COUNT ONE
Racketeering Violation
The Grand Jury charges:
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At all times relevant to this Indictment:
The Enterprise
1. LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," CARMINE MINGOIA, FRED NISALL, a/k/a "Fred Nisalevich,"
a/k/a "Fred Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller,"
CARMINE SEDITA, JOSEPH DELIO, ROBERT ALVAREZ, PAUL GHIRARDUZZI,
THOMAS BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA,
the defendants, and Robert Carbone, a/k/a "Bucky," together with
others known and unknown, were members and associates of the
Genovese Organized Crime Family of La Cosa Nostra (the "Genovese
Organized Crime Family"). The Genovese Organized Crime Family is
a criminal organization whose members and associates have engaged
in numerous acts of violence and other criminal acts, including
murder, attempted murder, extortion, labor racketeering, employee
benefit plan embezzlement, the financing and making of
extortionate extensions of credit and the collection of
extensions of credit through extortionate means (commonly known
as "loansharking"), mail fraud, wire fraud, and money laundering.
2. The Genovese Organized Crime Family, including its
leadership, membership, and associates, constituted an
"enterprise," as that term is defined in Title 18, United States
Code, Section 1961(4) –- that is, a group of individuals
associated in fact, which was engaged in, and the activities of
which affected, interstate and foreign commerce. The Genovese
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Organized Crime Family was an organized criminal group based in
New York City that operated in the Southern District of New York
and elsewhere and constituted an ongoing organization whose
members functioned as a continuing unit for a common purpose of
achieving the objectives of the enterprise. The Genovese
Organized Crime Family was referred to by its members and
associates in various ways, including as a "la cosa nostra," a
"Family," and "this thing of ours."
3. The Genovese Organized Crime Family was part of a
nationwide criminal organization known by various names,
including the "Mafia" and "La Cosa Nostra" ("LCN"), which
operated through entities known as "Families." In addition to
the Genovese Organized Crime Family, five other Families operated
in the New York City and New Jersey area, namely, the Gambino
Organized Crime Family of LCN, the Luchese Organized Crime Family
of LCN, the Colombo Organized Crime Family of LCN, the Bonanno
Organized Crime Family of LCN, and the Decavalcante Organized
Crime Family of LCN.
4. The Genovese Organized Crime Family operated
through groups of individuals known as "crews" and "regimes,"
most of which were based in New York City. Each "crew" had as
its leader a person known as a "Caporegime," "Capo," or
"Captain," and consisted of "made" members, sometimes known as
"soldiers," "wiseguys," "friends of ours," and "good fellows."
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Soldiers were aided in their criminal endeavors by other trusted
individuals, known as "associates," who sometimes were referred
to as "connected" or identified as "with" a soldier. Associates
participated in the various activities of the crew and its
members.
5. Each Capo was responsible for supervising the
criminal activities of his crew and provided soldiers and
associates with support and protection. In return, the Capo
typically received a share of the illegal earnings of each of his
crew's soldiers and associates, which was sometimes referred to
as "tribute."
6. Above the Capos were the highest-ranking members
of the Genovese Organized Crime Family. The head of the Genovese
Organized Crime Family was known as the "Boss," who was normally
assisted by an "Underboss" and a "Consigliere," or counselor.
The Boss, Underboss, and Consigliere were responsible for, among
other things, setting policy, resolving disputes among members of
the Genovese Organized Crime Family, and resolving disputes
between members of the Genovese Organized Crime Family and
members of other criminal organizations. At various times
relevant to this Indictment, members of the Genovese Organized
Crime Family were temporarily appointed to serve as Boss,
Underboss, Consigliere, or Capo in place of an incarcerated
member holding that position. Whenever this occurred, the member
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holding the temporary appointment would function in an "acting"
capacity for the incarcerated member, who continued to hold the
"official" position in the Family. In addition, at various times
relevant to this Indictment, members of the Genovese Organized
Crime Family served on a committee or ruling panel, a group of
high-ranking members of the Family who assisted and, at times,
made decisions with or on behalf of the Boss and the Acting Boss
of the Family.
7. The Boss, Underboss, and Consigliere, and, at
times, members of the ruling panel of the Genovese Organized
Crime Family supervised, supported, protected, and disciplined
the Capos, soldiers, and associates, and regularly received
reports regarding their various activities. In return for their
supervision and protection, the Boss, Underboss, Consigliere, and
members of the ruling panel typically received part of the
illegal earnings of each crew.
The United Brotherhood of Carpenters and Joiners
8. At all times relevant to this Indictment, the
United Brotherhood of Carpenters and Joiners (the "U.B.C.J.") was
a national labor union that represented skilled workers on
construction sites. These workers typically performed such jobs
as, among other things, hanging drywall, which is also known as
"sheetrock," by affixing it to interior frames to form the indoor
walls of buildings.
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9. In New York City, the U.B.C.J. has approximately
23,000 members and is divided into locals that are associated
with the five boroughs. These locals are Locals 608 (Manhattan -
Westside), 608 North (Bronx), 157 (Manhattan - Eastside), 45
(Queens), 926 (Brooklyn), and 20 (Staten Island) (collectively,
the "New York City Locals").
10. The District Council of New York City and Vicinity
of the U.B.C.J. (the "District Council") is the administrative
body that oversees the New York City Locals.
11. The District Council (on behalf of the New York
City Locals) has entered into numerous contracts, or collective
bargaining agreements ("CBAs"), with various construction
contractors and associations of construction contractors who
operate at jobsites in the five boroughs of New York City. The
CBAs govern many aspects of the relationship between individual
contractors and individual members of the U.B.C.J. who are
employed by such contractors as carpenters at jobsites within New
York City.
12. Among other things, the CBAs obligate the
contractors to employ only union labor on jobsites, to pay wages
according to a pre-defined scale set forth in the CBAs, and to
notify the District Council regarding new projects. Furthermore,
the CBAs require the contractors to make contributions to the
Welfare Fund, Pension Fund, Vacation Fund, Annuity Fund,
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Apprenticeship, Journeyman Retraining, Educational and Industry
Fund, Supplemental Funds, U.B.C. and J.A. Funds, and New York
City and Vicinity Carpenters Labor-Management Cooperation Fund
(collectively, the "District Council Benefit Funds"), in
specified amounts for each hour worked by union members employed
by the contractors. Of these funds, the Welfare Fund, Pension
Fund, Vacation Fund, Annuity Fund, and Apprenticeship, Journeyman
Retraining, Educational and Industry Fund (collectively, the
"District Council ERISA Funds") are subject to the provisions of
title I of the Employee Retirement Income Security Act of 1974
("ERISA"). The contributions to the District Council Benefit
Funds are made by each contractor through the purchase of
"stamps," each of which represent the benefits due to a union
member for an hour worked. The contractors must complete monthly
remittance reports which identify the union members who worked on
a jobsite and the hours they worked. The monthly remittance
reports are filed with the District Council.
13. From in or about 1996 until in or about 2002, the
District Council operated a Stamps Investigation Team, which was
responsible for ensuring that contractors purchased the
appropriate number of stamps for their union employees. The
Stamps Investigation Team was also responsible for collecting
payments to the District Council Benefit Funds that were
delinquent.
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14. At all times relevant to this Indictment, the New
York City Locals were run by various union officers. The
principal officer of each local is the Business Manager, who is
ultimately responsible for the day-to-day operations of the
local. Depending upon the size of the local’s jurisdiction, the
Business Manager may be assisted by a Business Agent or Agents.
Collectively, the Business Manager and Business Agents are
responsible for ensuring that construction contractors comply
with the terms of the CBAs at jobsites within their respective
territories.
15. The CBAs also required the appointment by the
District Council of a shop steward, also called a job steward, to
each construction project or jobsite. The shop steward functions
as the "eyes and ears" of the District Council on the jobsite,
and is authorized to deal with employers on behalf of represented
employees at that site concerning such employees’ hours, wages,
and working conditions. Shop stewards are appointed based on
their skills and their position on the out-of-work list, and,
according to District Council By-Laws, no steward may be referred
to a job from the out-of-work list out of turn. The shop steward
is required to complete weekly reports which identify the union
members who were employed on the jobsite and the hours that they
worked. When the shop steward has completed his/her union work
on behalf of the District Council, the shop steward is required
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to work on the job like any other union member.
Local 530 of the Operative Plasters and Cement Masons Union
16. At all times relevant to this Indictment, Local
530 of the Operative Plasters and Cement Masons Union ("Local
530") was a labor union that represented workers who performed
specialized taping and skimcoating work on construction sites in
New York City, Westchester County, Rockland County, and Long
Island. Taping and skimcoating is one method by which interior
walls constructed of sheetrock are finished. Taping refers to
the procedure by which the joints, or holes, between pieces of
hanging drywall are sealed using tape. Skimcoating refers to the
application of a thin-layer of joint compound to the entirety of
the interior wall surface.
17. Local 530 has entered into CBAs with various
construction contractors and associations of construction
contractors who operate at jobsites in the five boroughs of New
York City, Westchester County, Rockland County, and Long Island.
The CBAs govern many aspects of the relationship between
individual contractors and individual members of Local 530 who
are employed by such contractors at jobsites within Local 530's
jurisdiction.
18. Among other things, the CBAs obligate the
contractors to employ only union labor on jobsites, to pay wages
according to a pre-defined scale set forth in the CBAs, and to
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notify Local 530 regarding new projects. Furthermore, the CBAs
require the contractors to make contributions to the Welfare
Fund, Annuity Fund, and Apprentice Fund (collectively, the "Local
530 Benefit Funds"), in specified amounts for each hour worked by
union members employed by the contractors. The Local 530 Benefit
Funds are subject to the provisions of title I of ERISA. The
contractors must complete monthly remittance reports which
identify the union members who worked on a jobsite and the hours
they worked. The monthly remittance reports are filed with Local
530.
19. At all times relevant to this Indictment, Local
530 was run by various union officers. The principal officer of
Local 530 is the President and Business Manager (the
"President"), who is ultimately responsible for the day-to-day
operations of the local. The President is assisted by Business
Agents, as well as by the Vice-President. Collectively, the
President, Vice-President, and Business Agents are responsible
for ensuring that construction contractors comply with the terms
of the CBAs at jobsites within Local 530's jurisdiction.
