the Genovese LCN family then in the crew of
Genovese LCN family capo, defendant JAMES MESSERA. On November
20, 1990, in the case of United States v. James Messera et al.,
No. 90 Cr. 483-05(CSH) in the United States District Court for the Southern
District of New York, defendant Louis Casciano pled guilty to RICO conspiracy
involving labor bribery and extortion, as alleged in Racketeering Act No. 101
below. On March 13, 1991, defendant Louis Casciano was sentenced
14.
to serve twenty-four months in
prison (see attached Exhibit. 33). Defendant Casciano is currently serving a
period of supervised release.
d. Defendant
JAMES B.
CASTALDO was, from the time of its being granted a charter in 1987 to
in or about September, 1992, the business manager of LIUNA Local 1030,
Elizabeth, New Jersey. At the time Local 1030 was chartered in 1987, James B.
Castaldo was installed in his position as business manager of LIUNA Local 1030
at the behest of the Defendant JOHN RIGGI. On May 26, 1993, in
the case of United States v James Gallo et al , No. CR 92-508-1,
in the United States District Court for the District of New Jersey,
James B. Castaldo pled guilty to two counts of demanding bribes from
employers of members of Local 1030, of which Castaldo was the business manager,
in exchange for labor peace and the use of non-union labor, as alleged in
Racketeering Acts Nos. 62 and 63 below.
On September 21, 1993, Castaldo
was sentenced to serve eighteen months in prison. (See attached Exhibit 20)
Castaldo is an associate of the DeCavalcante LCN family and was controlled by
JOHN RIGGI, even after the time JOHN RIGGI
entered prison in 1990. Castaldo was replaced as business manager of Local 1230
by Giuseppe Schifilliti, who, in August 1992, was seen associating with a leader
of the DeCavalcante LCN family. Castaldo is currently serving his sentence.
e. Defendant
JOHN
CATANZARO was, at various times material hereto, a steward of LIUNA
Local 210, Buffalo, New York. Since at least 1985, defendant Catanzaro has been
a "made" member of the
15
Buffalo LCN family. From
approximately 1985 to approximately December 1989, defendant
Catanzaro was an auditor of Local 210. On November 30, 1989, in the
case of United States v. John Catanzaro, No. 88-67C , in the
United States District Court for the Western District of New York, defendant
John Catanzaro pled guilty to labor bribery in connection with having no-show
employment, as alleged in Racketeering Act No. 93 below. On February 5, 1990,
defendant Catanzaro was sentenced to serve twenty-seven months
in prison. (See attached Exhibit 26) CATANZARO has completed service of his
prison sentence.
f. Defendant
RAYMOND
FLYNN was, from approximately 1978 until approximately 1986, the
business manager of LIUNA Local 42, St. Louis, Missouri. Flynn was controlled by
and an associate of defendant ARTHUR J. BERNE. Flynn's criminal
record includes convictions in 1986 for interstate transportation of stolen
property and in 1977 and 1985 for possession of burglary tools. In 1987, in the
case of United States v. Raymond Flynn, No. 86-00159 Cr (1) , in
the United States District Court for the Eastern District of Missouri, defendant
Raymond Flynn was convicted of RICO and RICO conspiracy relating to his
participation in a scheme to commit multiple union related murders, as alleged
in Racketeering Act No. 11 below. On April 10, 1987, Flynn was sentenced to
serve forty-five years in prison (See attached Exhibit 7) Flynn's conviction was
affirmed in United States v. Flynn, 852 F. 2d 1045 (8th Cir),
cert. denied, 488 U.S. 974 (1988). Flynn is currently serving his
sentence.
16
g. Defendant
JAMES J.
GALLO was, from sometime in early 1991 to September 1992, a business
agent of LIUNA Local 1030, Elizabeth, New Jersey. On May 26, 1993, in the case
of United States v. James Gallo et al., No. CR-92-508-2, in the
United States District Court for the District of New Jersey, defendant James J.
Gallo pled guilty to two counts of demanding bribes from employers of members of
Local 1030, of which Gallo was a business agent, in exchange for labor peace and
the use of non-union labor, as alleged in Racketeering Acts Nos. 62 and 63
below. On September 24, 1993, James J. Gallo was sentenced to serve thirty-eight
months in prison (See attached Exhibit 21) after the sentencing judge found that
Gallo had harbored Anthony Casso, underboss of the Luchese LCN family, during a
time Casso was a fugitive from justice. At the time he was hired as business
agent of Local 1030, James J. Gallo previously had been convicted of criminal
usury and weapons offenses in the courts of the State of New York. James J.
