NOTES ON MICHAEL PAGANO, JR.

Michael Pagano, Jr. is the former Business Manager of Mason Tenders Union Local 104. He succeeded his uncle Anthony Pagano, Jr. who in turn was preceded by another uncle, Sam Pagano, 1964-1970 and his grandfather, Anthony Pagano, Sr. who was the Business Manager from the mid-1920's until 1964. Pagano's father, Michael, Sr. was also an officer of Local 104 as well as an International Representative working out of LIUNA's New York Regional office. Michael Pagano, Sr. died of heart failure in 1980.

According to the deposition given to U.S. Attorney Allan Taffet by former MTDC President, Frank Lupo, on August 10th, 1994, Anthony Pagano, Jr. was affiliated with the Genovese Crime family through his associations with James Messera and Gaspar Lupo. Messera was paid as a Field Representative for Local 104. Lupo also refers to Local 104 as "his father's local" (p. 140).

On the previous day, August 9th, 1994, Lupo testified that Messera was responsible for controlling the Genovese family's interest at the MTDC and that at the time Frank Lupo replaced his father as President of the MTDC in June 1989, Michael Pagano was fully aware of the role Messera played at the MTDC (p, 52-53). In spite of this information, Michael Pagano never took any action to eliminate the grip of organized crime at either Local 104 or the MTDC (p. 131). Frank Lupo also claims that Pagano routinely shared with him in illegal pay-offs and kick-backs from various contractors between 1989 and 1992.

Although Michael Pagano, Jr. was originally charged by the United States Attorney's Office in New York in the civil RICO suit issued by Allan Taffet, on September 8, 1994(94 CIV. 6487), he not only remains a member of the union, but currently holds the positions of Assistant Director of the LIUNA. New York State Laborers'-Employers' Cooperation and Education Trust Fund, and Assistant Director of the LIUNA, New York State Health and Safety Trust Fund.

In that original RICO civil suit, Pagano was accused of at least three violations of Title 29, United States Code, Section 186 (b) and (d), unlawfully, knowingly and willfully receiving, agreeing to receive and accepting payments and the delivery of money ard things of value while an officer of Local 104. In addition to his role as Business Manager of Local 104, Mr Pagano was also the Business Manager of the Mason Tenders District Council, and a Trustee of the Mason Tenders District Council Fringe Benefit Funds.

As a Union Trustee, Pagano exercised discretionary authority and control with respect to management of the Trust Funds and all of its assets, and is a fiducary with respect to the Trust Funds persuant to ERISA 3 (21), 29 U.S.C. 1002 (21)
 

On page 112 of the RICO civil suit, Taffet called for the removal of Michael Pagano as a Union Trustee and urged that Pagano be permanently enjoined from serving as trustee, fiduciary, service provider, employee, consultant or advisor to any employee benefit plan. Yet in spite of the above information, Pagano was selected by LIUNA Trustee Steve Hammond to be the head of the newly created Laborers Local 79, in the summer of 1995. This appointment was blocked only through the intervention of the Investigation Officer, Michael Chertoff, and his deputy, Hugh Burns. Mr. Burns confirmed this to Lawrence Giardina and Joseph M. Giardina at an informal meeting on May 29, 1998.
 

Laborers for JUSTICE© 1997-2005 All Rights reserved. Not for republication on the internet without permission. 
Jim McGough, Director
6304 N Francisco Av.
Chicago, Il 60659
773-878-1002 (tel)
773-409-1503 (eFax number)
laborers@comcast.net