DOJ press Releases and Indictments of Cacace and organized crime figures involved with Operating Engineers Union

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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S U P E R S E D I N G
UNITED STATES OF AMERICA	I N D I C T M E N T

 

- against ­THOMAS P. MCGUIRE,also known as “Thomas Maguire,”THOMAS G. MCNAMARA, also known as “Tommy Mac,”DANIEL J. MURPHY and ANTHONY QUARANTA, Defendants.	Cr. No. 03-191 (S-6) (SJ) (T. 18, U.S.C., §§ 371, 1341, 1962(c), 1962(d), 1963, 2, 981(a)(1)(C) and 3551 et seq.; T. 21, U.S.C., § 853; T. 26, U.S.C., § 7206(1);T. 28, U.S.C., § 2461(c);T. 29, U.S.C., §§ 186(a)(1),186(b)(1) and 186(d)(2))
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THE GRAND JURY CHARGES:

At all times relevant to this superseding indictment, unless otherwise indicated:
The International Union of Operating Engineers

1.              The International Union of Operating Engineers (the “Union”), with headquarters in Washington, D.C., had approximately 400,000 members in 170 local unions throughout the United States and Canada. The Union, which was affiliated with the AFL-CIO, represented, among others, operating engineers who worked as heavy equipment operators, mechanics and surveyors in the construction industry.

 

2.               Local Union 14-14B of the Union (“Local 14") and Locals 15, 15A, 15B, 15C, 15D of the Union (“Local 15") were constituent locals of the Union. Local 14 and Local 15  represented operating engineers in Manhattan, Bronx, Brooklyn, Queens and Staten Island, New York, who performed work at various construction sites in the New York City area (“Job Sites”).

 

3.              Locals 14 and 15 each had benefit trust funds for its members. The Local 14 funds included the Operating Engineers Local 14 and 14B Annuity Fund, the Operating Engineers Local 14and 14B Pension Fund and the Operating Engineers Local 14 and 14BWelfare Fund (the “Local 14 Plans”). The Local 15 funds included the Annuity Fund of the International Union of Operating Engineers, Local Unions 15, 15A, 15B, 15C, 15D, AFL-CIO; the Pension Fund of the International Union of Operating Engineers, Local Unions 15, 15A, 15B, 15C, 15D, AFL-CIO; the Welfare Fund of the International Union of Operating Engineers, Local Unions 15,15A, 15B, 15C, 15D, AFL-CIO; and the Vacation Fund of the International Union of Operating Engineers, Local Unions 15, 15A,15B, 15C, 15D, AFL-CIO (the “Vacation Fund of Local 15")(collectively, the “Local 15 Plans”).

Local 15

4.               Local 15 members elected certain officers  ,including a Business Manager. Local 15 members were also represented by Business Agents, who were appointed by the Business Manager. Each Business Agent had responsibility for overseeing Local 15's business in separate geographic areas of greater New York City. Among other duties, the Business Agents ensured contractors’ compliance with collective bargaining agreements. Local 15 employed and paid a salary to each person employed as a Business Manager or Business Agent.

5.              Local 15 designated “Maintenance Foremen” to oversee certain Job Sites as they affected Local 15 members. In that capacity, Maintenance Foremen acted as representatives of Local 15's members.

The Local 15 Enterprise

6.              Local 15 constituted an “enterprise” as defined by Title 18, United States Code, Section 1961(4) (the “Local 15 Enterprise”). The Local 15 Enterprise operated in the Eastern District of New York and elsewhere.

The Defendants

7.              At various times relevant to this superseding indictment, the defendant THOMAS P. MCGUIRE, also known as “Thomas Maguire,” was the Business Manager of Local 15. In that capacity, he acted as a representative of Local 15's members.

8.              At various times relevant to this superseding indictment, the defendants THOMAS G. MCNAMARA, also known as “Tommy Mac,” and DANIEL J. MURPHY were Business Agents, or “delegates,” of Local 15. In that capacity, MCNAMARA and MURPHY  acted as representatives of Local 15's members.

9.              At various times relevant to this superseding indictment, the defendant ANTHONY QUARANTA was a member of Local 15. At certain Job Sites, QUARANTA was a Maintenance Foreman.  In that capacity, he acted as a representative of Local 15's members.

10.          The defendants participated in the operation and management of the Local 15 Enterprise in order to, among other things, make money illicitly through the commission of crimes, including unlawful labor payments and mail fraud.

