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) 385-6349
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA and ROBERT B. REICH,,
Secretary of the United States Department
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 1976, I became a "made"
member of the Gambino Organized Crime Family, one of the five
La Cosa Nostra families in New York. La Cosa Nostra ("LCN")
means "our thing," and is the way in which the organized
crime families of the Mafia refer to themselves and their members.
In January 1986, I became a "captain,. supervising a "crew"
of "members" or "soldiers" in the Gambino
Organized Crime Family (the "Gambino Family"). At the
time of my arrest in December 1990, I was Underboss of the Gambino
Family, reporting to the Boss of the Gambino Family, John Gotti.
This declaration is based on information that I learned prior
to November 8, 1991, when I began cooperating with the
2. As a "made" member and Underboss
of the Gambino Family, I have personal knowledge of the influence
of the Gambino Family over the affairs of the Mason Tenders District
Council ("District Council") and in particular constituent
local union 23 ("Local 23"). My personal knowledge is
based on conversations I had with Mason Tenders' union officials
and through my associations and conversations with members of
the Gambino Family as well as with members of other organized
3. I am aware that the Gambino Family's
influence over Local 23 dates back at least to 1982, when Louis
Giardina ("Giardina"), a "made" member of
the Gambino Family, served as President of Local 23. Giardina
also served on the Executive Board of the Mason Tenders District
Council. Giardina continued to represent the Gambino Family interests
at Local 23 and the District Council until he was convicted of
RICO conspiracy in l987.
4. In the early 1980's, Giardina on behalf
of the Gambino Family entered into a "sweetheart" contract
with a demolition company, which was owned by Eddie and Manny
Garafola. Eddie Garafola was a Gambino Family associate. In return
for making kickbacks to the Gambino Family, the demolition company
was allowed to employ non-union labor, rather than using Local
23 employees. In return, the company made a $120,000 kickback,
which was made in three separate $40,000
payments. Giardina was to receive $40,000; Paul Castellano, the
boss of the Gambino Family, was to receive $40,000; and I was
to receive the remaining $40,000. After Giardina collected the
first payment, I told him to give it to Castellano. I told Giardina
to keep the second payment and to give the last payment to Castellano,
and I would get the payment from him. Giardina gave the last payment
to Castellano; however, Castellano never gave the payment to me.
5. Prior to the time Louis Giardina began
his sentence in approximately 1988, I met with Louis Giardina
to discuss the Gambino Family's continuing influence over Local
23 and the District Council. At that meeting, Giardina and I agreed
that, in order to maintain the Gambino Family's influence over
Local 23 and the District Council, Joseph Delmonico "Joe
Brewster" another "made" member of the Gambino
Family, would be elevated from shop steward to Business Organizer
at Local 23 and would serve as a delegate to the District Council.
However, Joe Delmonico, was lazy and did not bring in any money
for the Gambino Family. As a result, the Gambino Family appointed
Johnny Gammarano, a made member of the Gambino Family, to work
with Joe Delmonico. The Gammarano exerted the Gambino Family's
influence over Local 23 through Delmonico.
6. The Gambino Family exerted its influence
over Local 23 predominantly by designating the shop stewards.
The shop stewards exert power over union members in several ways.
First, the shop stewards decide which union members will be
called to fill openings at the job site.
Second, shop stewards can control "no-show" jobs because
they check the members in and out of the job site each day. The
shop steward can check in a member who will not actually work,
creating a "no-show" job. Third, a shop steward can
perform a variety of favors for union members at the job site,
such as allowing them to leave early or arrive late. In return
for such favors the shop stewards can demand that union members
vote for the Gambino Family's choices as officers of the local
and delegates to the District Council.
