UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

Plaintiff

V.

LABORERS' INTERNATIONAL UNION OF

NORTH AMERICA, AFL-CIO

DRAFT COMPLAINT

JOSEPH AIUPPA,

ARTHUR J. BERNE,

LOUIS CASCIANO,

JAMES B. CASTALDO,

JOHN CATANZARO,

RAYMOND FLYNN,

JAMES F. GALLO,

JOHN' GIARDIELLO,

MICHAEL LABARBARA, JR.,

GENNARO LANGELLLA,

ANTHONY D. LIBERATORE ,

CHESTER J. LIBERATORE,

LOUIS ANTHONY MANNA, also known as
"Bobby Manna,"

JAMES MESSERA,

ROCCO J. NAPOLI,

CARMINE PERSICO,

ALFRED PILOTTO,

JOHN RIGGI,

JOSEPH P. ROSATO,

DANIEL G. SANSANESE, JR.,

JOSEPH A. TODARO, SR.,

JOSEPH A. TODARO, JR.,

SALVATORE TRICARIO,

MATTHEW MICHAEL TRUPIANO, JR.,

PETER VARIO, also known as "Jocko,"

PETER A. VARIO, also known as "Butch"

THE GENERAL EXECUTIVE BOARD OF

THE LABORERS' INTERNATIONAL

UNION OF NORTH AMERICA, AFL-CIO,

ARTHUR ARMAND COIA,
General President,

ROLLIN P. "BUD" VINALL,
General Secretary-Treasurer,

MASON M. "MAX" WARREN,
First Vice-President,

JOHN SERPICO,
Second Vice-President,

VERE O. HAYNES,
Third Vice-President,

SAMUEL J. CAIVANO,
Fourth Vice-President,

ENRICO MANCINELLI,
Fifth Vice-President,

CHUCK BARNES,
Sixth Vice-President,

JACK WILKINSON,
Seventh Vice-President,

GEORGE R. GUDGER
Eighth Vice-President,

MICHAEL QUEVEDO, JR.
Ninth Vice-President,

ARMAND E. SABITONI
Tenth Vice-President,

ROBERT J. CONNERTON,
General Counsel

INDEX

Page

I. INTRODUCTION ..... 1

Paragraph..... 1-3

II. JURISDICTION ..... 2

Paragraph..... 4

III. VENUE ..... 2

Paragraph..... 5-6

IV. LA COSA NOSTRA ..... 2

Introduction ..... 3

Paragraph..... 7

Judicial Authority for the Existence of the LCN ..... 4

Paragraph..... 8

The LCN Commission ..... 4

Paragraph..... 9

LCN Families ..... 5

Paragraph.....10

V . THE PARTIES..... 8

The Plaintiff..... 8

Paragraph.....11

The Union Defendant..... 8

Paragraph.....12

Individual Defendants..... 12

Paragraph..... 13

Page ii

Defendant LIUNA International Officials..... 32

Paragraph.....14

VI. CO-CONSPIRATORS NOT NAMED AS DEFENDANTS..... 37

Paragraph..... 15

VII. THE ENTERPRISE..... 47

Paragraph..... 16

VIII. COUNT ONE,
VIOLATION OF TITLE 18, UNITED STATES CODE SECTION 1962 (b) ..... 48

Acquiring and Maintaining Control of LIUNA ..... 48

Paragraph..... 17

The Enterprise..... 49

Paragraph..... 18

Methods and Means..... 49

Paragraph..... 19

a. Selection of Officers to Control LIUNA..... 49

Paragraph..... 19 a.

(1) Selection of the General President..... 49

Paragraph 19 a.(l)

(2) Selection of Regional, District Council and Local Officials..... 51

Paragraph.....19 a.(2)

b. Acts of Violence to Control LIUNA..... 59

Paragraph..... 19 b.

Page iii

c. Appointment and Retention of Corrupt LIUNA Officials to Control LIUNA..... 61

Paragraph..... 19 c.

d. Use of Election and Other Internal Procedures to Control LIUNA..... 70

Paragraph..... 19 d
(1) Constitutionally Prescribed Procedures..... 71
Paragraph .....19 d.(l)
(a) Office of The General President..... 71
Paragraph .....19 d.(l)(a)
(b) Method of Nominating Candidates for International Officer Positions .....71
Paragraph .....19 d.(l)(b)
(c) Filling of Vacancies on the General Executive Board .....72
Paragraph..... 19 d.(1)(c)
(2) Control of Elections..... 74
Paragraph .....19 d.(2)
(3) Manipulation of the Hiring Hall Used to Gain Employment for Rank and File Members of LIUNA ..... 75
Paragraph .....19 d.(3)
(4) Use of Trusteeships to Prevent Opposition to Entrenched Leadership Within LIUNA .....79
Paragraph .....19 d.(4)

Page iv

(a) Local 853 .....79
Paragraph .....19 d.(4) (a)
(b) Local 13 .....80
Paragraph .....19 d.(4) (b)
(c) Local 66..... 82
Paragraph .....19 d.(4) (c)
(d) Local 46 .....83
Paragraph .....19 d.(4)(d)
(e) Local 7 .....84
Paragraph .....19 d.(4)(e)
(5) Formation of District Councils to Prevent Opposition to Entrenched Leadership Within LIUNA..... 85
Paragraph.... 19 d.(5)

e. Cronyism and Nepotism in LIUNA .....87
Paragraph .....19 e.

V

THE PARTIES

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

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

Page 8

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

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

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

c. The union has its international headquarters at 905 16th Street N.W., Washington D.C. and has local unions, District councils, and regional offices in the Northern District of Illinois and elsewhere throughout the United States and Canada. LIUNA has approximately 700,000 rank and file members.

d. The union includes eleven regional offices covering the United States The manager of a regional office of the union is the representative of the union in his geographic area and controls the regional office and the affairs of the union within that area. The union has approximately 60 district councils and approximately 820 local unions throughout the United States and Canada with approximately 5,000 local and district officers.

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

Page 9

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

f. Under the Constitution of LIUNA (hereafter "Constitution"), the highest authority of LIUNA is the General Convention of the Laborers' International Union (hereafter "the General Convention") (Article I) which, as mandated by the Labor Management Reporting and Disclosure Act of 1959 (hereafter"LMRDA"), Title 29, United States Code, Section 481(a), meets every five years in September or October in order to elect officers. (Article V, Section 1). The most recent meeting of the General Convention occurred in Las Vegas, Nevada, in October 1991; The delegates to the General Convention consist of the members of the General Executive Board and other delegates who, as mandates by LMRDA, are elected by local unions and district councils in good standing in the union. Article V, Sections 2-10). The General Convention elects all of the international officers of the union by plurality vote. If there is no opposition to a nominee for office, that nominee is considered duly elected. (Article VII, Section 4).

g. Under Articles I and VII1 of the Constitution, the defendant General Executive Board of the union (hereafter "the Board") is the body which directs the union between meetings of the General Convention. The Board is made up of all of the international officers of the union, that is, the General President, the General Secretary-Treasurer, and ten Vice Presidents. The Board has authority over all of the executive, legislative, and judicial powers of the union. The Board is named

Page 10

as a defendant: herein for the purpose of properly effectuating the relief requested in this complaint, pursuant to Rule l9(a) of the Federal Rules of Civil Procedure.

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

i. Under Article XI of the Constitution, the General Secretary-Treasurer of the union is the union's chief financial officer and is the custodian of all of the bank accounts, records

Page 11

and documents relating to the finances of the union. If there is a vacancy in the office of General Secretary when the convention is not in session, a replacement is elected by the Board Article VI, Section 5)

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

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

l. LIUNA is named as a defendant for the purpose of properly effectuating the relief requested in this complaint;, pursuant to Rule l9(a) of the Federal Rules of Civil Procedure.

