The United States of America, plaintiff herein, by and through, James B. Burns, United States Attorney for the Northern District of Illinois, for its complaint herein, alleges as follows:

I
INTRODUCTION

1. This action is brought against the Laborers' International Union of North America, AFL-CIO (hereafter alternatively, "LIUNA" or "the union") and others to ensure that all entities within the union are rid of domination and influence by members and associates of organized crime. LIUNA has been infiltrated at all levels by corrupt individuals and organized crime figures who have exploited their control and influence over the union for personal gain and to the detriment of the union.

2. Various LIUNA union officers and employees at all levels, including the international headquarters, have been chosen, subject

1

to the approval of, and have been controlled by, various members and associates of organized crime. Consequently, the rights of the members of the union to control the affairs of the union have been systematically abused. Certain union members who opposed this corrupt state of affairs, either at the local, district council, regional or international levels, have been intimidated into silence by violence, threats of violence, economic coercion, and by the known ties of corrupt local, district, regional, and international officials of the union with organized crime.

3. The United States brings this suit for injunctive relief pursuant to the Racketeer Influenced and Corrupt Organizations statute (hereafter "RICO"), Title 18, United States Code, Sections 1961 through 1968, to put an end to this systemic, long-standing, and ongoing corruption within the

4. Jurisdiction in this action is predicated upon Title 18,United States Code, Section 1964(b) and Title 28, United States Code, Sections 1331, 134S, and 2201.

III
VENUE

5. Venue for this action is predicated upon Title 18, United States Code, Section 1965 and Title 28, United States Code, Section 1391(b).

2

6. The United States invokes the expanded service of process provisions of Title 18, United States Code, Section 1965(b).

7. Introduction: La Cosa Nostra (hereafter referred to alternatively as "the LCN," "the mafia," or The mob"), which name is based on a phrase which translates into English from the Italian language as "this thing of ours" or "our thing," is a nation wide criminal organization which operates in various cities throughout the United States. The LCN is composed of groups of men of Italian descent who are organized into units which are referred to as a "family," or, in the Italian language, "il borgata." A person becomes a member of an LCN family through a ceremony which is conducted in a manner designed to keep it, and the existence of the family, secret from persons who are not members of the LCN. Each family of La Cosa Nostra is headed by a "boss" who is assisted by an "underboss" and a "consigliere," or counselor. The family conducts its criminal activities through entities known as "crews. "A crew is headed and supervised by a person referred to variously as a "street boss," a "crew boss," a "caporegima," a "capodecina,"a "capo" or some other such name. (Such persons are here after referred to collectively as "capon," or individually as a "capo"). Each crew consists of formally inducted members of the family who are commonly referred to as "soldiers" or "made members" and persons who are not members, but who knowingly participate and

3

cooperate in the activities of the family, who are referred to as "associates." Persons who have been formally inducted into membership in an LCN family are often referred to as having been "made," "straightened out," or as being a "made member."

8. Judicial Authority for the Existence of the LCN: The existence of the LCN has been proved in a number of cases including, among others: United States v. Salerno. et al., No. SSS85 Cr. 139 (RO), in the United States District Court for the Southern District of New York, affirmed in 868 F. 2d 524,534-538 (2d Cir.), cert. denied, 493 U.S. 811 (1989) (hereafter "Salerno I" or "the Commission case"); United States v. Salerno, et al., No. 86 Cr. 245, in the United States District Court for the Southern District of New York (hereafter "Salerno II" or the "Genovese family case"), United States v. Infelise, et al., No.90 Cr. 87, in the United States District Court for the Northern District of Illinois, (appeal pending); United States v. Angiulo, et al., No. Cr. 83-235, in the United States District Court for the District of Massachusetts, affirmed in United States v. Angiulo, 897 F.2d 1169 (1st Cir.), cert. denied, 498 U.S. 845 (1990); and United States v. Scarfo. et al., No. 88-00003-1-19, in the United States District Court for the Eastern District of Pennsylvania, affirmed in United States v. Punqitore, 910 F. 2d 1084, ll48-1149 (3d Cir. 1990), cert. denied, 500 U.S.915 (1991).

9. The LCN Commission: The affairs of the LCN are governed by a "commission" (hereafter "the Commission") which is composed of the bosses of the most significant families. The bosses of four of

4

the five families in the New York City area - the Colombo, Gambino, Genovese, and Luchese families - have been members of the Commission since its creation. At various times bosses, or representatives, from the LCN families in: Chicago, Illinois; Philadelphia, Pennsylvania; Cleveland, Ohio; Buffalo, New York; and Detroit, Michigan, have been members of the Commission. The Commission serves as the national ruling council of the LCN families. Among other matters, the Commission has regulated, facilitated and controlled relationships and settled disputes between and among the LCN families. The Commission also has approved the admission of new members to the various LCN families and the selection of the bosses of the families. To frustrate law enforcement scrutiny, the Commission meets infrequently.

10. LCN Families: Each family of La Cosa Nostra is identified by the name of its boss, the name of a former boss, or by the city in which it is located. The families of the LCN include, among others, the following:

a. The BONNANO family which is headquartered in New York City and operates in various other locations in the United States. The Bonnano family is the one New York City LCN family whose boss is not a member of the Commission;

b. The BUFALINO family which is headquartered in the area of Pittston, Pennsylvania and operates in Northeastern Pennsylvania and New York State;

5

c. The BUFFALO family which is headquartered in the area of Buffalo, New York and operates there and in various other locations;

d. The CHICAGO family which is headquartered and operates in the area of Chicago, Illinois, in the Eastern Division of the Northern District of Illinois, in other areas of Illinois, and in various locations in Florida and the western part of the United States. The Chicago family is commonly referred to as "the outfit." The boss of the Chicago family is a member of the Commission. Often the views of the Chicago family are presented to the Commission by the Genovese family, which is identified in subparagraph j. below;

e. The CLEVELAND family which is headquartered in Cleveland, Ohio and operates there. The Cleveland family is represented on the Commission by the Genovese family, which is identified in subparagraph j. below;

f. The COLOMBO family which is headquartered in New York City and operates there and in various other locations. The boss of the Colombo family is a member of the Commission;

g. The DECAVALCANTE family which is headquartered in northern New Jersey and operates there and in various other locations. The boss of the DeCavalcante family answers to the boss of the Genovese family;

h. The DETROIT family which is headquartered in Detroit, Michigan and operates there and in various other locations. The

6

Detroit family is represented on the Commission by the Genovese family;

i. The GAMBINO family which is headquartered in New York City and operates there and in various other locations. The boss of the Gambino family is a member of the Commission;

j. The GENOVESE family which is headquartered in New York City and operates there and in various other locations. The boss of the Genovese family is a member of the Commission;

k. The KANSAS CITY family which is headquartered in Kansas City, Missouri and operates there and in various other locations. The Kansas City family is represented on the Commission by the Chicago family;

l. The LOS ANGELES family which is headquartered and operates in Los Angeles, California. The Los Angeles family is represented on the Commission by the Chicago family;

m. The LUCHESE family which is headquartered and operates in New York City and various other locations. The boss of the Luchese family is a member of the Commission;

n. The MILWAUKEE family which is headquartered and operates in Milwaukee, Wisconsin. The Milwaukee family is represented on the Commission by the Chicago family;

o. The NEW ENGLAND or PATRIARCA family which is headquartered in the areas of both Boston, Massachusetts and Providence, Rhode Island and operates there and in various other locations. The New England family is represented on the Commission by the Genovese family;

7

p. The NEW ORLEANS family which is headquartered and operates in New Orleans, Louisiana. The New Orleans family has close relationships with both the Chicago and Genovese families;

q. The PHILADELPHIA or BRUNO/SCARFO family which is headquartered in Philadelphia, Pennsylvania and Atlantic City, New Jersey. The Philadelphia family is represented on the Commission by the Genovese family and is sometimes referred to by the last names of former bosses, Angelo Bruno and Nicodemo Scarfo;

r. The PITTSBURGH family which is headquartered and operates in Pittsburgh, Pennsylvania. The Pittsburgh family is represented on the Commission by the Genovese family;

s. The ST. LOUIS family which is headquartered and operates in the area of St. Louis, Missouri. The St. Louis family operates under the supervision of the Chicago family; and

t. The TRAFFICANTE family which is headquartered and operates in the area of Tampa, Florida. The Trafficante family is represented on the Commission by the Chicago family.

