Can We Stop The Demobrocrats
reallyveryradical
WASHINGTON--Organized labor is enormously influential in the Democratic
primary, as the campaigns of 2008 presidential candidates seek
endorsements from the major labor federations and member unions.
In the next week three labor (LIUNA, SEIU, Change to WIn) presidential
forums--two in Chicago--will feature presidential candidates. There's a
lot of schedule jockeying on Monday. Before heading to Washington,
Obama has an economics speech in New York City in the morning and
Clinton delivers her plan to deliver universal health care coverage in
Iowa.
*On Monday and Tuesday, LIUNA-the Laborers' International Union of
North America hosts a Leadership Conference at the Chicago Sheraton
Hotel and Towers. Hillary Clinton, John Edwards and Joe Biden speak on
Monday. Bill Richardson on Tuesday. Barack Obama is not scheduled to
attend"
above from
http://blogs.suntimes.com/sweet/2007/09/sweet_blog_special_dem_preside.html
In the Matter of Alan D. Wasserman
Laborers' International Union of North America
Independent Hearing Officer
Docket No. 97-57D
Decided October 7, 1998
Order and Memorandum
This Order and Memorandum supercedes the Order and Memorandum of
August 28, 1998 ("August 28 Order"). This Order and Memorandum
addresses objections to the August 28 Order filed by Attorney Arnold
J. Gold on behalf of the Respondent. The procedural history of this
matter is discussed below in detail.
This matter comes before the Laborers' International Union of North
America ("LIUNA") Independent Hearing Officer ("IHO") pursuant to the
LIUNA Constitution and Ethics and Disciplinary Procedure ("EDP").
On December 29, 1997, the LIUNA General Executive Board Attorney ("GEB
Attorney") filed Disciplinary Charges against Alan D. Wasserman
("Wasserman"), alleging violations of federal law and the EDP.
Specifically, Wasserman is charged with knowingly associating with a
La Cosa Nostra ("LCN") organized crime family, racketeering, demanding
labor payoffs from contractors, offering to allow employers to pay
LIUNA members less than union-scale wages and benefits, and
obstructing the GEB Attorney and the Inspector General ("IG").
A hearing was held in Newark, New Jersey on May 27, 1998. Wasserman
did not appear at the hearing, but was represented by counsel, Arnold
Jay Gold ("Gold"). At the hearing, Attorney Gold stated that his
client was depressed and unable to assist him in his defense. In
support, Gold presented a letter of a medical doctor who stated that
Wasserman suffered from a "Major Depressive Disorder," resulting in
anger and depression. IHO Exhibit 1. The letter gave no opinion that
such a disorder rendered him unable to assist in his defense but
merely indicated that Wasserman's ability to testify was impaired.
Id. No evidence was offered to show Wasserman could not aid in his
defense. I decided to proceed with the hearing but told Gold that if
he desired an additional session to present new evidence based on the
cooperation of his client, he should inform me and a hearing would be
arranged.
At the conclusion of the hearing, I instructed both parties to inform
me by June 15, 1998, whether they wished the record to remain open
pending the submission of additional evidence. The parties were also
instructed to submit post-hearing briefs three weeks following June
15, 1998. I stated "You have until June 15th to let me know what
other plans you have, whether to close or keep the record open."
Hearing Transcript of May 27, 1998 ("Tr.") 220.
On June 12, 1998, the GEB Attorney requested that the matter remain
open until July 13, 1998. The request was granted. On July 13, 1998,
the GEB Attorney filed a motion to admit testimony regarding a
confidential witness. On July 14, 1998, the GEB Attorney filed the
original and one copy of all exhibits presented at the May 27, 1998
hearing. Wasserman filed no response to the motion to admit the
confidential witness testimony.
From the date of the hearing on May 27, 1998, Wasserman made no
communication with my office. Attorney Gold made no effort to contact
my office regarding his client's mental status or his intention to
offer any additional evidence. I filed the August 28 Order which
dealt with the merits of the case. On September 2, 1998, Attorney
Gold by letter to my office complained of not having had an
opportunity to present a defense or file a post-hearing brief. Gold's
letter was Wasserman's first contact with my office in over three
months. I issued an Order placing the August 28 Order in suspense and
treating the August 28 Order as a proposed Order. See IHO Order
September 4, 1998. I permitted both parties to file written
objections and conclusions to the proposed order with arguments to
support their conclusions. I clearly stated that objections and
arguments were to be filed by September 28, 1998. Despite the
September 4, 1998 Order, Attorney Gold sent my office a letter
indicating he wished to discuss a timetable for the completion of
evidence after October 1, 1998, including the possibility of having
his client testify. I denied Gold's request to hold the record open
until after October 1, 1998, but gave Attorney Gold until October 2,
1998, to file objections to the August 28 Order. I also requested
Attorney Gold to include an affidavit outlining the proposed testimony
of Wasserman. Gold filed timely objections. In his objections, Gold
asserted that Wasserman was able to appear and testify; however, he
did not submit any proposed testimony by Wasserman as requested. I
find that there is no credible evidence that Wasserman ever intended
to appear.
Qualification Of Expert Witnesses
The GEB Attorney called Jack Elko ("Elko") and Jeffrey Schaffler
("Schaffler") as expert witnesses.
Jack Elko
Elko was a police officer for 25 years. Tr. 104. During the last 14
of those years, Elko specialized in organized crime investigations for
the Division of Criminal Justice of the Office of the Attorney General
of New Jersey. Id. Prior to his employment with the Division of
Criminal Justice, Elko was employed as an investigator with Morris
County in Morristown, New Jersey. He attended numerous service
schools, including the New Jersey State Police Academy, courses
offered by the Division of Criminal Justice, Seton Hall Law School and
the Federal Bureau of Investigation ("FBI") on organized crime and the
illegal activity usually perpetrated by organized crime. Tr. 105.
Elko testified in this proceeding as an expert in the make-up and
structure of organized crime, specifically in the Newark area. This
technique has been accepted in similar union disciplinary matters.
See e.g., United States v. IBT (Senese & Talerico) 745 F. Supp. 908,
914-15 (S.D.N.Y. 1990), aff'd United States v. IBT (Senese &
Talerico), 941 F.2d 1292 (2d Cir. 1991).
Elko used tested and accepted investigative techniques to verify the
credibility of the individuals whose information he related at the
hearing. Elko testified as to information and hearsay statements of
five named witnesses. Tr. 109-158. In similar circumstances, the
court in United States v. IBT (Cimino), 964 F.2d 1308 (2d Cir. 1992),
at 1312; aff'g 777 F. Supp. 1130 (S.D.N.Y. 1991), gave evidentiary
weight to hearsay declarations of three LCN members that were related
by an FBI agent. The court used a number of factors to evaluate the
reliability of the statements. The court noted that the statements
corroborated each other in crucial respects, the reports painted a
consistent picture of the relationship of the individuals and the
statements matched the FBI agent's declaration in the subject matter.
Id. The court held that these declarations constituted relevant
evidence that a reasonable mind might accept on the subject of
association with organized crime. Id.
I find that Elko is a qualified witness, expert in organized crime
matters, and his testimony, in conformance with accepted investigative
techniques, is reliable.
Elko related information given to him by five named individuals
described below, three of whom have cooperated with federal
authorities and two of whom are law enforcement officers.
Rocco Cagno
Rocco Cagno ("Cagno") is a made member of the Colombo organized crime
family and a former member of LIUNA Local Union 342 ("Local 342"). Tr.
109. Cagno became a made member in 1987; thereafter, he was
incarcerated. The record does not reflect the reason for his
incarceration.
He was released from prison in 1990 and his movements were monitored
by an electronic bracelet. As a condition of his release, Cagno was
required to gain employment. He became employed by Local 342 through
the influence of Colombo family members and Anthony Proto, who was
then the Business Manager of Local 342. Tr. 114. Cagno is currently
in the Federal Witness Protection Program. Elko had the opportunity
to speak with Cagno in October 1997 concerning the various organized
crime affiliations within Local 342. Tr. 109.
Thomas Ricciardi and Anthony Tumac Accetturo
Thomas Ricciardi ("Ricciardi") and Anthony Accetturo ("Accetturo") are
both made members of the Lucchese organized crime family and are also
in the Federal Witness Protection Program. Tr. 117. Accetturo had
been the acting boss of the New Jersey faction of the Lucchese
family. Id.
Steve Montgomery and Lt. Dennis Masucci
Elko also based his opinion on information supplied to him by two law
enforcement officers, Lieutenant Dennis Masucci ("Masucci") and Steve
Montgomery ("Montgomery"). Masucci is a law enforcement officer from
the Essex County Prosecutor's Office in New Jersey. Tr. 126-27. The
information provided by Masucci is based upon confidential informant
sources proven reliable in the past, who gave Masucci information
which resulted in the arrest of organized crime members, including
Gambino organized crime family members in Essex County. Tr. 128.
Montgomery is an FBI Special Agent in Newark, New Jersey and had been
assigned to the Gambino family organized crime unit. Tr. 127.
Montgomery's information is also based on his personal investigation
and confidential sources.
The testimony of Cagno, Ricciardi and Accetturo are corroborated by
each other and by the information supplied by Masucci and
Montgomery.
Jeffrey Schaffler
Schaffler was a federal agent for approximately 30 years. Tr. 160.
He spent his last years as a special agent with the Office of Labor
Racketeering, United States Department of Labor ("DOL"). Id.
Schaffer has been a supervisory special agent for DOL, and thereafter,
an assistant special agent in charge of a DOL investigation office.
Id. Schaffler is currently under contract to the Office of the
Inspector General of the Port Authority of New York and New Jersey.
His duties involve investigation of contractors who do business with
the Port Authority, the operation of construction projects, the manner
in which construction bids are made, contract fraud and wage and hour
issues. Tr. 159-60. Schaffler testified in this proceeding in the
capacity of an expert in the labor field.
I find that Schaffler is a qualified expert witness in the labor
field.
Findings of Fact
Structure of Organized Crime
1. The LCN is a tightly structured
criminal organization which operates in various cities throughout the
United States. It is in the business of crime for a profit.[1]
2. The LCN is comprised of groups of individuals organized into
entities called families. Tr. 105.
3. A typical LCN family structure consists of the head (the
"boss"), his assistant (the "underboss"), and an advisor (the
"consigliere"). The boss, underboss, and consigliere oversee the
activities of LCN members and their associates. LCN members within a
family operate in small groups called "crews" which are headed by men
called "capos" or "crew bosses." Tr. 106.
4. A "made member" is an individual within an LCN family who
has undergone an initiation process and sworn allegiance to that
family putting the family above everything else. Tr. 106. See also
United States v. Tortona, 922 F.2d 880, 885 (1st Cir. 1990).
5. An "associate" is an individual who works under a capo and
assists made members, but who has not been formally initiated into the
family. Tr. 106. An associate may either earn his living by
performing illegal acts on behalf of an LCN family or he may have an
ostensibly legitimate job while at the same time assisting a
particular LCN family in the acquisition of profits and monies. Tr.