20. The CBAs also required the appointment by Local
530 of a shop steward, also called a job steward, to each
construction project or jobsite. The shop steward functions as
the "eyes and ears" of the Local 530 officers on the jobsite, and
is authorized to deal with employers on behalf of represented
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employees at that site concerning such employees’ hours, wages,
and working conditions. The shop steward is required to complete
weekly reports which identify the union members who were employed
on the jobsite and the hours that they worked. When the shop
steward has completed his/her union work on behalf of Local 530,
the shop steward is required to work on the job like any other
union member.
The Defendants
21. At various times relevant to this Indictment,
LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a "Jamie," CARMINE
MINGOIA, FRED NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred
Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," CARMINE
SEDITA, JOSEPH DELIO, ROBERT ALVAREZ, PAUL GHIRARDUZZI, THOMAS
BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA, the
defendants, and Robert Carbone, a/k/a "Bucky," Louis Moscatiello,
Jr., John Campanella, Jr., Joseph Scelzo, a/k/a "Fat Joey," and
Joseph Ruggiero, a/k/a "Joe Black," were members and associates
of the enterprise, the Genovese Organized Crime Family.
MOSCATIELLO, SR., JAMES DELIO, MINGOIA, NISALL, SEDITA, JOSEPH
DELIO, ALVAREZ, GHIRARDUZZI, BOVE, MALANGONE, and MENDOZA, as
well as Carbone, Moscatiello, Jr., Campanella, Jr., Scelzo, and
Ruggiero, participated in the operation and management of the
enterprise as follows:
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a. LOUIS MOSCATIELLO, SR. was at various times
relevant to this Indictment an associate, a soldier, and an
acting Capo in the Genovese Organized Crime Family. MOSCATIELLO,
SR. was responsible for (among other things) supervising the
Genovese Organized Crime Family’s exercise of unlawful control
over the drywall industry and over certain labor unions engaged
in the construction industry, including, among other unions, the
District Council and the New York City Locals of the U.B.C.J. and
Local 530. MOSCATIELLO, SR. was one of the founders of Local
530, and served as Local 530's president from in or about 1978
until in or about 1991, when he was forced to resign from his
position in Local 530 following a conviction for labor bribery.
MOSCATIELLO, SR. eventually re-asserted his unlawful control over
Local 530 in the mid-1990s. Among MOSCATIELLO, SR.’s criminal
activities were labor racketeering, employee benefit plan
embezzlement, extortion, and fraud.
b. JAMES DELIO, a/k/a "Jamie," was at various
times relevant to this Indictment an associate and a soldier in
the Genovese Organized Crime Family. JAMES DELIO assisted
MOSCATIELLO, SR. in exercising the Genovese Organized Crime
Family’s unlawful control over the drywall industry and certain
construction unions, including, among other unions, the District
Council and the New York City Locals of the U.B.C.J. and Local
530. JAMES DELIO also owned or controlled various drywall and
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taping companies that were parties to CBAs with the District
Council of the U.B.C.J. and Local 530, and which benefitted from
the Genovese Organized Crime Family’s unlawful control of the
District Council and the New York City Locals of the U.B.C.J. and
Local 530. Among JAMES DELIO’s criminal activities were labor
racketeering, employee benefit plan embezzlement, extortion, and
fraud.
c. CARMINE MINGOIA was an associate of the
Genovese Organized Crime Family, who was with Genovese Organized
Crime Family soldier MOSCATIELLO, SR. Prior to his association
with MOSCATIELLO, SR., MINGOIA was with Genovese Organized Crime
Family capo Ralph Coppola, who disappeared in 1998. In or about
1997, MINGOIA became the President of Local 530. Among MINGOIA’s
criminal activities were labor racketeering, employee benefit
plan embezzlement, extortion, and fraud.
d. FRED NISALL, a/k/a "Fred Nisalevich," a/k/a
"Fred Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," was
an associate of the Genovese Organized Crime Family and was with
MOSCATIELLO, SR. and JAMES DELIO. NISALL owned or controlled
various drywall companies that were parties to CBAs with the
District Council of the U.B.C.J. and which benefitted from the
Genovese Organized Crime Family’s unlawful control of the
District Council and the New York City Locals of the U.B.C.J and
Local 530. Among NISALL’s criminal activities were participation
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in labor racketeering, extortion, employee benefit plan
embezzlement, and fraud.
e. CARMINE SEDITA was an associate of the
Genovese Organized Crime Family and was with MOSCATIELLO, SR.
SEDITA was also a member of the U.B.C.J. and a former officer of
one of the New York City Locals. Among SEDITA’s criminal
activities were participation in labor racketeering, extortion,
employee benefit plan embezzlement, and fraud.
f. JOSEPH DELIO was an associate of the Genovese
Organized Crime Family. JOSEPH DELIO owned or controlled various
drywall and taping companies with his brother JAMES DELIO that
were parties to CBAs with the District Council of the U.B.C.J.
and Local 530, and which benefitted from the Genovese Organized
Crime Family’s unlawful control of the District Council and the
New York City Locals of the U.B.C.J. and Local 530. Among JOSEPH
DELIO’s criminal activities were participation in labor
racketeering, extortion, employee benefit plan embezzlement, and
fraud.
g. ROBERT ALVAREZ was an associate of the
Genovese Organized Crime Family. From in or about 1996 until in
or about 2002, ALVAREZ was a member of the Stamps Investigation
Team of the District Council of the U.B.C.J. Among ALVAREZ’s
criminal activities were participation in labor racketeering,
extortion, employee benefit plan embezzlement, and fraud.
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h. PAUL GHIRARDUZZI was an associate of the
Genovese Organized Crime Family and was with both MOSCATIELLO,
SR., and a Capo in the Genovese Organized Crime Family.
GHIRARDUZZI was also a member of the U.B.C.J. and served as a
shop steward at various jobsites throughout New York City,
including at a construction project involving the expansion of
the Kings County Hospital. Among GHIRARDUZZI’s criminal
activities were labor racketeering, employee benefit plan
embezzlement, and fraud.
i. THOMAS BOVE was an associate of the Genovese
Organized Crime Family. THOMAS BOVE, together with FRANK
MALANGONE, a/k/a "Butch," owned or controlled several taping
companies that were parties to CBAs with Local 530, and which
benefitted from the Genovese Organized Crime Family’s unlawful
control of Local 530. Among BOVE’s criminal activities were
labor racketeering, employee benefit plan embezzlement,
extortion, and fraud.
j. FRANK MALANGONE, a/k/a "Butch," was an
associate of the Genovese Organized Crime Family. MALANGONE,
together with BOVE, owned or controlled several taping companies
that were parties to CBAs with Local 530, and which benefitted
from the Genovese Organized Crime Family’s unlawful control of
Local 530. Among MALANGONE’s criminal activities were labor
racketeering, employee benefit plan embezzlement, extortion, and
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fraud.
k. FRED MENDOZA was an associate of the Genovese
Organized Crime Family and was with MOSCATIELLO, SR. MENDOZA
owned a taping company that was party to a CBA with Local 530,
and which benefitted from the Genovese Organized Crime Family’s
unlawful control of Local 530. Among MENDOZA’s criminal
activities were labor racketeering, employee benefit plan
embezzlement, and fraud.
l. Robert Carbone, a/k/a "Bucky," was at various
times relevant to this Indictment an associate and a soldier in
the Genovese Organized Crime Family. Among Carbone’s criminal
activities were extortion and labor racketeering.
m. Louis Moscatiello, Jr. was an associate of
the Genovese Organized Crime Family and is the son of LOUIS
MOSCATIELLO, SR., the defendant. Moscatiello, Jr. owned or
controlled at least one taping company, Improved Drywall, that
was party to a CBA with Local 530, and which benefitted from the
Genovese Organized Crime Family’s unlawful control of Local 530.
Among Moscatiello Jr.’s criminal activities were labor
racketeering, employee benefit plan embezzlement, extortion, and
fraud.
n. John Campanella, Jr. was an associate of the
Genovese Organized Crime Family and was with MOSCATIELLO, SR.
Campanella, Jr. is MOSCATIELLO SR.’s brother-in-law, and acted as
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the plan manager for the Local 530 Benefit Funds. Among
Campanella’s criminal activities were employee benefit plan
embezzlement and fraud.
o. Joseph Scelzo, a/k/a "Fat Joey," was an
associate of the Genovese Organized Crime Family and was with a
soldier in the Genovese Organized Crime Family. Among Scelzo’s
criminal activities was participation in an extortion.
p. Joseph Ruggiero, a/k/a "Joe Black," was a
soldier in the Genovese Organized Crime Family. Among Ruggiero’s
criminal activities was participation in loansharking.
The Defendants’ Construction Companies
22. At all times relevant to this Indictment, several
of the defendants owned, operated, or controlled drywall and
taping companies that operated in New York City and its vicinity.
Some of these companies were signatories to CBAs with either the
District Council of the U.B.C.J. or Local 530. The following
companies were owned, operated or controlled by the following
defendants:
a. Centre Interior Construction Corp. ("Centre
Interior") was a drywall company that was controlled primarily by
JAMES DELIO and JOSEPH DELIO, the defendants. Centre Interior
was not a party to a CBA with the District Council of the
U.B.C.J. On projects which required the use of union labor,
Centre Interior subcontracted the drywall work to other companies
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that were parties to CBAs.
b. Luna Carpentry, Inc. ("Luna Carpentry") was a
drywall company that was controlled by JAMES DELIO and FRED
NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred Buschel," a/k/a
"Fred Buschell," a/k/a "Jack Miller," the defendants, and John
Barone, among others. Luna Carpentry was owned by Samuel Dazle.
Luna Carpentry was a party to a CBA with the District Council of
the U.B.C.J.
c. Sunrise Systems, Inc. ("Sunrise Systems") was
a drywall company that was controlled by JAMES DELIO and NISALL,
although it was technically owned by a nominee third-party.
Sunrise System, Inc. was a party to a CBA with the District
Council of the U.B.C.J.
d. W & J Industries, Inc. ("W & J Industries")
was a drywall company that was controlled by JAMES DELIO and
NISALL. W & J Industries was a party to a CBA with the District
Council of the U.B.C.J.
e. Basic Drywall, Inc. ("Basic Drywall") and OKay
Drywall, Inc. ("O-Kay Drywall") were drywall companies that
were controlled, in part, by NISALL. Basic Drywall and O-Kay
Drywall were parties to CBAs with the District Council of the
U.B.C.J.
f. Verdico Industries and Elite Interiors were
drywall companies that were controlled, in part, by JAMES DELIO.