11. The Plaintiff: The United States of America, plaintiff herein, is a sovereign and body politic.

12. The Defendant: The defendant, LIUNA, composed of its regional offices and subordinate district councils and local unions, is a "labor organization," as that term is defined in Title 29, United States Code, Section 402(i), that is, a labor organization engaged in an industry affecting commerce which exists

8

for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours and other terms and conditions of employment.

a. The union represents a variety of general laborers, including masons' helpers, general construction laborers, highway construction laborers, pipeline laborers, watchmen, asbestos removers, pavers, stone cutters and mailhandlers.

b. The union was initially chartered by the American Federation of Labor in Washington, D.C. on April 13, 1903, and was formerly known as the International Hod Carriers Building and Common Laborers' Union of America.

c. The union has its international headquarters at 905 16th Street N.W., Washington, D.C. and has local unions, district councils, and regional offices in the Northern District of Illinois and elsewhere throughout the United States and Canada. LIUNA has approximately 450,000 rank and file members.

d. The union includes eleven regional offices covering the United States. The manager of a regional office of the union is the representative of the union in his geographic area and controls the regional office and the affairs of the union within that area. The union has approximately 60 district councils and approximately 620 local unions throughout the United States and Canada with approximately 5,000 local and district officers.

e. There is a separate division of LIUNA called the "National Post Office Mailhandlers Union" which primarily

9

represents mailhandlers and other employees of the United States Postal Service.

g. Under Articles I and VIII of the Constitution, the General Executive Board of the union (hereafter "the Board") is the body which directs the union between meetings of the General Convention. The Board is made up of all of the international officers of the union, that is, the General President, the General Secretary-Treasurer, and ten Vice-Presidents. The Board has authority over all of the executive, legislative, and judicial powers of the union.

10

h. Under Article IX of the Constitution, the General President is the chief executive officer of the union and has executive, administrative, and judicial authority over the union's affairs. The General President presides over meetings of the General Executive Board and oversees local unions and district councils to see that they conduct their affairs in accordance with the Constitution. The General President has the authority to file charges against any local union, district council, officer or member of the union and to appoint a temporary trustee to oversee the affairs of a local union or district council and to control the affairs of the subordinate body whenever necessary to correct corruption or financial malpractice, assure the performance of a collective bargaining agreement, restore democratic procedures, or to protect the organization as an institution. The General President has extensive powers to appoint assistants, to appoint managers of all regional and sub-regional offices and to set their salaries. If there is a vacancy in the office of General President when the General Convention is not in session, the General President is elected, from among the members of the Board, by the Board (Article VI, Section 5).

i. Under Article XI of the Constitution, the General Secretary-Treasurer of the union is the union's chief financial officer and is the custodian of all of the bank accounts, records and documents relating to the finances of the union, If there is a vacancy in the office of General Secretary-Treasurer when the

11

convention is not in session, a replacement is elected by the Board (Article VI, Section 5).

j. Regional offices of the LIUNA are established to administer the affairs of the union on a regional basis. Regional managers are appointed by the General President.

k. Under Article XIX of the Constitution, affiliated local unions may be combined into an area district council. District councils have broad powers to determine and levy membership fees and to negotiate collective bargaining agreements with employers. In effect, the district councils supervise all of the activities of their constituent local unions. District councils may be created either at the discretion of the General Executive Board or the General President and General Secretary-Treasurer or upon application by a group of local unions. The day-to-day affairs of both the district councils and the local unions are managed by a business manager who is the official representative of the district council or local union and who hires and supervises field representatives, who are also referred to as "business agents" (hereafter referred to as "business agents"). The business agents are the union officials who handle the day-to-day business with employers of LIUNA members.

1. LIUNA is named as the sole defendant herein for the purpose of effectuating the relief requested in this complaint, pursuant to Rule 19(a) of the Federal Rules of Civil Procedure.

13. The current members of the General Executive Board of LIUNA are follows:

12

a. ARTHUR ARMAND COIA,who has been the General President of LIUNA since February 1993. "Criminal Associate of the New England organized crime family" per FBI-1994. His father was a mobster or "worse" according to Coffey. See testimony of Organized Crime Racketeering Section (OCRS) of DOJ at House Crime Sub-Committee Hearings in Jjuly, 1996 Arthur A. Coia was the only officer of an AFL-CIO union that favored NAFTA. Besides being a member/associate of organized crime, Arthur A. Coia is a traitor to the union cause. If he had any honor, (which he doesn't) he would have resigned when he first received the draft RICO complaint and not this sanitized version that doesn't mention his name or that of his mobster father, Arthur E. Coia .

b. ROLLIN P. "Bud" VINALL, the General Secretary-Treasurer, who has been the General Secretary-Treasurer since October1994.

c. MASON M. "Max" WARREN, the First International Vice President, who has been a member of the Board since 1975.

d. JOHN SERPICO the Second International Vice-President who has been a member of the Board since September 1984.

e. VERE O. HAYNES, the Third International Vice-President, who has been a member of the Board since1985.

f. SAMUEL J. CAIVANO, the Fourth International Vice President, who has been a member of the Board since February 1987.

g. ENRICO MANCINELLI, the Fifth International Vice President who has been a member of the Board since October 1991.

h. CHUCK BARNES, the Sixth International Vice-President, who has been a member of the Board since 1992.

i. JACK WILKINSON, the Seventh International Vice President, who has been a member of the Board since February, 1993.

j. GEORGE R. GUDGER, the Eighth International Vice President, who has been a member of the Board since late 1993 or early 1994.

k. MICHAEL QUEVEDO, JR., the Ninth International Vice President, who has been a member of the Board since June 1994.

1. ARMAND E. SABITONI, the Tenth International Vice President, who has been a member of the Board since October 1994

13

VI
CO-CONSPIRATORS NOT NAMED AS DEFENDANTS

14. Co-Conspirators: The following persons, along with others whose names are both known and unknown, are named as coconspirators, but not defendants in this complaint:

Court for the Western District of Missouri, Joseph Aiuppa was convicted of conspiracy to travel in interstate commerce in aid of racketeering, in violation of Title 18, United States Code, Sections 371 and 1952, in connection with the Central States Pension Fund of the International Brotherhood of Teamsters and was sentenced to serve twenty-eight and one-half years in prison (See attached Exhibit 39). Joseph Aiuppa's conviction was affirmed in United States v. Cerone, 830 F. 2d 938 (8thCir. 1987), cert. denied, 486 U.S. 1006 (1988) ("the Argent casino skimming case"). Aiuppa is currently serving the sentence imposed in that case. Joseph Aiuppa was permanently barred from influencing the affairs of the International Brotherhood of Teamsters in United States v. International Brotherhood of Teamsters. etc. et al., No. 88 Civ. 4486 (DNE),in the United States District Court for the Southern District of New York.

15

injunction was affirmed in United States v. Private Sanitation Industry Association of Nassau/Suffolk. Inc.. et al., 995 F. 2d375 (2d Cir. 1993).

16

Racketeering Act No. 101 below. On March 13, 1991, Louis Casciano was sentenced to serve twenty-four months in prison(see attached Exhibit 33). Casciano is currently serving a period of supervised release.

f. JAMES B. CASTALDO was, from the time of its being granted a charter in 1987 to in or about September, 1992 the business manager of LIUNA Local 1030, Elizabeth, New Jersey. At the time Local 1030 was chartered in 1987, James B. Castaldo was installed in his position as business manager of LIUNA Local 1030 at the behest of the John M. Riggi. On May 26, 1993,in the case of United States v. James Gallo. et al., No. CR 92-508-02, in the United States District Court for the District of New Jersey, James B. Castaldo pled guilty to two counts of demanding bribes from employers of members of Local 1030, of which Castaldo was the business manager, in exchange for labor peace and the use of nonunion labor, as alleged in Racketeering Acts Nos. 62 and 63 below. On September 21, 1993, Castaldo was sentenced to serve eighteen months in prison (See attached Exhibit 20). Castaldo is an associate of the DeCavalcante LCN family and was controlled by John M. Riggi, even after the time John M. Riggi entered prison in 1990. Castaldo was replaced as business manager of Local 1030 by Giuseppe Schifilliti, who, in August 1992, was seen associating with a leader of the DeCavalcante LCN family. Castaldo is currently serving his sentence.

