UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA :

Plaintiff

No 8 1 - 2 3 O-CR-ALH

vs .

18 U.S.C. 51962(d)

ANTHONY ACCARDO

a,k,a "JOE BATTERS,"

JAMES CAPORALE,

PAUL A. DI FRANCO,

ANGELO FOSCO,

PAUL F0SCO,

JOHN GIARDIELLO,

SEYMOUR A. GOPMAN,

JAMES F. NORTON,

LOUIS C. OSTRER,

TERENCE J. O'SULLIVAN,

ALFRED PILOTTO,

a,k,a Orfeo Jerrer Pilota,

JAMES PINCKARD,

BERNARD G. RUBIN,

SANTO TRAFFICANTE,

SALVATORE TRICARIO,

GEORGE WUAGNEUX

Defendants

THE GRAND JURY CHARGES:

COUNT ONE

1. At all times material to this indictment:

a. The Laborers International Union of North America ("Laborers Union") was an employee organization representing workers engaged in interstate commerce and engaged in an industry and activity affecting commerce, that is, the building and construction trades.

b. The Laborers Union and its subordinate bodies and affiliated employee benefit plans constituted an enterprise as defined by Title 18, United States Code, Section 1961(4), which enterprise was engaged in and the activities of which affected interstate commerce

.

c. Up to and including December 31, 1974, the following employee welfare benefit plans were plans subject to the provisions of the Welfare and Pension Plans Disclosure Act (29 U.S.C. 301-309):

(1) Health and Welfare Department of Construction
and General Laborers District Council of Chicago
and Vicinity Trust Fund ("Chicago Dental Plan");

(2) Southeast Florida Laborers District Council
Dental, Vision and Preventive Care Trust Fund
("Florida Dental Plan");

(3) Laborers Health and Welfare Fund of Dade County
("Dade County Fund");

(4) Laborers Local 938 Health and Welfare Fund of
Broward County, Florida ("938 Fund");

(5) Laborers Local 666 Health and Welfare Trust
Fund of Dade County ("666 Welfare Fund");

(6) Laborers Local 767 Health and Welfare Trust
Fund of Palm Beach County ("767 Welfare Fund").

d. From January 1, 1975, through December 31, 1977, the employee welfare benefit plans listed in paragraph 1c above were plans subject to the provisions of Title 1 of the Employee Retirement Income Security Act of 1974 (29 U,S,C. 1001-1144).

e. The following were employee organizations which represented employees engaged in interstate commerce and in an industry and activity affecting interstate commerce, and the members of which were covered by one or more of the Employee welfare benefit plans set forth in paragraph 1c:

(1) Laborers International Union of North America,
("Laborers Union");

(2) Construction and General Laborers District
Council of Chicago and Vicinity ("Chicago
District Council");

(3) Laborers International Union of North America,
Local Union 5, ("Local Union 5");

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(4) Southeast Florida Laborers District Council;

(5) Laborers International Union of North America,
Local Union 478 ("Local 478");

(6) Laborers International Union of North-America,
Local Union 666 ("Local 666");

(7) Laborers International Union of North America,
Local Union 767 ("Local 767");

(8) Laborers International Union of North America,
Local Union 938 ("Local 938".

f. Consultants and Administrators, Inc. of Chicago, Illinois ("Consultants and Administrators") was a corporation which provided benefit plan services including dental, vision and related medical services to members of the Laborers Union through the Chicago Dental Plan.

g. Dental and Vision Care Centers, Inc. of Miami, Florida ("DVCC") was a corporate associate of Consultants and Administrators and provided benefit plan services such as dental, vision, and related medical services to members of the Laborers Union through the Florida Dental Plan.

h. Farmers National Life Insurance Company ("Farmers National") was a Florida corporation which provided benefit plan services in the form of life, accident, and health insurance coverage to members of the Laborers Health and Welfare Fund of Dade County; Laborers Local 938 Health and Welfare Fund of Broward County; Laborers Local 666 Health and Welfare Trust Fund of Dade County; and Laborers Local 767 Health and Welfare Trust Fund of Palm Beach County.

i. PF Insurance Agency ( PF Agency'.) was an Illinois Corporation which was purportedly engaged in the sale of life insurance but which also served as a conduit for kickback money received from Farmers National.

j. Fortune Services, Inc. ("Fortune Services") and Ace Services, Inc. ("Ace Services"), both Florida corporations, were purportedly engaged in verifying the eligibility of members of the Laborers Union for DVCC but both in actuality served as conduits for kickback monies from DVCC.

k. Pinckard and Associates, Inc,("Pinckard and Associates") was an Illinois corporation purportedly engaged in verifying the eligibility of members of the Laborers Union for Consultants and Administrators, but which in actuality served as a conduit for kickback monies from Consultants and Administrators.