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Verdico Industries and Elite Interiors were parties to CBAs with
the District Council of the U.B.C.J.
g. J & El Associates, Inc. ("J & El
Associates"), Cadet Taping, and Pride Taping were taping
companies that were controlled by JAMES DELIO and JOSEPH DELIO.
Each of these companies was a party to a CBA with Local 530.
h. M.N. Industries, Inc., Roman Industries,
Inc., Basic Associates, Inc., Luna Limited, Inc., and Hudson
Associates, Inc. were non-union drywall companies that were
controlled, in part, by JAMES DELIO and NISALL. Specifically,
none of these companies was a party to a CBA with the District
Council of the U.B.C.J.
i. Wall-tone, A & L Construction, and I.G.I.
Finishing, Inc. were taping companies that were controlled by
FRANK MALANGONE, a/k/a "Butch," and THOMAS BOVE, the defendants.
Each of these companies was a party to a CBA with Local 530.
j. F & M Taping was a taping company that was
controlled by FRED MENDOZA, the defendant. F & M Taping was a
party to a CBA with Local 530.
The Genovese Organized Crime Family’s
Influence Over The Drywall Industry
23. The Genovese Organized Crime Family, from the
1970s through January 2004, controlled significant aspects of the
drywall industry in New York City. The Genovese Organized Crime
Family exercised its influence over the drywall industry
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primarily through its ability to manipulate and control the
District Council of the U.B.C.J., the New York City Locals, and
Local 530, and was able to leverage this control to benefit
favored contractors and to extort and intimidate other
contractors. In this way, the Genovese Organized Crime Family
received money and other things of value from both the favored
contractors and other contractors in the drywall industry.
24. The District Council and the New York City Locals
of the U.B.C.J. have been subjected to the control of the
Genovese Organized Crime Family through a combination of
violence, threats, intimidation, and economic coercion, as well
as through a complicit leadership with ties to LCN. Between the
mid-1970s through the early 1990s, numerous violent acts were
directed at those in the U.B.C.J. who opposed the status quo of
corruption and organized crime influence.
25. Moreover, the District Council and the New York
City Locals of the U.B.C.J., and its membership, have been the
subject of several criminal and civil cases resulting, in part,
from the Genovese Organized Crime Family’s long-term influence
over the union’s operations. LOUIS MOSCATIELLO, SR., who was
then an associate of the Genovese Organized Crime Family, was
himself convicted in 1991 of bribing a labor official,
specifically, a business agent of Local 135 of the U.B.C.J.
(which was then a local whose jurisdiction included Manhattan).
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In 1990, the United States Attorney’s Office for the Southern
District of New York filed a civil action against the District
Council, certain of its officers, and members of La Cosa Nostra,
pursuant to the Racketeer Influenced and Corrupt Organizations
Act, seeking to eradicate organized crime’s control of the union.
On March 4, 1994, the District Council and others entered into a
consent decree (the "Consent Decree") with the United States,
which included a permanent injunction against racketeering
activity, and prohibited all officers, employees, and members of
the District Council and the New York City Locals of the U.B.C.J.
from knowingly associating with any member or associate of any
LCN Family. The Consent Decree was authorized and signed by the
Honorable Charles S. Haight, United States District Judge of the
United States District Court for the Southern District of New
York. Nevertheless, despite the existence of the Consent Decree,
the Genovese Organized Crime Family, and in particular
MOSCATIELLO, SR., continued to maintain its influence over the
District Council and the New York City Locals of the U.B.C.J.
26. Local 530 was created specifically to enhance the
Genovese Organized Crime Family’s control over the drywall
industry. Prior to the creation of Local 530 in 1978, the
Drywall Tapers and Pointers of Greater New York, Local 1974,
provided tapers to finish the drywall process. In or about 1978,
LOUIS MOSCATIELLO, SR., together with a Capo in the Genovese
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Organized Crime Family, founded Local 530, which encroached on
the jurisdiction of Local 1974. MOSCATIELLO, SR. thereafter
became the first President and Business Manager of Local 530.
During his tenure as President, MOSCATIELLO, SR. regularly
accepted unlawful payments from contractors in exchange for labor
peace.
27. Following MOSCATIELLO, SR.’s bribery conviction in
1991, in which he agreed to a lifetime bar from the participation
in the affairs of a labor union, MOSCATIELLO, SR. stepped down as
President of Local 530. Nevertheless, he and other members and
associates of the Genovese Organized Crime Family continued to
exercise influence over Local 530 through a complicit union
leadership. For example, MOSCATIELLO SR.’s brother-in-law, John
Campanella, Jr., was the plan manager for the Local 530 Benefit
Funds. In addition, MOSCATIELLO, SR. was able to exercise
influence through his son, Louis Moscatiello, Jr., who was also
involved with the affairs of Local 530, despite the fact that he
did not hold an official position within the union and owned
Improved Drywall, a taping company that was a party to a CBA with
Local 530. For a period in the mid-1990s, the Genovese Organized
Crime Family’s control over Local 530 was exercised through Ralph
Coppola, a Capo in the Genovese Organized Crime Family who
disappeared in September 1998.
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28. Since his release from prison and Coppola’s
disappearance, MOSCATIELLO, SR. has exercised control over Local
530 on behalf of the Genovese Organized Crime Family. He has
been able to do this, in part, through a handpicked leadership
complicit in his corrupt activities, including CARMINE MINGOIA,
the President of Local 530, and Campanella, Jr.
Purposes of the Enterprise
29. The purposes of the enterprise included the
following:
a. Enriching the leaders, members, and
associates of the enterprise through, among other things: (i) the
extortionate or otherwise unlawful control of businesses, labor
unions, persons, and property, including, among other things, the
District Council and New York City Locals of the U.B.C.J. and
Local 530, through (in the case of extortionate control over such
entities or persons) threats of physical and economic harm; (ii)
the operation of fraudulent schemes involving the use of the
mails through which drywall and taping companies that were owned,
operated, or controlled by members and associates of the
enterprise and that were parties to CBAs with the District
Council of the U.B.C.J. and Local 530 were permitted to violate
the CBAs by, among other things, employing workers off-the-books,
employing non-union workers, not paying workers union-scale
wages, misrepresenting the number of workers on reports submitted
24
to the District Council, the District Council Benefit Funds,
Local 530, and the Local 530 Benefit Funds, not making
appropriate contributions to the District Council Benefit Funds
and the Local 530 Benefit Funds, and otherwise being permitted to
ignore the provisions of the CBAs; (iii) the bribery of union
officials to obtain benefits and business advantages for members
and associates of the enterprise to which those members and
associates were not otherwise entitled; (iv) the financing,
extension, and collection of extortionate extensions of credit,
commonly known as "loansharking"; and (v) money laundering;
b. Preserving and augmenting the power,
territory, and financial profits of the enterprise through
murder, intimidation, violence, and threats of physical and
economic harm; and
c. Keeping victims and citizens in fear of the
enterprise and its leaders, members and associates by: (i)
identifying the enterprise, its members and associates, with La
Cosa Nostra or the "Mafia"; (ii) causing and threatening to cause
economic harm; and (iii) committing and threatening to commit
physical violence.
Means and Methods of the Enterprise
30. Among the means and methods by which the
defendants and other enterprise members and associates conducted
and participated in the conduct of the affairs of the enterprise
25
were the following:
a. Members and associates of the enterprise
generated income and attempted to generate income for the
enterprise through the exercise of the enterprise’s unlawful
control over the drywall industry. The enterprise was able to
exercise control over the drywall industry based, in part, on its
ability to influence the actions of the District Council and New
York City Locals of the U.B.C.J. and Local 530. Through its
control over the drywall industry, including the District Council
and the New York City Locals of the U.B.C.J. and Local 530, the
enterprise ensured labor peace on jobsites for members or
associates of the enterprise who owned, operated, or controlled
drywall and taping companies that were parties to CBAs with the
District Council of the U.B.C.J. and Local 530. As a result of
their connections to the enterprise, these favored contractors
were allowed to violate the terms of those CBAs in a number of
significant ways. For example, the drywall and taping companies
that were owned, operated or controlled by members or associates
of the enterprise were able to hire workers off-the-books, to
employ non-union workers, not to pay workers union-scale wages,
and not to make the required contributions to the union benefit
funds. In exchange for this assistance from the enterprise,
through which the contractors saved significant amounts of money
on certain construction projects, the contractors made payments,
26
usually calculated as a percentage of the value of the
construction contract, to other members and associates of the
enterprise. The contractors also provided certain members and
associates of the enterprise with other payments or things of
value.
b. Members and associates of the enterprise also
generated and attempted to generate income for the enterprise by
using the enterprise’s unlawful control over the District Council
and New York City Locals of the U.B.C.J. and Local 530 to extort
payments from contractors in the drywall industry. Contractors
favored by the enterprise knew, prior to placing bids on certain
construction projects, that they would not receive interference
or challenges from the unions if they violated the CBAs by, for
example, not employing union workers, not paying union-scale
wages, and not making contributions to the union benefit plans.