17

18

Brotherhood of Teamsters. etc.. et al.;, No. 88 Civ. 4486(DNE), in the United States District Court for the Southern District of New York. In 1987, Antonio Corallo also was permanently enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6A. LIUNA et al., No. 86 Civ. 4819(VLB), in the United States District Court for the Southern District of New York. Corallo is currently serving his sentence.

19

succeeding his father, the late Peter J. Fosco, through the corrupt actions of LCN members. At all other times material hereto, Angelo Fosco was an International Vice-President and regional manager of the Chicago Regional Office of LIUNA. At all times material hereto, Angelo Fosco was an associate of the Chicago LCN family and personally participated in Racketeering Acts Nos. 1 through 5 below. In the case of United States v. Anthony Accardo. et al., No. 81-230-CR(JWK), in the United States District Court for the Southern District of Florida, Angelo Fosco was acquitted, by the jury, of RICO conspiracy which encompassed Racketeering Acts Nos. 2 through 5 below. Following his acquittal in that case, Angelo Fosco appeared before the President's Commission on Organized Crime on or about April 22,1985, and, asserting his privilege against self incrimination, refused to answer the questions of the President's Commission Organized Crime relating to whether members of organized crime were involved in LIUNA in Chicago and New York. Fosco also refused to answer the questions of the President's Commission regarding his imposition of trusteeships against local unions and about his associations with the LCN. Angelo Fosco was the third successive General President of LIUNA who carried membership in a LIUNA local union located in Chicago, Illinois (Local 2) and was only the fourth LIUNA General President since 1908. In 1992, his last full year as an international official of LIUNA, Angelo Fosco was paid $273,047.54

20

family. Christopher Furnari has a criminal record which includes convictions for assault and sex offenses. In 1987, in the case of United States v. Anthony Salerno. et al., No. SSS85 Cr. 0139 (RO), in the United States District Court for the Southern District of New York, Christopher Furnari was convicted, along with other members of the LCN Commission, of RICO and RICO conspiracy, relating to extortion and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13, 1987, Furnari was sentenced to serve one hundred years in prison and to pay a fine of $240,900.Furnari's conviction was affirmed in United States v. Salerno,868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811 (1989).Christopher Furnari, Sr., also was enjoined in 1987 from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6A, LIUNA. et al., No. 86 Civ.4819(VLB), in the United States District Court for the Southern District of New York. Furnari's son, Christopher Furnari, Jr., was, from at least 1985 to 1987, vice-president of LIUNA Local 20, New York City, and during that time was the highest paid official of that local union. Christopher Furnari, Jr., was also enjoined from participating in the affairs of LIUNA and any other labor organization in the case of United States v. Local 6A. LIUNA. et al., supra; Furnari is currently serving his sentence.

21

1. JAMES J. GALLO was, from sometime in early 1991 to September 1992, a business agent of LIUNA Local 1030,Elizabeth, New Jersey. On May 26, 1993, in the case of United States v. James Gallo, et al., No. CR-92-508-01, in the United States District Court for the District of New Jersey, James J. Gallo pled guilty to two counts of demanding bribes from employers of members of Local 1030, of which Gallo was a business agent, in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 62 and 63below. On September 24, 1993, James J. Gallo was sentenced to serve thirty-eight months in prison (See attached Exhibit 21)after the sentencing judge found that Gallo had harbored Anthony Casso, underboss of the Luchese LCN family, during a time Casso was a fugitive from justice. At the time he was hired as business agent of Local 1030, James J. Gallo previously had been convicted of criminal usury and weapons offenses in the courts of the State of New York. James J. Gallo has strong ties to the DeCavalcante LCN family. Gallo is currently serving his sentence.

m. JOHN GIARDIELLO was the business manager of LIUNA Local 767 of West Palm Beach, Florida from approximately 1965to approximately June 1982. At all times material hereto, John Giardiello was an associate of the Trafficante family of the LCN. In 1982, in the case of United States v. Anthony Accardo, et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, John Giardiello was convicted of RICO conspiracy by agreeing to receive kickbacks relating to the sale of insurance services to LIUNA-related employee benefit funds during

22

the period 1970 to 1977 while jet swabs tie business manager of Local 767, as alleged in Racketeering Acts Nos. 3 and 5 below. On September 14, 1982, Giardiello was sentenced to serve twelve years in prison (See attached Exhibit 2). Giardiello's conviction was affirmed in United States v. Caporale, 806 F. 2d 1487 (11th Cir. 1986), cert. denied, 483 U.S. 1021 (1987). John Giardiello is on parole.

n. MICHAEL LABARBARA, JR., was, from 1984 to 1989, the business manager of LIUNA Local 66, Long Island, New York and a delegate to the Mason Tenders District Council. LaBarbara has been a "made" member of the Luchese LCN family since at least1985 and, along with Peter Vario, also known as "Jocko," represented the interests of the Luchese family in Local 66 and on the Mason Tenders District Council. In September 1989, in the case of United States v. Peter Vario. et al., No. CR 8800719 (S)-02, in the United States District Court for the Eastern District of New York, Michael LaBarbara, Jr., pled guilty to receiving bribes in exchange for labor peace and the use of non-union labor during the period 1980 through 1986,while serving as an officer and employee of LIUNA Local 66, as alleged in Racketeering Acts Nos. 82 and 87 through 91 below. On December 15, 1989, LaBarbara was sentenced to serve fourteen months in prison and to pay a fine of 536,940.00. LaBarbara is currently on parole from this conviction (See attached Exhibit23). On March 15, 1994, LaBarbara was indicted in the case of United States v. Michael LaBarbara. Jr., No. 94 Cr. 191(E.D.N.Y.), for embezzlement of union, assets, embezzlement of

23

employee benefit fund assets and mail fraud in connection with a fraud committed on various employee pension, welfare, training and other benefit funds in relation to construction of a training facility by the Local 66 training program. This fraud occurred in connection with and during LaBarbara's tenure as business manager of Local 66 and continued after the date of his resignation from that position. A trial date has not been set for Michael LaBarbara, Jr.'s latest indictment.

O. GENNARO LANGELLA, also known as "Gerry Lang," was, at various times material hereto, a cape, underboss or acting boss of the Colombo LCN family. Gennaro Langella has a criminal record which includes convictions for attempted robbery in 1962and criminal contempt in 1977. In 1986, in the case of United States v. Carmine Persico. et al., No. S84Cr.809(02) JFK, in the United States District Court for the Southern District of New York, Gennaro Langella was convicted of RICO and RICO conspiracy, extortion, and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 12 through 19 below. On November 17,1986, Langella was sentenced to serve sixty-five years in prison (See attached Exhibit 9). Langella's conviction was affirmed in United States v. Persico, 832 F.2d 705 (2d Cir.1987), cert. denied, 488 U.S. 982 (1988). In 1986, in the case of United States v. Anthony Salerno. et al., No. SSS85-0139-03(RO), in the United States District Court for the Southern District of New York, Gennaro was convicted,

24

along with other members of the--LCN-Commission, of RICO and RICO conspiracy, extortion, and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13,1987, Gennaro Langella was sentenced to serve One hundred years in prison and fined $240,000.00 (See attached Exhibit 12).Langella's conviction was affirmed in United States v. Salerno,868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811 (1989). In1987, Gennaro Langella was enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6A. LIUNA. et al., No. 86 Civ. 4819 (VLB), in the United States District Court for the Southern District of New York. Langella is currently serving his sentence.

p. ANTHONY D. LIBERATORE was, from 1965 to 1980, the business manager of LIUNA Local 860 located in Cleveland, Ohio. Since at least 1980, Liberatore has been a "made" member of the Cleveland LCN family. In 1980, in the case of United States v. Anthony Liberatore. et al., No. CR79-103, in the United States District Court for the Northern District of Ohio, Anthony D. Liberatore was convicted of bribery of an employee of the Federal Bureau of Investigation, in violation of Title 18,United States Code, Section 201, and on July 17, 1980, was sentenced to serve twelve years in prison (See attached Exhibit67). In 1982, in a separate trial on the same indictment, Liberatore was convicted of RICO and RICO conspiracy relating to acts of bribery and murder