1. Sales Administrators for Employees Fringe Advantages, Inc. ("Sales Administrators, Inc.") and Fringe Benefits, Inc., both located in New York, New York, were businesses engaged in selling and administering fringe benefit programs for union members and also served as conduits for kickback monies from Consultants and Administrators and DVCC.

m. Sage Corporation and an associated entity known as Drake Towers Joint Venture were located respectively in Hallandale, Florida, and Ft. Lauderdale, Florida, and were engaged in the construction, sale, and management of condominium and office buildings and also served as conduits for kickback monies from Consultants and Administrators and DVCC.

2. At various times material to this indictment:

a. Defendant ANTHONY ACCARDO, a/k/a "Joe Batters" was a resident of Cook County. Illinois.

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b. Defendant JAMES CORPORALE was secretary-treasurer of the Chicago and Vicinity District Council of the Laborers Union, n trustee of the Chicago Dental Plan, and a Special International representative of the Laborers Union.

c. Defendant PAUL A. DI FRANCO was a dentist and vice-president of DVCC and stockholder in Consultants and Administrators and DVCC.

d. Defendant ANGELO FOSCD was a vice-president of the Laborers Union until 1975 at which time he became the general president of the Laborers Union.

e. Defendant PAUL FOSC0 was the president of PF Insurance Agency, Chicago, Illinois, and vice-president of, and stockholder in, ConsuItants and Administrators and DVCC, and the son of ANGELO FOSCO.

f. Defendant JOHN GIARDELLO was president and business agent of Laborers 767, and was a trustee of the Florida Dental Plan and the 767 Welfare Fund.

g. Defendant SEYMOUR GOPMAN was counsel to the Dade County Fund, the 938 Fund, the 666 Welfare Fund, the 767 Welfare Fund, the Florida Dante Plan, and local Union 478, 666, 767,and 938.

h. Defendant JAMES F. NORTON was president of Consultants and Administrators, vice president of DVCC, and a stockholder in both corporations.

i. Defendant LOUIS OSTRER was the principal operator of Sales Administrators, Inc. and Fringe Benefits, Inc.

j. Defendant TERENCE J. O'SULLIVAN was secretary-treasurer of the Laborers Union until August 1975. Subsequently, he became president of World Wide Insurance Company, Washington, D. C.,

k. Defendant ALFRED PILOTTO was present of Local Union 5, vice-president of the Laborers Chicago District Council, a trustee of the Chicago Dental Plan, and a special international representative of the Laborers Union.

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1. Defendant JAMES PINCKARD was the owner-operator of Pinckard and Associates, Inc. and the son-in-law of Alfred Pilotto.

m. Defendant BERNARD G. RUBIN was an international representative to the Laborers Union, president of the Southeast Florida District Council of the Laborers Union, president of Local Union 666, business manager of Local Union 478, and a trustee of the Florida Dental Plan, Dade County Fund, and 666 Welfare Fund.

n. Defendant SANTO TRAFFICANTE was a resident of Tampa, Florida.