7. During the meeting I had with Giardina
before he went to jail, Giardina and I decided that the following
persons, who were Gambino Family associates, would be placed in
shop stewards positions in Local 23: the son of Gambino Organized
Crime Family "Captain" Jack Giordano; Vinnie Gotti,
the younger brother of John Gotti, the Boss of the Gambino Organized
Crime Family; Peter Gotti, the son of Gambino Organized Crime
Family "Captain" Peter Gotti; and Jerry Garafola, my
nephew. I know that these individuals were in fact placed in shop
steward positions at Local 23 at the behest of the Gambino Family.
8. I know an individual named Danny Pagano,
a Genovese associate, who is a powerful force in the construction
industry and represents the Genovese Family's interests in Local
59. In the mid-to-late 1980's, I met Pagano in the lobby of either
the World Trade Center or the Vista Hotel. Pagano also
has strong ties to Local 104, another Local
that the Genovese Family exerts influence over, and HRH Construction,
a company that the Genovese Family exerts influence over.
9. Pagano also has a close relationship
with Johnny Gammarano, a "made" member of the Gambino
Family, who I would regularly rely on to relay messages to people
in the construction industry. When the Gambino Family wanted to
exert influence at Local 59, the Gambino Family would contact
Danny Pagano through Johnny Gammarano. For example, the Gambino
and Genovese Families would agree to share a kickback from a contractor
who would use Local 59 when the job would be located in Local
23's jurisdiction. On other occasions, John Gotti and I would
send a message to Pagano through Gammarano that Local 59 employee
could work a job in Local 23's jurisdiction. In return, the Genovese
Family would allow Local 23 to do a job in Local 59's jurisdiction.
10. As Underboss of the Gambino Family
and through my associations and conversations with members of
the other organized crime families in New York City, I knew that
the Genovese Family maintained control over the Mason Tenders
District Council throughout the 1980's and up until the time of
my imprisonment in 1990.
11. The Gambino Family likes to control
unions of unskilled workers, such as the Mason Tenders, because
there are no apprenticeship or special training requirements to
member in such unions. As a result, members
and associates of the Gambino Family could be placed easily into
Mason Tenders' jobs, even though they generally lacked training
or experience in the more skilled forms of construction work.
12. The LCN likes to have control and influence
over labor unions because such control provides organized crime
with a "power base." Through control over labor unions,
the LCN can slow a construction job to a "snail's pace,"
which then provides the LCN with great power over a contractor,
who wants a job completed as quickly and as cheaply as possible.
Second, by controlling labor unions, the LCN has an easy way to
employ people in legitimate jobs. Third, organized crime can infiltrate
legitimate businesses by influencing bids for contracts. If organized
crime controls a union and favors a specific contractor, organized
crime can ensure that: the company seeking bids favored by organized
crime is hired; that there will be no labor problems; and that
the project will be completed at a lower cost.
13. I know an individual named Louis Moscatiello,
an associate of the Genovese Family, who exerts influence over
the District Council of New York City and Vicinity of the United
Brotherhood of Carpenters and Joiners of America ("District
Council") for the Genovese Family. Moscatiello reports to
someone I know as "Barney." Photographs of that person
are attached as Exhibit A. Barney is a member of the Genovese
and, at the time of my own arrest, was the
acting Boss of the Genovese Family. Barney also exercised influence
over the District Council through a person named Ralph, whose
last name I do not know. A picture of that person is attached
as Exhibit B.
14. In 1990, Alphonse "Al" D'Arco,
a captain in the Luchese Family, created a construction panel
for the Luchese Family. Initially, D'Arco proposed to establish
the construction panel for all of the New York LCN families. D'Arco
wanted the construction panel to divide control over construction
jobs, to share illegal payments from those jobs and to settle
disputes among the families regarding control over labor unions
and construction jobs. Because the Gambino Family wanted to deal
with individual contractosr on our own terms, John Gotti, the
Boss of the Gambino Family, and I agreed that the Gambino Family
would not join the construction panel. However, I assigned Johnny
Gammarano to communicate the Gambino Family's interests in construction
matters with Dominick Truscello, the head of the Luchese construction
Executed: October 17 , 1994.