Therefore, these contractors factored into their bids their
ability to violate the CBAs and, as a result, complete the
construction projects at a significantly lower cost than other
contractors who were not receiving similar assistance from the
enterprise. This allowed the favored contractors to place lower
bids on construction projects and to obtain more work, which in
turn benefitted the enterprise. In addition, because certain
contractors were receiving assurances of labor peace as a result
of their relationship with the enterprise, the enterprise was
27
able to extort payments from still other contractors, who
believed that they were forced to use non-union workers or to
violate the CBAs in other ways in order to compete against those
contractors who were able to violate the CBAs with relative
impunity.
c. Members and associates of the enterprise
further generated and attempted to generate income for the
enterprise through a bid-rigging scheme, whereby favored taping
contractors, Local 530 officials, and other members and
associates of the enterprise colluded in submitting bids for
taping jobs from a particular drywall contractor ("Contractor-
1"). The taping contractors who participated in the bid-rigging
scheme agreed, in advance of the bidding for taping jobs on
Contractor-1's construction projects, (i) which taping job would
be assigned to each of the participating contractors and (ii)
what dollar amount each of the contractors would bid for each
job. These taping contractors submitted their bids with the
understanding that the enterprise would ensure labor peace on
their jobsites even if the contractors violated the terms of the
CBAs by, for example, using workers who were paid off-the-books,
using non-union labor, and failing to pay union-scale wages or to
make the required contributions to the union benefit funds.
d. Members and associates of the enterprise also
generated and attempted to generate income for the enterprise
28
through other means as well, including extortion and
loansharking. For example, the enterprise generated and
attempted to generate income through extortion by forcing
contractors to provide jobs on construction projects to members
and associates of the enterprise.
e. To protect and expand the enterprise's
criminal operations, members and associates of the enterprise
promoted a climate of fear through violence, threats of violence,
and economic harm. To further protect and expand the
enterprise’s criminal operations, members and associates of the
enterprise attempted to influence and control union officials in
the District Council and the New York City Locals of the U.B.C.J.
through threats, intimidation and fear.
f. To further maintain the enterprise’s control
over the District Council and the New York City Locals of the
U.B.C.J. and over Local 530, members and associates of the
enterprise placed handpicked individuals in leadership and
supervisory positions in those unions.
g. To generate cash that was used, among other
purposes, to pay some of the workers who were hired off-the-books
in violation of the CBAs, members and associates of the
enterprise who owned, operated or controlled drywall and taping
companies cashed checks that were made payable to (i) entities
that never received the funds from those checks or (ii)
29
fictitious entities.
h. Members and associates of the enterprise at
times engaged in criminal conduct or coordinated their criminal
activities with leaders, members, and associates of other LCN
Families.
i. So as to avoid law enforcement scrutiny of
the enterprise’s criminal activities, members and associates of
the enterprise conducted meetings surreptitiously, typically
expressing reluctance to discuss criminal activities over the
telephone, using coded language during meetings, and engaging in
"walk and talks" or other methods designed to thwart law
enforcement scrutiny.
j. Members and associates of the enterprise
attempted to identify and did identify individuals suspected of
providing, or deemed likely to provide, information to law
enforcement about the enterprise, its members and activities, and
about other LCN Families.
k. To conceal their receipt of money generated
from their criminal activities, members and associates of the
enterprise concealed their ownership of various assets that
constituted or were purchased with proceeds of their criminal
activities.
30
The Racketeering Violation
31. From at least in or about 1978, up through and
including in or about January 2004, in the Southern District of
New York and elsewhere, while LOUIS MOSCATIELLO, SR., was on
release pursuant to an order of the United States District Court
for the Southern District of New York, dated on or about February
26, 2003, issued pursuant to Title 18, United States Code,
Section 3142(c), LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," CARMINE MINGOIA, FRED NISALL, a/k/a "Fred Nisalevich,"
a/k/a "Fred Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller,"
CARMINE SEDITA, JOSEPH DELIO, ROBERT ALVAREZ, PAUL GHIRARDUZZI,
THOMAS BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA,
the defendants, and Robert Carbone, a/k/a "Bucky," and others
known and unknown, being persons employed by and associated with
the racketeering enterprise described in Paragraphs 1 through 30
above, namely, the Genovese Organized Crime Family, which
enterprise was engaged in, and the activities of which affected,
interstate and foreign commerce, unlawfully, willfully, and
knowingly conducted and participated, directly and indirectly, in
the conduct of the affairs of that enterprise through a pattern
of racketeering activity, as that term is defined in Title 18,
United States Code, Sections 1961(1) and 1961(5), that is,
through the commission of the following racketeering acts:
31
The Pattern of Racketeering
32. The pattern of racketeering activity, as defined
in Title 18, United States Code, Sections 1961(1) and 1961(5),
consisted of the following acts:
Racketeering Act One: Labor Racketeering Regarding Local 530 At
A Construction Project At 500 West 56th Street
33. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act One:
Mail Fraud
a. From in or about January 2003, up through and
including in or about October 2003, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR. and CARMINE
MINGOIA, the defendants, and others known and unknown, having
devised and intending to devise a scheme and artifice to defraud
and for obtaining money and property by means of false and
fraudulent pretenses, representations, and promises, for the
purpose of executing such scheme and artifice and attempting so
to do, unlawfully, willfully, and knowingly did place in a post
office and authorized depository for mail matter, matters and
things to be sent and delivered by the Postal Service, and caused
to be delivered by mail according to the direction thereon, and
at the place it was directed to be delivered by the person to
whom it was addressed, such matters and things, to wit, the
defendants participated in a scheme whereby MOSCATIELLO, SR.
32
received secret payments from a contractor ("Contractor-2"), in
exchange for which MOSCATIELLO, SR. and MINGOIA used their
influence over Local 530 and the Local 530 Benefit Funds to allow
Contractor-2 to violate the terms of the CBA at 500 West 56th
Street, New York, New York, by, among other things, paying
workers off-the-books, employing non-union workers, not paying
workers union-scale wages, and misrepresenting the number of
workers on reports submitted to Local 530 and the Local 530
Benefit Funds pursuant to the CBA, in order to fraudulently
obtain money and property consisting of (i) economic benefits
such as wages and employee benefit credits to which union members
were entitled under the CBA; (ii) contributions which the Local
530 Benefit Funds and other union-affiliated funds were entitled
to receive under the CBA; (iii) monies collected from real estate
developers, owners, contractors, and others as payment for wages
and employee benefit contributions which Contractor-2 was
obligated to, but in fact did not, pay under the CBA; and (iv)
monies which Local 530 would have collected as membership dues
and agency shop fees under the CBA, had the CBA not been violated
on the 500 West 56th Street jobsite, in violation of Title 18,
United States Code, Sections 1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about January 2003, up through and
including in or about October 2003, in the Southern District of
33
New York and elsewhere, LOUIS MOSCATIELLO, SR. and CARMINE
MINGOIA, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did embezzle, steal,
abstract, and convert to their own use, and to the use of
another, moneys, funds, securities, premiums, credits, property,
and other assets of "an employee welfare benefit plan or employee
pension benefit plan," as that term is defined in Title 18,
United States Code, Section 664, and of a fund connected
therewith, to wit, the defendants participated in a scheme
whereby MOSCATIELLO, SR. received secret payments from
Contractor-2, in exchange for which MOSCATIELLO, SR. and MINGOIA
used their influence over Local 530 to allow Contractor-2 to
violate the terms of the CBA at Contractor-2's jobsite at 500
West 56th Street, New York, New York, by, among other things, not
making contributions to the Local 530 Benefit Funds, in violation
of Title 18, United States Code, Sections 664 and 2.
Mail Fraud
c. From in or about January 2003, up through and
including in or about October 2003, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR. and CARMINE
MINGOIA, the defendants, and others known and unknown, having
devised and intending to devise a scheme and artifice to defraud
and for obtaining money and property by means of false and
fraudulent pretenses, representations, and promises, for the
34
purpose of executing such scheme and artifice and attempting so
to do, unlawfully, willfully, and knowingly did place in a post
office and authorized depository for mail matter, matters and
things to be sent and delivered by the Postal Service, and caused
to be delivered by mail according to the direction thereon, and
at the place it was directed to be delivered by the person to
whom it was addressed, such matters and things, to wit, the
defendants participated in a scheme whereby the members of Local
530 were deprived of the intangible right of honest services of
Local 530’s officials, who acted at the direction of members and
associates of the Genovese Organized Crime Family in connection
with the enforcement of the CBA between Contractor-2 and Local
530 on a jobsite at 500 West 56th Street, New York, New York, in
violation of Title 18, United States Code, Sections 1341, 1346
and 2.
Racketeering Act Two: Labor Racketeering Regarding The U.B.C.J.
At The Kings County Hospital Expansion Project
34. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Two:
Mail Fraud
a. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," FRED NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred
35
Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," CARMINE
SEDITA, JOSEPH DELIO, ROBERT ALVAREZ and PAUL GHIRARDUZZI, the
defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
be sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
participated in a scheme whereby they used their influence over
the District Council, the New York City Locals and the District
Council Benefit Funds to allow JAMES DELIO, NISALL, and JOSEPH
DELIO to violate the terms of the CBA at the Kings County
Hospital expansion project, in Brooklyn, New York, by, among
other things, paying workers off-the-books, employing non-union
workers, not paying workers union-scale wages, and
misrepresenting the number of workers on reports submitted to the
District Council and the District Council Benefit Funds pursuant
to the CBA, in order to fraudulently obtain money and property
consisting of (i) economic benefits such as wages and employee
36
benefit credits to which union members were entitled under the
CBA; (ii) contributions which the District Council Benefit Funds
and other union-affiliated funds were entitled to receive under
the CBA; (iii) monies collected from the Dormitory Authority of
the State of New York ("DASNY"), real estate developers,
contractors, and others as payment for wages and employee benefit
contributions which JAMES DELIO, NISALL, and JOSEPH DELIO were
obligated to, but in fact did not, pay under the CBA; and (iv)
monies which the District Council and the New York City Locals
would have collected as membership dues and agency shop fees
under the CBA, had the CBA not been violated on the Kings County
Hospital jobsite, in violation of Title 18, United States Code,
Sections 1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," FRED NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred
Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," CARMINE
SEDITA, JOSEPH DELIO, ROBERT ALVAREZ, and PAUL GHIRARDUZZI, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did embezzle, steal, abstract, and convert to their
own use, and to the use of another, moneys, funds, securities,
premiums, credits, property, and other assets of "an employee
37
welfare benefit plan or employee pension benefit plan," as that
term is defined in Title 18, United States Code, Section 664, and
of a fund connected therewith, to wit, the defendants
participated in a scheme whereby they used their influence over
the District Council and the New York City Locals of the U.B.C.J.
to allow JAMES DELIO, NISALL, and JOSEPH DELIO to violate the
terms of the CBA at the Kings County Hospital expansion project,
in Brooklyn, New York, by, among other things, not making
contributions to the District Council ERISA Funds, in violation
of Title 18, United States Code, Sections 664 and 2.
Racketeering Act Three: Extortion of Local 926 of the U.B.C.J.
35. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Three:
Conspiracy To Commit Extortion
a. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
York and elsewhere, LOUIS MOSCATIELLO, SR., CARMINE SEDITA, and
ROBERT ALVAREZ, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly combined, conspired,
confederated, and agreed together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another person, to wit, the members and
38
officers of Local 926 of the U.B.C.J., which consent would have
been, and was, induced by the wrongful use of actual and
threatened force, violence and fear, and thereby would and did
obstruct, delay and affect commerce, and the movement of articles
and commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), to wit, the defendants
used their corrupt influence over the District Council and New
York City Locals of the U.B.C.J. to obtain the consent of Local
926 of the U.B.C.J. for James Delio, Fred Nisall, a/k/a "Fred
Nisalevich," a/k/a "Fred Buschel," a/k/a "Fred Buschell," a/k/a
"Jack Miller," and Joseph Delio to violate the terms of a CBA in
connection with the Kings County Hospital expansion project, in
Brooklyn, New York, and the defendants thereby obtained, among
other things, monies that should have been paid to the members of
the New York City Locals in the form of union-scale wages and
contributions to the District Council Benefit Funds, in violation
of Title 18, United States Code, Section 1951.
Extortion
b. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
York and elsewhere, LOUIS MOSCATIELLO, SR., CARMINE SEDITA, and
ROBERT ALVAREZ, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly committed and attempted to
commit extortion, as that term is defined in Title 18, United
39
States Code, Section 1951(b)(2), by obtaining money and property
from and with the consent of another person, to wit, the members
and officers of Local 926 of the U.B.C.J., which consent would
have been, and was, induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby would and did
obstruct, delay, and affect commerce, and the movement of
articles and commodities in commerce, as that term is defined in
Title 18, United States Code, Section 1951(b)(3), to wit, the
defendants used their corrupt influence over the District Council
and New York City Locals of the U.B.C.J. to obtain the consent of
Local 926 of the U.B.C.J. for James Delio, Fred Nisall, a/k/a
"Fred Nisalevich," a/k/a "Fred Buschel," a/k/a "Fred Buschell,"
a/k/a "Jack Miller," and Joseph Delio to violate the terms of a
CBA in connection with the Kings County Hospital expansion
project, in Brooklyn, New York, and the defendants thereby
obtained, among other things, monies that should have been paid
to the members of the New York City Locals in the form of unionscale
wages and contributions to the District Council Benefit
Funds, in violation of Title 18, United States Code, Sections
1951 and 2.
Racketeering Act Four: Fraudulent Use of Minority Business
Enterprise Designation Relating To The Expansion of the Kings
County Hospital
36. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
40
York and elsewhere, JAMES DELIO, a/k/a "Jamie," and JOSEPH DELIO,
the defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
be sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
participated in a scheme whereby they falsely represented to
DASNY, real estate developers, contractors and others that their
company, Centre Interior, was a minority business enterprise
("MBE") registered with the State of New York, in connection with
bids submitted for the Kings County Hospital expansion project,
in violation of Title 18, United States Code, Sections 1341 and
2.
Racketeering Act Five: Unlawful Receipt Of Payments By Union
Representative At The Kings County Hospital Expansion Project
37. From in or about October 1999, up through and
including in or about January 2001, in the Southern District of
New York and elsewhere, PAUL GHIRARDUZZI, the defendant, being an
officer and employee of a labor organization which represented,
41
sought to represent, and did admit to membership the employees of
employers who were employed in an industry affecting commerce,
and JAMES DELIO, a/k/a "Jamie," and FRED NISALL, a/k/a "Fred
Nisalevich," a/k/a "Fred Buschel," a/k/a "Fred Buschell," a/k/a
"Jack Miller," the defendants, unlawfully, willfully, and
knowingly, did request, demand, receive, and accept, and agree to
receive and accept, a payment, loan, and delivery of money and
other thing of value, from an employer and persons acting in the
interest of such an employer, to a representative of employees
who are employed in an industry affecting commerce, and did aid
and abet the same, to wit, GHIRARDUZZI received monies from JAMES
DELIO and NISALL as payment for hours that GHIRARDUZZI did not
work as an U.B.C.J. shop steward at the Kings County Hospital
expansion project jobsite, in violation of Title 29, United
States Code, Sections 186(a)(2), (b)(1) and (d)(2), and Title 18,
United States Code, Section 2.
Racketeering Act Six: Labor Racketeering Regarding Local 530 At
The Kings County Hospital Expansion Project
38. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Six:
Mail Fraud
a. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
42
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 and the Local
530 Benefit Funds to allow JAMES DELIO and JOSEPH DELIO to
violate the terms of the CBA at the Kings County Hospital
expansion project, in Brooklyn, New York, by, among other things,
paying workers off-the-books, employing non-union workers, not
paying workers union-scale wages, and misrepresenting the number
of workers on reports submitted to Local 530 and the Local 530
Benefit Funds pursuant to the CBA, in order to fraudulently
obtain money and property consisting of (i) economic benefits
such as wages and employee benefit credits to which union members
were entitled under the CBA; (ii) contributions which the Local
530 Benefit Funds and other union-affiliated funds were entitled
43
to receive under the CBA; (iii) monies collected from DASNY, real
estate developers, contractors, and others as payment for wages
and employee benefit contributions which JAMES DELIO and JOSEPH
DELIO were obligated to, but in fact did not, pay under the CBA;
and (iv) monies which Local 530 would have collected as
membership dues and agency shop fees under the CBA, had the CBA
not been violated on the Kings County Hospital jobsite, in
violation of Title 18, United States Code, Sections 1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did embezzle,
steal, abstract, and convert to their own use, and to the use of
another, moneys, funds, securities, premiums, credits, property,
and other assets of "an employee welfare benefit plan or employee
pension benefit plan," as that term is defined in Title 18,
United States Code, Section 664, and of a fund connected
therewith, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 to allow JAMES
DELIO and JOSEPH DELIO to violate the terms of the CBA at the
Kings County Hospital expansion project, in Brooklyn, New York,
by, among other things, not making contributions to the Local 530
44
Benefit Funds, in violation of Title 18, United States Code,
Sections 664 and 2.
Mail Fraud
c. From in or about October 1999, up through and
including in or about April 2001, in the Southern District of New
York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby the members of Local 530 were deprived of the intangible
right of honest services of Local 530’s officials, who acted at
the direction of members and associates of the Genovese Organized
Crime Family in connection with the enforcement of the CBA
between JAMES DELIO and JOSEPH DELIO and Local 530 at the Kings
County Hospital expansion project, in Brooklyn, New York, in
45
violation of Title 18, United States Code, Sections 1341, 1346
and 2.
Racketeering Act Seven: Labor Racketeering Regarding The
U.B.C.J. At A Construction Project At 124 Hudson Street
39. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Seven:
Mail Fraud
a. From in or about 2000, up through and
including in or about December 2001, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a
"Fred Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
be sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
participated in a scheme whereby they used their influence over
46
the District Council, the New York City Locals and the District
Council Benefit Funds to allow JAMES DELIO and NISALL to violate
the terms of the CBA at a construction project at 124 Hudson
Street, New York, New York, by, among other things, paying
workers off-the-books, employing non-union workers, not paying
workers union-scale wages, and misrepresenting the number of
workers on reports submitted to the District Council and the
District Council Benefit Funds pursuant to the CBA, in order to
fraudulently obtain money and property consisting of (i) economic
benefits such as wages and employee benefit credits to which
union members were entitled under the CBA; (ii) contributions
which the District Council Benefit Funds and other unionaffiliated
funds were entitled to receive under the CBA; (iii)
monies collected from real estate developers, owners,
contractors, and others as payment for wages and employee benefit
contributions which JAMES DELIO and NISALL were obligated to, but
in fact did not, pay under the CBA; and (iv) monies which the
District Council and the New York City Locals would have
collected as membership dues and agency shop fees under the CBA,
had the CBA not been violated on the 124 Hudson Street jobsite,
in violation of Title 18, United States Code, Sections 1341 and
2.
47
Employee Benefit Plan Embezzlement
b. From in or about 2000, up through and
including in or about December 2001, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a
"Fred Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did embezzle, steal, abstract, and convert to their
own use, and to the use of another, moneys, funds, securities,
premiums, credits, property, and other assets of "an employee
welfare benefit plan or employee pension benefit plan," as that
term is defined in Title 18, United States Code, Section 664, and
of a fund connected therewith, to wit, the defendants
participated in a scheme whereby they used their influence over
the District Council and the New York City Locals of the U.B.C.J.
to allow JAMES DELIO and NISALL to violate the terms of the CBA
at a construction project at 124 Hudson Street, in New York, New
York, by, among other things, not making contributions to the
District Council ERISA Funds, in violation of Title 18, United
States Code, Sections 664 and 2.
Racketeering Act Eight: Labor Racketeering Regarding Local 530
At A Construction Project At 124 Hudson Street
40. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Eight:
48
Mail Fraud
a. From in or about 2000, up through and
including in or about December 2001, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and JOSEPH DELIO, the defendants, and others known
and unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 and the Local
530 Benefit Funds to allow JAMES DELIO and JOSEPH DELIO to
violate the terms of the CBA at a construction project at 124
Hudson Street, in New York, New York, by, among other things,
paying workers off-the-books, employing non-union workers, not
paying workers union-scale wages, and misrepresenting the number
of workers on reports submitted to Local 530 and the Local 530
Benefit Funds pursuant to the CBA, in order to fraudulently
49
obtain money and property consisting of (i) economic benefits
such as wages and employee benefit credits to which union members
were entitled under the CBA; (ii) contributions which the Local
530 Benefit Funds and other union-affiliated funds were entitled
to receive under the CBA; (iii) monies collected from real estate
developers, owners, contractors, and others as payment for wages
and employee benefit contributions which JAMES DELIO and JOSEPH
DELIO were obligated to, but in fact did not, pay under the CBA;
and (iv) monies which Local 530 would have collected as
membership dues and agency shop fees under the CBA, had the CBA
not been violated at the 124 Hudson Street jobsite, in New York,
New York, in violation of Title 18, United States Code, Sections
1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about 2000, up through and
including in or about December 2001, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and JOSEPH DELIO, the defendants, and others known
and unknown, unlawfully, willfully, and knowingly did embezzle,
steal, abstract, and convert to their own use, and to the use of
another, moneys, funds, securities, premiums, credits, property,
and other assets of "an employee welfare benefit plan or employee
pension benefit plan," as that term is defined in Title 18,
United States Code, Section 664, and of a fund connected
50
therewith, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 to allow JAMES
DELIO and JOSEPH DELIO to violate the terms of the CBA at a
construction project at 124 Hudson Street, in New York, New York,
by, among other things, not making contributions to the Local 530
Benefit Funds, in violation of Title 18, United States Code,
Sections 664 and 2.
