MARY JO WHITE
United States Attorney for the
Southern District of New York
By: Allan N. Taffet (AT-5181)
Assistant United States Attorney
100 Church Street, 19th Floor
New York, New York 10007
Tel. No.: (212) 385-6367
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA and ROBERT B.
REICH, Secretary of the United States Department of Labor,
MASON TENDERS DISTRICT COUNCIL OF GREATER
NEW YORK, et al.,
hereby declares, pursuant to 28 U.S.C. § 1746, under penalty
of perjury, as follows:
1. In 1982, I was made a member of the
Luchese Organized Crime Family (the "Luchese Family").
On September 21, 1991, I voluntarily began cooperating with the
Federal Government. At that time, I was the Acting Boss of the
Luchese Family. From approximately 1988 until January 1991, I
was a capo of the Luchese Family. As a made member, a capo and
Acting Boss of the Luchese Family, I often spoke with members
of the other organized crime families known as ''La Cosa Nostra"
("LCN"), or the Mafia.
Through my associations with members of the
LCN, I knew that the Genovese, Luchese and Gambino Organized Crime
Families exercised considerable influence over the affairs of
the Mason Tenders District Council of Greater New York ("District
Council") and several of its constituent Locals (the "Locals").
The District Council and its constituent Locals are affiliated
with the Laborers' International Union of North America ("LIUNA").
1. I was born July 28, 1932, in Brooklyn,
New York. Shortly after I began cooperating with the Federal Government,
I began living under the protection of either the Federal Bureau
of Investigation or the United States Marshal's Service.
2. I have provided information to the Federal
Bureau of Investigation, the United States Department of Justice,
and other law enforcement agencies. I also have given testimony
against people who are high ranking members of the LCN. For this
reason, I am of the opinion that if my current whereabouts were
revealed, I and my family would be in danger of being killed or
seriously harmed. I know this to be true because on September
18, 1991, Frank Lastorino and Anthony Baratta, two capos in the
Luchese Family, Mike DeSantis, a soldier in the Luchese Family
and others plotted to kill me in the Kimberly Hotel in Manhattan.
Having failed in their attempt to kill me,
they threatened to kill members of my immediate family.
3. Throughout my entire life, I have associated
with persons who were either members or associates of a criminal
organization known to me as "La Cosa Nostra." "La
Cosa Nostra" is a phrase in the Italian language that translates
into the English language as "our thing" or "this
thing of ours." As a child, I became aware of the existence
of the LCN and I routinely associated with high-ranking LCN bosses
of various LCN families who resided in or visited my neighborhood
in Brooklyn, New York.
4. The LCN is a nationwide criminal organization
that is divided into units, each of which is called a "family"
or, as it is known in the Italian language, ""il borgata."
In 1982, I became a member of the Luchese Family of the LCN and
ultimately rose to high levels in that Family. An LCN family is
named after the city in which it is located or after the name
of the boss or a former boss. The Luchese Family is located in
New York, New York and is named after Gaetano Luchese. In 1982,
when I became a member of the Luchese Family, Anthony "Tony
Ducks" Corallo was the boss.
5. Each LCN family is governed by a "boss,"
who oversees all of the activities of the family. The boss is
assisted in overseeing the family by an underboss. and a
"consigliere" or counselor. The
family is divided into crews of members who are known as "soldiers"
or "made men". "Made" members of the LCN are
also referred to as being "straightened out". The activities
of each crew are supervised by an individual referred to alternatively
as a "captain", "caporegime", or "capodecina"
(hereafter referred to as "capos"). "Made"
members have "associates" who assist the "made"
members in conducting their criminal activity.
6. In 1982, when I became a "made"
member of the Luchese Family, I was assigned to the crew of the
late Paul Vario. In 1988, Vic Amuso, who became boss of the Luchese
Family after the imprisonment of Anthony Corallo, appointed me
to be the caporegome of my crew after Paul Vario's death. On January
9, 1991, Vic Amuso named me the acting boss of the Luchese Family,
while he and Anthony "Gaspipe" Casso, the underboss,
were fugitives from a federal indictment, or "on the lam".