25

committed in furtherance of the affairs of the Cleveland LCN family, in violation of Title 18, United States Code, Sections 1962 (c) and (d). On July 30, 1982, Liberatore was sentenced to serve fourteen years in prison to run concurrently with the sentence in the bribery trial (See attached Exhibit68). Liberatore's convictions were affirmed in United States v. Lanci, 669 F. 2d 391 (6th Cir.), cert. denied, 457 U.S. 1134(1982) and United States v. Licavoli, 725 F. 2d 1040 (6thCir.), cert. denied, 467 U.S. 1252 (1984). On June 14, 1993, in the case of United States v. Anthony D. Liberatore, No.1:92CR184, in the United States District Court for the Northern District of Ohio, Anthony D. Liberatore was convicted of RICO and RICO conspiracy relating to labor bribery in exchange for labor peace and the use of non-union labor and laundering the profits of a narcotics business, as alleged in Racketeering Acts Nos. 106, 107 and 109 below, which crimes were committed while he was in prison. On March 21, 1994, Anthony D. Liberatore was sentenced to serve 120 months in prison (See attached Exhibit 38). Anthony Liberatore is currently serving his sentence.

q. CHESTER J. LIBERATORE was, from 1972 to March 1993,the business manager of LIUNA Local 310, Cleveland, Ohio. Chester J. Liberatore has been at all times material to this complaint an associate of the Cleveland LCN family and operated the affairs of LIUNA Local 310 for the interests of the Cleveland LC.N family. On March 24, 1993, in the United States v. Anthony D. Liberatore. et al., No. 1:92CR184, in the United States District Court for the

26

Northern District of Ohio, Chester Liberatore pled guilty to labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 106 and 109below. On May 28, 1993, Chester J. Liberatore was sentenced to serve thirteen months in prison (See attached Exhibit 37).Chester Liberatore is currently serving a period of supervised release.

r. MICHAEL LORELLO was, from at least 1970 until his death in 1987, an International Vice-President of LIUNA and regional manager of the New York-New Jersey Regional Office of LIUNA. Michael Lorello was an associate of the Genovese LCN family and, in October 1975 and at all subsequent General Conventions of LIUNA until 1986, nominated co-conspirator Angelo Fosco to be the General President of LIUNA. After Fosco became the General President, Lorello became the special assistant to Angelo Fosco.

s. GASPAR LUPO was, from at least i974 and continuing until his death in June 1989, the president of the LIUNA Mason Tenders District Council of Greater New York and Vicinity(hereafter the "Mason Tenders District Council"), having ascended to that position following the death of his father-in-law Charles Graziano, the previous president of the district council. Gaspar Lupo also served as a Union trustee to the Mason Tenders District Council Trust Funds. Gaspar Lupo was "made" member of the Genovese LCN family and was controlled by, and reported to, Genovese LCN family capo Joseph Loiacono, also known as "Joe Lefty." .Following the death of "Joe Lefty" Loiacono, Gaspar Lupo reported directly to Genovese capo James Messera as well as to Genovese boss, co

27

conspirator Anthony "Fat Tony" Salerno. On June 13, 1989,Gaspar Lupo died of natural causes and was replaced as president of the Mason Tenders District Council by his son Frank Lupo, then the business manager of the district council.

t. LOUIS ANTHONY MANNA, also known as "Bobby Manna," was, from at least 1980 to until 1990, the consigliere of the Genovese LCN family and the principal leader of Genovese family activities in Northern New Jersey. In 1989, in the case of United States v. Louis Anthony Manna, Case No. 88-239, in the United States District Court for the District of New Jersey, Louis Anthony Manna was convicted of RICO and RICO conspiracy involving conspiracy to murder in aid of racketeering, conspiracy to commit labor bribery involving LIUNA Local 21,Jersey City, New Jersey, and other offenses, as alleged in Racketeering Acts Nos. 38 through 53 below. On September 26,1989, Manna was sentenced to serve eighty years in prison and to pay a fine of $250,000 (See attached Exhibit 15). Manna's conviction was affirmed without opinion in United States v. Manna, 919 F. 2d 733 (3d Cir. 1990), cert. denied, 499 U.S. 949(1991). Louis Anthony Manna sometimes traveled to Chicago, Illinois for the purpose of conducting business which the Genovese family had with the Chicago LCN family. Manna is currently serving his sentence.

u. JAMES MESSERA was, from 1989 to the present, a capo in the Genovese LCN family. In 1989 and 1990, he was a business agent of LIUNA Local Union 104, New York City and a delegate to the Mason Tenders District Council. On November 20, 1990_ in the case of

28

United States v. James Messera, No. Cr. 90-00483-01(CSH), in the United States District Court for the Southern District of New York, James Messera pled guilty to RICO conspiracy, which conspiracy involved, in part, a conspiracy to extort a business employing members of LIUNA, as alleged in Racketeering Act No.101 below. On February 13, 1991, Messera was sentenced to serve thirty-seven months in prison (See attached Exhibit 32). On April 8, 1993, in the case of United States v. James Messera, No. SS92CrO749-04(JES), in the United States District Court for the Southern District of New York, James Messera pled guilty to RICO conspiracy involving a multi-million dollar embezzlement of the funds of the Mason Tenders District Council Trust Funds, as alleged in Racketeering Acts Nos. 102 and 103 below. On December 20, 1993, James Messera was sentenced to serve twenty-four months in prison (See attached Exhibit 35). Messera is currently serving his sentence.

29

months in prison and to pay a fine of $25,000(See attached Exhibit 16). Napoli's conviction was affirmed without opinion in United States v. Manna, 919 F. 2d 733 (ad Cir. 1990), cert. denied, 499 U.S. 949 (1991). For a period of time following Napoli's indictment and removal from his position as business manager of LIUNA Local 21, he continued to exercise influence in the affairs of Local 21 and was given the use of a 1989Jaguar automobile by LIUNA Local 21. Napoli is currently serving his sentence.

w. RAYMOND L.S. PATRIARCA was, from at least 1970 to the time of his death on July 11, 1984, the boss of the New England LCN family. Raymond L.S. Patriarca controlled the activities of a high ranking international official of LIUNA. Raymond L. S. Patriarca aided, abetted, counseled, commanded, induced and procured the commission of various of the Racketeering Acts set forth below.

x. CARMINE PERSICO, also known as "Junior" or "the Snake," was, at all times material hereto, the boss of the Colombo LCN family. In 1986, in the case of United States v. Carmine Persico. et al., No. S84 Cr 809 (01) JFK, in the United States District Court for the Southern District of New York, Carmine Persico was convicted of RICO, RICO conspiracy, extortion and bribery in relation; in part, to labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 12 through 19 below. On November 17, 1986, Carmine Persico was sentenced to serve thirty-nine years in prison (See attached Exhibit 10). Persico's conviction was affirmed in United States v. Persico,832 F. 2d 705 (2d Cir. 1987)cert. denied' 486 U.S. 1022

30

(1988).In 1986, in the case of United States v. Anthony Salerno. et al., No. SSS85-0139-02(RO), in the United States District Court for the Southern District of New York, Carmine Persico was convicted, along with the other members of the LCN Commission, of RICO and RICO conspiracy relating to extortion and labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20through 37 below. On January 13, 1987, Carmine Persico was sentenced to serve one hundred years in prison to be served concurrently with the sentence imposed in United States v. Persico, supra (See attached Exhibit 13). Persico's conviction was affirmed in United States v. Salerno, 868 F. 2d 524 (2dCir.), cert. denied, 493 U.S. 811 (1989). In 1987, Carmine Persico was permanently enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6A. LIUNA. et al., No. 86 Civ. 4819 (VLB), in the United States District Court for the Southern District of New York. Persico is currently serving his sentence.

y. ALFRED PILOTTO was, from at least 1970 to 1982, the president of LIUNA Local 5, located in Chicago Heights, Illinois. From 1975 to 1982, Pilotto also served as a special international representative of LIUNA and vice-president of the Chicago Laborers' District Council. From at least 1970 to 1982,Alfred Pilotto was a capo in the Chicago LCN family. In 1982,in the case of United States v. Anthony Accardo. et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, Alfred

31

Pilotto was convicted of RICO conspiracy by agreeing to multiple acts of receiving kickbacks relating to the sale of insurance plans to LIUNA-related benefit funds, as alleged in Racketeering Acts Nos. 2, 4, and 5 below. On September 14,1982, Pilotto was sentenced to serve twenty years in prison(See attached Exhibit 3). Pilotto's conviction was affirmed in United States v. Chorale, 806 F. 2d 1487 (11th Cir. 1986),cert. denied, 483 U.S. 1021 (1987). Pilotto is currently on parole.