129-30.
6. Both members and associates engage in activities which bring
money to an organized crime family. Tr. 106. Traditionally, an
associate could only become a made member by participating in the
murder of an individual. In more recent times, an associate may
become a made member based upon the benefits he is able to produce for
that family, such as earning large sums of money or exercising
influence in business or politics. Tr. 106-07.
7. A number of LCN families are located in the New York/New
Jersey area, including the Gambino, Lucchese, and Colombo families.
The LCN's History Of Control Over Local 342
8. The evidence presented during the hearing establishes by a
preponderance of the evidence that Local 342 in Newark, New Jersey has
been subject to LCN control for many years.
9. From at least the 1970's, the Gambino and Colombo organized
crime families have shared control of Local 342. Tr. 110. The two
families shared illegal profits from contractors within their
jurisdiction by soliciting money for labor peace and outright
extortion. Tr. 110, 114, 131. Members and associates of both
families were placed on the labor payroll with various contractors
through Local 342. Tr. 110, 114. The relationship between the two
families later shifted to an arrangement where the Colombo family
received preferential treatment for placement of workers at particular
contract sites, but no longer shared in racketeering labor profits.
Tr. 111-12.
10. The New Jersey Organized Crime Task Force ("Task Force") was
created by the State of New Jersey in 1986. Tr. 132. From that time
to the present, the Task Force and other law enforcement entities have
documented the Gambino family infiltration of Local 342. Id.
11. Paul Castellano ("Castellano") was the boss of the Gambino
family in New York. After Castellano's murder in December 1985, he
was succeeded by John Gotti ("Gotti") in January 1986. Id.
12. Michael Mandaglia ("Mandaglia") had been the Business Manager
of Local 342 for several years prior to the Task Force's creation in
1986. Id. According to Elko, court authorized electronic surveillance
revealed that Mandaglia had given Castellano $5,000 a year from the
New Jersey faction of the Gambino family. Id. Mandaglia gave Robert
Bisaccia ("Bisaccia"), the former Vice President of Local 342, $2,000
a year. Id. Bisaccia was a Gambino family member later incarcerated
for racketeering. Tr. 138.
13. In 1986, Mandaglia retired from Local 342 and was succeeded as
Business Manager by Anthony Proto ("Proto"). Tr. 133. Proto was a
made member of the Gambino family. Tr. 117, 133.
14. In August 1991, Alfred "Al" Andrade ("Andrade") assaulted a
coffee truck vendor in downtown Newark, New Jersey. Tr. 133-34. The
assault was a result of the vendor's failure to pay Andrade $500 a
month for permission to park the vendor's vehicle on a particular
street corner in Newark. Tr. 134. The vendor's vehicle was smashed
with a sledgehammer. Id. The police responded and, after a period of
time, Andrade was arrested. Id. Months later, with the victim's
approval, the charges were downgraded to simple assault, not pursued,
and the vendor immediately left New Jersey and moved to South
Carolina. Id.
15. At the time of the assault, Andrade was a shop steward of
Local 342. Tr. 134. Cagno was present at the scene. Cagno stated
that Andrade's accomplice for the assault was Wasserman, who at the
time was an employee of Local 342. Id.
16. In 1987, the Task Force launched an investigation into
organized crime influence in New Jersey. The investigation employed
court authorized electronic surveillance and other investigative
techniques. The investigation resulted in the indictment of numerous
Gambino family members for labor racketeering in New Jersey, one of
whom was Proto, the former Business Manager for Local 342. Tr. 133.
Proto was convicted and incarcerated for labor racketeering in 1993.
Tr. 110. Proto was later permanently expelled from LIUNA in a
separate disciplinary action. See In the Matter of Anthony Proto, IHO
Order and Memorandum, 97-09D (March 26, 1998).
17. After Proto's incarceration in 1993, he unofficially appointed
his son, James Proto, as the Business Manager of Local 342. Tr. 133.
Andrade became a Business Agent of Local 342 at that time, assisting
James Proto with his duties. Tr. 134.
18. While Andrade was Business Agent and James Proto was Business
Manager, Wasserman was appointed as a shop steward for Local 342. Tr.
147.
19. James Vallaro ("Vallaro") was an associate of the Gambino
family in Staten Island, New York. Vallaro's father was a made member
of the Gambino family and a high volume bookmaker. Tr. 135.
Following the 1993 convictions of other Gambino family members,
Vallaro moved to New Jersey and became a member of Local 342. Id.
20. At the time of his move, Vallaro was unknown to law
enforcement in New Jersey. Tr. 136. Elko became aware of Vallaro's
presence and involvement in the LCN through electronic surveillance
which he supervised for the Organized Crime Bureau. Tr. 135. The
information about Vallero which Elko obtained from the surveillance
was verified by Cagno. Tr. 136.
21. Vincent "Juicy" DiModica ("Juicy DiModica") was a member of
Local 342. Juicy DiModica was also made member of the Gambino family
and responsible for the New Jersey area, including all the Gambino
family members and associates within Local 342. Tr. 109, 113.
22. As a result of the 1993 incarcerations of Proto and Robert
Bisaccia, former Vice President of Local 342, Juicy DiModica was
elevated to acting capo of the Gambino family. Tr. 115-116. Elko
testified that he learned this fact from intelligence sources,
discussions with Cagno and interviews with other organized crime
members, including Ricciardi and Accetturo. Tr. 117-19.
23. After Proto's incarceration, Cagno became concerned about the
distribution of money and work for the Colombo family members within
Local 342. Tr. 116. Cagno related his concerns to members of the New
York City Colombo family. Id. Cagno was approached within the next
week by Andrade at a Local 342 membership meeting. Id. Andrade
requested that Cagno attend a meeting with Juicy DiModica at the
Kenilworth Inn on the Garden State Parkway. Id.
24. Cagno and Juicy DiModica, as representatives of their
respective families, attended certain meetings at the Kenilworth Inn.
Tr. 114-15. At the meetings, Juicy DiModica told Cagno that his son
James DiModica, Wasserman, and Andrade were acting on behalf of Juicy
DiModica and the Gambino family. Tr. 114.
25. Vallaro assisted Juicy DiModica in the day-to-day operations
of Local 342 for the Gambino family. Tr. 135. The now public
electronic surveillance revealed that Vallaro met on a daily basis
with Andrade to discuss labor issues within Local 342. Tr. 138.
During a 30-day period, 30 telephone calls were intercepted, both
incoming and outgoing, from Vallaro's and Andrade's homes regarding
labor issues and Local 342. Id.
26. Conversations over prison telephones of Proto, Casarro, and
Bisaccia were intercepted and monitored. Id.
27. In April 1994, a conversation was intercepted between Joseph
Vallaro and Cassarro who was in state prison. Tr. 140. Joseph
Vallaro told Cassarro that he and Juicy DiModica had met with the
consigliere of the Gambino family in New York. Id. Joseph Vallaro
told Cassarro that James Proto, the Business Manager of Local 342, was
not making any money for them and that they would be broke in two
months. Elko testified that he understood this conversation to mean
that James Proto was not being forceful enough in extracting money
from contractors for Local 342. Id.
28. Elko testified that after the Vallaro/Cassarro telephone
conversation, James Proto remained Business Manager of Local 342 for
approximately one year. Id. James Proto was replaced by Wasserman.
Id.
VHR Construction
Charge I:
In or around December 1995, Alan D. Wasserman, while a member and
representative of LIUNA Local 342, committed "barred conduct" in
violation of the LIUNA Ethics and Disciplinary Procedure by committing
an act of racketeering, in that Wasserman did request and demand money
or a thing of value from VHR Construction, an employer engaged in an
industry affecting interstate commerce, when Wasserman asked for a
payoff in form of a "Christmas gift" while being a Union member and
representative (29 U.S.C. §186(b)(1)).
Charge II:
From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
employer while being a Union member and representative, in violation
of the "Business and Financial Activities of Union Officials" Chapter,
Introductory Paragraph, Section 2 and Section 4, of the LIUNA Ethical
Practices Code.
29. In 1995, the LIUNA IG's Office in Washington received
information from New Jersey Regional Vice President, Ray Pocino, that
a contractor who desired confidentiality had alleged that Wasserman
had demanded $25,000 from a contractor in New Jersey, possibly at the
Newark International Airport, and had caused the contractor's
equipment to be damaged. The contractor stated specifically that one
piece of equipment was filled with concrete and another piece was
pushed off a floor of a building. Tr. 20. Although this statement is
pure hearsay, the specificity of the description of the damage is
corroborated later in interviews with a company official.
30. The IG sent investigators to Newark to verify the
allegations. Id.
31. VHR Construction was a general contractor at the Newark
Airport and signatory to a collective bargaining agreement with Local
342. Tr. 21, 23.
32. Victor Wortman ("Wortman") is the president and owner of VHR
Construction. Tr. 21.
33. In March 1996, IG Inspectors met with Wortman at his office in
Englewood, New Jersey. Tr. 21-23. Wortman told the IG Inspectors his
company was not the victim of the equipment damage, but he had heard
about the incident. Tr. 22.
34. Wortman said he knew Wasserman was working as the shop steward
at Wortman's job site at the Newark Airport. Tr. 22-24.
35. Wortman said that he and his staff had threatened to dock
Wasserman's pay because Wasserman frequently left the job site for two
or three hours at a time. Tr. 24. As a result, Wasserman came to
Wortman's office to discuss the issue during the weeks before
Christmas of 1995. Id.
36. Wasserman was accompanied to the meeting by James DiModica who
was also a member but not an officer or even a steward of Local 342.
Tr. 28-29.
37. During Wortman and Wasserman's conversation about Wasserman's
hours, James DiModica suddenly asked Wortman for a Christmas gift.
Tr. 29. Wortman refused. Tr. 37. Wasserman made no attempt to
dissuade James DiModica from his request. Attorney Gold contends the
record is silent as to Wasserman's participation in the request.
Under the circumstances, I find that Wasserman brought James DiModica
to the meeting to make the request and fully approved of the demand.
38. At the hearing in the instant matter, Schaffler testified
that, in his expert opinion of the construction industry, labor
payoffs are usually made at Christmastime or at the beginning of the
summer or late spring. Tr. 167.
39. It was also Schaffler's expert opinion, based on his
experience, James DiModica's request for a Christmas gift was the
solicitation of a bribe. Tr. 165. I find that under the
circumstances all parties understood that the meaning of the request
was not for a nominal or token gift. Attorney Gold objects to the
hearsay testimony of Wortman. In the Discussion, infra, I concluded
that Wortman's testimony was corroborated by other testimony, and is
reliable.
40. Attorney Gold argues that Wasserman visited Wortman to discuss
the matter of his pay being docked for continually leaving the job.
Gold argues that Wortman is obviously biased against Wasserman because
of Wasserman's legitimate demand for his pay. The argument has little
weight since Wasserman and Wortman entered into an agreement settling
the matter.
B.J. McGlone & Co. Inc.