Page 12

13. Individual Defendants: Listed below are those persons, not currently LIUNA officials, who are named as defendants.

a. Defendant Joseph Aiuppa, also known as "Joey O'Brien" and "Joey Doves", was, from at least 1978 to at least 1985, the boss of the Chicago LCN family and a member of the Chicago LCN family at all times material hereto. As the boss of the Chicago LCN family, Joseph Aiuppa controlled LIUNA local union affairs in Southern Illinois and in the area of St. Louis, Missouri, as well as in Chicago, Illinois. In 1986, in the case of United States v. De Luna. et al., No. 83-00124-Cr.-W8 , in the United States District Court for the Western District of Missouri, defendant Joseph Aiuppa was convicted of conspiracy to travel in interstate commerce in aid of racketeering, in violation of Title 18, United States Code, Sections 371 and 1952, in connection with the Central States Pension Fund of the International Brotherhood of Teamsters and was sentenced to serve twenty-eight and one-half years in prison. (See attached Exhibit 39) Defendant Joseph Aiuppa's conviction was affirmed in United States v. Cerone, 830 F. 2d 938 (8th Cir. 5987) , cert denied, 486 U.S. 1006 (1988) ("the Argent casino skimming case). Aiuppa is currently serving the sentence imposed in that case. Joseph Aiuppa was permanently barred from influencing the affairs of the International Brotherhood of Teamsters in United States v. International Brotherhood of Teamsters. etc. et al., No. 86 Civ. 4486 (DNE) , in the United States District Court for the Southern District of New York.

Page 13

b. Defendant ARTHUR J. BERNE was the leader of organized crime activity in southern Illinois and conducted his illicit operations under the control of defendant JOSEPH AIUPPA and the Chicago LCN family from at least the late 1960's to the present. Defendant Arthur J. Berne has never been an official of LIUNA, but he awarded the leadership of LIUNA Local 42, St. Louis, Missouri to defendant RAYMOND J. FLYNN with the authorization of Defendant JOSEPH AIUPPA. Defendant Arthur J. Berne controlled defendant RAYMOND FLYNN in the exercise of his duties with respect to LIUNA Local 42. Defendant Arthur J. Berne was convicted of extortion in 1986 and was sentenced to serve six years in prison. (See attached Exhibit 40) Defendant Berne is currently on parole.

c. Defendant LOUIS CASCIANO was, from at least 1988 up and including August 31, 1990, field representative and assistant to the president of the Mason Tenders District Council of Greater New York and Vicinity (hereafter the "Mason Tenders District Council " of LIUNA as well as a field representative of the Mason Tenders District Council Trust Funds and a member of LIUNA Local 51. Defendant Casciano is a "made" member of the Genovese LCN family then in the crew of Genovese LCN family capo, defendant JAMES MESSERA. On November 20, 1990, in the case of United States v. James Messera et al., No. 90 Cr. 483-05(CSH) in the United States District Court for the Southern District of New York, defendant Louis Casciano pled guilty to RICO conspiracy involving labor bribery and extortion, as alleged in Racketeering Act No. 101 below. On March 13, 1991, defendant Louis Casciano was sentenced

Page 14.

to serve twenty-four months in prison (see attached Exhibit. 33). Defendant Casciano is currently serving a period of supervised release.

d. Defendant JAMES B. CASTALDO was, from the time of its being granted a charter in 1987 to in or about September, 1992, the business manager of LIUNA Local 1030, Elizabeth, New Jersey. At the time Local 1030 was chartered in 1987, James B. Castaldo was installed in his position as business manager of LIUNA Local 1030 at the behest of the Defendant JOHN RIGGI. On May 26, 1993, in the case of United States v James Gallo et al , No. CR 92-508-1, in the United States District Court for the District of New Jersey, James B. Castaldo pled guilty to two counts of demanding bribes from employers of members of Local 1030, of which Castaldo was the business manager, in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 62 and 63 below.
On September 21, 1993, Castaldo was sentenced to serve eighteen months in prison. (See attached Exhibit 20) Castaldo is an associate of the DeCavalcante LCN family and was controlled by JOHN RIGGI, even after the time JOHN RIGGI entered prison in 1990. Castaldo was replaced as business manager of Local 1230 by Giuseppe Schifilliti, who, in August 1992, was seen associating with a leader of the DeCavalcante LCN family. Castaldo is currently serving his sentence.

e. Defendant JOHN CATANZARO was, at various times material hereto,a steward of LIUNA Local 210, Buffalo, New York. Since at least 1985, defendant Catanzaro has been a "made" member of the

Page 15

Buffalo LCN family. From approximately 1985 to approximately December 1989, defendant Catanzaro was an auditor of Local 210. On November 30, 1989, in the case of United States v. John Catanzaro, No. 88-67C , in the United States District Court for the Western District of New York, defendant John Catanzaro pled guilty to labor bribery in connection with having no-show employment, as alleged in Racketeering Act No. 93 below. On February 5, 1990, defendant Catanzaro was sentenced to serve twenty-seven months in prison. (See attached Exhibit 26) Catranzaro has completed service of his prison sentence.

f. Defendant RAYMOND FLYNN was, from approximately 1978 until approximately 1986, the business manager of LIUNA Local 42, St. Louis, Missouri. Flynn was controlled by and an associate of defendant ARTHUR J. BERNE. Flynn's criminal record includes convictions in 1986 for interstate transportation of stolen property and in 1977 and 1985 for possession of burglary tools. In 1987, in the case of United States v. Raymond Flynn, No. 86-00159 Cr (1) , in the United States District Court for the Eastern District of Missouri, defendant Raymond Flynn was convicted of RICO and RICO conspiracy relating to his participation in a scheme to commit multiple union related murders, as alleged in Racketeering Act No. 11 below. On April 10, 1987, Flynn was sentenced to serve forty-five years in prison (See attached Exhibit 7) Flynn's conviction was affirmed in United States v. Flynn, 852 F. 2d 1045 (8th Cir), cert. denied, 488 U.S. 974 (1988). Flynn is currently serving his sentence.

Page 16

g. Defendant JAMES J. GALLO was, from sometime in early 1991 to September 1992, a business agent of LIUNA Local 1030, Elizabeth, New Jersey. On May 26, 1993, in the case of United States v. James Gallo et al., No. CR-92-508-2, in the United States District Court for the District of New Jersey, defendant James J. Gallo pled guilty to two counts of demanding bribes from employers of members of Local 1030, of which Gallo was a business agent, in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 62 and 63 below. On September 24, 1993, James J. Gallo was sentenced to serve thirty-eight months in prison (See attached Exhibit 21) after the sentencing judge found that Gallo had harbored Anthony Casso, underboss of the Luchese LCN family, during a time Casso was a fugitive from justice. At the time he was hired as business agent of Local 1030, James J. Gallo previously had been convicted of criminal usury and weapons offenses in the courts of the State of New York. James J. Gallo has strong ties to the DeCavalcante LCN family. Gallo is currently serving his sentence.

h. Defendant JOHN GIARDIELLO was the business manager of LIUNA Local 767 of West Palm Beach, Florida from approximately 1965 to approximately June 1982. At all times material hereto, Defendant John Giaraiello was an associate of the Trafficante family of the LCN. In 1982, in the case of United States v. Anthonv Accardo. et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, defendant John Giardiello was convicted of RICO conspiracy by agreeing to receive

Page 17

kickbacks relating to the sale of insurance services to LIUNA-related employee benefit funds during the period 1970 to 1977 while he was the business manager of Local 767, as alleged in Racketeering Acts Nos. 3 and 5 below. On September 14, 1982, Giardiello was sentenced to serve twelve years in prison. (See attached Exhibit 2) Giardiello's conviction was affirmed in United States v. Caporale,, 806 F. 2d 1487 (llth Cir. 1986), cert. denied, 483 U.S. 1021 (5987). Defendant John Giardiello is on parole.

i. Defendant MICHAEL LABARBARA, JR., was, from 1984 to 1989, the business manage of LIUNA Local 66, Long Island, New York and a delegate to the Mason Tenders District Council. LaBarbara has been a "made" member of the Luchese LCN family since at least 1985 and, along with Defendant PETER VARIO, also known as "Jocko," represented the interests of the Luchese family in Local 66 and on the Mason Tenders District Council. In September 1989, in the case of United States v. Peter Vario et al., No. 88 Cr. 00719 (S) -02-JM, in the United States District Court for the Eastern District of New York, defendant Michael LaBarbara, Jr., pled guilty to receiving bribes in exchange for labor peace and the use of non-union labor during the period 1980 through 1986, while serving as an officer and employee of LIUNA Local 66, as alleged in Racketeering Acts Nos. 82 and 87 through 91 below. On December 15, 1989 , LaBarbara was sentenced to serve fourteen months in prison and to pay a fine of $36,940.00. LaBarbara is currently on parole from this conviction. (See attached Exhibit 23). On March 15, 1994, defendant LaBarbara was indicted in the case of United States v.