 

COUNT ONE
(Racketeering)

11.         The allegations in paragraphs 1 through 10 are  realleged and incorporated as if fully set forth in this paragraph.

12.         In or about and between December 1989 and November 2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants THOMAS P. MCGUIRE, also known as “Thomas Maguire,” THOMAS G. MCNAMARA, also known as “Tommy Mac,” and DANIEL J. MURPHY, together with others, being persons employed by and associated with the Local 15 Enterprise, an enterprise that engaged in, and the activities of which affected, interstate commerce, knowingly and intentionally conducted and participated, directly and indirectly, in the conduct of the affairs of that enterprise through a pattern of racketeering activity, as defined in Title 18, United States Code, Sections 1961(1) and 1961(5), consisting of the racketeering acts set forth below.

RACKETEERING ACT ONE
(Mail Fraud – Local 15 Jobs)

 

13.         The defendant named below committed the following  acts, any one of which alone constitutes racketeering act one.

14.         In or about and between November 1998 and November 2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant DANIEL J. MURPHY, together with others, knowingly and intentionally devised a scheme and artifice to defraud contractors, real estate
holders and developers, and to obtain money and property, to wit:  money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises.

15.         It was part of the scheme and artifice that the defendant DANIEL J. MURPHY, together with others, would and did submit and cause to be submitted false information regarding hours worked to contractors, claiming that certain hours had been worked by a member of Local 15 who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 15 Plans in the name of that member.

16.         For the purpose of executing the scheme and artifice, the defendant DANIEL J. MURPHY, together with others, did place and caused to be placed in authorized depositories for mail matter to be delivered by the United States Postal Service the following items of mail matter, among others, in violation of

 

Title 18, United States Code, Sections 1341 and 2:

 

Racketeering Act	Approximate Date of Mailing	Description	Sender
1A	May 13, 1999	Coconspirator’s Vacation Check	Vacation Fund of Local 15
1B	August 5, 1999	Conspirator’s Vacation Check	Vacation Fund of Local 15
1C	December 30, 1999	Conspirator’s Vacation Check	Vacation Fund of Local 15
1D	April 28, 2000	Conspirator’s Vacation Check	Vacation Fund of Local 15
1E	September 14, 2000	Conspirator’s Vacation Check	Vacation Fund of Local 15
1F	January 11, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
1G	July 6, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
1H	December 21, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
1I	April 25, 2002	Conspirator’s Vacation Check	Vacation Fund of Local 15
1J	August 7, 2002	Conspirator’s Vacation Check	Vacation Fund of Local 15

 

RACKETEERING ACT TWO
(Oceana Condos Job Site)

17.         The defendant named below committed the following acts, either one of which alone constitutes racketeering act two.

A.   Unlawful Labor Payments

18.         In or about and between April 2000 and November 2001, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA, together with others, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in an amount in excess of $1,000 to representatives of employees who were members of Local 14 and Local 15 and were then employed in an industry affecting commerce, from employers at the Oceana Condos Job Site and from persons who acted in the interest of said employers of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2.

B.   Mail Fraud

19.         In or about and between April 2000 and November 2001, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant THOMAS G. MCNAMARA, together with others, knowingly and intentionally devised a scheme and artifice to defraud contractors, real estate holders and developers, and to obtain money and property, to wit: money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises.

20.          It was part of the scheme and artifice that the defendant THOMAS G. MCNAMARA, together with others, would and did submit and cause to be submitted false information regarding hours worked to a contractor, to wit: Muss Development, Inc., in connection with the Oceana Condos Job Site, claiming that certain hours had been worked by certain Local 14 and Local 15 members who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 14 Plans and the Local 15 Plans in the names of those members.

21.          For the purpose of executing the scheme and artifice, the defendant THOMAS G. MCNAMARA, together with others, did place and caused to be placed in authorized depositories for mail matter to be delivered by the United States Postal Service an item of mail matter, to wit: a vacation check for a coconspirator from the Vacation Fund of Local 15, mailed on or about November 21, 2001, in violation of Title 18, United States Code, Sections 1341 and 2.

 

RACKETEERING ACT THREE
(Brooklyn General Post Office Job Site)

 

22.         The defendant named below committed the following acts, either one of which alone constitutes racketeering act three.