Charge III:
From 1994 to 1995, Alan D. Wasserman, while a member and
representative of LIUNA Local 342, committed "barred conduct" in
violation of the LIUNA Ethics and Disciplinary Procedure by committing
an act of racketeering, in that Wasserman did request and demand money
or a thing of value from B.J. McGlone & Co., Inc., an employer engaged
in an industry affecting interstate commerce, when he demanded labor
payoffs from an employer while being a Union member and representative
(29 U.S.C. §186(b)(1)).
Charge IV:
From 1994 to 1995, Alan D. Wasserman, demanded labor payoffs from an
employer and offered to allow that employer to use non-Union labor or
to pay LIUNA members less than Union-scale wages and benefits, and in
so doing violated his obligation as a member of the Union to refrain
from interfering with the proper conduct of Union business, in
violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
Constitution and the "Business and Financial Activities of Union
Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
of the LIUNA Ethical Practices Code
41. B.J. McGlone ("McGlone") is a company located in New Jersey
which provides fireproof material and services. Tr. 47. McGlone
performed and worked at the Newark Airport job site in 1994.
42. In August 1997, IG Inspectors spoke with an officer at McGlone
who was involved in managing one of the job sites at the Newark
Airport. Id. 47. The officer spoke with them on condition that his
name would not be repeated to anyone outside of the interview.
Although he requested anonymity, the record is clear that he was an
officer of McGlone, that he was involved in the operation of the site,
and that he dealt with Wasserman. The probative value of this
testimony will be discussed below.
43. The officer knew Wasserman was an officer of Local 342 and the
shop steward at the McGlone job site at the Newark Airport. Tr. 47,
55.
44. At the beginning of 1994, the officer and Wasserman had a
conversation about placing safety equipment on the job site. The
officer told Wasserman the equipment was not necessary. Tr. 52. The
company did not install the equipment and the job commenced. Id.
45. Two pieces of equipment were subsequently damaged at the job
site. Id. One spray machine was filled with concrete and another was
pushed off an elevated floor and fell to the ground. Tr. 53. The
resulting damage to the equipment was between $8,000 and $15,000. Tr.
170. This description corroborates the description of the damage in
the anonymous report made to the IG.
46. Schaffler testified that it is common practice when a company
does not comply with demands for payoffs from LCN controlled unions,
the union may resort to intimidation methods to frighten the company
officials. Id. A common method is to damage equipment. Id.
47. The officer subsequently had a conversation with Wasserman in
which the officer told Wasserman the equipment was damaged and said
"this is not the way for you to put your people to work." Tr. 53.
Wasserman made no reply to this accusation and requested a meeting.
Tr. 54
48. Wasserman, James DiModica, and the officer met at a restaurant
in New Jersey. Tr. 54. Wasserman told the officer that in exchange
for $10,000 to $20,000, McGlone would be free to run the job site
without interference and the company need only pay the workers enough
to "buy a ham sandwich." Tr. 54-55. The officer responded that it
was not his decision to pay the money and that he would have to refer
them to his boss. Tr. 55. The evidence does not indicate whether the
money was paid.
49. Schaffler testified that he was familiar with the terms "give
them enough for a sandwich" or "give them enough for a hat." It was
Schaffler's opinion that the statement made by Wasserman, "pay the
workers enough for them to buy a ham sandwich," under the
circumstances, meant the workers could be paid a moderate amount for
work completed, but the company would not have to adhere to all terms
of the collective bargaining agreement, including paying fringe
benefits such as overtime and adhering to all safety standards. Tr.
168. In Shaffler's opinion, in return for the payment, Wasserman and
James DiModica would take responsibility for handling any complaints
from the workers. Id.
50. Attorney Gold argues that the testimony of the McGlone
official is not credible. Gold states that the official is biased
against Wasserman because Wasserman came to the meeting to discuss
legitimate safety issues at McGlone, and the official was upset at
being confronted with safety violations. This argument has little
weight because substantial damage had been done to McGlone's
equipment. It would be more cost effective for McGlone to address
legitimate safety issues than to damage its own equipment and blame
Wasserman. I find the official's representation of the events to be
credible, and corroborated by other evidence. See the Discussion,
infra.
E & S Construction
Charge V:
In or around July 1996, Alan D. Wasserman, while a member and
representative of LIUNA Local 342, committed "barred conduct" in
violation of the LIUNA Ethics and Disciplinary Procedure by committing
an act of racketeering in that Wasserman did request and demand money
or a thing of value from E&S Construction, an employer engaged in an
industry affecting interstate commerce, when he demanded labor payoffs
from an employer while being a Union member and representative (29
U.S.C. §186(b)(1)).
Charge VI:
In or around July 1996, Alan D. Wasserman, demanded labor payoffs from
an employer and offered to allow that employer to use non-Union labor
or to pay LIUNA members less than Union-scale wages and benefits, and
in so doing violated his obligation as a member of the Union to
refrain from interfering with the proper conduct of Union business, in
violation of Article III, Section 3(d) of LIUNA's Uniform Local Union
Constitution and the "Business and Financial Activities of Union
Officials" Chapter, Introductory Paragraph, Section 2 and Section 4,
of the LIUNA Ethical Practices Code.
51. In August 1996, Ed Taylor ("Taylor") from E&S Construction
contacted the LIUNA New Jersey regional office concerning an
allegation against Wasserman. Tr. 56. IG Inspectors met with Taylor
shortly thereafter. Id.
52. Taylor is a former member of LIUNA Local 472 located in
Newark, New Jersey. Tr. 57. After Taylor suffered an injury and
could not work as a laborer, he formed his own construction company.
Id.
53. In July 1996, Taylor maintained a job site along Routes 1 and
9 in New Jersey. Id.
54. In the same month, Taylor received a call from Wasserman who
identified himself as a representative from Local 342 and requested a
meeting. Id. Taylor agreed to the meeting. Id.
55. The following day, Wasserman arrived at Taylor's job site
accompanied with an individual Taylor later identified as James
DiModica. Id.
56. At the start of the meeting, James DiModica stated that he had
just gotten out of jail. Tr. 60.
57. Wasserman told Taylor he knew Taylor had an upcoming contract
at the Newark Airport with the Brown Matthews Company, and he
requested that Taylor use Local 342 workers on that job site. Tr. 58.
58. Taylor replied that at the time he had three full-time workers
with his company and the workload was just enough for those three
workers. Taylor said if his workload increased he would definitely
call the Local 342 hiring hall for laborers. Id.
59. Wasserman replied by pointing to the Taylor's three Hispanic
workers, calling them an "eyesore," and telling Taylor he could not
use them because he had to use Local 342 members. Id.
60. Wasserman then made a motion with one of his hands indicating
five fingers. Id. When Wasserman's fingers were waved at him,
Taylor, who was familiar with labor union relationships in New Jersey,
asked if Wasserman was requesting $500 to insure that he would have no
problems with the union. Tr. 59. Wasserman replied not $500 but
$5,000. Id.
61. Taylor told Wasserman he didn't "have that kind of money."
Id. Wasserman replied that in exchange, Taylor would not have to pay
the workers any benefits. Id. Taylor understood this to mean that
the various fringe benefits, pension annuity, and medical benefits
required by the collective bargaining agreement would not have to be
paid if Taylor complied with the demand. Tr. 59-60.
62. Wasserman told Taylor that if Taylor did make the payment,
Wasserman would make him put up a bond for the benefits at his job
site. Tr. 59.
63. Towards the end of the meeting, James DiModica made a
statement to Taylor that "we have connections, we'll get you paid
faster." Tr. 60.
64. Subsequently, Taylor positively identified James DiModica from
photographs shown to him by IG Inspectors. Id.
65. I find that there was no reason for James DiModica, who had no
official union position, to accompany Wasserman to Wasserman's
meetings with Taylor or VHR Construction. The Wasserman/James
DiModica visits to the contractors appears, under these circumstances,
to be a joint venture in extortion.
66. The statements of Taylor as to what the demands meant and the
expert opinion of Schaffler as to the nature of the modus operandi of
extortionate practices are credible and well founded.
67. Attorney Gold contends that the appearance of James DiModica
with Wasserman where money was solicited from employers was not in
itself improper. Gold argues that DiModica might have been a shop
steward on at least one of the jobs, and his appearance on any of the
jobs was not prohibited. As discussed below, James DiModica was an
associate of organized crime. On one occasion he suddenly requested a
Christmas gift from the employer and on another he began the
conversation by informing the employer that he had just been released
from jail. James DiModica's appearance with Wasserman was intended to
serve the purpose of intimidating the contractor.
68. Attorney Gold also contends that since none of the complaining
persons ever alleged that as a result of denying payoffs they suffered
any reprisals. He argues that the LCN would not permit a refusal to
go unpunished. There is no evidence to indicate whether or not the
payments were made. The record is silent on that matter; however,
there is evidence that equipment at McGlone was heavily damaged after
McGlone refused to install the requested safety apparatus.
Knowing Association With The LCN
Charge VII:
From in or around 1994 through 1997, Alan D. Wasserman, while a member
and representative of LIUNA Local 342, committed "barred conduct" in
violation of the LIUNA Ethics and Disciplinary Procedure by knowingly
associating with La Cosa Nostra crime family members or associates,
including Vincent "Juicy" DiModica, a convicted member of the Gambino
crime family and James DiModica, an associate of the Gambino crime
family.
69. Wasserman has been a member of LIUNA Local 342 in Newark, New
Jersey for approximately ten years.
70. At the time of the hearing in this matter, Wasserman was the
Business Manager of Local 342. He was appointed by the Executive
Board to succeed James Proto. Wasserman has also served in the
positions of field representative and a shop steward of Local 342.
71. The GEB Attorney offered the history of Local 342 described
above in paragraphs 8 through 28 and the following testimony of Elko
as evidence of Wasserman's associations with the Gambino family.
72. Based upon his years of investigation, including the
aforementioned information in paragraphs 8 through 28, and
corroborating interviews with Cagno, Accetturo, and Ricciardi, Elko
concluded that Juicy DiModica is a made member of organized crime and
in charge of a Gambino family crew in New Jersey. Tr. 119.
73. Based upon his information, including direct information from
Cagno, Lieutenant Masucci and Special Agent Montgomery and eleven
years of surveillance, Elko concluded that James DiModica is an
associate of the Gambino family. Tr. 120-21, 129. Id.
74. Based upon direct information from Cagno, information from
Masucci and Montgomery, and eleven years of surveillance, Elko
concluded that Wasserman is an associate of the Gambino family. Tr.
123, 129.