Gallo has strong ties to the DeCavalcante LCN family. Gallo is currently serving
his sentence.
h. Defendant
JOHN
GIARDIELLO was the business manager of LIUNA Local 767 of West Palm
Beach, Florida from approximately 1965 to approximately June 1982. At all times
material hereto, Defendant John Giaraiello was an associate of the Trafficante
family of the LCN. In 1982, in the case of United States v. Anthony Accardo. et al., No. 81-230-CR-JWK, in the United States District Court
for the Southern District of Florida, defendant John Giardiello was convicted of
RICO conspiracy by agreeing to receive
17
kickbacks relating to the sale of
insurance services to LIUNA-related employee benefit funds during the period
1970 to 1977 while he was the business manager of Local 767, as alleged in
Racketeering Acts Nos. 3 and 5 below. On September 14, 1982, Giardiello was
sentenced to serve twelve years in prison. (See attached Exhibit 2) Giardiello's
conviction was affirmed in United States v. Caporale,, 806 F. 2d
1487 (llth Cir. 1986), cert. denied, 483 U.S. 1021 (5987). Defendant John
Giardiello is on parole.
i. Defendant
MICHAEL
LABARBARA, JR., was, from 1984 to 1989, the business manage of LIUNA
Local 66, Long Island, New York and a delegate to the Mason Tenders District
Council. LaBarbara has been a "made" member of the Luchese LCN family since at
least 1985 and, along with Defendant PETER VARIO, also known as
"Jocko," represented the interests of the Luchese family in Local 66 and on the
Mason Tenders District Council. In September 1989, in the case of United
States v. Peter Vario et al., No. 88 Cr. 00719 (S) -02-JM, in the
United States District Court for the Eastern District of New York, defendant
Michael LaBarbara, Jr., pled guilty to receiving bribes in exchange for labor
peace and the use of non-union labor during the period 1980 through 1986, while
serving as an officer and employee of LIUNA Local 66, as alleged in Racketeering
Acts Nos. 82 and 87 through 91 below. On December 15, 1989 , LaBarbara was
sentenced to serve fourteen months in prison and to pay a fine of $36,940.00.
LaBarbara is currently on parole from this conviction. (See attached Exhibit
23). On March 15, 1994, defendant LaBarbara was indicted in the case of
United States v.
18
Michael LaBarbara.
Jr., No. 94 Cr. 191 (E.D.N.Y.), for embezzlement of union assets,
embezzlement of employee benefit fund assets, mail fraud in connection with a
fraud committed on various employee pension, welfare, training and other benefit
funds in relation to construction of a training facility by the Local 66
training program. This fraud occurred in connection with and during LaBarbara's
tenure as business manager of Local 66 and continued after the date of his
resignation from that position. A trial date has not been set for Michael
LaBarbara, Jr.'s, latest indictment.
j.
GENNARO
LANGELLA, also known as "Gerry Lang", was, at various times material
hereto, a capo, underboss or acting boss of the Colombo LCN family. Gennaro
Langella has a criminal record which includes convictions for attempted robbery
in 1962 and criminal contempt in 1977. In 1986, in the case of United
States v. Carmine Persico et. al., No. S 84 Cr. 809 JFK, in the United
States District Court for the Southern District of New York, defendant Gennaro
Langella was convicted of RICO and RICO conspiracy, extortion, and labor bribery
involving the LIUNA Cement and Concrete Workers District Council in exchange for
labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos.
12 through 19 below. On November 17, 1986, Langella was sentenced to serve
sixty-five years in prison. (See attached Exhibit 9). Langella's conviction was
affirmed in United States v. Persico, 832 F. 2d 705 (2d Cir.
1987), cert. denied, 488 U.S. 982 (1988). In 1986, in the case of
United States v. Anthony Salerno. et al., No. SSS 85 Cr.
0139(R0), in the United States District
19
Court for the Southern District of
New York, defendant Gennaro Langella, was convicted, along with other members of
the LCN Commission, of RICO and RICO conspiracy, extortion, and labor bribery in
exchange for labor peace and the use of non-union labor involving the LIUNA
Cement and Concrete Workers District Council, as alleged in Racketeering Acts
Nos. 20 through 37 below. On January 13, 1987, defendant Gennaro Langella was
sentenced to serve one hundred years in prison and fined $240,000.00. (See
attached Exhibit 12) Langella's conviction was affirmed in United States
v. Salerno, 868 F. 2d 524 (2d. Cir.), cert. denied, 493 U.S. 811
(1989). In 1987, Gennaro Langella was enjoined from participating in the affairs
of, or having any dealing with any officer or employee of, any labor-
organization in the case of United States v. Local 6A. LIUNA. et
al. , No. 86 Civ. 4819 (VLB), in the United States District Court for
the Southern District of New York. Langella is currently serving his sentence.