z. JOHN M. RIGGI was, from at least 196S to 1986, the business manager of LIUNA Local 394, located in Elizabeth, New Jersey. Following his retirement as business manager of Local394 in 1986, Riggi served as the president of Laborers' District Council 30, Union County, New Jersey, until 1990. From at least 1980 to at least 1989, John M. Riggi was the acting boss of the DeCavalcante LCN family and in this capacity had a relationship with the Genovese family with respect to his conduct of the affairs of Local 394 as well as other matters. On May 15, 1992, in the case of United States v. John M. Riggi, No. Cr. 89-00380-01, in the United States District Court for the District of New Jersey, John M. Riggi pled guilty to extortion and labor bribery involving LIUNA Local 394, as alleged in Racketeering Acts Nos. 54 through 61 below. On June18, 1992, Riggi was sentenced to serve twelve years in prison and to pay a fine of $25,000 (See attached Exhibit 18). Also, on May 15, 1992, in the case of State of New Jersey v. John M. Riggi, No. 91-03-0050-S, in the New Jersey Superior Court for Union County, John M. Riggi pled guilty to charges of theft by

32

extortion in the second degree. On July 10, 1992, Riggi was sentenced to serve twelve years in prison to run concurrently with his federal sentence. Even though Riggi is currently serving his sentence, he still influences the affairs of LIUNA local unions in Northern New Jersey.

aa. JOSEPH P. ROSATO was, at various times material hereto, a steward in LIUNA Local 210, Buffalo, New York, and beginning in approximately 1984, was a "made" member of the Buffalo LCN family. From approximately 1985 to 1988, Rosato was an executive board member of Local 210. In 1991, in the case of United States v. Joseph Rosato, No. CR 88 00066-01, in the United States District Court for the Western District of New York, Joseph P. Rosato pled guilty to receiving unlawful payments from an employer of LIUNA Local 210 members in relation to having a no-show steward's position, as alleged in Racketeering Act No. 97B below. On July 12, 1991, Rosato was sentenced to serve four years' probation (See attached Exhibit28). Rosato is currently on probation.

ab. ANTHONY SALERNO, also known as "Fat Tony," was, from at least 1981 up to 1988, held out as the boss of the Genovese Family. In 1987, in the case of United States v. Anthony Salerno. et al., No. SSS85-0139-01 (RO), in the United States District Court for the Southern District of New York, Anthony Salerno was convicted, along with other members of the LCN Commission, of RICO and RICO conspiracy relating, in part, to extortion and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged or

33

in Racketeering Acts Nos. 20 through 37 below. In 1987, Salerno was sentenced to serve one hundred years in prison and to pay a fine of $240,000 (See attached Exhibit 84). Salerno's conviction was affirmed in United States v. Salerno, 868 F. 2d524 (2d Cir.), cert. denied, 493 U.S. 811 (1989). In 1987,Anthony Salerno was .

ac. DANIEL G. SANSANESE, JR., has been a "made" member of the Buffalo LCN family since at least 1973. Beginning in approximately April 1973, Daniel G. Sansanese, Jr., became a business agent of LIUNA Local 210, Buffalo, New York. In approximately June 1973, Sansanese became the secretary-treasurer of LIUNA Local 210 on the instructions of the leaders of the Buffalo LCN family. In approximately 1978, Daniel G. Sansanese, Jr., resigned as secretary-treasurer of LIUNA Local210 on instructions from leaders of the Buffalo LCN family and, in approximately 1983, returned to the position of secretary-treasurer and occupied that position until his retirement sometime in 1994. Sansanese aided, abetted, counseled, commanded, induced and procured the conduct alleged as Racketeering Acts 95 through 97B below.

34

ad. SALVATORE SANTORO, also known as "Tom Mix," was, from at least 1980 to 1987, the underboss of the Luchese LCN family. In 1987, in the case of United States v. Anthony Salerno, et al., No. SSS 85 Cr. 0139 (RO), in the United States District Court for the Southern District of New York, Salvatore Santoro was convicted, along with other members of the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20through 37 below. Santoro's conviction was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert. denied, 493U.S. 811 (1989). On January 13, 1987, Santoro was sentenced to serve one hundred years in prison. In 1987, Salvatore Santoro was permanently barred from participating in any way in the affairs of, or having any dealings with any officer or employee of, any labor organization in the case of United States v. Local 6A, LIUNA. et al., No. 86 Civ. 4819(VLB), in the United States District Court for the Southern District of New York. Santoro is currently serving his sentence.

ae. RALPH SCOPO was, from 1979 to 1986, the business manager of LIUNA Local 6A and president of the Cement and Concrete Workers District Council of Greater New York and Vicinity of the Laborers' Union. Ralph Scopo died in prison in March 1993. At all times material hereto, Scopo was a "made" member of the Colombo LCN family. In 1986, in the case of United States v. Carmine Persico. et al. , No. S 84 Cr.809 (JFK), in the United States District Court

35

for the Southern District of New, York, Ralph Scopo was convicted of RICO and RICO conspiracy involving multiple acts of extortion and labor bribery in exchange for labor peace and the use of non-union labor, while Scopo was president of the LIUNA Cement and Concrete Workers District Council, in violation of Title 18,United States Code, Sections 1962(c) and (d) and 1951 and Title29, United States Code, Section 186(b). On October 14, 1987,Scopo was sentenced to serve fifteen years in prison. In 1986,in the case of United States v. Anthony Salerno. et al., No. SSS85 Cr. 0139(RO), in the United States District Court for the Southern District of New York, Ralph Scopo was convicted, along with the various members of the LCN Commission, of RICO and RICO conspiracy relating, in part, to extortion and labor bribery in exchange for labor peace and the use of non-union labor involving the LIUNA Cement and Concrete Workers District Council, as alleged in Racketeering Acts Nos. 20 through 37below. On January 13, 1987, Scopo was sentenced to serve one hundred years in prison to run concurrently with the sentence in the Persico case (See attached Exhibit 88). Scopo's conviction in case No. SSS 85-0139 was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811(1989). Scopo's conviction in case No. S 84-809 was affirmed in United States v. Scoot, 861 F. 2d 339 (2d Cir. 1988), cert. denied, 490 U.S. 1048 (1989). Because of the activities of Ralph Scopo, in 1991, the Cement and Concrete Workers District Council consented to be placed under the supervision of a court appointed trustee in the case of United States v. Local 6A.LIUNA,et al., Nos-86 Civ. 4819(VLB)

36

in the United States District Court for the Southern District of New York. In addition Ralph Scopo, Jr., and the late Joseph Scopo, both sons of Ralph Scopo and "made" members of the Colombo LCN family, were barred from participating in the affairs of any labor organization in the case of United States v. Local 6A LIUNA. et al., supra.

af. VINCENT SOLANO was, from at least 1977 to the date of his death on November 16, 1992, a capo in the Chicago LCN family. He also was the president of LIUNA Local 1, Chicago, Illinois, from at least 1977 to the time of his death. Beginning in approximately 1982, Vincent Solano had the responsibility, on behalf of the LCN, to control the actions!of co-conspirator Angelo Fosco with respect to Angelo Fosco's actions, decisions, and other matters relating to LIUNA. In addition to being the president of LIUNA Local 1, Vincent Solano also directed illegal gambling and vice activities on the near North side of Chicago, Illinois on behalf of the Chicago LCN family

ag. JOSEPH A. TODARO, SR., has, at all times material hereto, been a member of the Buffalo LCN family. Since a point in time between 1981 and 1985, Joseph Todaro, Sr., has been the boss of the Buffalo LCN family and dictates the affairs of LIUNA Local 210, despite the fact that he has never held an office or position in the union and has never had an official connection with the union.

ah. JOSEPH A. TODARO. JR., the son of Joseph A. Todaro, Sr., was a business agent of LIUNA Local 210, Buffalo, New York,

37

from approximately 1978 to 1990. At all times material hereto, Joseph A. Todaro, Jr., has been a "made" member of the Buffalo LCN family and, since approximately 1985, has been the underboss of the Buffalo LCN family. He participates in ensuring that the dictates of the Buffalo LCN family are carried out in the actions, decisions and other activities of Local 210. Joseph A. Todaro, Jr., aided, abetted, counseled, commanded, induced and procured the conduct alleged as Racketeering Acts 92 through 94 below.