Discussion
The IHO must base his decisions on reliable evidence through a review
of what is probative and reliable. Attorney Gold objects to the use
of hearsay evidence in this proceeding. Contrary to his assertion,
however, reliable hearsay evidence is admissible in labor
arbitrations. Associated Cleaning Consultants and International
Brotherhood of Printing and Allied Trades Local 327, 94 LA 1246
(1990); In the Matter of Joseph P. Crincoli, IHO Order and Memorandum,
97-04D (Oct. 27, 1997); In Re: Trusteeship Proceedings Chicago
District Council, IHO Order and Memorandum, 97-30T (Feb. 7, 1998);
Elkouri and Elkouri, How Arbitration Works (4th ed. 1994). Hearsay
evidence has been admitted regularly in union disciplinary proceedings
arising under the Teamsters Consent Decree. United States v. IBT
(Cimino), 964 F.2d 1308 (2d Cir. 1992), at 1312, aff'g United States
v. IBT(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991); United States v. IBT
(Senese & Talerico), 941 F.2d 1292 (2d Cir. 1991), at 1297, aff'g
United States v. IBT (Senese & Talerico), 745 F. Supp. 908 (S.D.N.Y.
1990). The test is whether the evidence is reliable. Senese &
Talerico, 941 F.2d at 1298 (citing Richardson v. Perales, 402 U.S.
389, 402 (1971)).
The testimony of the IG Inspectors regarding statements of contractors
describing the incidents at VHR Construction, B.J. McGlone Co., and E
& S Construction are hearsay; however, they demonstrate a similar
pattern, and similar demands were related by three individuals who
have neither bias nor reason to falsify. The individuals knew their
statements would eventually be known when they spoke to the
investigating officials, yet they still exposed themselves to the risk
of voluntary cooperation. One of the individuals initiated contact
with officials. I recognize that one of the individuals has remained
unnamed and, standing alone, his statements would not be probative.
Nonetheless, I give evidentiary weight to his information due to the
striking similarity between the three incidents. The hearsay
statements of the unnamed individual match the hearsay statements of
the named individuals. The statements describe the same modus
operandi, the same labor extortion goals during roughly the same time
period, and involve the same two perpetrators. I find that the
hearsay statements of the contractors corroborate each other and I
find the evidence to be reliable especially given the very similar
pattern. See Senese & Talerico, 745 F. Supp. At 915 (court found
hearsay evidence reliable based upon FBI Agent's information being
culled from various sources and the various sources' corroboration of
one another). See also Cimino, 964 F.2d at 1312 (court used a number
of factors to evaluate reliability giving evidentiary weight to
hearsay declarations of three LCN members related by FBI agent;
factors included corroborating statements in crucial respects, a
consistent picture of the relationship of the individuals and the
statements matched the FBI agent's declaration in the subject matter).
The EDP prohibits members from engaging in barred conduct. Barred
conduct includes, among others, committing any act of racketeering.
See EDP § 1. The EDP also incorporates the Ethical Practices Code
("EPC"). The EPC defines barred conduct to include in pertinent part:
"committing any act of racketeering, as defined in Title 18 of the
United States Code, section 1961(1) ..." See EPC, Barred Conduct.
Title 29 U.S.C. § 186 is included as a racketeering violation in 18
U.S.C. § 1961(a).
Title 29 U.S.C. § 186, makes it illegal for a labor leader to request
and or to receive anything of value from a contractor with whom he has
a collective bargaining agreement:
It shall be unlawful for any person to request, demand, receive, or
accept, or agree to receive or accept, any payment, loan, or delivery
of any money or other thing of value prohibited by subsection (a) of
this section.
29 U.S.C. § 186 (b)(1) (emphasis added). Section 186 (a)(1) prohibits
"giving any money or other thing of value to any labor organization,
or any officer or employee thereof, which represents, seeks to
represent, or would admit to membership, any of the employees of such
employer who are employed in an industry affecting commerce."
Respondent argues that the IG Inspector never asked Wortman if he
believed the request for a gift was an "extortion or a demand." The
argument has no merit; any form of request is prohibited.
Barred conduct also includes "knowingly associating" with members of
an organized crime family such as the LCN, and knowingly allowing an
LCN member or associate to influence a LIUNA officer. See EDP § 1.
Under the EDP, the term "knowingly associate" means that: (1) the
union member knew the person with whom he or she was associating was a
member or associate of the LCN; (2) the association related directly
or indirectly to the affairs of the union; and (3) the association was
more than fleeting or casual. Id.
In Senese & Talerico, the Court upheld the IBT Independent
Administrator's determination that "'knowing association' can be
inferred from the duration and quality of the association." 745
F.Supp at 918. There is no doubt Wasserman knew the persons with whom
he was associating were members of organized crime. The individuals
with whom Wasserman dealt were identified as well known members of
organized crime families by three former organized crime members. The
association was not fleeting or casual. Wasserman attended meetings
with contractors accompanied by James DiModica, a known associate of
organized crime, whose presence was not related to the ordinary course
of union business. Wasserman took James DiModica along for his
intimidation factor. Wasserman had to have known James DiModica was
associated with organized crime; there was no other reason for
DiModica to accompany him. A similar conclusion was reached by the
Independent Administrator in Cimino where the Independent
Administrator found that Cimino had to have known of Nicodemo
Scarfo's Philadelphia organized crime ties during their association
because "the very purpose of that relationship" was allowing Scarfo to
use Cimino and the local union to "further his La Cosa Nostra
interests." Investigations Officer v. Joseph Cimino, Jr., Decision of
the Independent Administrator, IBT Trusteeship (May 28, 1991) at 9);
(Cimino), 777 F.Supp. 1130 (S.D.N.Y. 1991), aff'd., 964 F.2d 1308 (2nd
Cir. 1992). The relationship between Wasserman and James DiModica was
obviously an illegal joint venture to extort union contractors with
the approval of the Gambino family.
The GEB Attorney offered evidence to demonstrate that Wasserman was a
part time no-show shop steward and argued that being a no-show shop
steward is evidence of being associated with organized crime. I do
not find this evidence to be probative of Wasserman's organized crime
association.
Obstruction
Charge IX:
On or about June 27, 1996, Alan D. Wasserman, on being interviewed by
investigators of LIUNA's Inspector General's Office, committed "barred
conduct" in violation of the LIUNA Ethics and Disciplinary Procedure
and the LIUNA Ethical Practices Code by refusing to answer questions,
terminating the interview, and thereby obstructing and interfering
with an investigation being conducted by the LIUNA Inspector General's
Office.
Findings of Fact
75. In May 1996, IG Inspectors interviewed Wasserman at his
residence in Union, New Jersey. Tr. 61, 64.
76. In June 1996, IG Inspectors attempted to interview Wasserman a
second time at the VHR job site at the Newark Airport to obtain the
additional information about James DiModica. Tr. 64.
77. They met Wasserman as he came out of the security area. The
IG Inspectors offered to speak with him in the coffee shop. Tr. 65.
Wasserman stated he preferred to speak at the VHR trailer outside the
parking lot area and the IG Inspectors agreed. Id.
78. The IG Inspectors told Wasserman they needed more information
on the identity of James DiModica. Id. Wasserman refused to speak
with them and stated he was very concerned that someone had broken
into his house three days after the May 1996 interview with the IG
Inspectors. Tr. 66.
79. Wasserman refused to reply to questions about James DiModica
and began to leave the area. Id. The IG Inspector told Wasserman he
should remain and speak with them. Tr. 66. Wasserman refused and
left the building. Id.
80. Outside the building, IG Inspectors again requested that
Wasserman speak to them. Tr. 66. Wasserman again refused. Tr.
66-67.
81. I find that Wasserman purposefully refused to submit to an IG
interview, and thereby obstructed the IG investigation.
CHARGE X
On or about July 8, 1997, Alan D. Wasserman at his deposition
committed "barred conduct" in violation of the LIUNA Ethics and
Disciplinary Procedure and the LIUNA Ethical Practices Code by falsely
testifying that he had been elected by the general membership to be
the Business Agent for Local 342 despite knowing that the general
membership did not elect him and that he instead was appointed to the
position.
82. I find the fact that Wasserman's statements that he was
elected rather than having been appointed, was not a material fact and
was not in violation of the EPC.
CHARGES XI-IV
83. Disciplinary Charges XI-XIII allege that Wasserman falsely
testified at his deposition, that he never demanded a Christmas gift
from a contractor, that he never demanded things of value from a
contractor in exchange for labor peace, that he never attempted to
extort Victor Wortmann or VHR Construction, and that he never met with
or approached contractors with James DiModica. The preponderance of
the evidence proves that Wasserman did perform all of these acts and
when he was asked about them under oath he denied his participation.
84. Disciplinary Charge XIV alleges Wasserman committed barred
conduct in violation of the EDP and EPC by falsely testifying at his
July 8, 1997 deposition that he never knowingly associated with
members or associates of organized crime. See GEB Ex. 1. The
preponderance of the evidence shows he gave false testimony when he
was asked about his connections with organized crime and he denied
them.
Conclusions
1. During the period of time alleged in the charges, Local 342
was dominated by members or associates of the Gambino crime family.
2. There is a preponderance of the evidence that Wasserman
committed barred conduct by requesting money from VHR Construction in
violation of 29 U.S.C. § 186 (b)(1) and the EPC.
3. There is a preponderance of the evidence that Wasserman
committed barred conduct by demanding money from B.J. McGlone & Co.,
Inc., in violation of 29 U.S.C. § 186 (b)(1) and the EPC.
4. There is a preponderance of the evidence that Wasserman
committed barred conduct by offering to allow B.J. McGlone & Co., Inc.
to use non-union labor or to pay LIUNA members less than union-scale
wages and benefits in violation of 29 U.S.C. ' 186 (b)(1) and the EPC.
5. There is a preponderance of the evidence that Wasserman
committed barred conduct by demanding money in exchange for labor
peace from E & S Construction, in violation of 29 U.S.C. ' 186 (b)(1)
and the EPC.
6. There is a preponderance of the evidence that Wasserman
committed barred conduct by offering to allow E & S Construction to
pay LIUNA members less than union-scale wages and benefits in
violation of 186 ' (b)(1) and the EPC.
7. There is a preponderance of the evidence that Vincent
"Juicy" DiModica is a member of the Gambino family and James DiModica
is an associate of the Gambino family.
8. There is a preponderance of the evidence that Wasserman
knowingly associated with members of organized crime, thereby
committing barred conduct under the EDP.
9. The evidence clearly demonstrates that Wasserman's
associations with organized crime directly affected the affairs of the
union. Wasserman took a known LCN associate on his visits to
contractors and demanded payments in exchange for labor peace and
permission to use either non-union labor or non-union scale wages and
benefits. The Wasserman/James DiModica venture was an on-going scheme
to extort contractors.
10. There is preponderance of the evidence that Wasserman
committed barred conduct by giving false testimony at his deposition
when questioned about his association with organized crime and his
dealings with VHR Construction, B.J. McGlone & Co., Inc., and E & S
Construction.
11. Wasserman's statement that he was elected to be a Business
Agent of Local 342, rather than appointed was not a material
misstatement and did not obstruct the GEB Attorney.
Decision
Charges I-IX and Charges XI-XIV have been proved by a preponderance of
the evidence. Charge X has not been proved by a preponderance of the
evidence.
