CORE TERMS: temporary, consent
decree, appointed, new evidence, corruption, reputation, conspiracy,
extortion, ongoing, renew
COUNSEL: [*1]
ANDREW J. MALONEY, United States Attorney, Eastern District of New York,
(Pamela R. Perron, Thomas A. Carr, Varuni Nelson, of counsel) Brooklyn, New
York, for plaintiff.
GORDON, HURWITZ, BUTOWSKY, WEITZEN, SHALOV & WEIN, (Victor Rocco, Lawrence
Zweifach, of counsel) New York, New York, for defendants Local 295 of the
International Brotherhood of TEamsters and Executive Board of Local 295 of
the International Brotherhood of Teamsters.
IRA DROGIN, Esq., New York, New York, for defendants Local 295 of the
International Brotherhood of Teamsters and Executive Board of Local 295 of
the International Brotherhood of Teamster.
GOLDMAN & HAFETZ, (Frederick P. Hafetz, Edward R. Harris, of counsel) New
York, New York, for defendants Local 851 of the International Brotherhood of
Teamsters and Executive Board of Local 851 of the International Brotherhood
of Teamster.
PAT V. STISO, Esq., Bronx, New York, for defendants Frank Manzo an Leone
Manzo.
SHAW, LICITRA, ESERNIO & SCHWARTZ, (J. Stanley Shaw, of counsel) Garden
City, New York, for defendants Harry Davidoff and Mark Davidoff.
STILLMAN, FRIEDMAN & SHAW, (Charles A. Stillman, Stephanie Present-Podolak,
of counsel) New York, New York, for defendant
[*2] Sharron Moskowitz.
ROBERT D. FOGLIA, Esq., Ridgewood, New Jersey, for defendant Sharron
Moskowitz.
NANCY SIANO, defendant pro se.
FRANK CALISE, defendant pro se.
MICHAEL B. POLLACK, Esq., New York, New York, for defendant Anthony Calagna.
SIMON & MILLER, (Herbert Simon, of counsel) for defendants Michael
Urso-Pernice and Robert Reinhardt).
SUTTER, MARTEN & LAWRENCE, (John Joseph Sutter, of counsel) Mineola, New
York, for defendant Richard Schroder.
RICHARD REHBOCK, Esq., New York, New York, for defendants Anthony Guerrieri,
Thomas Greco, and Carmelo Amato.
JUDGES: Eugene H. Nickerson, United States District Judge.
OPINIONBY: NICKERSON
OPINION: MEMORANDUM AND ORDER
In a Memorandum and Order dated March 7, 1991, familiarity with which is
assumed, this court denied plaintiff's motion for partial summary judgment
with respect to Local 295. Plaintiff renews that motion based on new
evidence and seeks the appointment of a trustee to run Local 295.
The government relies on the following new evidence. In January of this
year, Anthony Calagna, president of Local 295 from 1986 until 1991, was
convicted of extortion and conspiracy to extort money from P.C. Delivery
Services which continued through December, 1987.
[*3]
At sentencing, the court found the defendant to be a member of Organized
Crime. Plaintiff has submitted evidence showing that the defendant
associated with other members of Organized Crime, that he served as
president of Local 295 at the behest of members of Organized Crime, and that
he was aided and abetted by other members of the Local 295 Executive Board.
In June of this year, Carmelo Amato, a former shop steward of Local 295,
pled guilty to a separate extortion conspiracy which continued through July,
1989.
On June 14 of this year, Judge Lacey, the Independent Administrator of the
International Brotherhood of Teamsters (Teamsters) appointed as a result of
a consent decree in a separate action before Judge Edelstein, issued a
fifty-four page decision detailing the ongoing corruption in Local 295.
Judge Lacey said that "in my two years as Independent Administrator, I have
seen few IBT Locals with the sullied reputation associated with Local 295, a
reputation richly deserved, as reflected by the record in this case."
Shortly thereafter, Judge Lacey removed all but one member of the Local 295
Executive Board and appointed a temporary trustee to run the Local. Pursuant
to the consent
[*4] decree, the temporary trustee was appointed
from within the Teamsters.
Plaintiff contends that a trustee should be appointed from outside the
Teamsters and that the temporary trustee's term of service will be limited
by the consent decree.
The court adopts Judge Lacey's conclusions concerning the ongoing corruption
in Local 295 and assumes that Judge Lacey has found a competent individual
to act as temporary trustee. As a preliminary matter, it makes eminent sense
for the problems of Local 295 to be addressed by an individual from within
the Teamsters.
At the same time, the court is cognizant that the terms of the consent
decree may effectively limit the ability of the temporary trustee to address
Local 295's problems. Plaintiff may renew its motion at a future time if the
temporary trustee arrangement proves inadequate.
The court denies the motion.
So ordered.