 

A. Unlawful Labor Payments

23.         In or about and between July 2000 and August 2002, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA, together with others, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in an amount in excess of $1,000 to representatives of employees who were members of Local 14 and Local 15 and were then employed in an industry affecting commerce, from employers at the Brooklyn General Post Office Job Site and from persons who acted in the interest of said employers of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2. 

B. Mail Fraud

24.         In or about and between July 2000 and August 2002, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA, together with others, knowingly and intentionally devised a scheme and artifice to defraud contractors, real estate holders and developers, and to obtain money and property, to wit: money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises.

25.         It was part of the scheme and artifice that the defendant THOMAS G. MCNAMARA, together with others, would and did submit and cause to be submitted false information regarding hours worked to a contractor, to wit: J.A. Jones GMO LLC, in connection with the Brooklyn General Post Office Job Site, claiming that certain hours had been worked by certain Local 14 and Local 15 members who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 14 Plans and the Local 15 Plans in the names of those members.

26.         For the purpose of executing the scheme and
artifice, the defendant THOMAS G. MCNAMARA, together with others, did place and caused to be placed in authorized depositories for mail matter to be delivered by the United States Postal Service the following items of mail matter, among others, in violation of Title 18, United States Code, Sections 1341 and 2:

 

Racketeering Act	Approximate Date of Mailing	Description	Sender
3B-1	December 12, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
3B-2	April 3, 2002	Conspirator’s Vacation Check	Vacation Fund of Local 15

 

RACKETEERING ACT FOUR
(Staten Island Yankee Stadium Job Site)

27.         The defendant named below committed the following acts, either one of which alone constitutes racketeering act four.

A. Unlawful Labor Payments

28.         In or about and between March 2000 and December 2001, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant THOMAS G. MCNAMARA, together with others, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in an amount in excess of $1,000 to representatives of employees who were members of Local 14 and Local 15 and were then employed in an industry affecting commerce, from employers at the Staten Island Yankee Stadium Job Site and from persons who acted in the interest of said employers of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2. 

B. Mail Fraud

29.         In or about and between March 2000 and December 2001, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant THOMAS G. MCNAMARA, together with others, knowingly and intentionally devised a scheme and artifice to defraud contractors, real estate holders and developers, and to obtain money and property, to wit: money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises.

30.          It was part of the scheme and artifice that the defendant THOMAS G. MCNAMARA, together with others, would and did submit and cause to be submitted false information regarding hours worked to contractors, to wit: Interstate Industrial and D. Gangi Contracting Corporation, in connection with the Staten Island Yankee Stadium Job Site, claiming that certain hours had been worked by certain Local 14 and Local 15 members who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 14 Plans and the Local 15 Plans in the names of those members.

31.         For the purpose of executing the scheme and artifice, the defendant THOMAS G. MCNAMARA, together with others, did place and caused to be placed in authorized depositories for mail matter to be delivered by the United States Postal Service the following items of mail matter, among others, in violation of Title 18, United States Code, Sections 1341 and 2:

 

RacketeeringAct	Approximate Dateof Mailing	Description	Sender
4B-1	December 27, 2000	Conspirator’s Vacation Check	Vacation Fund of Local 15
4B-2	January 10, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
4B-3	April 10, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
4B-4	August 7, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15

 

RACKETEERING ACT FIVE

(P.S. 58 Staten Island Job Site)

32.         The defendant named below committed the following acts, either one of which alone constitutes racketeering act five.

A. Unlawful Labor Payments

33.         On or about and between December 4, 2000 and April 3, 2002, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA,  together with others, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in an amount in excess of $1,000 to representatives of employees who were members of Local 14 and Local 15 and were then employed in an industry affecting commerce, from employers at the P.S. 58 Staten Island Job Site and from persons who acted in the interest of said employers of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2.

B. Mail Fraud

34.         On or about and between December 4, 2000 and April 3, 2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant THOMAS G. MCNAMARA, together with others, knowingly and intentionally devised a scheme and artifice to defraud contractors, real estate holders and developers, and to obtain money and property, to wit: money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises.

35.          It was part of the scheme and artifice that the defendant THOMAS G. MCNAMARA, together with others, would and did submit and cause to be submitted false information regarding hours worked to contractors, to wit: New York Concrete Corp. and DeMatteis Construction Corp., in connection with the P.S. 58 Staten Island Job Site, claiming that certain hours had been worked by certain Local 14 and Local 15 members who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 14 Plans and Local 15 Plans in the names of those members.