Page 18

Michael LaBarbara. Jr., No. 94 Cr. 191 (E.D.N.Y.), for embezzlement of union assets, embezzlement of employee benefit fund assests, mail fraud in connection with a fraud committed on various employee pension, welfare, training and other benefit funds in relation to construction of a training facility by the Local 66 training program. This fraud occurred in connection with and during LaBarbara's tenure as business manager of Local 66 and continued after the date of his resignation from that position. A trial date has not been set for Michael LaBarbara, Jr.'s, latest indictment.

j. GENNARO LANGELLA, also known as "Gerry Lang", was, at various times material hereto, a capo, underboss or acting boss of the Colombo LCN family. Gennaro Langella has a criminal record which includes convictions for attempted robbery in 1962 and criminal contempt in 1977. In 1986, in the case of United States v. Carmine Persico et. al., No. S 84 Cr. 809 JFK, in the United States District Court for the Southern District of New York, defendant Gennaro Langella was convicted of RICO and RICO conspiracy, extortion, and labor bribery involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 12 through 19 below. On November 17, 1986, Lanaella was sentenced to serve sixty-five years in prison. (See attached Exhibit 9). Langella's conviction was affirmed in United States v. Persico, 832 F. 2d 705 (2d Cir. 1987), cert. denied, 488 U.S. 982 (1988). In 1986, in the case of United States v. Anthony Salerno. et al., No. SSS 85 Cr. 0139(R0), in theUnited States District

Page 19

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

k. Defendant ANTHONY D. LIBERATORE was, from 1965 to 1980, the business manager of LIUNA Local 860 located in Cleveland, Ohio. Since at least 1980, Liberatore has been a "made" member of the Cleveland LCN family. In 1980, in the case of United States v. Anthony Libetatore. et al., No. CR79-103, in the United States District Court for the Northern District of Ohio, Anthony D. Liberatore was convicted of bribery of an employee of the Federal Bureau of Investigation, in violation of Title 18, United States Code, Section 201, and on July 17, 1980, was sentenced to serve twelve years in prison. (See attached Exhibit 67) In 1982, in a

Page 20

separate trial on the same indictment, Liberatore was convicted of RICO and RICO conspiracy relating to acts of bribery and murder committed in furtherance of the affairs of the Cleveland LCN family, in violation of Title 18, United States Code, Sections 1962 (c) and (d). On July 30, 1982, Liberatore was sentenced to serve fourteen years in prison to run concurrently with the sentence in the bribery trial (See attached Exhibit 68) Liberatore convictions were affirmed in United States v. Lanci, 669 F. 2a 391 (6th Cir. ), cert. denied, 457 U S. 1134 (1982) and United States v. Licavoli, 2d 1040 (6th Cir ), cert. denied, 467 U. S. 1252 (1984). On June 14, 1993, in the case of United States v. Anthony D. Liberatore, No. 1-92CR 0184, in the United States District Court for the Northern District of Ohio, defendant Anthony D. Liberatore was convicted of RICO and RICO conspiracy relating to labor bribery in exchange for labor peace and the use of non-union labor and laundering the profits of a narcotics business, as alleged in Racketeering Acts Nos. 106, 107 and 109 below, which crimes were committed while he was in prison. On March 21, 1994, Anthony D. Liberatore was sentenced to serve 120 months in prison. (See attached Exhibit 38) Anthony Liberatore is currently serving his sentence.

l. Defendant. CHESTER J. LIBERATORE was, from 1972 to March 1993, the business manager of LIUNA Local 310, Cleveland, Ohio. Defendant Chester J. Liberatore has been at all times material to this complaint an associate of the Cleveland LCN family and operated the affairs of LIUNA Local 310 for the interests of the

Page 21

Cleveland LCN family. On March 24, 1993 in the United States v. Anthony D. Liberatore et al , No. 1-92CR 0184, in the United States District Court for the Northern District of Ohio, Chester Liberatore pled guilty to labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 106 and 109 below. On May 28, 1993, Chester J. Liberatore was sentenced to serve thirteen months in prison (See attached Exhibit 37) Chester Liberatore is currently serving a period of supervised release.

m. Defendant LOUIS ANTHONY MANNA, also known as "Bobby Manna," was, from at least 1980 to until 1990, the consigliere of the Genovese LCN family and the principal leader of Genovese family activities in Northern New Jersey. In 1989, in the case of United States v. Louis Anthony Manna, Case No. 88-239, in the United States District Court for the District of New Jersey, defendant Louis Anthony Manna was convicted of RICO and RICO conspiracy involving conspiracy to murder in aid of racketeering, conspiracy to commit labor bribery involving LIUNA Local 21, Jersey City, New Jersey, and other offenses, as alleged in Racketeering Acts Nos. 38 through 53 below. On September 26, 1989, Manna was sentenced to serve eighty years in prison and to pay a fine of $250,000 (See attached Exhibit 15). Manna's conviction was affirmed without opinion in United States v. Manna, 919 F. 2d 733 (3d Cir. 1990), cert. denied, 499 U. S. 949 (5991). Defendant Louis Anthony Manna sometimes traveled to Chicago, Illinois for the purpose of

Page 22

conducting business which the Genovese family had with the Chicago LCN family. Manna is currently serving his sentence.

n. Defendant JAMES MESSERA was, from 1989 to the present a capo in the Genovese LCN family. In 1989 and 1990, he was a business agent of LIUNA Local Union 104, New York City and a delegate to the Mason Tenders District Council. On November 20, 1990, in the case of United States v. James Messera, New York. No. Cr. 90-00483-01(CSH), in the United States District Court for the Southern District of New York, defendant James Messera pled guilty to RICO conspiracy, which conspiracy involved, in part, a conspiracy to extort a business employing members of LIUNA, as alleged in Racketeering Act No. 101 below. On February 1, 1991, Messera was sentenced to serve thirty-seven months in prison. (See attached exhibit 32). On April 8, 1993, in the case of United States v. James Messera, No. SS 92 Cr. 749(JES), in the United States District Court for the Southern District of New York, James Messera pled guilty to RICO conspiracy involving a multi-million dollar embezzlement. of the funds of the Mason Tenders District Council Trust Funds as alleged in Racketeering Acts Nos. 102 and 103 below. On December 20, 1993, James Mesaera was sentenced to serve twenty-four months in prison. (See attached Exhibit 35) Messera is currently serving his sentence.

o. Defendant ROCCO J. NAPOLI was, at all times material hereto, an associate of the Genovese LCN family and the son of James Napoli, a close associate of the Genovese family. From at least 1973 to the summer of 1988, the defendant Rocco J. Napoli was

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the business manager of LIUNA Local 21 located in Jersey City, New Jersey. In 1989, in the case of United States v. Louis Anthony Manna. et al., Criminal No. 88-239, in the United States District Court for the District of New Jersey, defendant Rocco J. Napoli was convicted of RICO, RICO conspiracy and labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 38 through 53 below. On September 26, 1989, Napoli was sentenced to serve seventy-five months in prison and to pay a fine of S25,000. (See attached Exhibit 16) Napoli's conviction was affirmed without opinion in United States v. Manna, 919 F. 2a 733 (3d Cir. 1990), cert. denied, 499 U.S. 949 (1991). For a period of time following Napoli's indictment and removal from his position as business manager of LIUNA Local 21, he continues to exercise influence in the affairs of Local 21 and was given the use of a 1989 Jaguar automobile by LIUNA Local 21. Napoli is currently serving his sentence.