ai. SALVATORE TRICARIO was the vice president of LIUNA Local 767, West Palm Beach, Florida, from approximately 1965 to June 1982 and, at all times material hereto, was an associate of the Trafficante LCN family. In 1982, in the case of United States v. Anthony Accardo. et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, Salvatore Tricario was convicted of RICO conspiracy by agreeing to receive kickbacks involving the sale of insurance plans to LIUNA-related benefit funds, as alleged in Racketeering Acts Nos. 3 and 5 below. On September 14, 1982,Tricario was sentenced to serve twelve years in prison (See attached Exhibit 4). Tricario's conviction was affirmed in United States v. Caporale, 806 F. 2d 1487 (11th Cir. 1986),cert. denied, 483 U.S. 1021 (1987). Tricario is currently on parole.

aj. SANTO TRAFFICANTE was, from at least 1970 until the time of his death on March 17, 1987, the boss of the Trafficante LCN family located in Tampa, Florida. Santo Trafficante aided, abetted, counseled, commanded, induced and procured the commission

38

of offenses relating to the acceptance of kickbacks for the sale of insurance, as alleged in Racketeering Acts Nos. 2through 5 below.

ak. MATTHEW MICHAEL TRUPIANO, JR., is the boss of the St. Louis LCN family and is a member of LIUNA Local 110, St. Louis, Missouri. He was the president of Local 110 from the early 1970's until April 1992, when he was defeated for reelection. Trupiano was placed in his LIUNA position by his uncle, Anthony Giardano, then boss of the St. Louis LCN family. In 1986, in the case of United States v. Matthew Trupiano, No.84-137Cr (01), in the United States District Court for the Eastern District of Missouri, Matthew Michael Trupiano, Jr., was convicted of conducting an illegal gambling business, in violation of Title 18, United States Code, Section 1955 (See attached Exhibit 41). On May 23, 1986, Trupiano was sentenced to serve four years in prison. Trupiano's conviction in case No. 84-137Cr (01) was affirmed in United States v. Parrino, 816F. 2d 414 (8th Cir. 1987). In 1992, in the case of United States v. Matthew Trupiano, No. S1-91-211CR(6), in the United States District Court for the Eastern District of Missouri, Matthew Michael Trupiano, Jr., was again convicted of conducting an illegal gambling business, in violation of Title18, United States Code, Section 1955 (See attached Exhibit 42).On January 15, 1993, Matthew Michael Trupiano, Jr., was sentenced to serve thirty months in prison. Trupiano's conviction in case No. 91-211 Cr. (6) was affirmed in United States v. Trupiano, 11 F. ad 769 (8th Cir. 1993). Trupiano is currently serving his sentence.

39

al. PETER VARIO, also known--as "Butch" was an organizer from 1978 until February 1983 for LIUNA Local 66, Long Island, New York. In February 1983, Peter Vario was elected vice president of Local 66 and appointed funds administrator for Local 66. Peter Vario was also a delegate to the Mason Tenders District Council. At all times material hereto, Peter Vario also was a "made" member of the Luchese LCN family and, along with Michael LaBarbara, Jr., represented the interests of the Luchese LCN family in the affairs of Local 66 and the Mason Tenders District Council. Vario is the nephew -of deceased Luchese LCN family capo Paul Vario, Sr. In1990, in the case of United States v. Peter Vario. et al., No. CR88-00719(S), in the United States District Court for the Eastern District of New York, Peter Vario was convicted of RICO conspiracy relating to multiple acts of labor bribery from employers of LIUNA Local 66 members in return for labor peace and the use of non-union labor during the period 1980 through 1986, while Vario was serving as an officer and employee of Local 66, as alleged in Racketeering Acts Nos. 64 through 87 below. On June 26, 1990, Peter Vario was sentenced to serve forty-six months in prison and to pay a fine and costs of imprisonment in the amount of $105,660 and forfeiture of$88,300 (See attached Exhibit 24). Vario's conviction was affirmed in United States v. Vario, 943 F.2d 236 (2d Cir. 1991), cert. denied, U.S. _ , 112 S.Ct. 882 (1992). Peter Vario is currently serving his sentence.

am. PETER A. VARIO, also known as "Butch," was, from 1984 to 1989, the business manager of Mason Tenders Local 46 of LIUNA,

40

Queens, New York, having ascended to that position following the death of his father Tom Vario, the former business manager of Local 46. Peter A. Vario is the nephew of now deceased Luchese LCN family cape, Paul Vario, Sr., and first cousin of PETER "Jocko" VARIO and, at all times material hereto, was an associate of the Luchese LCN family. In 1988, in the case of United States v. Basil Robert Cervone. et al., No. CR 87-579(S)-4, in the United States District Court for the Eastern District of New York, Peter A. Vario was convicted along with Basil Robert Cervone, Sr., business manager of LIUNA Local 13and a Genovese LCN family associate, of RICO conspiracy relating to labor bribery in exchange for labor peace and the use of non-union labor while he was business manager of Local46, as alleged in Racketeering Acts Nos. 98 through 100 below. On June 9, 1989, Peter A. "Butch" Vario was sentenced to serve three and one half years in prison and ordered to pay a fine of$70,000.00 and forfeiture of $4,433.00 (See attached Exhibit30). Vario's conviction was affirmed in United States v. Cervone, 907 F.2d 332 (2d Cir. 1990), cert. denied, Bernesserv. United States, 498 U.S. 1028 (1991). Peter A. Vario has been released from prison and is currently on parole.

15. At all times material to this complaint, LIUNA together with its regional offices, subordinate district councils and local unions, and affiliated employee welfare benefit and employee pension benefit plans, collectively,- Nave constituted an

41

"enterprise," as that term is defined in Title 18, United States Code, Section 1961(4), which enterprise was engaged in, and the activities of which affected, interstate and foreign commerce. The enterprise has been, and continues to be, a captive labor organization, various entities at all levels within which, has been continuously and systematically controlled, exploited, and dominated in the conduct of its affairs by the LCN and its members and associates in the manner and means which are described herein.

16. Acquiring and Maintaining Control of LIUNA: From at least the late 1960's up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, the co-conspirators identified in Paragraph 14above and others whose names are both known and unknown including members and associates of the LCN, whose names are both known and unknown, did unlawfully, knowingly and intentionally acquire and maintain, directly and indirectly, an interest in and control of the aforementioned enterprise which was engaged in, and the activities of which affected, interstate and foreign commerce, through a pattern of racketeering activity, as alleged in paragraphs 27 through 75below, in violation of Title 18, United States Code, Sections1962(b) and 2.

17. The Enterprise: Paragraph 15 above is incorporated by reference and realleged as if fully suet forth herein.

42

18. Methods and Means: The co-conspirators named in Paragraph 14 above, have unlawfully, knowingly and intentionally acquired and maintained, directly and indirectly, an interest in and control of the aforementioned enterprise through a pattern of racketeering activity through the manner and means set forth in subparagraphs a. through e. below, among others:

a. Selection of Officers to Control LIUNA: LCN control of LIUNA is demonstrated by its influence in the selection of officers at every level of the union as illustrated by the facts set forth below:

(1) Selection of International Officers:

(a) The three former General Presidents were members of LIUNA local unions in Chicago, Illinois. In 1926, the late Joseph V. Moreschi was elected to the General Presidency of LIUNA. Moreschi was a member of LIUNA Local 1. Peter J. Fosco was General President of LIUNA from 1968 until his death in1975. Peter J. Fosco's son, Angelo Fosco, was the General President of LIUNA from October 1975 until his death in February 1993. Peter and Angelo Fosco both were members of LIUNA Local 2.

(b) In the summer of 1975, it became known that Peter Fosco was ill and might soon die. In order to maintain control over the affairs of LIUNA, Anthony Accardo, also known as "Joe Batters," who was at that time either the boss or the consigliere of the Chicago

43

LCN family, ordered that co-conspirator Angelo Fosco, Peter Fosco's son and then the regional manager of the Chicago Regional Office of LIUNA, would become the General President of LIUNA. These orders were followed by Angelo Fosco because Anthony Accardo was a leading figure in the Chicago LCN family.