Penalty
Wasserman's membership in LIUNA is permanently revoked. Wasserman is
permanently barred from holding an office in or being employed by
Local 342 or from being an officer or being employed by any LIUNA
affiliated entity or fund.
Wasserman has a right to appeal this Order to the LIUNA Appellate
Officer by filing a Notice of Appeal with the Appellate Officer within
10 days of the date this Order.
Peter F. Vaira
INDEPENDENT HEARING OFFICER
--------------------------------------------------------------------------------
[1]See previous IHO findings pertaining to LCN history in the United
States, In the Matter of Fallacara, IHO Order and Memorandum, 96-65D
(Sep. 25, 1997) at 2-3. See also In Re Trusteeship Proceedings
Chicago District Council, IHO Order and Memorandum, 97-30T (Feb
7,1998); In re Bifulco, IHO Order and Memorandum, 95-48D(1-28) (March
17, 1998).
The Albanian Connection; As Italians Move Up, a New Group Does the
Pizza and Pasta source: THE NEW YORK TIMES
More information. April 3, 2001, Tuesday
By DEXTER FILKINS (NYT); Metropolitan Desk
Late Edition - Final, Section B, Page 1, Column 2,
DISPLAYING ABSTRACT - Americans becoming owners of Italian-American
restaurants and pizza parlors in New York City and surrounding area;
various reasons cited"
Hillary Clinton has long masqueraded as a champion of women's
rights, yet the
Balkan Wars perpetrated by her husband Bill Clinton , far from
helping the
rights of women, actually harmed women.
"Sex Slaves: Trafficking in human beings from Moldova to Italy
...the West has helped to create the demand, by stationing tens of
thousands of
troops in the Balkans. Not all of these sex slaves' clients are
soldiers and
international workers, but their presence has greatly fuelled the
demand for
brothels in the Balkans. Certainly, the volume of trafficking,
which picked up
in the spring of 1999 as soon as Nato troops arrived in Macedonia in
anticipation of military strikes against Yugoslavia [1], has greatly
increased
since the Kosovo war. Finally, the West has helped to create the
link between
the supply and the demand by supporting, in the Kosovo war, the very
Albanian
Mafia which now controls this market. The fact that there is so
much reporting
now on the matter of sex slaves may be an indication that the powers
that be in
the West are beginning to ditch those whom they portrayed during the
spring of
1999 as passive and innocent victims....
It is clear that the Albanian Mafia controls prostitution in Italy,
and that a
very large number of prostitutes there are effectively slaves.
Although not all
the girls in Italy are from Moldova - many come from Nigeria and
Albania - it
has been affirmed by one of the leading authorities on prostitution
that they
are kept in captivity. "All the women currently on the streets (of
Italy) are
slaves. The proof is that the Nigerians, the Albanians, the
Romanians and the
women from Eastern European countries all have their passports taken
away by
their pimps. There is not one metre of street in which prostitution
is not
controlled by criminals," according to Don Oreste Benzi, a priest in
Verona who
has founded a charity which works with prostitutes. Benzi goes
on, "The
Albanians operate in family clans, in `joint ventures' with the
Mafia in Eastern
Europe and Italy. No new pimp can start operating in Italy without
paying a
percentage to the person who already controls the territory. Any
mistakes are
punished by death. For the Albanians, vendetta is second nature:
the concept
of forgiveness does not exist."[7] According to Benzi's charity, the
Association of the Community of Pope John XXIII, 48% of the
prostitutes in Italy
are from Eastern Europe; 35%-40% are minors (from 12 to 18 years
old); and 26%
have been kidnapped and taken from their countries of origin by
force.[8]
source:
http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
Hillary Clinton has also masqueraded as someone concerned about
Children's
Rights. Once again, the Balkan Wars perpetrated by her husband Bill
Clinton
actually harmed children too.
"Sexual exploitation of children
An especially appalling aspect of the trade in human beings is the
sexual
exploitation of children. BHHRG representatives interviewed Mariana
Petersel,
the Director of Save the Children in Moldova, whose organisation has
started to
house and rehabilitate young women and girls who have been forced
into sex
slavery. The youngest victim with which they have dealt was nine
years old.
260 victims of sex slavery have been housed and helped by Save the
Children
during 2000. They had been in various Balkans countries: Kosovo,
Albania,
Macedonia, Italy, and Greece.
References for further reading:
Trafficking in Migrants,
http://www.iom.int/iom/Publications/trafficking_in_migrants.htm
Pino Arlacchi, Schiavi, Il nuovo traffico di esseri umani, Rizzoli,
Milan, May
1999
Don Oreste Benzi, Una nuovà schiavtù: la prostituzione coata,
Paoline
Editoriale Libri, 1999
Sandro Provvisionato, UKC: l'armata dell'ombra: l'esercito di
liberazione del
Kosovo. Una guerra tra mafia, politica e terrorismo, Gamberetti
Editrice, Rome,
2000.
[1] Giuseppe Rolli, Le schiave dei soldati di pace, Il Manifesto,
18th April
2000
[2] The Current Situation on Trafficking in Women in the Republic of
Moldova,
unpublished report by Ala Mîndîcanu, Member of the Moldovan
Parliament.
[3] Marion van Renterghem, Filles esclaves venues de l'Est, Le
Monde, 1st
December 2000
[4] Eastern Europe's Impoverished Girls Fall Prey to Sex Trade,
Albanian Daily
News, 5th October 2000
[5] Tino Oldani, Tirana? Come una Colombia sotto casa, Panorama,
1st July 1999
[6] Ibid.
[7] Don Oreste Benzi, Le prostitute sono schiave: ecco la prova,
http://www.mess-s-
antonio.it/msahome/ita/riviste/rivnaz/a2000/Ott/Art/53%20Prost\
itute.htm
[8] Presidente Ciampi, Ecco come fare per sconfiggere il racket
della
prostituzione,
http://www.exodus.it/ASSOCIAZIONI/AP23/sempre/00ott/00ott03.html.
[9] The Italian Finance Minister, Ottavanio del Turco, has also
recently
attacked the Mafia activities of the Montengrin president, Milo
Djukanović.
See La Repubblica, 12th January 2001
source:
http://www.bhhrg.org/CountryReport.asp?ReportID=160&CountryID=16
Wednesday, 2 August, 2000, 12:58 GMT 13:58 UK
Italy's sexual slave trade
Many prostitutes in Italy come from Albania
In the first of two special reports, the BBC's Brian Barron
investigates Italy's
clandestine trade in sexual slaves and the Albanian criminals behind
the
business.
It is estimated that there could be more than 40,000 foreign
prostitutes on the
streets of Italy - and the numbers are increasing.
The streetwalkers venture out every night after 10, on the edge of
big cities
like Rome.
Each trip was awful but that was my choice. If I returned to
Albania I was
dead.
Prostitute
In the Eor district, they are Albanian or from other former
communist countries.
Most are controlled by Albanian mafia gangsters. A handful have
travelled to
Italy through their own efforts.
One streetwalker whose identity must be kept secret recalls her
particular
journey.
"I came by boat," she says.
"I was smuggled in. I had tried four times. It was a horrible trip."
"It was winter, cold and raining. It was a terrible risk. I saw dead
people with
my own eyes."
"Each trip was awful but that was my choice. If I returned to
Albania I was
dead."
"Dead or alive - this was my only choice."
Tarantelli: Women are held in slavery
The former Italian MP, Carol Bebbe Tarantelli, says that the women
are slaves.
"They are brought here," she says.
"Their passports are destroyed often, usually as a matter of fact
they are
tortured to break their wills."
"They're moved around from place to place so they don't know where
they are.
They don't speak the language."
"They're terrified and they can't escape. They're held in slavery."
Poverty
For many of the girls, the journey began in their Albanian homeland.
In Durres, most people are out of work, surviving on remittances
from relatives
abroad, like the girls on the streets of Italy.
In its poverty and human desperation it is typical of countless
Albanian
communities.
Once Albania was an all-powerful communist police state. It is now a
country
beyond the rule of law.
The police chief of Durres, Colonel Albert Pilo, is having a
difficult time
stamping out the smuggling of young girls.
Durres: Lawlessness and poverty prevail
"We have had some success against traffickers in prostitutes," he
says.
"We've arrested at least three. But a big problem is what to do with
the girls
caught up in the system, especially if they come from outside
Albania."
"The fact is we do not have any organisation for helping them."
"At times we've had to keep the girls in prison because there's
nowhere for them
to go."
Dramatic pictures, taken two years ago, show one of the speedboats
of the
Albanian mafia being intercepted by Italian security forces.
An Albanian mafia speedboat with its human cargo heads for Italy
It was trying to land a batch of illegal immigrants on Italy's
Adriatic coast.
Boxes of drugs were thrown overboard as the gangsters, travelling at
60 miles an
hour, evaded the helicopters and ships trying to encircle them.
On the coast at Lecce, the Italian Justice Ministry, working with a
Catholic
charity, has launched another kind of assault on the Albanian mafia.
In one camp for illegal immigrants, Father Cesari helps run a
witness protection
programme for former prostitutes from Albania and Eastern Europe.
Hope for some of the women in the witness protection programme
"The choice of denouncing their pimps is an act of responsibility,"
he says.
"It's not an easy decision to make. So these girls must have the
courage to do
it.
"To cut all ties with the past. By pointing the finger at those who
abuse them
there is the chance that some of the guilty will be brought to
justice."
Eighty girls have collaborated. They have been rewarded with the
right to remain
in Italy and, when necessary, new identities.
However, 500 declined because they were afraid of the godfathers.
source: http://news.bbc.co.uk/1/hi/world/europe/862942.stm
The notorious Mafioso Johnny Dio is described here. Actor Frank
Pellegrino
played Johnny DioGuardi in Martin Scorcese's 1990 film GOODFELLAS.
Was Johnny
DioGuardi a relative of Joe DioGuardi? We would like to know. If you
know please
post your materials and sources for them.
Joseph J. DioGuardi was born in the Bronx, New York, on September
20th, 1940.
Johnny DioGuardi was born in East Harlem on April 28th, 1914.
Johnny Dio, a.k.a. Johnny DioGuardi was not Jewish by any stretch of
the
imagination. DioGuardi specialized, among other things, in
victimizing Jews.
DioGuardi victimized some Jews directly and victimized other Jews
less
directly, as they became unwitting customers. The article below
notes that "A
salesman for the company testified in 1969 that often the meat they
delivered to
retailers was "sometimes light green and sweaty and often was an
atrocity to
perpetrate on our customers."
"On November 14th, 1964, two NYPD detectives sat in a basement in
Queens, New
York, listening to a tape recording of the conversations coming out
of a bug--a
tiny wireless microphone and radio transmitter hidden in the office
of Norman
LoKietz, president of the Merkel Meat Company. They were listening
to evidence
that illustrated with chilling clarity that the Mafia controlled an
industry
that robbed the public of more than just its money. It was also
stealing its
health and safety. In the taped conversations, the name "Johnny Dio"
kept
cropping up. The cops knew who he was.