p. Defendant CARMINE PERSICO, also known as "Junior" or "the Snake," was, at all times material hereto, the boss of the Colombo LCN family. In 1985, in the case or United States v. Carmine Persico. et al., No. S 84 Cr 809 (JFK), in the United States District Court for the Southern District of New York, Carmine Persico was convicted of RICO, RICO conspiracy, extortion and bribery in relation, in part, to labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 12 through 19 below. On November 17, 1986, defendant Carmine Persico was sentenced to serve thirty-nine years

Page 24

in. prison. (See attached Exhibit; 10) Persico's conviction was affirmed in United States v. Persico, 832 F. 2d 705 (2d Cir. 1987), cert.;. denied, 486 U.S. 1022 (1988). In 1986, in the case of United States v. Anthony Salerno et al., No. SSS 85 CR 0139(R0), in the United States District Court for the Southern District of New York, Carmine Persico was convicted, along with the other members of the LCN Commission, of RICO and RIC0 conspiracy relating to extortion and labor bribery in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 3, 1987, Carmine Persico was sentenced to serve one hundred years in prison to be served concurrently with the sentence imposed in United States v. Persico, supra. (See attached Exhibit 13) Persico's conviction was affirmed in United States v. Salerno, 868 F, 2d 524 (2d Cir.), cert.. denied, 493 13.S. 811 (1989). In 1987, defendant Carmine Persico was permanently enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6A. LIUNA. et al., No. 86 Civ. 4859 (VLB), in the United States District Court for the Southern District of New York. Persico is currently serving his sentence.

q. Defendant ALFRED PILOTTO was, from at least 1970 to 1982, the president of LIUNA Local 5 located in Chicago Heights, Illinois. From 1975 to 1982, Pilotto also served as a Special International Representative of LIUNA and vice-president of the Chicago Laborers District Council. From at least 1970 to 1982, Alfred Pilotto was a capo in the Chicago LCN family. In 1982, in

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the case of United States v. Anthony Accado, et al., No. 81-230-CR-JWK, in the United States District Court for the Southern District of Florida, defendant Alfred Pilotto was convicted of RICO conspiracy by agreeing to multiple acts of receiving kickbacks
relating to the sale of insurance plans to LIUNA-related benefit funds, as alleged in Racketeering Acts Nos. 2, 4, and 5 below. On September 14, 1982, Pilotto was sentenced to serve twenty years in prison. (See attached Exhibit 3) Pilotto's conviction was affirmed in United States v. Caporale, 806 F . 2d 5487 (11th Cir. 1986<), cert.. denied, 483 U.S. 1021 (1987). Pilotto is currently on parole.

r. Defendant JOHN M. RIGGI was, from at least 1965 to 1986, the business manager of LIUNA Local 394, located in Elizabeth, New Jersey. Following his retirement. as business manage of Local 394 in 1986, defendant Riggi served as the president of Laborers' District Council 30, Union County, New Jersey, until l990. From at least 1980 to at lease 1989, defendant John Riggi was the acting boss of the DeCavalcante LCN family and in this capacity had a relationship with the Genovese family with respect to his conduct the affairs of Local 394 as well as other matters. On May 15, 1992, in the case of United States v John Riggi , No. Cr. 89-00380 (AMN), in the United States District Court for the District of New Jersey, defendant John Riggi pled guilty to extortion and labor bribery involving LIUNA Local 394, as alleged in Racketeering Acts Nos. 54 through 61 below. On June 18, 1992, Riggi was sentenced to serve twelve years in prison and to pay a fine of

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$25,000. (See attached Exhibit 18 ). Also, on May 15, 1992; in the case of State of New Jersey v. John M. Riggi, No. 1-03-0050-S in the New Jersey Superior in Court for Union County, defendant John Riggi pled guilty to charges of theft by extortion in the second degree. On July 10, 1992, Riggi was sentenced to serve twelve years in prison to run concurrently with his federal sentence. Even though Riggi is currently serving his sentence, he still influences the affairs of LIUNA local unions in Northern New Jersey.

s. Defendant JOSEPH P. ROSATO was, at various times material hereto, a steward in LIUNA Local 210, Buffalo, New York, and beginning in approximately 1984, was a "made" member of the Buffalo LCN family. From approximately 1985 to 1988, Rosato was an executive board member of Local 210 in 1991, in the case of United States v. Joseph Rosato, No. CR. 88-66E, in the United States District Court for the Western District of New York, Defendant Joseph P. Rosato pled guilty to receiving unlawful payments from an employer of LIUNA Local 210 members in relation to having a no-show stewards position, as alleged in Racketeering Act No. 97B below. On July 12, 1991, Rosato was sentenced to serve four years probation. (See attached Exhibit 28) Rosato is currently on probation..

t. Defendant DANIEL G. SANSANESE, JR., has been a made member of the Buffalo LCN Family since at least 1973. Beginning in approximately April 1973, defendant Daniel G. Sansanese, Jr., became a business agent of LIUNA Local 210, Buffalo, New York. In approximately June 1973, Sansanese became the secretary--treasurer

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of LIUNA Local 210 on the instructions of the leaders of the Buffalo LCN family. In approximately 1978, Daniel G. Sansanese, Jr., resigned as secretary-treasurer of LIUNA Local 210 on instructions from leaders of the Buffalo LCN family and, in approximately 1983, returned to the position of secretary-treasurer and occupied that position until his retirement sometime on 1994. Sansanese aided, abetted, counseled, commanded, induced and procured the conduct alleged as Racketeering Acts 95 through 97B below.

u. Defendant JOSEPH A. TODAR0, SR., has, at all times material hereto, been a member of the Buffalo LCN family. Since a point in time between 1981 and 1985, defendant Joseph Todaro, Sr., has been the boss of the Buffalo LCN family and dictates the affairs of LIUNA Local 210, despite the fact that he has never held an office or position in the union and has never had official connection with the union.

v. Defendant JOSEPH A. TODAR0, JR., the son of defendant Joseph A. Todaro, Sr., was a business agent of LIUNA Local 210, Buffalo, New York, from approximately 1978 to 1990. At all times hereto, defendant Joseph A. Todaro, Jr., has been a "made" member of the Buffalo LCN family and, since approximately 1985, has been the underboss of the Buffalo LCN family. He participates in ensuring that the dictates of the Buffalo LCN family are carried out in the actions, decisions and other activities of Local 210. Joseph A. Todaro, Jr., aided, abetted, counseled, commanded,

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induced and procured the conduct alleged as Racketeering Acts 92 through 94 below.

w. Defendant SALVATORE TRICARIO was the vice president of LIUNA Local 767, West Palm Beach, Florida, from approximately 1965 to June 1982 and, at all times material hereto, was an associate of the Trafficante LCN family. In 1982, in the case of United States v. Anthony Accardo. et al., No. 81-230-CR-C in the United States District Court for the Southern District of Florida, defendant Salavatore Tricario was convicted of RICO conspiracy by agreeing to receive kickbacks involving the sale of insurance plans to LIUNA related benefit funds, as alleged in Racketeering Acts Nos. 3 and 5 below. On September 14, 1982, Tricario was sentenced to serve twelve years in prison. (See attached Exhibit 4) Tricario's conviction was affirmed in United States v. Caporale, 806 F. 2d 1487 511th Cir. 1986), cert.. denied, 483 U.S. 1021 (1987). Tricario is currently on parole.

x. Defendant MATTHEW MICHAEL TRUPIANO, JR., is the boss of the ST. Louis LCN family and is a member of LIUNA Local 110, St. Louis, Missouri. He was the president of Local 110 from the early 1970's until April 1992 when he was defeated for reelection. Trupiano was placed in his LIUNA position by his uncle, then boss of the St. Louis LCN family, Anthony Giardano. In 1986, in the case of United States v. Matthew Trupiano, No. 84-137 Cr., in the United States District Court for the Eastern District of Missouri, defendant Matthew Michael Trupiano, Jr., was convicted of conducting an illegal gambling business, in violation of Title 18,