Mail Fraud
c. From in or about 2000, up through and
including in or about December 2001, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and JOSEPH DELIO, the defendants, and others known
and unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby the members of Local 530 were deprived of the intangible
51
right of honest services of Local 530’s officials, who acted at
the direction of members and associates of the Genovese Organized
Crime Family in connection with the enforcement of the CBA
between JAMES DELIO and JOSEPH DELIO and Local 530 at a
construction project at 124 Hudson Street, in New York, New York,
in violation of Title 18, United States Code, Sections 1341, 1346
and 2.
Racketeering Act Nine: Labor Racketeering Regarding The U.B.C.J.
At A Lord & Taylor Construction Project
41. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Nine:
Mail Fraud
a. In or about 1998, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a
"Fred Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
be sent and delivered by the Postal Service, and caused to be
52
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
participated in a scheme whereby they used their influence over
the Long Island local of the U.B.C.J. to allow JAMES DELIO and
NISALL to violate the terms of the CBA at a Lord & Taylor
construction project on Long Island, New York, by, among other
things, paying workers off-the-books, employing non-union
workers, not paying workers union-scale wages, and
misrepresenting the number of workers on reports submitted to the
Long Island local of the U.B.C.J. pursuant to the CBA, in order
to fraudulently obtain money and property consisting of (i)
economic benefits such as wages and employee benefit credits to
which union members were entitled under the CBA; (ii)
contributions which the Long Island local’s benefit funds and
other union-affiliated funds were entitled to receive under the
CBA; (iii) monies collected from real estate developers, owners,
contractors, and others as payment for wages and employee benefit
contributions which JAMES DELIO and NISALL were obligated to, but
in fact did not, pay under the CBA; and (iv) monies which the
Long Island local would have collected as membership dues and
agency shop fees under the CBA, had the CBA not been violated on
the Lord & Taylor jobsite, in violation of Title 18, United
States Code, Sections 1341 and 2.
53
Employee Benefit Plan Embezzlement
b. In or about 1998, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a
"Fred Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did embezzle, steal, abstract, and convert to their
own use, and to the use of another, moneys, funds, securities,
premiums, credits, property, and other assets of "an employee
welfare benefit plan or employee pension benefit plan," as that
term is defined in Title 18, United States Code, Section 664, and
of a fund connected therewith, to wit, the defendants
participated in a scheme whereby they used their influence over
the Long Island local of the U.B.C.J. to allow JAMES DELIO and
NISALL to violate the terms of the CBA at a Lord & Taylor
construction project on Long Island, New York, by, among other
things, not making contributions to the Local Island local’s
benefit funds, in violation of Title 18, United States Code,
Sections 664 and 2.
Racketeering Act Ten: Labor Racketeering Regarding Local 530 At
A Lord & Taylor Construction Project
42. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Ten:
54
Mail Fraud
a. In or about 1998, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and JOSEPH DELIO, the defendants, and others known
and unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 and the Local
530 Benefit Funds to allow JAMES DELIO and JOSEPH DELIO to
violate the terms of the CBA at a Lord & Taylor construction
project on Long Island, New York, by, among other things, paying
workers off-the-books, employing non-union workers, not paying
workers union-scale wages, and misrepresenting the number of
workers on reports submitted to Local 530 and the Local 530
Benefit Funds pursuant to the CBA, in order to fraudulently
obtain money and property consisting of (i) economic benefits
55
such as wages and employee benefit credits to which union members
were entitled under the CBA; (ii) contributions which the Local
530 Benefit Funds and other union-affiliated funds were entitled
to receive under the CBA; (iii) monies collected from real estate
developers, owners, contractors, and others as payment for wages
and employee benefit contributions which JAMES DELIO and JOSEPH
DELIO were obligated to, but in fact did not, pay under the CBA;
and (iv) monies which Local 530 would have collected as
membership dues and agency shop fees under the CBA, had the CBA
not been violated at the Lord & Taylor jobsite, in violation of
Title 18, United States Code, Sections 1341 and 2.
Employee Benefit Plan Embezzlement
b. In or about 1998, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and JOSEPH DELIO, the defendants, and others known
and unknown, unlawfully, willfully, and knowingly did embezzle,
steal, abstract, and convert to their own use, and to the use of
another, moneys, funds, securities, premiums, credits, property,
and other assets of "an employee welfare benefit plan or employee
pension benefit plan," as that term is defined in Title 18,
United States Code, Section 664, and of a fund connected
therewith, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 to allow JAMES
DELIO and JOSEPH DELIO to violate the terms of the CBA at a Lord
56
& Taylor construction project on Long Island, New York, by, among
other things, paying workers off-the-books and not making
contributions to the Local 530 Benefit Funds, in violation of
Title 18, United States Code, Sections 664 and 2.
Mail Fraud
c. In or about 1998, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO,
a/k/a "Jamie," and JOSEPH DELIO, the defendants, and others known
and unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby the members of Local 530 were deprived of the intangible
right of honest services of Local 530’s officials, who acted at
the direction of members and associates of the Genovese Organized
Crime Family in connection with the enforcement of the CBA
between JAMES DELIO and JOSEPH DELIO and Local 530 at a Lord &
57
Taylor construction project on Long Island, New York, in
violation of Title 18, United States Code, Sections 1341, 1346
and 2.
Racketeering Act Eleven: Labor Racketeering Regarding The
U.B.C.J. At The Public School 83 Construction Project
43. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Eleven:
Mail Fraud
a. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred
Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
be sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
58
participated in a scheme whereby they used their influence over
the District Council, the New York City Locals and the District
Council Benefit Funds to allow JAMES DELIO and NISALL to violate
the terms of the CBA at the Public School 83 construction project
in the Bronx, New York, by, among other things, paying workers
off-the-books, employing non-union workers, not paying workers
union-scale wages, and misrepresenting the number of workers on
reports submitted to the District Council and the District
Council Benefit Funds pursuant to the CBA, in order to
fraudulently obtain money and property consisting of (i) economic
benefits such as wages and employee benefit credits to which
union members were entitled under the CBA; (ii) contributions
which the District Council Benefit Funds and other unionaffiliated
funds were entitled to receive under the CBA; (iii)
monies collected from the School Construction Authority ("SCA"),
real estate developers, contractors, and others as payment for
wages and employee benefit contributions which JAMES DELIO and
NISALL were obligated to, but in fact did not, pay under the CBA;
and (iv) monies which the District Council and the New York City
Locals would have collected as membership dues and agency shop
fees under the CBA, had the CBA not been violated on the Public
School 83 jobsite, in violation of Title 18, United States Code,
Sections 1341 and 2.
59
Employee Benefit Plan Embezzlement
b. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred
Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did embezzle, steal, abstract, and convert to their
own use, and to the use of another, moneys, funds, securities,
premiums, credits, property, and other assets of "an employee
welfare benefit plan or employee pension benefit plan," as that
term is defined in Title 18, United States Code, Section 664, and
of a fund connected therewith, to wit, the defendants
participated in a scheme whereby they used their influence over
the District Council and the New York City Locals of the U.B.C.J.
to allow JAMES DELIO and NISALL to violate the terms of the CBA
at the Public School 83 construction project in the Bronx, New
York, by, among other things, not making contributions to the
District Council ERISA Funds, in violation of Title 18, United
States Code, Sections 664 and 2.
Racketeering Act Twelve: Labor Racketeering Regarding Local 530
At The Public School 83 Construction Project
44. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Twelve:
60
Mail Fraud
a. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 and the Local
530 Benefit Funds to allow JAMES DELIO and JOSEPH DELIO to
violate the terms of the CBA at a construction project at the
Public School 83 construction project in the Bronx, New York by,
among other things, paying workers off-the-books, employing nonunion
workers, not paying workers union-scale wages, and
misrepresenting the number of workers on reports submitted to
Local 530 and the Local 530 Benefit Funds pursuant to the CBA, in
61
order to fraudulently obtain money and property consisting of (i)
economic benefits such as wages and employee benefit credits to
which union members were entitled under the CBA; (ii)
contributions which the Local 530 Benefit Funds and other unionaffiliated
funds were entitled to receive under the CBA; (iii)
monies collected from the SCA, real estate developers,
contractors, and others as payment for wages and employee benefit
contributions which JAMES DELIO and JOSEPH DELIO were obligated
to, but in fact did not, pay under the CBA; and (iv) monies which
Local 530 would have collected as membership dues and agency shop
fees under the CBA, had the CBA not been violated at the Public
School 83 jobsite, in violation of Title 18, United States Code,
Sections 1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did embezzle,
steal, abstract, and convert to their own use, and to the use of
another, moneys, funds, securities, premiums, credits, property,
and other assets of "an employee welfare benefit plan or employee
pension benefit plan," as that term is defined in Title 18,
United States Code, Section 664, and of a fund connected
62
therewith, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 to allow JAMES
DELIO and JOSEPH DELIO to violate the terms of the CBA at the
Public School 83 construction project in the Bronx, New York, by,
among other things, not making contributions to the Local 530
Benefit Funds, in violation of Title 18, United States Code,
Sections 664 and 2.
Mail Fraud
c. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby the members of Local 530 were deprived of the intangible
63
right of honest services of Local 530’s officials, who acted at
the direction of members and associates of the Genovese Organized
Crime Family in connection with the enforcement of the CBA
between JAMES DELIO and JOSEPH DELIO and Local 530 at the Public
School 83 construction project in the Bronx, New York, in
violation of Title 18, United States Code, Sections 1341, 1346
and 2.