(c) Peter Fosco died in October 1975. At a meeting of the Board held in Chicago, Illinois for the purpose of selecting the new General President, the name of Angelo Fosco was placed in nomination by the late Michael Lorello, then the regional manager of the LIUNA's New York-New Jersey Regional Office and an International Vice-President of LIUNA. Lorello was an associate of the Genovese LCN family. Angelo Fosco was elected by the Board to become the General President of LIUNA.

(d) In the middle 1980's, a high ranking international official of LIUNA began an effort to challenge Angelo Fosco for reelection as General President of LIUNA. This official undertook this campaign because he lacked respect for Fosco and believed that Fosco's conduct harmed LIUNA and the LCN's control of LIUNA. Shortly before the 1986 General Convention of LIUNA, this official met with Joseph A. Todaro, Sr., the boss of the Buffalo LCN family, who advised the official that he should abandon his effort

44

challenge Fosco because the Chicago LCN family would not yield its control of the position of the General Presidency of LIUNA. In addition, shortly before the 1986 General Convention of LIUNA, the official was instructed by unknown LCN figures to stop his effort to challenge Fosco, and he complied. Angelo Fosco was reelected General President of LIUNA without opposition at the 1986 General Convention.

(2) Selection of Regional, District Council and Local Officials:

(a) In 1987, Michael Lorello, then an International Vice-President of LIUNA and regional manager of LIUNA's New York-New Jersey Regional Office, died. After Lorello's death, Ronald Michael Fino, then business manager of LIUNA Local 210,Buffalo, New York, and Samuel J. Caivano, then the assistant regional manager for the New York-New Jersey Regional Office, sought to replace Lorello. In his effort to attain this position, Ronald Fino solicited the assistance of numerous LIUNA officials, including the General Secretary-Treasurer Arthur E. Coia, as well as numerous LCN members, including Joseph A. Todaro, Sr., boss of the Buffalo LCN family, co-conspirator Vincent Solano, a capo in the Chicago LCN family and president of LIUNA Local1, and John M. Riggi, boss of the DeCavalcante LCN family and business manager of LIUNA Local 394located in Elizabeth, New Jersey. Eventually, on instructions

45

delivered to then General 1 President and coconspirator Angelo Fosco, through an intermediary, by co-conspirator Gaspar Lupo, who is described in paragraph 15 h. above, Samuel J. Caivano was selected for the position. Fino was told by both Joseph A. Todaro, Sr., and John M. Riggi that the position belonged to the Genovese LCN family, and they were not willing to give it up. Thereafter, co-conspirator Vincent Solano, a Chicago LCN capo and the president of LIUNA Local 1, offered Fino the position of regional manager of the New Orleans Regional Office of LIUNA. Fino declined to accept this offer, in part, because Joseph A. Todaro, Sr., instructed Fino to decline it. Thereafter, Peter Fosco, the son of General President Angelo Fosco and grandson of the late General President of the union, was appointed to the position by his father, co-conspirator Angelo Fosco.

(b) Co-conspirator Gaspar Lupo, the long-time president of the New York Mason Tenders District Council, was controlled by the Genovese LCN family, of which he was a "made" member. On May 31, 1989, Genovese family cape James Messera commented to members of his LCN crew that, "Gaspar (Lupo) will do anything I tell him . . . . if I tell him to jump off the roof, he'll jump off the fuckin' building." Gaspar Lupo, often accompanied by his son, Frank Lupo, then the business

46

manager of the Mason Tenders, District Council, also regularly visited co-conspirator Anthony "Fat Tony" Salerno, then the boss of the Genovese LCN family, at the Palma Boys Social Club in Manhattan. On June 13,1989, Gaspar Lupo died of natural causes. On June 19,1989, James Messera told members of his LCN crew that in the past "Fat Tony" (co-conspirator Anthony Salerno) had given him instructions concerning the affairs of the District Council. MESSERA also said that he had told" Frankie" (Frank Lupo, Gaspar's son) that as the result of his father's death, he (Frankie) now had the "number one position in the District Council" and that "we'll make the decisions." He also said that he had told" Frankie" that he should arrange raises and new cars for LCN members LOU CASCIANO and Al Soussi, both of whom held positions on the district council. On June 19,1989, Frank Lupo became head of the Mason Tenders District Council. Thereafter, at the direction of James Messera, Frank Lupo appointed Louis Casciano as the assistant to the president of the district council and authorized substantial salary increases and new cars for both CASCIANO and Albert Soussi. Several days later, MESSERA told members of his crew, "if I gotta worry . .. his son [Frank Lupo] fuckin' me, then he ain't gonna last. He won't be there five minutes . . . I don't give a fuck if it's Lupo's son, I'll take this motherfucker

47

down in one second and he won't be there no more. That ain't the problem . . . I put him there, because I figured he's qualified and it's only right. . . because he was second in line . . . Gaspar was put there by his father and Joe ["Joe Lefty" Loiacono] had him there." Ernest M. Muscarella, current supervisor of field representatives for the Mason Tenders District Council Trust Funds, replaced James Messera as the Genovese LCN family overseer of the Mason Tenders District Council after Messera went to prison in 1991.

(c) In 1973, Ronald M. Fino was elected to the combined positions of business manager and secretary-treasurer of LIUNA Local 210, Buffalo, New York. Prior to seeking this position, Fino sought permission from Sam Frangiamore, then the boss of the Buffalo LCN family, to run for the office. Frangiamore told Fino that he could seek the offices, but only if Fino agreed that Daniel G.Sansanese, Jr., the son of a leading member of the Buffalo LCN family, would be given the position of secretary-treasurer of Local 210. Since splitting the joint office of business manager and secretary-treasurer required the approval of the LIUNA General Executive Board, Fino met with Peter Fosco, then the General President of LIUNA, in Washington, D.C. to discuss the issue. During the meeting, Fino told Fosco that the boss of the Buffalo LCN family had ordered that

48

the offices of secretary-treasurer and business manager of Local 210 were to be split and the office of secretary-treasurer was to be given to Daniel G.Sansanese, Jr. Peter Fosco told Fino that because the Buffalo LCN family wished this, it would be done at the next meeting of the General Executive Board. A few months later, Fino received notice that the General Executive Board had authorized the offices of business manager and secretary-treasurer to be split. Subsequently, Daniel G. Sansanese, Jr., was appointed to the office of secretary-treasurer of Laborers' Local 210 by the Executive Board of that local.

(d) On July 11, 1994, Leonard Falzone, the consigliere of the Buffalo LCN family, while serving as the administrator of the benefit funds for LIUNA Local 210, Buffalo, New York, was convicted of RICO and RICO conspiracy in relation to the collection of unlawful debts through the use of implicit threat of violence, in violation of Title 18, United States Code, Section 1962 (c) and (d). Sentencing of Falzone is pending. Following his conviction, Leonard Falzone was replaced as administrator of the Local 210benefit funds by his brother, Frank Falzone.

(e) In 1987, Louis M. Giardina, a "made" member of the Gambino LCN family, while serving as president of LIUNA Local 23, New York City and treasurer of the Mason

49

Tenders District Council was convicted of RICO conspiracy, as alleged in paragraph 83 f. below, and sent to prison. In order to maintain control of Local23 and to protect the Gambino LCN family's interests, Salvatore Gravano, then the underboss of the Gambino LCN family, arranged to have Louis Giardina appoint Joseph DeLMonico, also known as "Joe Brewster," a "made" member of the Gambino family, to the position of organizer at Local 23. Gravano also directed John Gammarano, a "made" member of the Gambino family, to work with DelMonico to maintain control of Local 23.

(f) In 1988, Peter A. Vario, also known as "Butch," was convicted of various offenses as set forth in Racketeering Acts Nos. 98 through 100 below and, prior to sentencing and before any action by LIUNA to remove him, resigned from his position as business manager of LIUNA Local 46, Queens, New York, by order of the court. In December 1988, after Vario's court- ordered resignation, LIUNA placed Local 46 under trusteeship. Between 1989 and 1991, a dispute arose between the Genovese LCN family and the Luchese LCN family over which LCN family would have control of Local 46 following the termination of the trusteeship. The Genovese family objected to the placement of Joseph Luciano, the Luchese supported candidate, as president of Local 46. At a meeting in the later part of 1989,

50

attended by members of the Genovese family and members of the Luchese family, none of whom were LIUNA officials it was decided that the office of president of Local 46 "belonged" to the Luchese family and that the position should go to Luciano. Thereafter, Joseph Luciano was returned to the position of president of LIUNA Local 46 and currently remains in that office.