Dio's photograph, with a cigarette dangling from one corner of a
viscous snarl
as he slugged a United Press photographer outside a Senate committee
hearing
room, appeared on front pages of newspapers all over the country,
because it so
perfectly matched the average person's preconception of what a Mafia
thug should
look like.
As the police developed their investigation into the Merkel Meat
Company and the
links with Dio, aka Johnny Dioguardi, it became increasingly obvious
that the
Lucchese crime family was earning big money from its involvement in
the movement
of substandard and, at times actually rotten meat, that was being
sold into the
retail marketplace.
Dioguardi was a master fixer and controller of locals and unions
and, through
this influence, was able to manipulate opportunities for himself and
the
Lucchese family in a wide range of areas.
The Nassau DA William Cahn illustrated Dioguardi's association with
one
particular company that showed his ability to corrupt and control.
In 1963, he joined Consumer Kosher Productions as a salesman on a
salary of $250
a week. By 1966, he was earning $5000 per week, and in addition had
taken over
control of the business. He used this company as a vehicle to gain
control of
the low price kosher meat business. Essentially his method was to
take over an
organization, buy in supplies and create an extended line of credit,
never pay
his debtors, and when the business went bust, move on to the next
one.A salesman
for the company testified in 1969 that often the meat they delivered
to
retailers was "sometimes light green and sweaty and often was an
atrocity to
perpetrate on our customers." Consumer Kosher Productions eventually
went
bankrupt, and Dioguardi shifted what remaining assets there were to
another
company called Tel Aviv. That company also went belly-up in due
course and he
then set up a firm called First National Kosher Provisions. And so
it went on.
Eventually the law caught up with him and he was indicted, and in
1967 was
sentenced to five years in prison and fined $10,000. By this time,
Dioguardi had
been connected to the Lucchese family for over thirty years.
Johnny Dio under arrest(AP)
Johnny Dio was born in East Harlem on April 28th, 1914. He grew up
on Forsythe
Street in Little Italy where his father Dominick owned a bicycle
shop there. By
1930, he was already at age fifteen an apprentice young hood. After
a year and a
half at Stuyvesant High School, he left to begin work. Through the
influence of
his uncle, James "Jimmy Doyle" Plumeri, a prize fighter, racketeer
and upcoming
soldier in the Gagliano family, he became a leg-breaker and budding
extortionist
working the Garment Center. He was also, as legend has it, one of
the gangsters involved in the so called "Murder Inc." group
that worked
out of Brownsville, East New York, in the 1930's carrying out
murders....Darkly handsome--so dark that he
was called
"Blackie" as a young street punk--wearing $250 silk suits and a
pleasant smile,
well dressed, well barbered and well manicured, he was always
careful to give
the appearance of an urbane and successful businessman.In 1935,
Thomas Dewey,
the crusading New York DA, listed Dioguardi as among the most
dangerous hoods in
the city. And all this before he was twenty-one years old! In 1937
he got a
three-to-five year sentence at Sing-Sing after being convicted with
his uncle
and several other mobsters for extortion and assault. They had been
extracting
$5000 from every trucker in the garment district, plus demanding a
premium on
every suit and coat made in the area.In 1944, he was indicted for
operating an
illegal still, but the charge was dismissed.In 1954, he was tried
and convicted
for failure to pay state income tax in connection with his continued
shakedown
of operators in the garment district. For that, he got sixty days.In
November
1957, he went on trial with some Teamster officials for shaking down
owners of
stationery stores. After a four week trial, he was convicted and
sentenced to
two years in jail.By the time he was forty, he was a "made man" in
the Gagliano
family which was now referred to as the Lucchese family, operating
as a capo, or
crew chief, and he was a multi-millionaire. He was highly regarded
in the family
as a "ferocious earner" the highest accolade that can be bestowed on
a member of
organized crime, generating in excess of $100,000 each week. He was
so rich, his
standard Christmas present to his wife was a shoe box stuffed with
$50,000 and a
sweet little note such as " buy yourself some nice clothes,
honey."He lived in
great style, wining and dining at the best hotels and restaurants in
town, but
always reserved Sundays to meet with family and friends, and prepare
lunch or
dinner. Like so many mobsters of Italian-American extraction, he was
an
excellent cook, and loved to entertain at his beautiful and lavish
home in
Freeport Avenue, Point Lookout, Long Island, which he had purchased
for $75,000
in the early 1960's. His legitimate business fronts which
contributed to his
significant tax returns each year, included many highly profitable
clothing
factories, and also Jard Products at 260 Fifth Avenue, Manhattan,
which sold
promotional items to commercial establishments. One of their major
customers was
the retail chain Waldbaums.His skill as a union manipulator was
legendary in the
Mob, and on one occasion, Thomas Lucchese arranged for him to travel
to Los
Angeles to help out an old friend, Jack Dragna, the boss of the L.A.
Mafia
family. The ILGWU was trying to drive out non-union, cheap Mexican
labour from
Dragna's factories, but Dioguardi's expertise secured waivers on
every important
stipulation set up and foiled the union's attempt.In the 1950's,
Senate
investigations named Dioguardi as one of the masterminds that
manipulated the
unions operating out of Idlewild, the vast 5,000 acre international
airport that
would one day be called Kennedy.When Jimmy Hoffa was making his play
to become
president of the giant Teamsters Union in 1957, he turned to an old
friend,
Johnny Dio for help. It wasn't clear whether or not the majority of
the New York
area locals supported Hoffa, and this was necessary to swing enough
voters to
support his control of the mid western region, secured through the
Chicago Mob's
help. The solution was to create more locals: enough to establish a
majority.
This was done by setting up "paper" locals--locals with few if any
members--that
could swing the balance in the New York voting.Dioguardi engineered
the creation
of seven new Teamster unions. The extra supply of delegates from
these
guaranteed Hoffa control of the New York delegation of the Teamsters
convention.
These seven locals were basically sham fronts, composed not of
working people,
but friends and relatives of Johnny Dio. Hoffa won the
nomination.With hindsight
it was probably the start of Hoffa's imbroglio with the Justice
Department,
resulting in his war with Robert Kennedy, his indictment, trial and
imprisonment
in 1967, release in 1971 and the events that led up to the fateful
rendezvous on
July 30th, 1975, at the Manchus Red Fox Restaurant in Detroit. He
went there to
meet up with three men. It was a rendezvous from which he never
returned,
vanishing off the face of the earth; murdered probably by Salvatore
Briguglio, a
man connected to the Genovese crime family. Hoffa became a ghostly
testator who
haunts the Teamsters trust to this day.John Dioguardi was
undoubtedly one of the
most powerful members of the Lucchese crime family. His influence
was felt in
many areas, particularly those relating to labor. He is remembered
however, more
than anything, for one especially terrible act.In the early hours of
Thursday
April 5th, 1956, a nationally known newspaper columnist and
commentator on labor
affairs called Victor Riesel made a radio broadcast in New York. The
41-year-old
Riesel was a crusading journalist, specializing in investigating
union
corruption and Mob-influenced officials. Writing for the Daily
Mirror, his
column was syndicated in 193 newspapers. This night, he interviewed
two workers
from Local 138 of the International Operating Engineers Union out of
Long
Island. Run by father and son both called William DeKoning, they and
their local
were involved in shaking down contractors and were under
investigation by
Manhattan US attorneys.After the broadcast, Reisel and his
secretary, Betty
Nevins, went to Lindy's restaurant at Broadway and 51st Street for a
late
supper. At 3 a.m. as they were walking to Nevins' car, a man
approached them and
threw sulphuric acid into Riesel's face. Rushed to St. Clare's
Hospital,
surgeons were unable to save his eyesight.
Victor Reisel
A federal investigation established the attacker was a twenty-two-
year-old hood
and longshoreman called Abraham Tevi. He had been hired by one Joe
Carlino and
paid $1,175 to do the job. The money had apparently been put up by
Dioguardi. As
publicity mounted, Tevi became convinced that he had been grossly
underpaid to
carry out a piece of work on such an important person and demanded
$50,000. What
he got instead was two bullets in the head, and his body was found
on July 28th,
lying on Mulberry Street, in Manhattan's Little Italy district.
Although some
people were tried and convicted of the attack on Reisel, the two
prime witnesses
against Dioguardi, Gondolfo Miranti and Domenico Bondo, backed off,
and all
charges against Johnny Dio were dropped in May, 1957.
The assault on Victor Reisel brought a lot of pressure down on
Johnny Dio. The
very action that was aimed at removing a source of irritation,
resulted in far
more damage to his activities that could possibly have occurred had
the assault
not taken place.Despite all the other criminal acts that he was
involved in or
convicted of, Dioguardi is still best known as "the man who blinded
Victor
Reisel." That reputation more than anything else guaranteed that the
police, FBI
and the media would never stop hounding him, and as a result, he
would
eventually spend the rest of his prime years in prison for other
crimes he
committed.Dioguardi always on the lookout for new rackets,
discovered the boom
in fly-by-night stock promotions in the late 1960's. Stock would be
acquired
from a failing company for little or no money; the market would be
rigged in the
stock through a brokerage firm he operated called J.M. Kelsey & Co.
then the
shares would be sold at vastly inflated prices--leaving the investors
to hold the
bag when the fraud was eventually exposed. However fate and the law
finally
caught up with Johnny Dio and, in 1970, he, along with his immediate
boss in the
Lucchese crime family Carmine Tramunti, were indicted on fraud
charges
concerning stocks in two firms, Belmont Franchising Corp. and
At-Your-Service-Leasing Co.He was tried and convicted in December
1973, and
sentenced to a further prison sentence, concurrent to the one he was
already
serving at Danbury Prison in connection with one of his kosher meat
company
scams. Due for parole in August 1979, he died in a prison hospital
the same
year.
Johnny Dio going to prison one last time
Johnny Dioguardi was a good example of the consummate mafioso. He
started young
at fifteen and had a perfect introduction into the world of crime
through the
guidance and help of his uncle. He combined thuggery, cunning, guile
and polish
in an enviable mixture. He made the right kind of connections from
an early age.
Jimmy Hoffa for instance, was a boyhood friend, and Dioguardi used
these
contacts throughout his career as a means of levering his scams and
extortion's
into huge, money-spinning ventures for himself and his crime family.
Like many
criminals, he obviously had the brains and ability to have succeeded
in
legitimate business, had he been that way inclined. The highest
earners in the
Mob work longer hours than any Fortune Top 50 C.E.O.s. Even the
lowest soldiers
will routinely put in eighty hour weeks, seven days to keep on top
of their
scheming and scamming.