36.         For the purpose of executing the scheme and artifice, the defendant THOMAS G. MCNAMARA, together with others, did place and caused to be placed in authorized depositories for mail matter to be delivered by the United States Postal Service the following items of mail matter, among others, in violation of Title 18, United States Code, Sections 1341 and 2:

 

RacketeeringAct	Approx. Dateof Mailing	Description	Sender
5B-1	January 31, 2001	Daily Sign Out LogMail Certification	DeMatteis Constr. Corp.
5B-2	March 1, 2001	Daily Sign Out LogMail Certification	DeMatteis Constr. Corp.
5B-3	April 10, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
5B-4	April 19, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
5B-5	May 29, 2001	Daily Sign Out LogMail Certification	DeMatteis Constr. Corp.
5B-6	July 11, 2001	Daily Sign Out LogMail Certification	DeMatteis Constr. Corp.
5B-7	July 16, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
5B-8	December 12, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
5B-9	April 3, 2002	Conspirator’s Vacation Check	Vacation Fund of Local 15

 

RACKETEERING ACT SIX
(Unlawful Labor Payments: Company 1)

37.         The defendant named below committed the following acts, either one of which alone constitutes racketeering act six.

A. Unlawful Labor Payments

38.         In or about and between Spring 2001 and November 2002, both dates being approximate and inclusive, within the Eastern District of New York, the defendant DANIEL J. MURPHY, being a representative of employees, who were members of Local 15 and were then employed in an industry affecting commerce, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in excess of $1,000 from an employer, to wit: Company 1, the identity of which is known to the grand jury, and from a person who acted in the interest of said employer of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2.

B. Receipt of Labor Bribes

39.          In or about and between Spring 2001 and November 2002, both dates being approximate and inclusive, within the Eastern District of New York, the defendant DANIEL J. MURPHY, being a labor official, knowingly and intentionally accepted benefits from another person upon an agreement and understanding that such benefits would influence him in respect to his acts, decisions and duties as a labor official, in violation of New York Penal Law Section 180.25.

                        RACKETEERING ACT SEVEN
(Unlawful Labor Payments: E.G. Clemente Contracting Corp.)

 

40.         The defendants named below committed the following acts, either one of which alone constitutes racketeering act seven.

 

A. Unlawful Labor Payments

41.         In or about and between December 1989 and December 2001, both dates being approximate and inclusive, within the Eastern District of New York, the defendants THOMAS P. MCGUIRE, THOMAS G. MCNAMARA and DANIEL J. MURPHY, being representatives of employees, who were members of Local 15 and were then employed in an industry affecting commerce, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in excess of $1,000 from an employer, to wit: E.G. Clemente Contracting Corp., and from a person who acted in the interest of said employer of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2.

B. Receipt of Labor Bribes

RACKETEERING ACT EIGHT
(Unlawful Labor Payments: Company 2)

43.              The defendants named below committed the following acts, either one of which alone constitutes racketeering act eight.

A. Unlawful Labor Payments

44.              In or about and between June 1993 and December 2001, both dates being approximate and inclusive, within the Eastern District of New York, the defendants THOMAS P. MCGUIRE, THOMAS G. MCNAMARA and DANIEL J. MURPHY, being representatives of employees, who were members of Local 15 and were then employed in an industry affecting commerce, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in excess of $1,000 from an employer, to wit: Company 2, the identity of which is known to the grand jury, and from a person who acted in the interest of said employer of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2.

B. Receipt of Labor Bribes

45.              In or about and between June 1993 and December 2001, both dates being approximate and inclusive, within the Eastern District of New York, the defendants THOMAS P. MCGUIRE, THOMAS G. MCNAMARA and DANIEL J. MURPHY, being labor officials, knowingly and intentionally accepted benefits from another person upon an agreement and understanding that such benefits would influence them in respect to their acts, decisions and duties as labor officials, in violation of New York Penal Law Section 180.25.

RACKETEERING ACT NINE
(Unlawful Labor Payments: Company 3)

46.              The defendant named below committed the following acts, either one of which alone constitutes racketeering act nine.

A. Unlawful Labor Payments

47.              In or about and between December 1992 and December 2001, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA, being a representative of employees, who were members of Local 15 and were then employed in an industry affecting commerce, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in excess of $1,000 from an employer, to wit: Company 3, the identity of which is known to the grand jury, and from a person who acted in the interest of said employer of the employees, in violation of Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2) and Title 18, United States Code, Section 2.