O. Defendant SALVATORE TRICARIO was business agent and recording secretary of Local Union 767 and a trustee of the 767 Welfare Fund..

p. Defendant GEORGE WUAGNEUX was president of Sage Corporation, which was the developer of Drake Towers and a partner in Drake Towers Joint Venture. .

q. Arthur E. Coia was a vice-president of the Laborers Union.

r. Joseph Hauser controlled Farmers National.

s. Daniel Milano (deceased) was executive vice-president of Consultants and Administrators, president of DVCC, and stockholder in both corporations. From on-or about October 1970 and continuously thereafter until December 31, 1977, in the Southern District of Florida and elsewhere, the defendants ANTHONY ACCARDO, JAMES CAPORALE. PAUL A. DI FRANCO, ANGELO FOSCO, PAUL FOSCO; JOHN GIARDIELLO, SEYMOUR A. GOPMAN, JAMES F.NORTON, LOUIS C. OSTRER, TERENCE J. O'SULLIVAN, ALFRED PILOTTO, JAMES PINCKARD, BERNARD G. RUBIN, SANTO TRAFFICANTE, SALVATORE TRICARIO, and GEORGE WUAGNEUX did knowingly, willfully, and unlawfully conspire, combine, confederate, and agree together, with each

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other, and with other persons known and unknown to the Grand Jury, to conduct and participate, directly and indirectly, in the conduct of the affairs of the Laborers Union through a pattern of racketeering activity in violation of Title 18, United States Code, Section 1962(c).

4. It was part of the conspiracy that the defendants and co-conspirators would be employed by or associated with an enterprise which was engaged in, and the activities of which affected interstate commerce, to wit: the Laborers Union, including its subordinate bodies and affiliated benefit plans.

5. It was further part of the conspiracy that the defendants and co-conspirators would commit and cause to be committed multiple acts of racketeering activity, to wit: the unlawful payment and receipt of things of value relating to questions and matters concerning employee welfare benefit plans, in violation of Title 18, United States Code, Section 1954.

6. It was further part of the conspiracy that some of the defendants and the co-conspirators would, directly and indirectly, give, offer, and promise to give and offer, fees, kickbacks: commissions, gifts, loans, money, and other things of value to other defendants and co-conspirators who were administrators, officers, trustees, custodians, counsel, agents, and employees of employee welfare benefit plans, with other defendants and co-conspirators aiding, abetting and counseling both of the previous groups, because of, and with intent to influence, the actions, decisions, and other duties of such defendants and co-conspirators as administrators, officers, trustees, custodians, counsel, agents and employees relating to questions and matters concerning such plan, that is, granting of welfare benefit plan dental, vision and life insurance business.

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7. It was further part of the conspiracy that the defendant ANTHONY ACCARDO would agree to and support the operation of a kickback scheme involving the Laborers Union initially in Chicago and Florida and eventually nationwide in return for payments of money.

8. It was further a part of the conspiracy that defendant SANTO TRAFFICANTE would agree to and support the operation of a kickback scheme involving the Laborers Union initially in Florida and eventually nationwide.

9. It was further part of the conspiracy that defendants; ANGELO FOSCO, TERENCE J. O'SULLIVAN, and other persons, known and unknown to the Grand Jury, constituting at various times pertinent to this indictment the top leadership of the Laborers Union, would receive and agree to receive and solicit fees, kickbacks, commissions, gifts, loans, monies,-and other things of value because of, and with intent to be influenced with respect to, their actions, decisions and duties relating to questions and matters concerning employee benefit plans.

10. It was farther part of the conspiracy that defendants JAMES F. NORTON, PAUL A. DI FRANCO, and other persons, known and unknown to the Grand Jury, would set up and operate Consultants and Administrators and would pay illegal kickbacks to obtain the optical and dental business of the Chicago Dental Plan.

11. It was further part of the conspiracy that the defendants ALFRED PILOTTO and JAMES CAPORALE would collect some of the previously described kickback money paid by Consultants and Administrators for distribution to other defendants and co-conspirators as well as themselves.

12. It was further part of the conspiracy that the defendant JAMES PINCKARD would operate Pinckard-and Associates for the purpose of being a conduit to disguise kickback

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money paid by Consultants and Administrators in the amount of ten percent of the gross premiums, received. which kickbacks were intended for his father-in-law, ALFRED PILOTTO, and other defendants and co-conspirators..

13. It was further part of the conspiracy that DVCC would be set up and operate as the Florida

Associate of Consultants and Administrators and would cause illegal kickbacks to be paid to various defendants and co-conspirators from the fees received from the Laborers Union trust funds.

14. It was further a part of the conspiracy that the defendants BERNARD G. RUBIN and SEYMOUR A. GOPMAN would mastermind and manage the collection of illegal kickback money paid by DVCC in the amount of fifteen percent of the gross premiums paid through a series of conduits for distribution to other defendants and co-conspirators as well as themselves.