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United States Code, Section 1955. (See attached Exhibit 41) On May 23, 1986, Trupiano was sentenced to serve four years in prison. Trupiano's conviction in case No. 84-137 Cr. was affirmed in United States v. Parrino, 816 r. 2d 414 (8th Cir. 1987). In 1992, in the case of United States v. Matthew Trupiano, No. 91-211 Cr. (6), in the United States District Court for the Eastern District of Missouri, defendant Matthew Michael Trupiano, Jr., was again convicted of conducting an illegal gambling business, in violation of Title 18, United States Code, Section 1955. (See attached Exhibit 42) On January 15, 1993, Matthew Michael Trupiano, Jr., was sentenced to serve thirty months in prison. Trupiano's conviction in case No. 91-211 Cr. (6) was affirmed in United States v. Trupiano, 11 F. 3d 769 ( 8th Cir. 1993). Trupiano is currently serving his sentence.

y. Defendant PETER VARIO, also known as "Jocko", was an organizer from 1978 until February 1983 for LIUNA Local 66, Long Island, New York. In February 1983, Peter Vario was elected vice president for Local 66 and appointed funds administrator for Local 66. Defendant Peter Vario was also a delegate to the Mason Tenders District Council . At all times material hereto, Peter Vario also was a "made" member of the Luchese LCN family and, along with defendant MICHAEL LABARBARA, JR., represented the interests of the Luchese LCN family in the affairs of Local 66 and the Mason Tenders District Council. Mario is the nephew of deceased Luchese LCN family capo Paul Vario, Sr. In 1990, in the case of United States v. Peter Vario et al., No. CR 88-00719 (S)-01 (JM), in the United

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States District Court for the Eastern District of New York, defendant Peter Vario was convicted of RICO conspiracy relating to multiple acts of labor bribery from employers of LIUNA Local 66 members in return for labor peace and the use of non-union labor during the period 1980 through 1986, while Vario was serving as an officer and employee of Local 66, as alleged in Racketeering Acts Nos. 64 through 87 below. On June 26, 1990, Peter Vario was sentenced to serve forty-six months in prison and to pay a fine and costs of imprisonment in the amount of $105,660 and forfeiture of $88,300. (See attached Exhibit 24) Vario's conviction was affirmed in United States v. Vario, 943 F. 2d 236 (2d Cir. 1991), cert. denied, U.S. , 112 S.Ct. 882 (1992). Peter Vario is currently serving his sentence.

z. Defendant PETER A. VARIO, also known as "Butch," was, from 1984 to 1989, the business manager of Mason Tenders Local 46 of LIUNA, Queens, New York, having ascended to that position following the death of his father Tom Vario, the former business manager of Local 46. Peter A. Vario is the nephew of now deceased Luchese LCN family capo Paul Vario, Sr., and first cousin of defendant PETER "Jocko" VARIO and, at all times material hereto, was an associate of the Luchese LCN family. In 1988, in the case of United States v. Basil Robert Cervone et al., No. CR 87-0579 (S)-4 (TCP), in the United States District Court for the Eastern District of New York, defendant Peter A. Vario was convicted along with Basil Robert Cervone, Sr., business manager of LIUNA Local 13 and a Genovese LCN family associate, of RICO conspiracy relating to

Page 31

labor bribery in exchange for labor peace and the use of non- union labor while he was business manager of Local 46, as alleged in Racketeering Acts Nos. 98 through 100 below. On June 9, 1989, Peter Vario was sentenced to serve three and one half years in prison and ordered pay fine of $70,000.00 and forfeiture of $4,433.00. (See attached Exhibit 30) Vario's conviction was affirmed in United States v. Cervone, 907 F. 2d 332 (2a Cir. 1990), cert. denied, Bernesser v. United States, 498 U.S. 1028 (1991). Peter A. Vario has been released from prison and is currently on parole .

a . ARTHUR ARMAND COIA has been the General President of LIUNA since February 1993 when he was elected to that position by the Board following the death of his co-conspirator, Angelo Fosco. Previously, he served as the General Secretary-Treasurer of LIUNA, having been elected by the Board to that office in 1989 to replace his father and co- conspirator Arthur Ettore Coia. From 1979 to

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approximately February 1993, Arthur Armand Coia was the regional manager of the New England Regional Office of LIUNA and the business manager of the Rhode Island District Council of LIUNA. Arthur Armand Coia has been associating with members of the New England LCN family for a substantial period of time. Arthur Armand Coia was a defendant in the case of United States v. Arthur A. Coia et al., No. 81-417-Cx-JLK, in the United States District Southern District of Florida, which is referred to in Racketeering Acts Nos. 5 and 7 below. The case against him was dismissed on the motion of the government prior to his trial because his co-defendants in that case, including his father, Arthur E. Coia, who were tried separately, were granted a directed verdict of acquittal on the ground that the indictment in that case had not been returned within the applicable period of limitations. Arthur Armand Coia is named as a defendant, herein, in both his official and his individual capacities. In 1993, Arthur Armand Coia received a salary of $188,020.64 as General President of LIUNA.

b. ROLLIN P. "Bud" VINALL, the General Secretary-Treasurer, LIUNA Local 1202, Dallas-Fort Worth, Texas and is the regional manager of the Fort Worth, Texas Regional Office. Vinall was elected to the position of General Secretary-Treasurer in October 1994 by the Board following the death of James J. Norwood who had held the position since February 1993. Vinall was first elected to the Board by the Board in 1976 to replace Angelo Fosco who had been elevated to the position of General President in 1975. In 1993, Rollin P. Vinall received a salary of $128,903.18 as

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International Vice-President of LIUNA and regional manager of the Dallas-Fort Worth Regional Office.

c. MASON M." Max" WARREN, the First International Vice-President, was originally a member and business manager of LIUNA Local 383, Phoenix, Arizona, Mason M. Warren has been a member of the Board since 1975 when he was elected to the Board by the Board to replace Vernie Reid who was elevated to the position of General Secretary-Treasurer. Mason M. Warren is the regional manager for the California Regional Office of LIUNA in Sacramento, California. In 1993, Mason Warren was paid $232,192.45 in salary and ERISA retirement payments as Vice-President. of LIUNA and regional manager of the Sacramento, California Regional office of LIUNA.

d. JOHN SERPICO is currently the Second International Vice-President of LIUNA and has been an International Vice-President since September 1989, when he was elected to the Board by the Board. He is also the president and business manager of LIUNA Local 8, Chicago, Illinois, and the president of the Central States Joint Board, an amalgamation of LIUNA Local 8 and various local unions of the International Union of Allied Novelty and Production Workers, AFL-CIO. At all times material to this complaint, defendant John Serpico was an associate of the Chicago LCN family. In making his decisions and taking his actions with respect to LIUNA, defendant John Serpico has been influenced by the Chicago LCN family. In 1993, John Serpico received a salary of $110,124.18 as an international official of LIUNA.

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e. VERE O. HAYNES, the Third International Vice-President, is from Hartford, Connecticut. Vere Haynes also was elected to the Board by the Board in 1985 when the number of International Vice-Presidents was increased from eight to ten. In 1993, Vere Haynes received a salary of $28,750.04 as International Vice-President.

f. SAMUEL J. CAIVANO is currently the Fourth International Vice-President of LIUNA. From approximately 1957 to 1976, defendant Caivano was business manager of LIUNA Local 526, Millburn, New Jersey, and from 1967 to 1976, he was a LIUNA International Representative. From 1976 to February 1987, defendant Samuel J. Caivano was the assistant regional manager of the New York - New Jersey Regional Office of LIUNA. In February 1987, following the death of Michael Lorello, Caivano became the regional manager of the New York - New Jersey Regional Office and was elected by the Board to be an International Vice-President of LIUNA in Lorello's place. Defendant Samuel J. Caivano is an associate of the DeCavalcante and Genovese LCN families. Samuel J. Caivano is named as a defendant herein, in both his official and his individual capacities. In 1993, Samuel J. Caivano received $208,210.18 in salary and ERISA retirement payments as International Vice-President and regional manager of the New York-New Jersey Regional Office of LIUNA.

g. ENRICO MANCINELLI, the Fifth International Vice-President is from Toronto,Ontario,Canada, and became an International Vice-President in 1991, after being elected without opposition by the General Convention of LIUNA. Mancinelli also is