7. The national affairs of the LCN are
governed by a "Commission" whose members include the
bosses of the major LCN families. In 1991, when I began to cooperate
with the Federal Government, the bosses of the Genovese, Luchese,
Gambino, Colombo and Chicago Organized Crime Families were voting
members of the Commission. The Commission's functions include:
(1) resolving disputes among or between families; (2) recognizing
the selection of bosses by the various families;
and (3) establishing rules for the activities of the families.
8. LCN families exist in major cities throughout
the United States. The following are the LCN families in New York
that have influence over the District Council and its Locals:
a. The Gambino Organized Crime Family (the
"Gambino Family"), which is headquartered in New York,
New York. The boss of the Gambino Family is one of the four New
York bosses who is a voting member of the Commission.
b. The Genovese Organized Crime Family (the
"Genovese Family"), which is headquartered in New York,
New York, and operates in various locations throughout the United
States. The Genovese Family has always had an extremely close
relationship with the Chicago Family. The Genovese Family is the
only LCN family I have ever known to have a member designated
as "il messaggero," a messenger between the Genovese
and Chicago Families. The Genovese Family is named after Vito
Genovese. I have always considered the Genovese Family to be the
most powerful LCN family in the United States. Vincent "Chin"
Gigante has been the boss of the Genovese Family for years even
though others have been held out to be the boss.
c. The Luchese Family, of which I was a
member, at one time exercised influence over most of the labor
unions in New York. Gradually, control of
various unions was ceded to other families, particularly
to the Gambino Family. When Thomas Luchese, also known as "Three
Finger Brown," or "Tommy Brown," was the boss of
the Luchese Family, the Luchese Family was feared because many
of its members were "shooters."
9. During the time I was a member of the
Luchese Family, the family made money through a variety of illegal
activities including gambling, loansharking, and dealing in stolen
property. One of our most; profitable activities, however, involved
the corruption of labor unions. We obtained money from corrupt
labor unions through activities such as "shaking down"
businesses that employed members of the unions, "ghost payrolling"
family members, and corrupting employee pension funds. The Luchese
Family made money from corrupt officials of the following unions:
the International Brotherhood of Teamsters, the Carpenters Union,
"the Bricklayers Union, the Painters Union, the Allied Guard
Union, the Ornamental Iron Workers Union. the Newspaper Drivers
Union, the Mason Tenders and LIUNA. In part by exercising influence
over these labor unions, the Luchese Family was able to engage
in illegal activities at John F. Kennedy International Airport
in Queens, New York. Because the Luchese Family exercised influence
over various unions, we were able to ensure that members
and associates of the
Luchese Family were paid by these unions
in several ways including: placing a member in a legitimate job
in the union; placing a member in an official position in the
union; or having a member in a "ghost payroll," or "no-show"
job on a construction site.
10. The LCN tries to control labor unions
for a variety of reasons. Principally, control over labor unions
enables an LCN family to obtain a large amount of revenue through
both legitimate and illegitimate activities. Controlling a labor
union also allows an LCN family a means of entering into legitimate
commerce either by guaranteeing labor union jobs for family members
and associates, or by providing a competitive advantage to businesses
that are influenced by the LCN. If the LCN has influence over
a labor union, it can allow an LCN-controlled business to operate
without a union contract, while forcing unions to enforce the
union contract against non-LCN controlled businesses. Corruption
of labor unions is important to the continued strength of the
11. Because I was significantly involved
in the affairs of the Luchese Family for more than 30 years, I
know that the Luchese Family exercised influence over three Mason
Tenders' Locals in the New York City area: Locals 46, 48, and
66. At one time, the crew of which I was capo exercised control
47. In or around 1970, however, Paul Vario,
who had been a capo of the crew that once exercised control over
Local 47, sold his influence over Local 47 to an individual named
"Cicco," a "made" member of the Genovese Family,
for $15,000.00. Vario should not have done this because influence
over Local 47 belonged to the Luchese Family and not to Vario.