(g) After he was hired as a clerk by LIUNA Local214, Oswego, New York in 1978, Ronald P. Scaccia, who was barred by Title 29, United States Code, Section 504from holding union office, functioned as the de facto business manager of Local 214. During that period of time, Anthony DeStefano, a "made" member of the Buffalo LCN family who died in 1992, directed Ronald P. Scaccia in the selection and appointment of union officials and employees, including the selection of Kevin LeRoy as business manager of Local 214, and Mark Cordone, Anthony DeStefano's nephew, as sergeant-at-arms.

(h) Anthony Lanza, also known as "Nino," is the administrator for the Mason Tenders District Council Trust Funds. Lanza is an associate of the Genovese LCN family who was placed in the position of funds administrator by then president of the Mason Tenders District Council, Gaspar Lupo, at the behest of coconspirator Anthony "Fat Tony" Salerno, then the boss of the Genovese LCN family.

51

(i) Salvatore Lanza, the secretary-treasurer of LIUNA Local 30 and a delegate to the Mason Tenders District Council, recently assumed the position of secretary-treasurer of the district council, replacing Joseph C. Loiacono, Jr., the son of now deceased Genovese-capo Joseph "Joe Lefty" Loiacono. Lanza formerly was the recording secretary for the district council. Salvatore Lanza, who also holds the appointed position of Administrator of LIUNA's New York state LECET (Laborers-Employers Cooperation and Education Trust) fund, is an associate of the Genovese LCN family and, along with Mason Tenders President Frank Lupo, frequently meet with Genovese family boss Anthony "Fat Tony" Salerno at Salerno's social club to discuss union business.

(j) The 1993 U. S. Department of Labor LM-2 for the LIUNA District Council of Chicago lists the following as officers of the district council: Ernest Kumerow, the son-in-law of co-conspirator Anthony Accardo and president of LIUNA Local 1001,as president; Joseph Lombardo, the son of Chicago LCN family capo Joseph A. Lombardo, as secretary-treasurer; and Frank Caruso, president of Local 1006and a made member and son of late Chicago LCN family member, Frank "Skids"' Caruso, as sergeant-at-arms, each of whom is referred to in subparagraphs e. (7)-(9)- of this paragraph below. In

52

addition, the LM-2 lists John Matassa, an associate and suspected member of the Chicago LCN family and the president of LIUNA Local 2 and a former special international representative of LIUNA, as a trustee, and Michael Blasi, the son of Chicago LCN family member Dominick "Butch" Blast, as a field representative. Ernest Kumerow and Joe Neroni were recently replaced as president and vice-president of the district council, positions they had held since at least 1983, by Bruno Caruso, the brother of Frank Caruso, referred to in subparagraph e. (8) of this paragraph below, and John Matassa, respectively. Frank Caruso also recently assumed the position of assistant director of the Laborers Pension Fund for Chicago and Vicinity.

(k) LIUNA Local 2 in Chicago has provided the union base for the Fosco family and a source of employment for Chicago LCN family members and associates. Past LIUNA General Presidents Peter Fosco and his son, coconspirator Angelo Fosco, were members and one-time officials in Local 2. James P.Fosco served as business manager of the local from at least 1970 through 1983, and James V. Fosco served as president from at least 1970 to 1985.Anthony Fosco held the position of union auditor from 1981 through 1991. Chicago LCN associate John Matassa has been the president of Local 2 since1989, having previously held the positions of business

53

manager and business representative of the local. Vince DiVarco, the current recording secretary, is the son of deceased Chicago family member Joseph" Caesar" DiVarco and the son-in-law of LCN associate and former Chicago District Council official James Caporale, referred to in sub-paragraph c.(7) of this paragraph below.

b. Acts of Violence to Control LIUNA: LCN has used violence to perpetuate its control and intimidate the members of LIUNA, including, but not limited to, the following examples:

(1) On February 6, 1972, Joseph Caleb, president of Laborers' Local 478 in Miami, Florida, and a person gaining in popularity among the Laborers' Union rank and file members in Miami, was murdered after returning to Miami following his attendance at a union function in Orlando, Florida.

(2) On May 8, 1974, John Cammilleri, a "made" member of the Buffalo LCN family and a member of LIUNA Local210, Buffalo, New York, was shot and killed by unknown assailants as he emerged from a restaurant after celebrating his birthday. In 1973, Cammilleri had supported a successful slate of candidates, which included Ronald M. Fino and Daniel G. Sansanese, Jr., for election to various offices in Local 210 challenging long-time Local 210 business manager and secretary-treasurer, Victor Randaccio, the brother of the incarcerated Buffalo LCN underboss, Frederico "Freddy The Wolf" Randaccio. In return for his support, Cammilleri

54

asked Fino for appointment to a position in Local 210, a request which had been communicated to the leaders of the Buffalo LCN family. Cammilleri was never appointed to a position in Local 210.

(3) On November 8, 1979, John Paul Spica, president of LIUNA Local 42, St. Louis, Missouri and an associate of the St. Louis LCN family, was sitting in his automobile when the automobile exploded, killing him. The bombing was carried out by Raymond Flynn and another, after they discovered that Spica planned to murder FLYNN and take control of Local 42 from FLYNN. In1987, FLYNN was convicted of participation in the Spica murder, as alleged in Racketeering Act No. 11 below.

(4) On March 7, 1980, William Michael Sciolino, a "made" member of the Buffalo LCN family and a member of LIUNA Local 210 who had been providing information to the Federal Bureau of Investigation, was murdered because it was suspected by the LCN that Sciolino was providing evidence to the F.B.I. about the control of Local 210 by the Buffalo LCN family. Sciolino's body was found hanging by his neck in a construction trailer near Buffalo, New York.

(5) On July 25, 1981, various persons associated with the Chicago LCN family attempted to murder Alfred Pilotto because the persons who conspired to commit the murder thought that Pilotto might cooperate with law enforcement

55

officials regarding his activities as an official of the Laborers' Union and a capo in the Chicago LCN family.

(6) On July 18, 1982, Ben Medina, a reform candidate for office in LIUNA Local 332, Philadelphia, Pennsylvania, and a friend of then LIUNA International Vice-President, Robert Powell, who had considered challenging Angelo Fosco for the position of General President, was beaten to death.

(7) In December 1982, John H. Polito, a member of LIUNA Local 435 in Rochester, New York, was assaulted by several individuals after he criticized local officials at a union meeting for permitting organized crime figures to influence and control the local union.

c. Appointment and Retention of Corrupt LIUNA Officials to Control LIUNA: Various entities at all levels of LIUNA have repeatedly approved the appointment of persons with known criminal histories or organized crime ties to union offices and union employment and have allowed corrupt officials to remain in office, as is illustrated by the following examples:

(1) In 1938, Anthony D. Liberatore was convicted of the murder of a police officer and sentenced to serve life in prison. In approximately 1957, Liberatore's sentence was commuted to murder in the second degree by the Governor of Ohio, and he was paroled in 1958.Shortly after his release from prison, Liberatore waselected to the position of business manager of LIUNA Local 860. Liberatore held this position until at least19~79, when he was arrested as one of

56

the FBI's ten most-wanted fugitives and convicted of bribery, as set forth in paragraph 14. g. above.

(2) In 1968, Daniel Domino, a steward of LIUNA Local210, Buffalo, New York and a member of the Buffalo LCN family, was sent to jail for extortion. He was released from custody in approximately 1975. On instructions from Joseph Pieri, then a leading figure in the Buffalo LCN family, Domino was hired as a business agent of LIUNA Local 210. Another business agent was fired to make room for Domino. When it was discovered that federal law(Title 29, United States Code, Section 504) prohibited Domino from holding that position, his title was changed to "clerk," but he was paid the same salary and benefits. Domino held this position and later became a business agent and then president of LIUNA Local 210until approximately 198S, when he was fired by the business manager on orders from Joseph A. Todaro, Sr., and Joseph A. Todaro. Jr., the boss and underboss of the Buffalo LCN family, respectively, because he was aligned with a faction of the Buffalo LCN family with which the Todaros were at odds.

(3) On March 10, 1975, in the United States District Court for the Western District of New York, Misc. filing, Salvatore Caci, an associate of the Buffalo LCN family and then president of LIUNA Local 210 and former director of benefit plans for LIUNA Local 210, was incarcerated as a recalcitrant witness before the grandjury, pursuant to