k. Defendant
ANTHONY
D. LIBERATORE was, from 1965 to 1980, the business manager of LIUNA
Local 860 located in Cleveland, Ohio. Since at least 1980, Liberatore has been a
"made" member of the Cleveland LCN family. In 1980, in the case of United
States v. Anthony LIBERATORE. et al., No. CR79-103, in the United
States District Court for the Northern District of Ohio, Anthony D. Liberatore
was convicted of bribery of an employee of the Federal Bureau of Investigation,
in violation of Title 18, United States Code, Section 201, and on July 17, 1980,
was sentenced to serve twelve years in prison. (See attached Exhibit 67) In
1982, in a
20
separate trial on the same
indictment, Liberatore was convicted of RICO and RICO conspiracy relating to
acts of bribery and murder committed in furtherance of the affairs of the
Cleveland LCN family, in violation of Title 18, United States Code, Sections
1962 (c) and (d). On July 30, 1982, Liberatore was sentenced to serve fourteen
years in prison to run concurrently with the sentence in the bribery trial (See
attached Exhibit 68) Liberatore convictions were affirmed in United
States v. Lanci, 669 F. 2a 391 (6th Cir. ), cert. denied, 457 U
S. 1134 (1982) and United States v. Licavoli, 2d 1040 (6th Cir
), cert. denied, 467 U. S. 1252 (1984). On June 14, 1993, in the case of
United States v. Anthony D. Liberatore, No. 1-92CR 0184, in the United
States District Court for the Northern District of Ohio, defendant
Anthony D. Liberatore was convicted of RICO and RICO conspiracy
relating to labor bribery in exchange for labor peace and the use of non-union
labor and laundering the profits of a narcotics business, as alleged in
Racketeering Acts Nos. 106, 107 and 109 below, which crimes were committed while
he was in prison. On March 21, 1994, Anthony D. Liberatore was sentenced to
serve 120 months in prison. (See attached Exhibit 38) Anthony Liberatore is
currently serving his sentence.
l. Defendant.
CHESTER
J. LIBERATORE was, from 1972 to March 1993, the business manager of
LIUNA Local 310, Cleveland, Ohio. Defendant Chester J. Liberatore has been at
all times material to this complaint an associate of the Cleveland LCN family
and operated the affairs of LIUNA Local 310 for the interests of the
21
Cleveland LCN family. On March 24,
1993 in the United States v. Anthony D. Liberatore et al , No.
1-92CR 0184, in the United States District Court for the Northern District of
Ohio, Chester Liberatore pled guilty to labor bribery in exchange for labor
peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 106
and 109 below. On May 28, 1993, Chester J. Liberatore was sentenced to serve
thirteen months in prison (See attached Exhibit 37) Chester Liberatore is
currently serving a period of supervised release.
m. Defendant
LOUIS
ANTHONY MANNA, also known as "Bobby Manna," was, from at least 1980 to
until 1990, the consigliere of the Genovese LCN family and the principal leader
of Genovese family activities in Northern New Jersey. In 1989, in the case of
United States v. Louis Anthony Manna, Case No. 88-239, in the
United States District Court for the District of New Jersey, defendant Louis
Anthony Manna was convicted of RICO and RICO conspiracy involving conspiracy to
murder in aid of racketeering, conspiracy to commit labor bribery involving
LIUNA Local 21, Jersey City, New Jersey, and other offenses, as alleged in
Racketeering Acts Nos. 38 through 53 below. On September 26, 1989, Manna was
sentenced to serve eighty years in prison and to pay a fine of $250,000 (See
attached Exhibit 15). Manna's conviction was affirmed without opinion in
United States v. Manna, 919 F. 2d 733 (3d Cir. 1990), cert.
denied, 499 U. S. 949 (5991). Defendant Louis Anthony Manna sometimes
traveled to Chicago, Illinois for the purpose of
22
conducting business which the
Genovese family had with the Chicago LCN family. Manna is currently serving his
sentence.
n. Defendant
JAMES
MESSERA was, from 1989 to the present a capo in the Genovese LCN
family. In 1989 and 1990, he was a business agent of LIUNA Local Union 104, New
York City and a delegate to the Mason Tenders District Council. On November 20,
1990, in the case of United States v. James Messera, New York.
No. Cr. 90-00483-01(CSH), in the United States District Court for the Southern
District of New York, defendant James Messera pled guilty to RICO conspiracy,
which conspiracy involved, in part, a conspiracy to extort a business employing
members of LIUNA, as alleged in Racketeering Act No. 101 below. On February 1,
1991, Messera was sentenced to serve thirty-seven months in prison. (See
attached exhibit 32). On April 8, 1993, in the case of United States v.