Racketeering Act Thirteen: Labor Racketeering Regarding The
U.B.C.J. At The Public School 54 Construction Project
45. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Thirteen:
Mail Fraud
a. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred
Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
64
be sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
participated in a scheme whereby they used their influence over
the District Council, the New York City Locals and the District
Council Benefit Funds to allow JAMES DELIO and NISALL, to violate
the terms of the CBA at the Public School 54 construction project
in the Bronx, New York, by, among other things, paying workers
off-the-books, employing non-union workers, not paying workers
union-scale wages, and misrepresenting the number of workers on
reports submitted to the District Council and the District
Council Benefit Funds pursuant to the CBA, in order to
fraudulently obtain money and property consisting of (i) economic
benefits such as wages and employee benefit credits to which
union members were entitled under the CBA; (ii) contributions
which the District Council Benefit Funds and other unionaffiliated
funds were entitled to receive under the CBA; (iii)
monies collected from the SCA, real estate developers,
contractors, and others as payment for wages and employee benefit
contributions which JAMES DELIO and NISALL were obligated to, but
in fact did not, pay under the CBA; and (iv) monies which the
District Council and the New York City Locals would have
collected as membership dues and agency shop fees under the CBA,
65
had the CBA not been violated on the Public School 54 jobsite, in
violation of Title 18, United States Code, Sections 1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and FRED NISALL, a/k/a "Fred Nisalevich," a/k/a "Fred
Buschel," a/k/a "Fred Buschell," a/k/a "Jack Miller," the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did embezzle, steal, abstract, and convert to their
own use, and to the use of another, moneys, funds, securities,
premiums, credits, property, and other assets of "an employee
welfare benefit plan or employee pension benefit plan," as that
term is defined in Title 18, United States Code, Section 664, and
of a fund connected therewith, to wit, the defendants
participated in a scheme whereby they used their influence over
the District Council and the New York City Locals of the U.B.C.J.
to allow JAMES DELIO and NISALL to violate the terms of the CBA
at the Public School 54 construction project in the Bronx, New
York, by, among other things, paying workers off-the-books and
not making contributions to the District Council ERISA Funds, in
violation of Title 18, United States Code, Sections 664 and 2.
66
Racketeering Act Fourteen: Labor Racketeering Regarding Local
530 At The Public School 54 Construction Project
46. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Fourteen:
Mail Fraud
a. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 and the Local
530 Benefit Funds to allow JAMES DELIO and JOSEPH DELIO to
violate the terms of the CBA at a construction project at the
Public School 54 construction project in the Bronx, New York by,
67
among other things, paying workers off-the-books, employing nonunion
workers, not paying workers union-scale wages, and
misrepresenting the number of workers on reports submitted to
Local 530 and the Local 530 Benefit Funds pursuant to the CBA, in
order to fraudulently obtain money and property consisting of (i)
economic benefits such as wages and employee benefit credits to
which union members were entitled under the CBA; (ii)
contributions which the Local 530 Benefit Funds and other unionaffiliated
funds were entitled to receive under the CBA; (iii)
monies collected from the SCA, real estate developers,
contractors, and others as payment for wages and employee benefit
contributions which JAMES DELIO and JOSEPH DELIO were obligated
to, but in fact did not, pay under the CBA; and (iv) monies which
Local 530 would have collected as membership dues and agency shop
fees under the CBA, had the CBA not been violated at the Public
School 54 jobsite, in violation of Title 18, United States Code,
Sections 1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did embezzle,
steal, abstract, and convert to their own use, and to the use of
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another, moneys, funds, securities, premiums, credits, property,
and other assets of "an employee welfare benefit plan or employee
pension benefit plan," as that term is defined in Title 18,
United States Code, Section 664, and of a fund connected
therewith, to wit, the defendants participated in a scheme
whereby they used their influence over Local 530 to allow JAMES
DELIO and JOSEPH DELIO to violate the terms of the CBA at the
Public School 54 construction project in the Bronx, New York, by,
among other things, not making contributions to the Local 530
Benefit Funds, in violation of Title 18, United States Code,
Sections 664 and 2.
Mail Fraud
c. From in or about 1998, up through and
including in or about 1999, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., JAMES DELIO, a/k/a
"Jamie," and JOSEPH DELIO, the defendants, and others known and
unknown, having devised and intending to devise a scheme and
artifice to defraud and for obtaining money and property by means
of false and fraudulent pretenses, representations, and promises,
for the purpose of executing such scheme and artifice and
attempting so to do, unlawfully, willfully, and knowingly did
place in a post office and authorized depository for mail matter,
matters and things to be sent and delivered by the Postal
Service, and caused to be delivered by mail according to the
69
direction thereon, and at the place it was directed to be
delivered by the person to whom it was addressed, such matters
and things, to wit, the defendants participated in a scheme
whereby the members of Local 530 were deprived of the intangible
right of honest services of Local 530’s officials, who acted at
the direction of members and associates of the Genovese Organized
Crime Family in connection with the enforcement of the CBA
between JAMES DELIO and JOSEPH DELIO and Local 530 at the Public
School 54 construction project in the Bronx, New York, in
violation of Title 18, United States Code, Sections 1341, 1346
and 2.
Racketeering Act Fifteen: Extortion Of Local 530 Officers
47. In or about 1997, in the Southern District of New
York and elsewhere, JAMES DELIO, a/k/a "Jamie," the defendant,
and Robert Carbone, a/k/a "Bucky," unlawfully, willfully, and
knowingly took, obtained, and withheld another’s property
wrongfully, by extortion, as that term is defined in N.Y. Penal
Law Section 155.05(2)(e), to wit, JAMES DELIO and Carbone used
and attempted to use fear of economic harm to force officers of
Local 530 to pay JAMES DELIO and Carbone half of the officers’
salary, in violation of New York State Penal Law Sections
155.05(2), 155.35, and 110.00.
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Racketeering Act Sixteen: Extortion Of Contractor-3
48. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Sixteen:
Conspiracy To Commit Extortion
a. In or about 1996, in the Southern District of
New York and elsewhere, THOMAS BOVE and FRANK MALANGONE, a/k/a
"Butch," the defendants, and others known and unknown,
unlawfully, willfully, and knowingly combined, conspired,
confederated, and agreed together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another person, to wit, a drywall
contractor ("Contractor-3"), which consent would have been, and
was, induced by the wrongful use of actual and threatened force,
violence and fear, and thereby would and did obstruct, delay and
affect commerce, and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), to wit, BOVE and MALANGONE agreed to
use actual and threatened force, violence and fear to force
Contractor-3 to pay $30,000 that BOVE and MALANGONE claimed was
owed to their taping company, Wall-tone, in violation of Title
18, United States Code, Section 1951.
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Extortion
b. In or about 1996, in the Southern District of
New York and elsewhere, THOMAS BOVE and FRANK MALANGONE, a/k/a
"Butch," the defendants, and others known and unknown,
unlawfully, willfully, and knowingly committed and attempted to
commit extortion, as that term is defined in Title 18, United
States Code, Section 1951(b)(2), by obtaining money and property
from and with the consent of another person, to wit, Contractor-
3, which consent would have been, and was, induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby would and did obstruct, delay, and affect commerce,
and the movement of articles and commodities in commerce, as that
term is defined in Title 18, United States Code, Section
1951(b)(3), to wit, BOVE and MALANGONE used and attempted to use
actual and threatened force, violence and fear to force
Contractor-3 to pay $30,000 that BOVE and MALANGONE claimed was
owed to their taping company, Wall-tone, in violation of Title
18, United States Code, Sections 1951 and 2.
Racketeering Act Seventeen: Extortion Of Contractor-4
49. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Seventeen:
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Conspiracy To Commit Extortion
a. From in or about 1999, up through and
including in or about November 2001, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR. and JAMES DELIO,
a/k/a "Jamie," the defendants, and others known and unknown,
unlawfully, willfully, and knowingly combined, conspired,
confederated, and agreed together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another person, to wit, a taping
contractor ("Contractor-4"), which consent would have been, and
was, induced by the wrongful use of actual and threatened force,
violence and fear, and thereby would and did obstruct, delay and
affect commerce, and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), to wit, MOSCATIELLO, SR. and JAMES
DELIO agreed to use fear of economic harm to force Contractor-4
to make weekly payments to MOSCATIELLO, SR., in violation of
Title 18, United States Code, Section 1951.
Extortion
b. From in or about 1999, up through and
including in or about November 2001, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR. and JAMES DELIO,
a/k/a "Jamie," the defendants, and others known and unknown,
73
unlawfully, willfully, and knowingly committed and attempted to
commit extortion, as that term is defined in Title 18, United
States Code, Section 1951(b)(2), by obtaining money and property
from and with the consent of another person, to wit, Contractor-
4, which consent would have been, and was, induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby would and did obstruct, delay, and affect commerce,
and the movement of articles and commodities in commerce, as that
term is defined in Title 18, United States Code, Section
1951(b)(3), to wit, MOSCATIELLO, SR. and JAMES DELIO used and
attempted to use fear of economic harm to force Contractor-4 to
make weekly payments to MOSCATIELLO, SR., in violation of Title
18, United States Code, Sections 1951 and 2.
Racketeering Act Eighteen: Labor Racketeering Regarding Local
530 and Contractor-4
50. The defendant named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Eighteen:
Employee Benefit Plan Embezzlement
a. In or about 2000, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., the defendant,
and others known and unknown, unlawfully, willfully, and
knowingly did embezzle, steal, abstract, and convert to their own
use, and to the use of another, moneys, funds, securities,
premiums, credits, property, and other assets of "an employee
74
welfare benefit plan or employee pension benefit plan," as that
term is defined in Title 18, United States Code, Section 664, and
of a fund connected therewith, to wit, MOSCATIELLO, SR.
participated in a scheme whereby MOSCATIELLO, SR. and John
Campanella, Jr. used their influence over Local 530 to reduce an
approximately $77,800 debt owed by Contractor-4 to the Local 530
Benefit Funds to approximately $35,000, in violation of Title 18,
United States Code, Sections 664 and 2.
Mail Fraud
b. In or about 2000, in the Southern District of
New York and elsewhere, LOUIS MOSCATIELLO, SR., the defendant,
and others known and unknown, having devised and intending to
devise a scheme and artifice to defraud and for obtaining money
and property by means of false and fraudulent pretenses,
representations, and promises, for the purpose of executing such
scheme and artifice and attempting so to do, unlawfully,
willfully, and knowingly did place in a post office and
authorized depository for mail matter, matters and things to be
sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, MOSCATIELLO, SR.
participated in a scheme whereby MOSCATIELLO, SR. and John
Campanella, Jr. used their influence over Local 530 to reduce an
75
approximately $77,800 debt owed by Contractor-4 to the Local 530
Benefit Funds to approximately $35,000, in violation of Title 18,
United States Code, Sections 1341, 1346 and 2.