When he died in a Pennsylvania prison hospital, his passing
attracted no
newspaper attention. All his wealth and power and almost fifty years
of criminal
depravity seemed to count for nothing at all. It was as though he
had never
existed."
source:
http://www.crimelibrary.com/gangsters_outlaws/family_epics/lucchese2/
2.html
"February 2001In The Money: Congressman James Traficant And His
Campaign
ContributorsBy James Ridgway de Szigethy
Convicted associates of the Pittsburgh Mafia Family, Mafia-
corrupted labor
Unions and Middle Eastern political operatives are among those who
have
contributed to the past two re-election campaigns of Congressman
James
Traficant, an analysis of Federal Election Commission records
reveals. These
records, which are required filings under Federal Election law,
reveal 219
donations by individuals and 212 donations by Unions and Political
Action
Committees. 47 of the personal contributions came from outside the
State of
Ohio, with 35 of those from the State of Virginia. 38 are from
individuals that
indicate a Middle Eastern background of the contributor. Among
the
contributors whose names would probably be recognized by most
Youngstown
residents are Ed Flask, Mark Colucci, David Sugar, Anthony Saadey,
Russell
Saadey, Jr., Sam Traficanti, and fireworks businessmen Bruce Zoldan
and Gerald
Bostocky. Among the contributors whose names would probably NOT
be
recognized by most Youngstown residents are Virginia residents Ali
Asghar
Abbaszadeh, Reza Bulochi, Massud Mirmohammaoi, Ramesh Sepehrrad, and
Javad
Vaziri, Samir Mohammad, Ammar Shafai, and Homayoun Nasser Sharif,
Georgia
resident Hossein Shamsai, Massachusetts residents Mahaz Nasseri and
Hessein
Sadeghpour, Kansas City's Sajadi Sacid, Maryland's Cyrus Samet and
Mahmoud
Tabassi, and San Diego's Mohammad Bigdeli. Russell Saadey Jr.,
a former
investigator for the District Attorney's office in Youngstown, was
indicted last
December on charges he bribed Judges to fix Court cases. Ed
Flask accepted
a plea bargain last year in which he pleaded guilty to felony
charges in regards
to his rip-off of nearly $2 million while running the public water
utility in
Youngstown. Flask first received notoriety during the 1983 Federal
bribery trial
of then-Sheriff James Traficant, when it was revealed that Cleveland
Mafia
associate Charlie "The Crab" Carabbia had secretly tape recorded
Traficant
bragging about how he laundered through Flask's law office part of
the $163,000
in bribe money he accepted from the Mafia. Those same tapes revealed
that
Carabbia was blackmailing Flask with "compromising photographs of
Flask which
would ensure his silence!" Just days later, Carabbia was abducted
and murdered.
B & T Express employee Sam Traficanti was present during some of the
secret tape
-recorded meetings between the Carabbia brothers and Sheriff-elect
Traficant,
but was not charged. Two of Traficanti's fellow employees at B & T
Express also
donated to Traficant's campaign records show. Traficanti is not
related to
Congressman Traficant. Last September, the Congressman's employee
Anthony
Traficanti was subpoenaed by the Federal Grand Jury in
Cleveland.
Congressman Traficant has also received campaign contributions from
Youngstown
resident Walter Terlecki. In recent months, Congressman Traficant
has entered
into the Congressional Record sworn affidavits by Michael "Beef"
Terlecky, a
former Mahoning County Deputy Sheriff who was convicted of taking
bribes from
the Mafia. Terlecky now claims that he was set up by some of the
same
authorities that are now involved in the investigation of
Congressman Traficant,
including two public figures who attended an anti-Mafia summit
meeting recently
in Palermo, Sicily. The Congressman has denied a request by the
chairman of the
Mahoning County Board of Elections who is seeking information the
Congressman
claims to have regarding Mafia bribes to the campaigns of elected
officials in
Youngstown. Terlecky also claims that it was he who found the
infamous
Carabbia tapes months before the FBI during an illegal search and
seizure
regarding an investigation into the murder of yet another Youngstown
Mafia
figure, Joe DeRose. However, conversations on the Carabbia tapes
that include
remarks made by Sam Traficanti clearly indicate that the tapes were
recorded
months later than Terlecky's claims, when Traficant had just been
elected
Sheriff. Congressman Traficant is also now claiming that an FBI
agent in
Youngstown was taking bribes from the Mafia 38 years ago in
1962. During
the 1999 Federal bribery trial of Youngstown Sheriff Philip Chance
fireworks
distributor Bruce Zoldan testified that Chance shook him down
for `tribute
money' to Pittsburgh Mafia figure Lenny Strollo. Zoldan's first run-
in with
Chance was in 1983, when Sheriff Traficant and his Deputy Chance
raided Zoldan's
fireworks business two days before their busiest moneymaking period,
the Fourth
of July. Zoldan would also testify that the Gambino Family led by
John Gotti
extorted a huge sum of money from him in order to do business in New
York. The
murder of Mafia figure Joey Naples, who was among those who
contributed to the
$163,000 bribe to Traficant, is believed to be a result of the fight
for control
of the fireworks business. David Sugar pleaded guilty last year
to
Obstruction of Justice charges in regards to his attempts to conceal
evidence
from the Grand Jury in Cleveland investigating financial dealings
between Sugar,
his construction company, and Congressman Traficant. Sugar is
expected to
testify against Traficant at any future criminal proceedings, as is
Traficant's
former employee on his horse farm, Clarence Broad. In November of
last year,
Broad pleaded guilty to charges he tried to hire a hitman to murder
a woman who
was expected to give damaging testimony against Traficant before the
Grand Jury
in Cleveland. Criminal attorney Mark Colucci, who also is among
those who have
given money to Traficant's campaign, responded by alleging in
Federal Court that
Prosecutor Craig Morford had used coercion to force Broad to plead
guilty. Judge
Donald Nugent was not impressed with Colucci's unsubstantiated
claims and
threatened to cite Colucci for Contempt of Court. In 1998 and
2000
Traficant accepted donations from controversial activist James
Zogby, President
of the Arab American Institute. Zogby was recently in the news last
October,
when his appointment as an Advisor to the Al Gore campaign sparked
outrage
worldwide among supporters of Israel. The Jerusalem Post quoted
terrorism expert
Steven Emerson: "Zogby has not only made comments that are
incendiary but he has
also made comments that are anti-Semitic!" "(Zogby has) openly
supported the
Hizbullah!" Emerson is renown for his investigation of the terrorist
bombing of
Pan Am Flight 103, which exploded over Lockerbie, Scotland in
December, 1988,
killing 270 people, including 35 Syracuse University students.
On June 29,
1993, Senator John McCain entered into the Congressional Record a
public
challenge to the FBI and the Justice Department to share information
on the
People's Mujahidin Organization of Iran, a suspected terrorist
organization that
was involved in a clandestine effort to influence public policy
through an
organized campaign of directing contributions to the campaigns of
selected
members of Congress. Said the Senator: "Given the charges made in a
previous FBI
report that the PMOI has a history of terrorism, an anti-Western
ideology, and
ties to the regime of Saddam Hussein, this should be a matter of
concern to all
Members." In 1997 The Iran Report, a publication of the Middle
East Data
Project, identified four members of Congress as recipients of
campaign donations
from alleged associates of the PMOI. Those four were Robert
Torricelli of New
Jersey, Gary Ackerman of New York, Dan Burton of Indiana and James
Traficant of
Ohio. To date, none of these individuals have been charged with
making illegal
campaign contributions. However, Senator Torricelli is currently in
the news
defending himself against a Chinese fundraiser named David Chang,
who has
pleaded guilty to illegally contributing $53,000 to Torricelli's
1996 campaign.
Numerous recent Media reports show that the Feds are now nearing the
conclusion
of an investigation that began with reports of impropriety regarding
contributions to Torricelli's 1996 campaign. Congressman
Traficant has
developed a huge following in the Arab and Muslim countries in the
Middle East
because of his passionate public support for accused terrorists
Abdel Basset Ali
Mohmed Al-Megrahi and Al Amin Khalifa Fhimah, indicted for the
bombing of Pan Am
Flight 103, and former auto worker John Demjanjuk, who was placed on
trial in
Israel on charges he was "Ivan the Terrible," a Nazi concentration
camp guard
responsible for the murders of thousands of Jews during World War
II. Demjanjuk
was convicted and sentenced to death, although the Israeli Supreme
Court later
reversed his conviction. Congressman Traficant then flew to Israel
to personally
escort the accused murderer back to the United States. In the
case of the
terrorist bombing of Pan Am Flight 103, Traficant first went public
in this
matter at a press conference in 1989, at which he claimed that the
bombing was
the result of a joint Syrian/CIA operation. ABC News London
correspondent Pierre
Salinger then picked up the story, utilizing Traficant, government
informant
Lester Coleman, and private investigator Juval Aviv as his sources.
Coleman
later pleaded guilty to Perjury charges and admitted his Pan Am/CIA
story was a
hoax. Juval Aviv was placed on trial in 1996 in Manhattan on Federal
fraud
charges unrelated to the Pan Am case. He was acquitted. Upon
Aviv's
indictment Congressman Traficant found a replacement in Boris de
Korczak as his
lead researcher in his quest to prove his Pan Am 103 theory. Boris
is best known
for the lawsuit he filed in 1996 against the CIA in which he claimed
he had been
recruited by the CIA as a double agent against the KGB, that
his `cover' had
been blown by a drunken U. S. official which resulted in a shoot-out
with the
KGB during a car chase through the streets of Copenhagen, and that
his CIA case
Officer extorted from him a bribe of Russian Medieval icons worth
$300,000 in
exchange for the promise of help in obtaining the pension he claimed
was owed
him. Boris claims he turned over the bribe, only to be shot in the
kidney 4
months later by an unknown assailant armed with a pellet gun. The
CIA denied
Boris' claims he was owed monetary compensation and also denied any
of its
employees shot Boris with a pellet gun. Boris' lawsuit was dismissed
and the
decision was upheld on Appeal. Despite the efforts of Traficant
and his
associates to prove their conspiracy theory, Abdel Basset Ali Mohmed
Al-Megrahi
was recently convicted as the terrorist who planted the bomb that
destroyed Pan
Am Flight 103. Al Amin Khalifa Fhimah was acquitted. In
addition to
receiving campaign money from convicted Mafia figures and Middle
Eastern
political operatives, FEC documents also detail contributions made
to
Traficant's campaign from Unions that have been involved in
corruption scandals
in recent years. Those Unions include the American Federation of
State, County,
& Municipal Employees, the Communications Workers of America, the
Transport
Workers Union, and the UFCW. Traficant has also received
donations from the
Italian-American Democratic Leadership Council, the Al Gore for
President
campaign, and the National Education Association Fund for Children
and Public
Education. Ironic is the $12,000 donated to Traficant by the
Association of
Trial Lawyers, as Traficant is one of the few people without a law
degree to
have ever beaten a Federal racketeering trial by acting as his own
attorney.
When Sheriff Traficant was arrested by the FBI in 1982, he signed a
confession
after agents played for him excerpts from the Carabbia tapes.