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the regional manager of the Toronto, Ontario, sub-regional office of LIUNA. In 1993, Enrico Mancinelli received a salary of $159,945.53 as an international official of LIUNA.

h. CHUCK BARNES, the Sixth International Vice-President, is from Seattle, Washington. Barnes was elected to the Board by the Board in 1992 upon the retirement of his predecessor Herb Lobdell. Barnes also is the regional manager of the Seattle Regional Office of LIUNA. In 1993, Chuck Barnes received a salary of $128,903 18 as an international official of LIUNA.

i. JACK WILKINSON, the Seventh International Vice-President, is originally from Kansas City , Missouri and was elected to membership on the Board by the Board following the elevation of James J. Norwood to the position of General Secretary, Treasurer in February, 1993. Wilkinson also is the regional manner of the Washington D C Regional Office of LIUNA. In 1993, Jack Wilkinson received a salary of $124,343.33 as an international official of LIUNA.

j. GEORGE R. GUDGER, the Eighth International Vice-President., was elected to membership on the Board by the Board in late 1993 or early 1994 to replace former International Vice-President Ledger Diamond, who had been an international Vice-President since 1965, who retired. Plaintiff believes that Gudger had never held a position at the international level of LIUNA prior to the time of his appointment to membership on the Board. Gudger has been the president of the LIUNA district council of Georgia and

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South Carolina. In 1993, George R. Gudger received a salary of $52,419.34 as an international official of LIUNA.

k. MICHAEL QUEVEDO, JR., the Ninth International Vice-President., was elected to membership on the Board by the Board in June 1994 to replace Louis Bravo who retired. Bravo had been elected to the Board by the Board in 1985 when the number of International Vice-President was increased from eight to ten. Like Bravo, Quevedo is a LIUNA official from Los Angeles, California. During 1993, Michael Quevedo held no position in the international headquarters of LIUNA.

1. ARMAND E. SABITONI, the Tenth International Vice- President, was elected to membership on the Board by the Board in October 1994 to replace Rollin P. "Bud" Vinall who was elevated to the position of General Secretary-Treasurer to replace James J. Norwood who died. Armand Sabitoni is a long-time associate of ARTHUR A.COIA, whom he replaced as regional manager of the New England Regional Office of LIUNA in February l993. In 1993, Armando E. Sabitoni received a salary of $89,284.11 as an international official of LIUNA.

m. ROBERT J. CONNERTON is the General Counsel of LIUNA, appointed by the General President under Article IV., Section 59 of the Constitution. Connerton has been employed by LIUNA since the 1950's and has been the General Counsel since 1964. In 1993, Robert J. Connerton received a salary of $169 ,189.05 as General Counsel of LIUNA.

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---

VI

CO-CONSPIRATORS NOT NAMED AS DEFENDANTS

15. Co-Conspirators: The following persons, along with others whose names are both known and unknown , are named as co-conspirators, but not defendants, for the reasons indicated below:

a. ANTHONY JOSEPH ACCARDO, also known as "Joe Batters," was, at various times from at least the late 1960's up to the date of his death on May 27, 1992, the boss or the consigliere of the Chicago LCN family. Anthony Joseph Accardo aided, abetted, counseled, commanded, induced and procured the activities of defendant ALFRED PILOTTO and co-conspirator Angelo Fosco in the commission of Racketeering Acts Nos. 2 through 5 below. Anthony Accardo, also directly participated in the commission of Racketeering Act. No. 1 below, interfering with the rights of the members of LIUNA in the selection of their officers and officials in that he engineered the selection of Angelo Fosco as General President of LIUNA by intimidation, implicit threats of violence, and other improper means.

b. SALVATORE AVELLINO has been, since at least 1985, a capo in the Luchese LCN family. Avellino controlled the activities of the defendants MICHAEL LABARBARA, JR., and PETER VARIO, also known as "Jocko," in their direction of the affairs of LIUNA Local 66, Long Island, New York, during the time they committed the acts alleged as Racketeering Acts Nos. 64 through 91 below. Broad civil RICO injunctive relief of the nature requested in this complaint was entered against Salvatore Avellino on December 30, 1992, in the case of United States v. Private Sanitation Industry Association of

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Nassau/Suffolk, Inc., et al., No. CV-89-1848, in the United States District Court for the Eastern District of New York. The injunction was affirmed in United States v. Private Sanitation Industry Association of Nassau/Suffolk, Inc., et al., 995 F. F. 2d 375 (2d Cir. 1993).

c. Arthur Ettore COIA was the General Secretary-Treasurer Emeritus of LIUNA from February 1989 until his death on March 4, 1993. From October l979 until February 1989, he was the General Secretary-Treasurer of LUNA. From 1971 to October 1979, co-conspirator Arthur Ettore Coia was an International Vice-President of LIUNA and regional manger of the New England Regional Office of LIUNA. Arthur Ettore Coia is the father of defendant ARTHUR AMAND COIA. Arthur Ettore Coia was an associate of the New England LCN family and participated in racketeering Acts Nos . 2, 3,6 and 7 below, which were prosecuted in the case of United States v. Arthur A. Coia. et al. ,. No. 81-417-CR-JLK in the United States District Court for the Southern District of Florida. The case against Arthur E. Coia and the other defendants was dismissed by the trial judge at the close of the government's case on the ground that the indictment had not been returned within the applicable period of limitations. On or about September l, l982, the exact date being unknown, Arthur E. Coia, asserting his Fifth Amendment privilege against self- incrimination, refused to answer questions relating to criminal conduct by LCN members involved a LIUNA Local 210, Buffalo, New York, which had been put to him by a Grand Jury empaneled in the United States District Court for the Western

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District of New York. In 1992, his last full year as a LIUNA international official, Arthur Ettore Coia was paid $193,562.46.

d. ANTONIO CORALLO, also known as "Tony Ducks," was, from at least 1978 until approximately January 1987, the boss of the Luchese LCN family and a member of the Commission. Antonio Corallo criminal record which includes convictions for distribution of narcotics, mail fraud and conspiracy to obstruct justice. In 1987, Antonio Corallo was convicted along with the other members of the LCN Commission of RICO and RICO conspiracy relating to extortion and labor bribery involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union labor as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13, 1987 Antonio Corallo was sentenced to serve one hundred years in prison and to pay a fine of $250,950. Corallo's conviction was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811 (1989). In 1989).
Antonio Corallo was barred from involvement with the International Brotherhood of Teamsters in United States v. International Brotherhood of Teamsters etc.. et al., No. 88 Civ. 4486 (DNE), in the United States District Court for the Southern District of New York. In 1987, Antonio Corallo also was permanently enjoined from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6A. LIUNA. et al., No. 86 Civ. 4819(VLB), in the United States District Court for the Southern District of New York. Corallo is currently serving his sentence..

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e. ANGELO FOSCO was the General President of the LIUNA from October 1975 up to the date of his death on February 19, 1993. Co-conspirator Angelo Fosco became the General President of LIUNA, succeeding his father the late Peter J. Fosco, through the corrupt actions of LCN members. At all other times material hereto, Angelo Fosco was an International Vice-President and regional manager of the Chicago Regional Office of LIUNA. At all times material hereto, Angelo Fosco was an associate of the Chicago LCN family and personally participated in Racketeering Acts Nos. 1 through 5 below. In the case of the United States v. Anthony Accardo. et al. , No. 81-230-CR(JWK), in the United States District Court for the Southern District of Florida, Angelo Fosco was acquitted by the jury of RICO conspiracy which encompassed Racketeering Acts Nos. 2 through 5 below. Following his acquittal in that case, Angelo Fosco appeared before the President's Commission on Organized Crime on or about April 22, 1985, and, asserting his privilege against self incrimination, refused to answer the questions of the Presidents Commission on Organized Crime relating to whether members of organized crime were involved in LIUNA in Chicago and New York. Fosco also refused to answer the questions of the President's Commission regarding his imposition of trusteeships against local unions and about his associations with the LCN. Angelo Fosco was the third successive General President of LIUNA who carried membership in a LIUNA local union located in Chicago, Illinois, and was only the fourth LIUNA General President since