Racketeering Act Nineteen: Unlawful Labor Payments By
Contractor-4 To CARMINE MINGOIA
51. From in or about December 1998, up through and
including in or about December 2000, in the Southern District of
New York and elsewhere, CARMINE MINGOIA, the defendant,
unlawfully, willfully, and knowingly, being an officer and
employee of a labor organization which represented, sought to
represent, and did admit to membership the employees of employers
who were employed in an industry affecting commerce, did request,
demand, receive, and accept, and agree to receive and accept, a
payment, loan, and delivery of money and other thing of value,
from an employer and persons acting in the interest of such an
employer, to wit, MINGOIA improperly received cash payments from
Contractor-4, whose firm that had signed a CBA with Local 530, in
violation of Title 29, United States Code, Section 186(a)(2), and
Title 18, United States Code, Section 2.
Racketeering Act Twenty: Labor Racketeering Regarding Local 530
and Contractor-5
52. The defendant named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Twenty:
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Conspiracy To Commit Extortion
a. In or about 1996, in the Southern District of
New York and elsewhere, CARMINE MINGOIA, the defendant, and
others known and unknown, unlawfully, willfully, and knowingly
combined, conspired, confederated, and agreed together and with
each other to commit extortion, as that term is defined in Title
18, United States Code, Section 1951(b)(2), by obtaining money
and property from and with the consent of another person, to wit,
a taping contractor ("Contractor-5"), which consent would have
been, and was, induced by the wrongful use of actual and
threatened force, violence and fear, and thereby would and did
obstruct, delay and affect commerce, and the movement or articles
and commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), to wit, MINGOIA agreed
with an individual not named as a defendant herein to use fear of
economic harm to compel Contractor-5 to make a cash payment to
MINGOIA, in violation of Title 18, United States Code, Section
1951.
Extortion
b. In or about 1996, in the Southern District of
New York and elsewhere, CARMINE MINGOIA, the defendant, and
others known and unknown, unlawfully, willfully, and knowingly
committed and attempted to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
77
obtaining money and property from and with the consent of another
person, to wit, Contractor-5, which consent would have been, and
was, induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby would and did obstruct, delay,
and affect commerce, and the movement of articles and commodities
in commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), to wit, MINGOIA used and attempted to
use fear of economic harm to compel Contractor-5 to make a cash
payment to MINGOIA, in violation of Title 18, United States Code,
Sections 1951 and 2.
Unlawful Labor Payment
c. In or about 1996, in the Southern District of
New York and elsewhere, CARMINE MINGOIA, the defendant,
unlawfully, willfully, and knowingly, being an officer and
employee of a labor organization which represented, sought to
represent, and did admit to membership the employees of employers
who were employed in an industry affecting commerce, did request,
demand, receive, and accept, and agree to receive and accept, a
payment, loan, and delivery of money and other thing of value,
from an employer and persons acting in the interest of such an
employer, to wit, MINGOIA improperly received a cash payment from
Contractor-5, in violation of Title 29, United States Code,
Sections 186(a)(2), (b)(1) and (d)(2), and Title 18, United
States Code, Section 2.
78
New York State Bribe Receiving By A Labor Official
d. In or about 1996, in the Southern District of
New York and elsewhere, CARMINE MINGOIA, the defendant,
unlawfully, willfully, and knowingly committed the offense of
bribe receiving by a labor official, to wit, MINGOIA improperly
received a cash payment from Contractor-5, in exchange for which
MINGOIA agreed not to enforce the CBA at a jobsite on which
Contractor-5 was performing taping work, in violation of New York
State Penal Law Sections 180.10, 180.25 and 20.00.
Racketeering Act Twenty-One: Bid-Rigging Scheme -- Labor
Racketeering Regarding Local 530 And A Construction Project At
400 East 66th Street
53. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Twenty-One:
Mail Fraud
a. From in or about 2000, up through and
including in or about 2001, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., CARMINE MINGOIA, THOMAS
BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA, the
defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
79
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
be sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
participated in a scheme whereby, in exchange for cash payments
to MOSCATIELLO, SR., and MINGOIA, the defendants colluded in
submitting bids for a taping job from Contractor-1 at 400 East
66th Street, New York, New York, which bid was awarded to, and
job performed by, MENDOZA, and MOSCATIELLO, SR. and MINGOIA used
their influence over Local 530 and the Local 530 Benefit Funds to
allow MENDOZA to violate the terms of the CBA at a construction
project at the 400 East 66th Street jobsite by, among other
things, paying workers off-the-books, employing non-union
workers, not paying workers union-scale wages, and
misrepresenting the number of workers on reports submitted to
Local 530 and the Local 530 Benefit Funds pursuant to the CBA, in
order to fraudulently obtain money and property consisting of (i)
economic benefits such as wages and employee benefit credits to
which union members were entitled under the CBA; (ii)
contributions which the Local 530 Benefit Funds and other unionaffiliated
funds were entitled to receive under the CBA; (iii)
monies collected from real estate developers, owners,
80
contractors, and others as payment for wages and employee benefit
contributions which MENDOZA was obligated to, but in fact did
not, pay under the CBA; and (iv) monies which Local 530 would
have collected as membership dues and agency shop fees under the
CBA, had the CBA not been violated at the 400 East 66th Street
jobsite, in violation of Title 18, United States Code, Sections
1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about 2000, up through and
including in or about 2001, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., CARMINE MINGOIA, THOMAS
BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did embezzle, steal, abstract, and convert to their
own use, and to the use of another, moneys, funds, securities,
premiums, credits, property, and other assets of "an employee
welfare benefit plan or employee pension benefit plan," as that
term is defined in Title 18, United States Code, Section 664, and
of a fund connected therewith, to wit, the defendants
participated in a scheme whereby, in exchange for cash payments
to MOSCATIELLO, SR. and MINGOIA, the defendants colluded in
submitting bids for a taping job from Contractor-1 at 400 East
66th Street, New York, New York, which bid was awarded to, and
the job performed by, MENDOZA, and MOSCATIELLO, SR. and MINGOIA
81
thereafter used their influence over Local 530 to allow MENDOZA
to violate the terms of the CBA at the 400 East 66th Street
jobsite by, among other things, not making contributions to the
Local 530 Benefit Funds, in violation of Title 18, United States
Code, Sections 664 and 2.
Mail Fraud
c. From in or about 2000, up through and
including in or about 2001, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., CARMINE MINGOIA, THOMAS
BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA, the
defendants, the defendant, and others known and unknown, having
devised and intending to devise a scheme and artifice to defraud
and for obtaining money and property by means of false and
fraudulent pretenses, representations, and promises, for the
purpose of executing such scheme and artifice and attempting so
to do, unlawfully, willfully, and knowingly did place in a post
office and authorized depository for mail matter, matters and
things to be sent and delivered by the Postal Service, and caused
to be delivered by mail according to the direction thereon, and
at the place it was directed to be delivered by the person to
whom it was addressed, such matters and things, to wit, the
defendants participated in a scheme whereby the members of Local
530 were deprived of the intangible right of honest services of
Local 530’s officials, who acted at the direction of members and
82
associates of the Genovese Organized Crime Family in connection
with the enforcement of the CBA between MENDOZA and Local 530 on
a jobsite at 400 East 66th Street, New York, New York, at which
MENDOZA was performing taping work, in violation of Title 18,
United States Code, Sections 1341, 1346 and 2.
Racketeering Act Twenty-Two: Bid-Rigging Scheme -- Labor
Racketeering Regarding Local 530 And A Construction Project At
252 West 95th Street
54. The defendants named below committed the following
acts of racketeering, any one of which alone constitutes the
commission of Racketeering Act Twenty-Two:
Mail Fraud
a. From in or about 2000, up through and
including in or about 2001, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., CARMINE MINGOIA, THOMAS
BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA, the
defendants, and others known and unknown, having devised and
intending to devise a scheme and artifice to defraud and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting so to do,
unlawfully, willfully, and knowingly did place in a post office
and authorized depository for mail matter, matters and things to
be sent and delivered by the Postal Service, and caused to be
delivered by mail according to the direction thereon, and at the
83
place it was directed to be delivered by the person to whom it
was addressed, such matters and things, to wit, the defendants
participated in a scheme whereby, in exchange for cash payments
to MOSCATIELLO, SR., and MINGOIA, the defendants colluded in
submitting bids for a taping job from Contractor-1 at 252 West
95th Street, New York, New York, which bid was awarded to, and
job performed by, MENDOZA, and MOSCATIELLO, SR. and MINGOIA used
their influence over Local 530 and the Local 530 Benefit Funds to
allow MENDOZA to violate the terms of the CBA at a construction
project at the 252 West 95th Street jobsite by, among other
things, paying workers off-the-books, employing non-union
workers, not paying workers union-scale wages, and
misrepresenting the number of workers on reports submitted to
Local 530 and the Local 530 Benefit Funds pursuant to the CBA, in
order to fraudulently obtain money and property consisting of (i)
economic benefits such as wages and employee benefit credits to
which union members were entitled under the CBA; (ii)
contributions which the Local 530 Benefit Funds and other unionaffiliated
funds were entitled to receive under the CBA; (iii)
monies collected from real estate developers, owners,
contractors, and others as payment for wages and employee benefit
contributions which MENDOZA was obligated to, but in fact did
not, pay under the CBA; and (iv) monies which Local 530 would
have collected as membership dues and agency shop fees under the
84
CBA, had the CBA not been violated at the 252 West 95th Street
jobsite, in violation of Title 18, United States Code, Sections
1341 and 2.
Employee Benefit Plan Embezzlement
b. From in or about 2000, up through and
including in or about 2001, in the Southern District of New York
and elsewhere, LOUIS MOSCATIELLO, SR., CARMINE MINGOIA, THOMAS
BOVE, FRANK MALANGONE, a/k/a "Butch," and FRED MENDOZA, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did embezzle, steal, abstract, and convert to their
own use, and to the use of another, moneys, funds, securities,
premi