1. As a high ranking member of the Luchese
Family, I often met with high-ranking members of other LCN Families.
In 1988, I was introduced to Barney Bellomo, who was then a capo
in the Genovese Family. In the summer of 1990, Bellomo was formally
introduced to me, and identified as the Acting Boss of the Genovese
Family. At the same time, Jimmy Ida, was formally introduced to
me, and identified as the Acting Consiglieri. Later, Mickey Generoso
was formally introduced, to me and identified as the Acting Underboss
of the Genovese Family.
2. The Genovese Family exercised influence
over the Mason Tenders District Council and Locals 13, 37, 51
and 59 through an individual named Jimmy Messera, also known as
"Jimmy from Elizabeth Street". Messera was introduced
to me and identified as a capo in the Genovese Family
3. The Genovese Family also exerted influence
over the Carpenters Union in New York City. Bellomo exerted influence
over the operations of the Carpenters Union
at Jacob Javits Convention Center for the Genovese Family. Bellomo's
representative at the Javits Center was Ralph Coppola, a "made"
member of the Genovese Family who had a position with the Carpenters
Union at the Javits Center.
4. In 1990, I organized a construction
panel for the Luchese Family. The purposes of establishing the
construction panel were to coordinate the Luchese Family's control
over construction unions, including the Mason Tenders, the Carpenters
Union and other unions involved in the construction industry;
to ensure that construction companies that the Luchese Family
exercised influence over obtained jobs; to facilitate communication
between the Luchese Family and other LCN families regarding control
over labor unions and construction jobs; and to frustrate law
enforcement efforts to investigate corruption in the construction
5. When the panel was formed, I appointed
Dominick Truscello, a Luchese Family capo, to serve as its head.
I also assigned Steve Crea, a Luchese Family capo, and Danny Cutaia,
a member of my crew, to assist Truscello. In the summer of 1991,
Amuso and Casso appointed Richie Pagliarullo, another Luchese
Family capo. to replace Truscello as the head of the panel.
6. Each of the New York LCN Families designated
a representative to the Luchese Family construction panel. In
1990, at a bar and restaurant near the Amsterdam Billiard Club
on Amsterdam Avenue in Manhattan, Bellomo and Jimmy Ida, Acting
Consiglieri of the Genovese Family, advised me that Ralph Coppola
would be the Genovese Family's representative to the Luchese Family
construction panel. Among Coppola's functions as the Genovese
Family's representative would be to facilitate communication between
the Genovese Family and the Luchese Family.
7. For instance, during the summer of 1991,
""Quiet Dom" Cirillo sent a message concerning
a labor racketeering deal through Coppola, the Genovese Family's
representative to the Luchese Family construction panel, to Truscello
and Crea. The deal concerned a contractor who was "with"
the Genovese Family, but wanted to use Local 48, which has long
been controlled by the Luchese Family, on a certain job. Normally
the contractor would employ Local 59 members, because Local 59
is controlled by the Genovese Family. However, for this construction
job, the contractor got a "better rate" by using Local
48. In return for allowing the contractor to use Local 48 employees,
the contractor would make a $100,000 payoff, which would be split
equally between the Genovese and Luchese Families. The contractor
was to make an additional $15,000 payment, which was later reduced
$10,000, to Teddy Persico, a Colombo Family
capo. The payment to Persico was for a previous debt owed by the
contractor to the Colombo Family. After learning of the deal from
Coppola, Truscello and Crea told me of the deal in order to "put
it on record." Thereafter, the deal was complete.
8. Johnny Gammarano, a "made"
member of the Gambino Family, represented the interests of all
of the Gambino controlled Locals to the Luchese Family construction
1. Before his conviction in 1989, Peter
"Butch" Vario, a Luchese Family associate, who was also
an officer of Local 46 and the nephew of Paul Vario, exercised
influence over Local 46 for the Luchese Family. Butch Vario reported
to Joseph "Pippeneddu" Frangipane, a made member of
the Luchese Family.