15. It was further part of the conspiracy that the defendant SEYMOUR A; GOPMAN would set up and operate Fortune Services and Ace Services as conduits for disguising illegal kickback money received from DVCC.

16. It was further part of the conspiracy that the defendant LOUIS C. OSTRER would direct and manage Sales Administrators, Inc. and Fringe Benefits, Inc., as, among other purposes, conduits for disguising illegal kickback' monies received from DVCC.

17. It was further part of the conspiracy that the defendant GEORGE WUAGNEUX would direct and manage Sage Corporation and Drake Towers Joint Venture as, among other purposes, conduits for disguising illegal kickback monies received by DVCC.

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18. It was further part of the conspiracy that the defendants and other persons, known and unknown to the Grand Jury, would meet and plan to expand the illegal kickback scheme involving dental, vision, and related medical services throughout the country and to branch out to life insurance plans.

19. It was further part of the conspiracy that Joseph Hauser would purchase and operate Farmers National as an insurer of Union members and would pay illegal kickbacks to various defendants, from proceeds received from laborers union trust funds for insurance provided by Farmers National, ant other things of value.

20. It was further part of the conspiracy that the defendant PAUL FOSCO would set up and operate PF Agency as, among other purposes, a conduit for disguising illegal kickback monies.

21. It was further part of the conspiracy that the defendants JOHN GIARDIELLO and SALVATORE TRICARIO would receive and agree to receive kickbacks, commissions, gifts, loans, monies, and other things of value because of, and with intent to be influenced with respect to, their actions, decisions, and other duties as trustees, relating to questions and matters concerning the Florida Dental Plan and Laborers (Local 767) Health and Welfare Trust Fund of Palm Beach County, namely the granting of the optical, dental, and insurance business of those plans.

22. It W85 further part of the conspiracy that the defendants and persons known and unknown to the Grand Jury, would perform other acts during the course of the conspiracy to hide and conceal, and cause to be hidden and concealed. the purpose of the conspiracy and the acts committed-in furtherance of the conspiracy.

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OVERT ACTS

In furtherance of the described conspiracy and to effect the objects thereof, the following overt acts, among others were committed in the Southern District of Florida and elsewhere:

1. In or about October, 1970, defendants ANGELO FOSCO, JAMES CAPORALE, and other persons met in New York, New York, with a representative of the Martin E. & Segal Company to discuss, among other things, the implementation of a dental welfare program in Chicago, Illinois, utilizing Consultants and Administrators.

2. On or about April 27, 1971, a contract for the provision of dental services between the Chicago Dental Plan, and Consultants and Administrators was signed by defendant JAMES NORTON and James Murphy.

3. In about February, 1972, in the Southern District of Florida, defendants BERNARD RUBIN SEYMOUR GOPMAN, SALVATORE TRICARIO, and JOHN GIARDIELLO met with a representative of Consultants and Administrators and demanded kickbacks in return for agreeing to a contract in which Consultants and Administrators, through DVCC, would provide dental and vision care to members of the Laborers Union in Southeast Florida.

4. In 1973 in San Francisco, California, Arthur E. Coia and defendants ANGELO F0SCO, TERENCE O'SULLIVAN, JOHN GIARDIELLO, and SALVATORE TRICARIO met with Joseph Hauser to urge him to obtain an insurance company in Florida, in which they could be partners as to income and into which the Laborers Union insurance business should be funnelled, because they controlled the Insurance Commissioner of Florida.

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On or about September 13, 1972, contracts for the provision of dental and vision services between the Southeast Florida Laborers District Council and DVCC was signed by defendants JAMES NORTON and BERNARD RUBIN.

6. In 1973 defendant TERENCE O'SULLIVAN met with Joseph Hauser and received stock in Equitable Health Corporation of America and cash as an illegal kickback.

7. On or about March 15, 1973, in the State of Florida, defendant SEYMOUR GOPMAN incorporated Fortune Services.

8. On or about May 1, 1973, defendant SEYMOUR GOPMAN, on behalf of Fortune Services, entered into a contract with Paul DiFranco, D.DS., P.A.

