New York Times - June 30, 2005:
U.S. Said to Plan
Rackets Lawsuit On Dock Union
By WILLIAM K. RASHBAUM (NYT) 981
words
Federal authorities are preparing
to file a sweeping civil
racketeering lawsuit against the
International Longshoremen's
Association, officials who were
briefed on the case said yesterday.
It would be the government's most
aggressive attempt ever to wrest the
nation's Atlantic and Gulf Coast
docks and the union that represents
their workers from what prosecutors
say is a half-century of control by
two powerful New York mob clans.
Over several decades, the union,
which is based in New York and
represents 50,000 dockworkers and
other employees at three dozen ports
from Maine to Texas, came to
symbolize organized crime's grip on
labor and its exploitation of union
members. The 1954 film ''On the
Waterfront'' was based on the union,
which over the years has evaded some
of the most savvy prosecutors, even
as some local union officials were
indicted and convicted in the
plundering of union funds and
related businesses.
The union has also been the subject
of a range of inquiries, including
Senate hearings in the 1950's, the
President's Commission on Organized
Crime in the 1980's and lawsuits
focusing on individual locals.
But prosecutors in Brooklyn, with
evidence developed in a recent
series of criminal cases aimed at
organized crime on the piers, and
with the cooperation of a major
waterfront mob figure, hope to
succeed where others have failed,
according to the officials, who
spoke on the condition of anonymity
because the lawsuit has not yet been
filed. Using the federal civil
racketeering law known as RICO, the
Racketeer Influenced and Corrupt
Organizations act, the government
will seek to take over the union and
several union benefit plans, one
official said.
Prosecutors will also ask a
federal judge to permanently bar
five top union leaders, including
the president, John Bowers; the
secretary-treasurer, Robert E.
Gleason; and the executive vice
president, Albert Cernadas, from
playing any role in the union or any
of its pension benefit or welfare
funds, the officials said. They will
also seek to bar several reputed mob
figures from the Gambino and
Genovese families, the two groups
prosecutors have said controlled the
union for decades, from involvement
with the union or any of its funds,
the officials said.
''This is the culmination of
years and years of investigations
and other actions brought in
connection with organized crime's
connection to the I.L.A.,'' one of
the officials said. ''From the 50's
all the way through the 90's, with
the focus on the locals and bringing
cases against many, many people over
the years, there is a long history
of effort that forms the bedrock of
this case.''
The lawsuit is being brought by
the office of the United States
attorney in Brooklyn, Roslynn R.
Mauskopf. It will say that Mr.
Bowers, Mr. Gleason, Mr. Cernadas
and two other union officials
conspired with Gambino and Genovese
mobsters to rig the 2000 election of
high-ranking association leaders to
ensure that a longtime Genovese
associate would be in a position to
succeed Mr. Bowers upon his eventual
retirement, several officials said.
It will also say that the three
top officials, along with Harold J.
Daggett, a longtime Genovese
associate and the union's assistant
general organizer, and a union vice
president, Arthur Coffey, conspired
with members and associates of the
two mob families to award union
welfare and pension benefit fund
contracts to companies tied to the
mob.
Mr. Cernadas, Mr. Daggett and Mr.
Coffey were charged last year in
federal court in Brooklyn with
extortion and conspiracy to control
business on the docks in New York,
New Jersey and Florida. They pleaded
not guilty and are on paid leave
from their union posts.
The union, in a statement
released by its special counsel,
Joseph D. McCann, said it had
cooperated with the investigation
and carried out substantial reforms,
creating a code of conduct,
instituting a hot line to report
corruption and hiring a former judge
and a former prosecutor to oversee
its ethical practices. Milton
Mollen, who is retired from the
Appellate Division of State Supreme
Court, will watch over the union,
and Andrew J. Maloney, a former
Brooklyn United States attorney,
will oversee the benefit funds.
''We are disappointed that the
government has leaked its intention
to bring a civil RICO complaint even
as we are engaging in negotiations
with them,'' the statement said.
''The government's action is likely
to have a devastating economic
impact on I.L.A. members and the
shipping industry.''
Efforts yesterday to reach the
five I.L.A. officials through the
union were unsuccessful.
One official said that 26 members
of the association's executive
council would also be named in the
lawsuit.
The United States' attorney's
office, along with the Waterfront
Commission of New York Harbor, the
F.B.I. and the United States
Department of Labor Inspector
General's office, conducted the
investigation over several years,
one official said.
Among the criminal cases that
helped develop the evidence on which
the civil RICO suit is based were
two that resulted in a dozen
convictions of reputed Genovese and
Gambino crime family figures, one of
the officials said. One case was the
2003 racketeering conviction of
Peter Gotti, then the acting boss of
the Gambino family, on conspiracy
and money laundering charges that
included accusations that the family
controlled the main longshoremen's
local in New York. A former I.L.A.
official, Anthony Ciccone, whom
prosecutors identified as a Gambino
captain, and Jerome Brancato, who
they said was a Gambino soldier,
were also convicted in that case.
In the second case, Liborio S.
Bellomo, the former acting boss of
the Genovese family, and another man
were indicted on charges arising
from what prosecutors said were
their efforts to launder money they
siphoned from I.L.A. benefit funds
between 1996 and 1997.