B. Receipt of Labor Bribes

48.               In or about and between December 1992 and December 2001, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA, being a labor official, knowingly and intentionally accepted benefits from another person upon an agreement and understanding that such benefits would influence him in respect to his acts, decisions and duties as a labor official, in violation of New York Penal Law Section 180.25. (Title 18, United States Code, Sections 1962(c), 1963  and 3551 et seq.)

COUNT TWO
(Racketeering Conspiracy)

49.              The allegations in paragraphs 1 through 10 are realleged and incorporated as if fully set forth in this paragraph.

50.              In or about and between December 1989 and November
2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendants THOMAS P. MCGUIRE, also known as “Thomas Maguire,” THOMAS G. MCNAMARA and DANIEL J. MURPHY, together with others, being persons employed by and associated with the Local 15 Enterprise, an enterprise that engaged in, and the activities of which affected, interstate commerce, knowingly and intentionally conspired to violate Title 18, United States Code, Section 1962(c), that is,to conduct and participate, directly and indirectly, in the conduct of the affairs of that enterprise through a pattern of racketeering activity, as defined in Title 18, United States Code, Sections 1961(1) and 1961(5).

51.         The pattern of racketeering activity through which the above-named defendants agreed to conduct the affairs of the enterprise consisted of acts set forth in paragraphs 13 through 48 of Count One, as Racketeering Acts 1 through 9, which are realleged and incorporated as if fully set forth in this paragraph. Each defendant agreed that a conspirator would commit at least two of these racketeering acts in the conduct of the affairs of the enterprise.

(Title 18, United States Code, Sections 1962(d), 1963 and 3551 et seq.)

 

COUNT THREE
(Mail Fraud Conspiracy – Local 15 Jobs)

52.         The allegations in paragraphs 1 through 10 are realleged and incorporated as if fully set forth in this paragraph.

53.         In or about and between November 1998 and November 2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant DANIEL J. MURPHY, together with others, knowingly and intentionally conspired to devise a scheme and artifice to defraud contractors, real estate holders and developers, and to obtain money and property, to wit: money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises, and, for the purpose of executing such scheme and artifice, to cause mail matter to be delivered by the United States Postal Service, in violation of Title 18, United States Code, Section 1341.

54.         It was part of the conspiracy that the defendant DANIEL J. MURPHY, together with others, would and did submit and cause to be submitted false information regarding hours worked to contractors, claiming that certain hours had been worked by a member of Local 15 who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 15 Plans in the name of that member.

55.         In furtherance of the conspiracy and to effect the objectives thereof, within the Eastern District of New York and elsewhere, the defendant DANIEL J. MURPHY, together with others, committed and caused to be committed, among others, the following:

 

OVERT ACTS

a.              On or about May 13, 1999, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

b.              On or about August 5, 1999, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

c.               On or about December 30, 1999, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

d.              On or about April 28, 2000, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

e.               On or about September 14, 2000, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

f.               On or about January 11, 2001, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

g.               On or about July 6, 2001, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

h.               On or about July 12, 2001, the defendant DANIEL J. MURPHY caused a facsimile containing information about a Local 15 member to be sent from the Union office in Flushing, New York.

i.               On or about December 21, 2001, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

j.               On or about April 25, 2002, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

k.               On or about August 7, 2002, the Vacation Fund of Local 15 in New York, New York mailed a vacation check to a Local 15 member.

 

 

(Title 18, United States Code,  Sections 371 and 3551 et seq.)

COUNTS FOUR THROUGH THIRTEEN
(Mail Fraud: Local 15 Member)

56                   The allegations in paragraphs 1 through 10 are realleged and incorporated as if fully set forth in this paragraph.

57                   In or about and between November 1998 and November 2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant DANIEL J. MURPHY, together with others, knowingly and intentionally devised a scheme and artifice to defraud contractors, real estate holders and developers, and to obtain money and property, to wit: money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises.

58                    It was part of the scheme and artifice that the defendant DANIEL J. MURPHY, together with others, would and did submit and cause to be submitted false information regarding hours worked to contractors, claiming that certain hours had been worked by a member of Local 15 who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 15 Plans in the name of that member.