9. On or about December 13, 1974, in the State of Florida, defendant SEYMOUR GOPMAN incorporated Ace Services.

10. Between March 1974 and June 1976, in the Southern District of Florida, defendant JOHN GIARDIELLO received periodic payments of $5,000 as illegal kickbacks from Joseph Hauser:

11. Between March 1974 and June 1976, in the Southern District of Florida, defendant SALVATORE TRICARIO received periodic payments of $5,000 as illegal kickbacks from Joseph Hauser.

12. Between February 1972 and May 1976, in the Southern District of Florida, defendant SALVATORE TRICARIO received illegal kickbacks in varying amounts, in the form of cash, from representatives of DVCC.

13. In about June 1974, in the Southern District of Florida, defendant BERNARD G. RUBIN met with Joseph Hauser and received corporate stock in Farmers Financial Corporation as an illegal kickback, said stock being placed in the name of RUBIN's brother-in-law, Leonard Bucker, through a shell corporation known as Eastern Tower Crane Erectors, Inc.

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14. During the period 1974 through 1976 in Chicago, Illinois, defendant JAMES CAPORALE made periodic visits to Consultants and Administrators for the purpose of receiving illegal kickbacks.

15. In about 1974 defendant ANGELO FOSCO met with Joseph Hauser and requested Hauser pay illegal kickbacks to him through a company to be called PF Insurance Agency, owned and operated by his son, defendant PAUL FOSCO

16. During 1974 throw 1976 defendant PAUL FOSCO had conversations with and received payments from employees of Consultants and Administrators as illegal kickbacks for his father, defendant ANGELO FOSCO, and others.

17. On or about April 1, 1975, in Chicago, Illinois, PF Agency, though defendant PAUL FOSCO as president, entered into an agreement with Farmers National.

18. In about mid-1974 defendant JAMES PINCKARD had a conversation with Daniel G. Milano concerning illegal kickbacks which were being paid by Consultants and Administrators to defendant ALFRED PILOTTO and others through Pinckard and Associates.

19. On or about October 29, 1974, in the State of Illinois, Pinckard and Associates was incorporated by defendant JAMES PINCKARD.

20. In the spring of 1974, in Chicago defendant ALFRED PILOTTO met with Daniel Milano (deceased) and discussed PILOTTO's assisting Consultants and Administrators with a new Chicago Dental Plan contract they were seeking in Chicago, Illinois, in return for illegal kickbacks to be paid to defendant ALFRED PILOTTO through the conduit of Pinckard and Associates.

21. In about December 1971 in Chicago, Illinois, defendant ALFRED PILOTTO received a cash kickback from Joseph Hauser in the amount of S2,500.

22 On about July 9, 1974, in Chicago, Illinois, defendant JAMES NORTON. on behalf of Consultants and Administrators entered into an agreement with the Chicago District council, providing dental coverage for members and dependents.

23. During 1974, in the Southern District of Florida, defendant SANTO TRAFFICANTE met with Joseph Hauser, and defendants JOHN GIARDIELLO and SALVATORE TRICARIO and discussed the fact that when Hauser obtained a nationwide insurance company, then "the family" and the Laborers Union hierarchy were going to be part of Farmers National and all Laborers Union insurance business would be funnelled into Farmers National.

24. In about December 1974 in Chicago, Illinois, defendant ANTHONY ACCARDO had a conversation with Joseph Hauser and defendants ALFRED PILOTTO and ANGELO FOSCO wherein ACCARDO stated that they were going to make Hauser's company the largest insurance company in the United States with profits being funnelled through PF Agency and also advised Joseph Hauser at that meeting that he was "family" because of ANGELO FOSCO's recommendation.

25. In about February 1975, defendant BERNARD RUBIN, Joseph Hauser, and others traveled from Miami, Florida to Tallahassee, Florida, and met with Florida State Insurance Commissioner Thomas O'Malley in order to have him decide certain matters in favor of Farmers National.

26. Between late 1974 and October 1, 1975, in Chicago, Illinois, Arthur E. Coia and defendants ANTHONY ACCARDO and ALFRED PILOTTO met with Joseph Hauser and Charles Morris, an Indiana Laborers official, and discussed

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placing the Indiana Laborers Insurance business with Farmers National.