James Messera, No. SS 92 Cr. 749(JES), in the United States District
Court for the Southern District of New York, James Messera pled guilty to RICO
conspiracy involving a multi-million dollar embezzlement. of the funds of the
Mason Tenders District Council Trust Funds as alleged in Racketeering Acts Nos.
102 and 103 below. On December 20, 1993, James MESSERA was sentenced to serve
twenty-four months in prison. (See attached Exhibit 35) Messera is currently
serving his sentence.
o. Defendant
ROCCO J.
NAPOLI was, at all times material hereto, an associate of the Genovese
LCN family and the son of James Napoli, a close associate of the Genovese
family. From at least 1973 to the summer of 1988, the defendant Rocco J. Napoli
was
23
the business manager of LIUNA
Local 21 located in Jersey City, New Jersey. In 1989, in the case of
United States v. Louis Anthony Manna. et al., Criminal No.
88-239, in the United States District Court for the District of New Jersey,
defendant Rocco J. Napoli was convicted of RICO, RICO conspiracy and labor
bribery in exchange for labor peace and the use of non-union labor, as alleged
in Racketeering Acts Nos. 38 through 53 below. On September 26, 1989, Napoli was
sentenced to serve seventy-five months in prison and to pay a fine of S25,000.
(See attached Exhibit 16) Napoli's conviction was affirmed without opinion in
United States v. Manna, 919 F. 2a 733 (3d Cir. 1990), cert.
denied, 499 U.S. 949 (1991). For a period of time following Napoli's
indictment and removal from his position as business manager of LIUNA Local 21,
he continues to exercise influence in the affairs of Local 21 and was given the
use of a 1989 Jaguar automobile by LIUNA Local 21. Napoli is currently serving
his sentence.
p. Defendant
CARMINE
PERSICO, also known as "Junior" or "the Snake," was, at all times
material hereto, the boss of the Colombo LCN family. In 1985, in the case or
United States v. Carmine Persico. et al., No. S 84 Cr 809 (JFK),
in the United States District Court for the Southern District of New York,
Carmine Persico was convicted of RICO, RICO conspiracy, extortion and bribery in
relation, in part, to labor bribery in exchange for labor peace and the use of
non-union labor, as alleged in Racketeering Acts Nos. 12 through 19 below. On
November 17, 1986, defendant Carmine Persico was sentenced to serve thirty-nine
years
24
in prison. (See attached Exhibit;
10) Persico's conviction was affirmed in United States v.
Persico, 832 F. 2d 705 (2d Cir. 1987), cert.;. denied, 486 U.S.
1022 (1988). In 1986, in the case of United States v. Anthony Salerno et
al., No. SSS 85 CR 0139(R0), in the United States District Court for
the Southern District of New York, Carmine Persico was convicted, along with the
other members of the LCN Commission, of RICO and RIC0 conspiracy relating to
extortion and labor bribery in exchange for labor peace and the use of non-union
labor, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 3,
1987, Carmine Persico was sentenced to serve one hundred years in prison to be
served concurrently with the sentence imposed in United States v. Persico,
supra. (See attached Exhibit 13) Persico's conviction was affirmed
in United States v. Salerno, 868 F, 2d 524 (2d Cir.), cert..
denied, 493 13.S. 811 (1989). In 1987, defendant Carmine Persico was
permanently enjoined from participating in the affairs of, or having any dealing
with any officer or employee of, any labor organization in the case of
United States v. Local 6A. LIUNA. et al., No. 86 Civ. 4859
(VLB), in the United States District Court for the Southern District of New
York. Persico is currently serving his sentence.
q. Defendant
ALFRED
PILOTTO was, from at least 1970 to 1982, the president of LIUNA Local 5
located in Chicago Heights, Illinois. From 1975 to 1982, Pilotto also served as
a Special International Representative of LIUNA and vice-president of the
Chicago Laborers District Council. From at least 1970 to 1982, Alfred Pilotto
was a capo in the Chicago LCN family. In 1982, in
25
the case of United States
v. Anthony Accardo, et al., No. 81-230-CR-JWK, in the United States
District Court for the Southern District of Florida, defendant Alfred Pilotto
was convicted of RICO conspiracy by agreeing to multiple acts of receiving
kickbacks relating to the sale of insurance plans to LIUNA-related benefit
funds, as alleged in Racketeering Acts Nos. 2, 4, and 5 below. On September 14,
1982, Pilotto was sentenced to serve twenty years in prison. (See attached
Exhibit 3) Pilotto's conviction was affirmed in United States v.
Caporale, 806 F . 2d 5487 (11th Cir. 1986 cert. denied, 483 U.S. 1021
(1987). Pilotto is currently on parole.
r. Defendant