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1908. In 1992, his last full year as an international official of LIUNA, Angelo Fosco was paid $237,047.54.

f. CHRISTOPHER FURNARI, SR., also known as "Christy Tick", was, at times material hereto, the consigliere of the Luchese LCN family. Christopher Furnari has a criminal record which includes convictions for assault and sex offenses. In 1987, in the case of United States v. Anthony Salerno. et al., No. SSS 85 Cr. 0139 (RO), in the United States District Court for the Southern District of New York, Christopher Furnari was convicted, along with other members of the LCN Commission, of RICO and RICO conspiracy, relating to extortion and labor bribery involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13, 1987, Furnari was sentenced to serve one hundred years in prison and to pay a fine of $240,900.
Furnari's conviction was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 81 (1989). Christopher Furnari, Sr., also was enjoined in 1987 from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6A., LIUNA. et al., No. 86 Civ. 4819(VLB), in the United States District Court for the Southern District of New York. Furnari's son, Christopher Furnari, Jr., was, from at least 1985 to 1987, vice-president of LIUNA Local 20, New York City, and during that time was the highest paid official of that local union. Christopher Furnari, Jr., was also enjoined from participating in

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the affairs of LIUNA and any other labor organization in the case of United States v. Local 6A,. LIUNA, et al. , supra.. Furnari is currently serving his sentence.

g. MICHAEL LORELLO was, from at least 1970 until his death in 1967, an International Vice-President. of LIUNA and regional manager of the New York-New Jersey Regional Office of LIUNA. Michael Lorello was an associate of the Genovese LCN family and, in all subsequent General Conventions of LIUNA until 1986, nominated co-conspirator Angelo Fosco to be the General President of LIUNA. After Fosco became the General President, Lorello became the special assistant to Angelo Fosco.

h. GASPAR LUPO was, from at least 1974 and continuing until his death in June 1989, the president of the LIUNA Mason Tenders District Council of Greater New York and Vicinity (hereafter the "Mason Tenders District Council"), having ascended to that position following the death of his father-in-law Charles Graziano, the previous president of the district council. Gaspar Lupo also served as a Union trustee to the Mason Tenders District Council Trust Funds. Gaspar Lupo was "made" member of the Genovese LCN family and was controlled by, and reported to, Genovese LCN family capo Joseph Loiacono, also known as "Joe Lefty. Following the death of "Joe Lefty" Loiacono, Gaspar Lupo reported directly to Genovese capo defendant JAMES MESSERA as well as to Genovese boss, co-conspirator Anthony "Fat Tony" Salerno. On June 13, 1989, Gaspar Lupo died of natural causes and was replaced as president of

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the Mason Tenders District Council by his son Frank Lupo, then the business manage of the district council.

i. RAYMOND L. S. PATRIARCA was, from at least 1970 to the time of his death on July 11, 1984, the boss of the New England LCN family. Raymond L S. Patriarca controlled the activities of co-conspirator Arthur Ettore Coia regarding his duties with respect to LIUNA. Raymond L.S. Patriarca aided, abetted, counseled, commanded, induced and procured the commission of Racketeering Acts Nos. 6 through 9 below.

j. ANTHONY SALERNO, also known as "Fat Tony", was, from at least 1981 up to 1988, held out as the boss of the Genovese Family. In 1987, in the case of United States v. Anthony Salerno et al , No. SSS85 Cr. 0139 (R0), in the United States District Court for the Southern District of New York, Anthony Salerno was convicted, along with other members of the LCN Commission, of RICO and RICO conspiracy relating, in part, to extortion and labor bribery involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20 through 37 below. In 1987, Salerno was sentenced to serve one hundred years in prison and to pay a fine of $240,000. (See attached Exhibit 84) Salerno's conviction was affirmed in United States v. Salerno, 868 F 2d 524 (2d Cir. ), cert. denied, 493 U. S. 811 (1989). In 1987, Anthony Salerno was barred from participating in the affairs of, or having any dealing with any officer or employee of, any labor organization in the case of United States v. Local 6P LIUNA et al , No 86 Civ. 4819(VLB)

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in the United States District Court for the Southern District of New York . Anthony Salerno died while serving his sentence on July 27, 1992.

k. SALVATORE SANTORO, also known as "Tom Mix," was, from at least 1980 to 1987, the underboss of the Luchese LCN family. In 1987, in the case of United States v. Anthony Salerno et al. , No.SSS 85 Cr.0139 (RO), in the United States District Court for the Southern District or New York, Salvatore Santoro was convicted along with other members of the LCN Commission, of RICO and RICO conspiracy relating, in part., to extortion and labor bribery involving the LIUNA Cement and Concrete Workers District Council in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20 through 37 below. Santoro's conviction, was affirmed in United States v. Salerno, 868 F 2d 524 (2d Cir. ), cert. denied, 493 U S. 811 (1989). On January 13, 1987, Santoro was sentenced to serve one hundred years in prison. In 1987, Salvatore Santoro was permanently barred from participating in any way in the affairs of, or having any dealings with any officer or employee of, any labor organization in the case of United States v. Local 6A LIUNA et al , No 86 Civ. 4859(VLB), in the United States District Court for the Southern District of New York. Santoro is currently serving his sentence.

l. RALPH SCOPO was, from 1979 to 1986, the business manager of LIUNA Local 6A and president of the Cement and Concrete Workers District Council of Greater New York and Vicinity of the Laborers' Union . Ralph Scopo died in prison in March 1993. At all times

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material hereto, Scopo was a "made" member of the Colombo LCN family. In 1986, in the case of United States v. Carmine Persico et al. , No. S 84 Cr. 809 (JFK)) , in the United States District Court for the Southern District of New York, Ralph Scopo was convicted of RICO and RICO conspiracy involving multiple acts of extortion, and labor bribery in exchange for labor peace and the use of non-union labor, while Scopo was president of the LIUNA Cement and Concrete Workers District Council, in violation of Title 1; United States Code, Sections 1962(c) and (d) and 1951 and Title 29, United States Code, Section 186(b). On October 14, 1987, Scopo was sentenced to serve fifteen years in prison.
In 1986, in the case of United States v. Anthony Salerno et al., No. SSS 85 Cr. 0139(RO), in the United States District Court for the Southern District of New York, Ralph Scopo was convicted, along with the various members of the LCN Commission, of RICO and RICO conspiracy relating, in part, to extortion and labor bribery involving the LIUNA Cement. and Concrete Workers District Council in exchange for labor peace and the use of non-union labor, as alleged in Racketeering Acts Nos. 20 through 37 below. On January 13, 1987 Scopo was sentenced to serve one hundred years in prison to run concurrently with the sentence in the Persico case (See attached Exhibit 88) Scopo's conviction in case No. SSS 85-0139 was affirmed in United States v. Salerno, 868 F. 2d 524 (2d Cir.), cert. denied, 493 U.S. 811 (1989). Scopo's conviction in case No. S 84-809 was affirmed in United States v. Scopo, 861 F. 2d 339 (2d Cir.- 1988), cert.. denied, 490 U.S. 1048 (1989).
Because of the activities of Ralph Scopo, in 1991, the

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Cement and Concrete Workers District Council consented to be placed under the supervision of a court appointed trustee in the case of United States v. Local 6A LIUNA et al ., No. 86 Civ. 4819 (VLB), in the United States District Court for the Southern District of New York. In addition Ralph Scopo, Jr., and the late Joseph Scopo, both sons of Ralph Scopo and "made" members of the Colombo LCN family, were barred from participating in the affairs of any labor organization in the case of United States v. Local 6A, LIUNA et al. , supra.

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

n. SANTO TRAFFICANTE was, from at least 1970 until the time of his death on March 17, 1987, the boss of the Trafficante LCN family located in Tampa, Florida. Santo Trafficante aided, abetted, counseled, commanded, induced and procured the commission of offenses relating to the acceptance of kickbacks for the sale of insurance, as alleged in Racketeering Acts Nos. 2 through 5 below.