27.In 1975 in Chicago, Illinois, defendant ANTHONY ACCARDO had a conversation with Joseph Hauser wherein he advised Hauser that defendant TERENCE O'SULLIVAN was being removed from the Laborers Union and that Hauser would have to set up O'SULLIVAN in an insurance agency in Washington, D. C.

28. On or about February 12, 1975, in the Southern District of Florida, defendant BERNARD RUBIN received a $120.000 kickback from Joseph Hauser.

29. During the spring of 1975, in the Southern District of Florida, defendant SANTO TRAFFICANTE met with Joseph Hauser and defendants BERNARD RUBIN and GEORGE WUAGNEUX and offered to assist Hauser in his effort to get more Laborers Union business stating he wanted Farmers National to expand since his share of the kickbacks, to that point in time, amounted to "peanuts".

30. On or about September 17, 1975, defendant LOUIS OSTRER and Daniel Milano (deceased) signed a service agreement between DVCC and Sales Administrators, Inc.

31. Between May 1973 and December 1974, in the Southern District of Florida, defendant SET IN received checks drawn on behalf of DVCC in the total amount of $502,911.80, made payable to Fortune Services, as kickbacks.

32. Between about January 14, 1975, and August 6, 1975, in the Southern District of Florida, defendant SEYMOUR GOPMAN received checks drawn on behalf of DVCC in the total amount of $152,053, made payable to Fortune Services, as kickbacks.

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33. Between about September 29, 1975, and December 4, 1975, defendant LOUIS OSTRER, as the operator of Sales Administrators, Inc., received checks drawn on behalf of DNCC in the total amount of $100,000, as kickbacks.

34. In about winter 1975, in the Southern District of Florida, defendant LOUIS OSTRER had a conversation with Joseph Hauser wherein they discussed the manner in which OSTRER was assisting in laundering illegal kickbacks received from DVCC through Sales Administrators, Inc.

35. In about January 1976, defendant GEORGE WUAGNEUX, as president of Sage Corporation, entered into an agreement with DVCC, establishing Drake Towers Joint Venture.

36. In 1976 in the Southern District of Florida, defendant . GEORGE WUAGNEUX had a conversation with Joseph Hauser wherein they discussed the manner in which WUAGNEUX was assisting in laundering illegal kickbacks received from DVCC.

37. In about March 1976, in the Southern District of Florida, defendant JAMES CORPORALE met with Joseph B user and received $10,000 as a kickback to influence CORPORALE to place the Chicago District Council insurance with Farmers National.

3a. On or about June 17, 1976, defendants JAMES NORTON and PAUL DiFRANCO and Daniel Milano (deceased) caused a payment to be made to Drake Bowers Joint Venture, which payment represented an illegal kickback.

39. During 1975 defendant ANTHONY ACCARDO had a conversation with Joseph Hauser in which he advised Joseph Hauser that the insurance business of the Laborers Union would be controlled by the family with defendant SANTO TRAFFICANTE controlling the southern United States

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an individual known to the Grand Jury controlling the northeast United States, and ACCARDO controlling the Midwestern United States and advised Joseph Hauser that when Hauser obtained a national insurance company, defendant SANTO TRAFFICANTE's share of the proceeds would have to be increased since TRAFFICANTE was dissatisfied with the amount of money he was currently receiving.

40. Between about March 16, 1976' and July 15, 1977, in the Southern District of Florida, defendant GEORGE WUAGNEUX, as president of Sage Corporation, received checks drawn on behalf of DVCC in the total amount of $425,000, made payable to Drake Towers Joint Venture, as kickbacks.

41. Between about NOVEMBER 13, 1974, and January 19, 1977' in Chicago, Illinois, defendant JAMES PINCKARD, as owner-operator of Pinckard and Associates, received checks in the total amount of $452,737.80, as kickbacks.

42. Between about December 12, 1977 and December 15, 1977 defendant LOUIS OSTRER, as operator of Fringe Benefits, Inc. received checks drawn on behalf of DVCC, in the total amount of $75,000, as kickbacks.