59.                   For the purpose of executing the scheme and artifice, the defendant DANIEL J. MURPHY, together with others, did place and caused to be placed in authorized depositories for mail matter to be delivered by the United States Postal Service the following items of mail matter:

 

Count	Approximate Date of Mailing	Description	Sender
4	May 13, 1999	Conspirator’s Vacation Check	Vacation Fund of Local 15
5	August 5, 1999	Conspirator’s Vacation Check	Vacation Fund of Local 15
6	December 30, 1999	Conspirator’s Vacation Check	Vacation Fund of Local 15
7	April 28, 2000	Conspirator’s Vacation Check	Vacation Fund of Local 15
8	September 14, 2000	Conspirator’s Vacation Check	Vacation Fund of Local 15
9	January 11, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
10	July 6, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
11	December 21, 2001	Conspirator’s Vacation Check	Vacation Fund of Local 15
12	April 25, 2002	Conspirator’s Vacation Check	Vacation Fund of Local 15
13	August 7, 2002	Conspirator’s Vacation Check	Vacation Fund of Local 15

(Title 18, United States Code, Sections 1341, 2 and 3551 et seq.)

 

COUNT FOURTEEN
(Unlawful Labor Payments: Oceana Condos Job Site)

60                   The allegations in paragraphs 1 through 10 are realleged and incorporated as if fully set forth in this paragraph.

61.                   In or about and between April 2000 and November 2001, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA, also known as “Tommy Mac,” together with others, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in an amount in excess of $1,000 to representatives of employees who were members of Local 14 and Local 15 and were then employed in an industry affecting commerce, from employers at the Oceana Condos Job Site and from persons who acted in the interest of said employers of the employees.

 

(Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2); Title 18, United States Code, Sections 2 and 3551 et seq.)

COUNT FIFTEEN
(Mail Fraud: Oceana Condos Job Site)

62                   The allegations in paragraphs 1 through 10 are realleged and incorporated as if fully set forth in this paragraph.

63.                   In or about and between April 2000 and November 2001, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant THOMAS G. MCNAMARA, also known as “Tommy Mac,” together with others, knowingly and intentionally devised a scheme and artifice to defraud contractors, real estate holders and developers, and to obtain money and property, to wit: money paid as wages and contributions to benefit plans, from them by means of materially false and fraudulent pretenses, representations and promises.

64.                   It was part of the scheme and artifice that the defendant THOMAS G. MCNAMARA, also known as “Tommy Mac,” together with others, would and did submit and cause to be submitted false information regarding hours worked to contractors, to wit: Muss Development, Inc., in connection with the Oceana Condos Job Site, claiming that certain hours had been worked by certain Local 14 and Local 15 members who had, in fact, not worked those hours, in order fraudulently to obtain wages and contributions to the Local 14 Plans and the Local 15 Plans in the names of those members.

65.                   For the purpose of executing the scheme and artifice, the defendant THOMAS G. MCNAMARA, also known as “Tommy Mac,” together with others, did place and caused to be placed in authorized depositories for mail matter to be delivered by the United States Postal Service an item of mail matter, to wit: a coconspirator’s vacation check from the Vacation Fund of Local 15, on or about November 21, 2001.

              (Title 18, United States Code, Sections 1341, 2 and 3551 et seq.)

              COUNT SIXTEEN
(Unlawful Labor Payments: Brooklyn General Post Office Job Site)

 

66.                   The allegations in paragraphs 1 through 10 are realleged and incorporated as if fully set forth in this paragraph.

67                   In or about and between July 2000 and August 2002, both dates being approximate and inclusive, within the Eastern District of New York, the defendant THOMAS G. MCNAMARA, also known as “Tommy Mac,” together with others, knowingly and willfully requested, demanded, received and accepted and agreed to receive and accept payments and deliveries of money and other things of value in an amount in excess of $1,000 to representatives of employees who were members of Local 14 and Local 15 and were then employed in an industry affecting commerce, from employers at the Brooklyn General Post Office Job Site and from persons who acted in the interest of said employers of the employees.

(Title 29, United States Code, Sections 186(a)(1), 186(b)(1) and 186(d)(2); Title 18, United States Code, Sections 2 and 3551 et seq.)

COUNTS SEVENTEEN AND EIGHTEEN
(Mail Fraud: Brooklyn General Post Office Job Site)

68                   The allegations in paragraphs 1 through 10 are realleged and incorporated