2. In 1989, after the convictions of Pippeneddu
and Butch Vario, LIUNA put Local 46 into trusteeship. Following
the trusteeship, the Luchese Family assigned Peter "Rugsy"
Vario, a soldier, to oversee the Luchese Family's interest over
Local 46. During this period of time, I learned that certain members
and associates of the Genovese Family, led by Edward "Eddie"
DioVisalvo, were representing themselves as officials of Local
46. As officials of Local 46, these Genovese Family associates
were exercising influence over Local 46,
even though Local 46 had long been controlled by the Luchese Family.
3. Because of the dispute over whether
the Luchese or Genovese Families were to control Local 46, Dominick
Truscello, the head of the Luchese Family construction panel,
had many "sitdowns" with James Messera. Truscello would
report to me after the "sitdowns" between he and Messera.
During those "sitdowns" Truscello and Messera discussed
the Genovese Family's attempt to wrest control of Local 46 from
the Luchese Family by installing "Eddie" into a union
4. At some point in late 1989 or early
1990, the situation with Eddie and his associates became intolerable
to the Luchese Family. As a result, I asked Vic Amuso and Anthony
Casso for instructions in handling this matter. Casso told me
to have "Eddie beaten. Following these instructions, "Rugsy"
Vario and Anthony Grada, a Luchese Family associate, beat Eddie
with axe handles. Shortly after this incident, in early 1990,
Peter "Rugsy" Vario and I had a "sitdown""
with representatives of the Acting Genovese Family, including
Jimmy Ida, consigliere of the Genovese Family; Mickey Generoso,
a capo of the Genovese Family; and Jimmy Messera. The sitdown
occurred at Little Charley's Clam Bar and Scungilli House on Kenmare
Street in New York.
5. I told Ida, Generoso and Messera that
the Luchese Family wanted Eddie and the other Genovese associates
to be removed from their official positions in Local 46 because
the Luchese Family controlled that Local. I also told them that
the Luchese Family would be installing Joseph Luciano, "Rugsy"
Vario's relative, as president of Local 46. In response, Messera
implied that Luciano was a "rat, in other words, someone
who was weak and if pressured could become an informant to law
enforcement officials. When I confronted Messera and asked if
he was indeed calling Luciano a "rat," Messera backed-down.
I left "Rugsy" Vario to work out the details with Messera.
Soon thereafter, Joseph Luciano, a Luchese Family associate, was
installed as president of Local 46 and "Eddie" was removed.
1. Joey Giampa, a capo in the Luchese family,
exercises influence over Local 48. The Luchese Family's influence
over Local 48 is carried out by Michael Capra, a union officer
at Local 48 and a soldier in Giampa's crew. In 1990 & 1991
Michael Capra and his father Joe, also a Luchese Family soldier,
were responsible for making a $1,100.00 per week payment to the
Luchese Family. In 1990 and 1991, Joey Giampa made the payment
to me directly or made the payment to Truscello who gave the payment
to me. I gave the money to Vic Amuso and Anthony Casso.
2. I keep records of the payments. A copy
of one of the records in my handwriting is attached to this declaration
as Exhibit "A". Payment from Giampa is reflected on
this document as item No. 11 and reflects a $3,300.00 payment
made on March 14, 1991 for three weeks of payments from the Mike
and Joe Capra. A copy of another record in my handwriting is attached
to this declaration as Exhibit "3." Payment from Giampa
is reflected on this document as item number 6 and shows a $4,400
payment made on December 29, 1990, for four weeks of payments
from Mike and Joe Capra.