Traficant then
hired one of the best attorneys in the business, Carmen Policy, Ed
Flask's
partner, who is today the President of the Cleveland Browns
professional
football team. However, after Traficant went public with charges
that just about
every public official in Youngstown was involved with the Mafia,
Policy dumped
Traficant as his client. Traficant then made a bold - and some would
say insane
- decision to renounce his confession and stand trial, acting as his
own
attorney. Traficant explained to the jury that he only accepted the
Mafia bribe
money so he would know whom to arrest for corruption once elected
Sheriff. After
four days of deliberations, the jury returned a verdict that stunned
the
Prosecutors and journalists that covered the trial; Not Guilty.
Traficant then
turned the publicity over his acquittal to his advantage and was
elected to
Congress in 1984. However, three years later he was again in Court,
facing civil
charges that he owed taxes on the $163,000 in Mafia bribes.
Representing him was
attorney George Alexander, who has since been convicted of
racketeering with the
Mafia. As in the O. J. Simpson case, Traficant was convicted in his
civil trial
and ordered to pay back taxes, fines, and interest. For many
months now,
Traficant has been predicting during public appearances that he
expects to be
indicted - again - by the Federal authorities in Cleveland who have
to date
convicted over 70 public officials, many of whom are associates of
the
Pittsburgh Mafia Family. James Ridgway de Szigethy can be reached at
JAM...@prodigy.net.
source: http://www.americanmafia.com/Feature_Articles_121.html
above material appeared in
Politics and Bedfellows An Age Old Story Told Once Again
just Google that title to read the rest of the material
material below is from:
http://www.thelaborers.net/documents/rico_trusteeships_jacobs.htm
The RICO Trusteeships after Twenty Years: A Progress Report
United States v. Local 30, United Slate Tile and Composition Roofers,
No. 87- 7718 (E.D. Pa. 1987); United States v. Dist. Council of NYC
and Vicinity of the United Bhd. of Carpenters and Joiners of Am., No.
90 Civ. 5722 (S.D.N.Y. 1990). Racketeering has been documented in
other unions, such as the Union of Painters and Allied Trades,
International. See, e.g., Riga v. American Painting Co., Inc., 1986 WL
9248 (E.D. Pa Aug. 25, 1986); see also Local 46 Laundry Workers
(Chicago, IL), Local 110 Motion Picture Operators Union (Chicago, IL),
Local 136 Machinery Movers (Chicago, IL), Local 18 Operating Engineers
(Cleveland, OH), Ironworkers Local 17 (Cleveland, OH). See also PETER
F. VAIRA &DOUGLAS P. ROLLER, ORGANIZED CRIME AND THE LABOR UNIONS
(1978).
19. See infra Table II.
20. Local 30, United Slate Tile and Composition Roofers,
No. 87-7718; United States v. Edward T. Hanley, No. 90-5017 (D.N.J.
1990); Constr. & Gen. Laborers' Dist. Council, 99 C 5229; United
States v. LIUNA Local 210, No. 99 CV0915A (W.D.N.Y. 1999).
http://bnabooks.com/ababna/laborlawyer/19.3.pdf
material below appeared at
http://www.fhwa.dot.gov/policy/hl95mar.htm
Fuel Tax Evasion Highlights, March 1995
Volume 4, Number 1 March 1995
--------------------------------------------------------------------------------
IN THE NEWS
Lawrence Iorizzo, key figure in the NY bootleg gasoline market in the
1980's who turned government informant and was subsequently booted out
of the witness protection program and is now wanted by Texas
officials, is interviewed. The New Yorker, Talk of the Town, 11/14/94
Marat Balagula pled guilty to conspiring to evade $85 million in
federal gasoline taxes on nearly one billion gallons of fuel sold in
the NY area between 1983-88. The surprise plea came Oct. 18, a month
before he and 7 others were to begin trial. Balagula is already
serving a 10-year sentence for similar bootlegging. On Oct. 27, Joseph
A. Macchia and his sons Lawrence, George and Joseph L. pled guilty to
their role in the scheme. On Nov. 4, John Barberio was the last to
plead guilty. Michael Varzar had pled guilty earlier. An eighth
defendant, Viktor Batuner, is a fugitive. Newsday, 10/24/94, 11/2/94;
Dept. of Justice Press Release, 11/4/94
Eugene Slusker pled guilty in U.S. District Court in Columbus, Ohio to
a diesel conspiracy that resulted in a federal tax loss of over
$88,000 and a loss of over $117,000 to Ohio during 6 months in 1990.
Slusker, using the alias Semyan Altman and doing business as Accurate
Tank Testing, Inc., used a false Form 637 to purchase over 587,00
gallons of untaxed diesel fuel which was then sold to numerous truck
stops throughout Ohio, tax included. Co-defendant, Roman Kalika
pleaded not guilty to federal tax evasion charges. The IRS Criminal
Investigation Div. and the Ohio Dept. of Taxation investigated the
case. Justice Dept. Press Release 9/30/94; Dayton Daily News 10/3/94;
Columbus Dispatch, 12/24/94
The worldwide activities of Russian organized crime and its ability to
bilk companies, governments and individuals out of billions of dollars
through sophisticated fraud and theft schemes is described in two
recent articles. Wall Street Journal, 12/22/94; Atlantic Monthly,
6/94
The Wisconsin Dept. of Justice has charged Patrick S. Gedig and Paul
C. Kramer with misappropriating nearly $1 million in motor fuel taxes
during 1990. At the time, Gedig was president of United Petroleum,
Milwaukee, and Kramer ran Ohio Fuel and Supply, Big Bend. Wisconsin
State Journal, 11/1/94
The work of Charles Hurchalla in helping to expose a massive fuel tax
scam masterminded by the Russian mob and involving the La Cosa Nostra
is described in a recent article. Philadelphia Magazine, 10/94
Court documents filed by federal authorities in NJ name John Gotti as
an unindicted co-conspirator in organized crime efforts to dominate
the bootleg motor fuel industry in the NY metropolitan area. The
disclosure came on the eve of the trial of Anthony (Fat Tony) Morelli,
allegedly a capo in the Gambino crime family, and Gregory Federico,
owner of Capitol Fuel Service of Cranford and Igor (Little Igor)
Roizman, a Russian emigre. To date, 20 persons have been prosecuted on
charges growing out of the Operation Red Daisy investigation conducted
jointly by the FBI, IRS, DOT Office of Inspector General, NJ Div. of
Taxation and PA Dept. of Revenue. Newark Star Ledger, 12/5 and
12/16/94
Jerry Radney owner of Cody's, a fuel distribution service, and
Valdosta Truck Stop, in Lowndes County, GA, his wife Cheryl Radney,
and Earl Renner, Julius Meyer, and Jacqueline Denniston, officials of
Southern States Oil and Gas, Inc., of Atlanta, were indicted of
conspiring to defraud the U.S. by failing to pay fuel excise taxes
from 1989-1991. According to the indictment, Renner, Meyer and
Denniston set up a phony Greek Shipping company called Halcoussis
Shipping Lines. It is alleged that Renner, Meyer and Denniston then
caused Southern States to purchase truckloads and bargeloads of tax-
free diesel fuel and used transformer oil from suppliers and utility
companies using false documents showing the fuel was destined for
Halcoussis. Allegedly Southern States then delivered the blended fuel
to Cody's which in turn sold it to retailers throughout the Southeast
at a tax included price. Justice Dept. News Release, 5/25/94; Oil
Week, 5/30/94;
Norma Latham of Porter, TX, and James Gardner of Humble, TX, were
convicted in a motor fuel scheme which defrauded the State of Texas in
excess of $475,000. Press Release, Travis County D.A.
The State of Maryland filed tax assessments of over $300,000 against
two trucking companies and a fuel oil distribution firm for using home
heating oil in trucks. Six other companies are expected to receive
assessments. The assessments stem from a joint investigation by the MD
Comptroller's Office and the EPA. The EPA notice of violation listed
Johnny Joe Brice, JJB Oil; Clement Miller II, Canton Oil; Reginald F.
Hedgeman, Reggie's Fuel, Ronald A. Tyner, Tyner Trucking, David Rice
Jr., Rice Trucking, Solomon Shelby, S&S Trucking -- all of Baltimore
and E. King, King's Trucking, of Laurel. The IRS is also expected to
investigate the companies. Baltimore Sun 6/10/94; U.S. Oil Week,
6/20/94; Washington Times, 6/10/94
Jerry Dabrusky, Lincoln, NE was sentenced to 90 days in jail after
pleading no contest to using untaxed fuel in highway vehicles. Lincoln
Star, 1/14/95
Bootleg gasoline sales may be costing Jacksonville, FL, millions of
dollars annually in local option fuel taxes. Jacksonville Times-Union
Gary Lazar and Divine Grace Lazar, Anaheim Hills, CA, pled no contest
to 54 criminal counts, including failing to pay more than $24 million
in CA taxes, illegally disposing of hazardous waste, and selling
substandard gas in connection with their 200 gas stations. Under a
plea agreement they are to be sentenced to no less than 5 nor more
than 8 years in State prison. The amount of restitution could be as
much as $800 million. The Lazars operated California Target
Enterprises, Alameda Management Co., Inc., Pronto Marketing Co., P&M
Service Stations, and Challenge Marketing. The firms are pending
trial, as are attorney Douglas T. Richardson and accountants Neil
Balzar and Mario Rene Solares. The investigation was conducted by the
L.A. District Attorney's Environmental Crimes/OSHA Div., the CA Board
of Equalization, the Dept. of Special Taxes and Operations, the Dept.
of Food and Agriculture Div.of Measurement Standards, the CA EPA and
the CA Air Resources Board. News Release, L.A. District Attorney,
9/26/94; L.A. Times, 9/27/94
Joseph Yosi Ezra and Leah Isaac of Beverly Hills pleaded guilty U.S.
District Court to felony tax evasion in a diesel fuel scheme. Ezra
pleaded guilty to evading $1.4 million and Isaac pleaded guilty to
evading $570,000 between March and June, 1992. Operating as "Eurika
Distribution, Inc., they purchased over 10 million gallons of fuel tax-
free using fraudulent documents. They have agreed to pay nearly $2
million in restitution. Maximum sentences are 5 years in prison and a
$250,000 fine. Justice Dept. News Release, 10/18/94
FUEL FRAUD HOTLINE ESTABLISHED IN TENNESSEE
Revenue Department special agents who are trained in investigating
fuel tax fraud cases staff the Hotline. 1-800-372-8389 (1-800 FRAUD
TX)
DYED DIESEL ENFORCEMENT
Truckers are warned not to run on red diesel and urged to do visual
checks when refueling.
Transport Topics, 10/24/94
The Mississippi Depts. of Transportation, Agriculture and Commerce,
and the State Tax Commission joined with the IRS in "Operation Red
Rover" on Nov. 7-9 to check for untaxed diesel. IRS News Release,
11/7/94
On Nov. 23, 1994, NBC Nightly News aired a segment on fuel tax fraud
and showing on-road dyed diesel enforcement in North Carolina.
WANT TO KNOW MORE?
For more information or updates to the mailing list, call Linda
Morris, (202)366-0570, FHWA (HPTS), 400 7th Street, SW, Washington, DC
20590.
FAX back address corrections or additions to: 202-366-7696