43. Between July 9, 1974, and July 1, 1976, in the Southern District of Florida and elsewhere, Joseph Hauser caused kickbacks to be made to PF Agency, which was controlled by defendant PAUL FOSCO, in the total amount of $223,863.72.

All in violation of Title 18, United States Code, Section 1962(d).

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THE GRAND JURY FURTHER CHARGES:

1. The allegations contained in Count One are incorporated by reference herein for the purpose of alleging forfeitures pursuant to the provisions of Title 16, United States Chow, Section 1963.

2. Through the aforesaid pattern of racketeering activity, the defendants ANTHONY ACCARDO, JAMBS CORPORALE, PAUL A. DI FRANCO, ANGELO FOSCO, PAUL FOSOO, JOHN GIARDIEELO, SEMOUR A. GOPMAN, JAMES F. NORTON, LOUIS C. OSTRER, TERENCE J. O'SULLIVAN, ALFRED PILOTTO, JAMES PINCKARD, BERNARD G. RUBIN, SANTO TRAFFICANTE, SALVATORE TRICARRO, AND GEORGE WUAGNEUX have acquired and maintained interests in violation of Title 18, United States Code, Section 1962, thereby making these interests subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 1963.

3. The interests of the defendants subject to forfeiture to the United States include any and all proceeds of the pattern of racketeering alleged in Count One and any and all interests, securities, claims, and property and contractual rights acquired through the use of these proceeds, including $2,064,066.32 paid and received as kickbacks as set forth in Count One Overt Acts, paragraphs 21, 28, 31, 32, 33, 37, 40, 41, 42, and 43, and $12,460 contained in seven (7) white envelopes seized by the Federal Bureau of Investigation on October 6, 1976 at Consultants and Administrators, 220 South Ashland Avenue, Chicago, Illinois.

4. The defendants are jointly and severally liable to the United States for this forfeiture.

5. The defendants, JAMES CAPORALE, ANGELO FOSCO, JOHN GIARDIELLO, TERENCE O'SULLIVAN, ALFRED PILOTTO, and SALVATORE TRICARIO, have interests in legal entities through which they have established, operated, controlled

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conducted, and participated, directly and indirectly, in the conduct of the enterprise through a pattern of racketeering activity in violation of Title 18, United States Code, Section 1962, thereby making these interests subject to forfeiture to the United States pursuant to Title 18, United State Code, Section 1963. These interests of defendants subject to forfeiture are any and all positions with the Laborers International Union of North America and any of its district councils and local unions and any positions as trustee of any Employee Benefit Plans associated with the Laborers International Union of North America and any of its district councils and local unions

All in violation of Title 18, United States Code, Section 1963.

A TRUE BILL

s/Harry Deiderick
FOR PERSON

ATLEE W. WAMPLER III
UNITED STATES ATTORNEY
Southern District of Florida

s/MARTHA P ROGERS
for WILLIAM D. HYATT

s/John M. OWENS
ATTORNEY, DEPARTMENT OF JUSTICE

s/Martha P. Rogers
ATTORNEY, DEPARTMENT OF JUSTICE

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA

CASE No. 81-230 CR-ALH,
ESTIMATED TRIAL TIME

ANTHONY ACCARDO a/k/a Joe Batters
JAMES CORPORALE
PAUL A. DiFRANCO
ANGELO FOSCO
PAUL FOSCO
JOHN GIARDIELLO
SEYMOUR A. GOPMAN
JAMES F. NORTON,
LOUIS C. OSTRER
TERENCE J. O'SULLIVAN
ALFRED PILOYYO a/k/a Orfeo Jerrer Pilota
JAMES PINCKARD
SANTO TRAFFICANTE
SALVATORE TRICARIO
GEORGE WUAGNEUX

CERTIFICATE OF TRIAL ATTORNEY

I hereby certify:

1. I have carefully considered the allegations of the complaint, the number of defendants, the number of probable witnesses and the legal complexities of the indictment, information attached hereto.

2. I am aware that the information supplied on this statement will be relied upon by the judges of this Court in setting their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, 18

U.S.C. ž3161

3. This case will take 7 weeks for the parties to try.

JOHN M.OWENS
ATTORNEY FOR THE UNITED STATES
(Special Attorney)
Miami Strike Force
Organized Crime and Racketeering Section

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