3. The Luchese family also exercises influence
over Local 66. Prior to Paul Vario's death in 1988. his Luchese
Family crew exercised control over Local 66 through Luchese Family
soldiers, Peter "Jocko" Vario and Michael "Big
Mike" LaBarbera, Jr.. Both Peter "Jocko" Vario
and Michael "Big Mike" LaBarbera, Jr. served with me
in Paul Vario's crew. During the time Paul Vario supervised Local
66 for the Luchese Family, "Jocko" Vario and "Big
Mike" LaBarbera paid $10,000 per year to the Luchese Family
from Local 66. After Anthony Corallo's imprisonment in 1986, and
Paul Vario's death in 1988, Jocko Vario and "Big Mike"
LaBarbera were required to kick back 50% of the money they received
from union-related illegal activities. The
payments were given to Rugsy Vario, who gave
them to Truscello who gave them to me.
4. After Vic Amuso and Anthony Casso "went
on the lam" and I became the acting boss, Dominick Truscello,
as head of the Luchese Family's construction panel, supervised
the Luchese Family's interests at Local 66. In 1990, following
the convictions of "Jocko" Vario, "Big Mike"
LaBarbera, Jr., and James G. Abbattiello for labor racketeering,
Gerald "Gerry" Losquadro, a Luchese Family associate
continued to oversee the Luchese Family's interests at Local 66.
Although Gerry continued to make payments to the Luchese Family,
the payments were insufficient. In addition, Gerry was avoiding
other of the Luchese Family's demands. Given Gerry's behavior,
I instructed Luchese Family soldier, Peter "Rugsy" Vario,
Luchese family associates Mikey Corcione and ""Bonesy"
Corcione, to accompany Dominick Truscello to a meeting with Gerry.
At the meeting they were to instruct Gerry to respect all of the
Luchese Family's demands, including placing individuals the Luchese
Family had selected in union officer positions and kicking back
50% of the profits they were receiving from extortion and other
union-related illegal activity to the Luchese Family.
5. Attached to this declaration as Exhibit
"B" is another document that I prepared. The third notation
L.I.P.V." on Exhibit "B" reflects
a $3,000 payment from the lawyer and/or accountant that represented
Local 66. In 1990, payment was given to Peter "Jocko"
Vario, who gave it to Peter "Rugsy" Vario who gave it
to me. The twenty-eighth notation "4,000 L.I. const"
on Exhibit B represents $4,000 owed to the Luchese Family from
the lawyer and/or the accountant for the Local 66 "kick back"
scheme. The twenty-ninth notation "8,900 L.I. P.V. 6/24"
represents a $8,900 payment collected by Peter "Jocko"
Vario from the lawyer and/or accountant from Local 66. Jocko Vario
gave these payments to Peter "Rugsy" Vario. I received
this payment from Peter "Rugsy" Vario on June 24, 1991.
Exhibit "A" reflects another payment in the notation
"5) 2/12 60.00 DM (L. IL)." That notation means that
on February 12, 1991, Dominick Truscello made a payment to me
in the amount of $6,000 from labor peace and other schemes from
Local 66. Because LaBarbara and "Jocko" Vario were
incarcerated at that time, the collection would have been made
1. I know from my involvement with the
LCN and from having to deal with the Genovese Family concerning
Mason Tenders' matters that Local 13 was run by a man named Basil
Cervone who the followed the lead of the Genovese Family in directing
the affairs of this local. Basil Cervone is a Genovese Family
2. Local 51 is a union whose members are
involved in construction projects at Kennedy Airport. Jimmy Messera
exercised influence over Local 51 through a man named Anthony
"Scal" Sclafania, a long time associate of the Genovese
Family and a delegate for Local 51. The Genovese Family uses its
influence over Local 51 to shakedown contractors engaged in construction
projects at the airport.
3. Dominick Truscello told me of an individual
named Danny Pagano, who is a Genovese Family associate. Danny
Pagano exercises influence over Local 59 for the Genovese Family.
Danny Pagano also represents the interests of HRH Construction,
a company that is "with" the Genovese Family. The Luchese
Family dealt with Danny Pagano concerning business with Local
59 and HRH Construction.
Executed: October 5 , 1994