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VII

THE ENTERPRISE

16. At all times material to this complaint, LIUNA together with its regional offices, subordinate district councils and local unions, and affiliated employee welfare benefit and employee pension benefit plans, collectively, have constitute an "enterprise" , as that term is defined in Title 18, United States Code, Section 1961(4), which enterprise was engaged in, and the activities of which affected, interstate and foreign commerce. The enterprise has been, and continues to be, a captive labor organization which has been continuously and systematically controlled, exploited, and dominated in the conduct of its affairs by the LCN and its members and associates in the manner and means which are described herein.

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VIII

COUNT ONE

VIOLATION OF TITLE 18. UNITED STATES CODE. SECTION 1962(b)

17. Acquiring and Maintaining Control of LIUNA: From at least the late 1960 ' s up to and including the date of the filing of this complaint, in the Northern District of Illinois and elsewhere, defendants SAMUEL J. CAlVANO, LOUIS CASCIANO, JAMES B. CASTALDO, JOHN CATANZARO, ARTHUR ARMAND COIA, RAYMOND FLYNN, JAMES J. GALLO, JOHN GIARDIELLO, MICHAEL LABARBARA, JR., GENNARO LANGELLA, ANTHONY D. LIBERATORE, CHESTER J. LIBERATORE, LOUIS ANTHONY MANNA, also known as "Bobby Manna", JAMES MESSERA, ROCCO J. NAPOLI, CARMINE PERSICO, ALFRED PILOTTO, JOHN RIGGI, JOSEPH P. ROSATO, DANIEL G. SANSANESE, JR., JOSEPH TODARO, SR., JOSEPH A. TODARO, JR.,

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SALVATORE TRICARIO, PETER VARIO, also known as "Jocko," PETER A. VARIO, also known as "Butch";, the co-conspirators named in Paragraph 15 above, and others, including members and associates of the LCN, whose names are both known and unknown, did unlawfully, knowingly and intentionally acquire and maintain, directly and indirectly, an interest in and control of the aforementioned enterprise which was engaged in, and the activities of which affected, interstate and foreign commerce, through a pattern of racketeering activity, as alleged in paragraphs 28 through 79 below, in violation of Title 18, United States Code, Sections 1962(b) and 2.

18. The Enterprise: Paragraph 16 above is incorporated by reference and realleged as if fully set forth herein.

19. Methods and Means: The defendants named in Paragraph 17 above, have unlawfully, knowingly and intentionally acquired and maintained, directly and indirectly, an interest in and control of the aforementioned enterprise through a pattern of racketeering activity through the manner and means set forth in subparagraphs a. through e. below, among others:

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

(1) Selection of the General President:

(a) In 1926, the late Joseph V. Moreschi was elected to the Presidency of LIUNA. Since that time

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there have been only three other General Presidents of LIUNA : the late Peter J. Fosco, General President of LIUNA from 1968 until in his death in 1975; Peter J. Fosco's son, Angelo Fosco, who was the General President of LIUNA from October 1975 until his death in February 1993; and defendant ARTHUR ARMAND COIA, the current President, who was elected General President by the General Executive Board upon the death of Angelo Fosco. The three former General Presidents were members of LIUNA local unions in Chicago, Illinois. Joseph Moreschi was a member of LIUNA Local 1; Peter J. Fosco and Angelo Fosco both were members of Local 2 of LIUNA.

(b) In the summer of 1974 it became known that Peter Fosco was ill and might soon die. In order to maintain control over the affairs of LIUNA, Anthony Accardo, also known as "Joe Batters," who was at that time either the boss or the consigliere of the Chicago LCN family, ordered that co-conspirator Angelo Fosco, Peter Fosco's son and then the regional manager of the Chicago Regional Office of LIUNA, would become the General President of LIUNA. These orders were followed by Angelo Fosco because Anthony Accardo was a leading figure in the Chicago LCN family.

(c) Peter Fosco died in October 1975. At a meeting of the Board held in Chicago, Illinois for the purpose of selecting the new General President, the name of

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Angelo Fosco was placed in nomination by the late Michael Lorello, then the regional manager of the LIUNA's New York-New Jersey Regional Office and an International Vice-President of LIUNA. Lorello was an associate of the Genovese LCN family. Angelo Fosco was elected by the Board to become the General President of LIUNA.

(d) In the middle 1980's, co-conspiratorArthur E. Coia began an effort to challenge Angelo Fosco for reelection as General President of LIUNA. Coia undertook this campaign because he lacked respect for Fosco and believed that Fosco's conduct harmed LIUNA and the LCN's control of LIUNA. Shortly before the 1986 General Convention of LIUNA, Arthur E. Coia met with defendant JOSEPH A. TODARO, SR., the boss of the Buffalo LCN family, who advised co-conspirator Arthur E. Coia that he should abandon his effort to challenge Fosco because the Chicago LCN family would not yield its control of the position of the General Presidency of LIUNA. In addition, shortly before the 1986 General Convention of LIUNA, Arthur E. Coia was instructed by unknown LCN figures to stop his effort to challenge Fosco, and he complied. Angelo Fosco was reelected General President of LIUNA without opposition at the 1986 General Convention.

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(2) Selection of Regional, District Council and local officials:

(a) In 1987, Michael Lorello, then an International Vice-President of LIUNA and regional manager of LIUNA's New York-New Jersey Regional Office died. After Lorello's death, Ronald Michael Fino, then business manager of LIUNA Local 210, Buffalo, New York, and defendant SAMUEL J. CAIVANO, then the assistant regional manager for the New York-New Jersey Regional Office, sought to replace Lorello. In his effort to attain this position, Ronald Fino solicited the assistance of numerous LIUNA officials, including the Secretary-Treasurer Arthur E. Coia, as well as numerous LCN members, including defendant JOSEPH A. TODARO, SR., boss of the Buffalo LCN family, co-conspirator Vincent Solano, a capo in the Chicago LCN family and president of LIUNA Local 1, and defendant JOHN RIGGI, boss of the DeCavalcante LCN family and business manager of LIUNA Local 394 located in Elizabeth, New Jersey. Eventually, on instructions delivered to then LIUNA General President and co-conspirator Angelo Fosco, through an intermediary, by co-conspirator Gaspar Lupo, who is described in paragraph 15 h. above, defendant SAMUEL J. CAIVANO was selected for the position. Fino was told by both defendant JOSEPH A. TODARO, SR., and defendant JOHN RIGGI that the position belonged to the Genovese LCN family, and they were not willing to give it up.

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Thereafter, co-conspirator Vincent Solano, a Chicago LCN capo and the president of LIUNA Local 1, offered Fino the position of regional manager of the New Orleans Regional Office of LIUNA. Fino declined to accept this offer, in part, because defendant JOSEPH A TODARO, Sr., instructed Fino to decline it. Thereafter, Peter Fosco, the son of General President Angelo Fosco and grandson of the late General President of the union, was appointed to the position by his father, co-conspirator Angelo Fosco.

(b) Co-conspirator Gaspar Lupo, the long-time president of the New York Mason Tenders District Council, was controlled by the Genovese LCN family, of which he was a "made" member. On May 31, 1989, Genovese family capo JAMES MESSERA commented to members of his LCN crew that, "Gaspar (Lupo) will do anything I tell him... if I tell him to jump off the roof, he'll jump off the fuckin building. " Gaspar Lupo, often accompanied by his son, Frank Lupo, then the business manager of the Mason Tenders District Council, also regularly visited co-conspirator Anthony " Fat Tony " Salerno, then the boss of the Genovese LCN family, at the Palma Boys Social Club in Manhattan. On June 13, 1989, Gaspar Lupo died of natural causes. On June 19, 1989, defendant JAMES MESSERA told members of his LCN crew that in the past "Fat Tony" (co-conspirator Anthony

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Salerno) had given him instructions concerning the affairs of the District Council. MESSERA also said that he had told "Frankie" (Frank Lupo, Gaspar's son,) that as the result of his father's death, he (Frankie) now had the "number one position in the District Council") " and that "we'll make the decisions. " He also said that he had told "Frankie" that he should arrange raises and new cars for LCN members LOU CASCIANO and Al Soussi, both of whom held positions on the district council. On June 19, 1989, Frank Lupo became head of the Mason Tenders District Council. Thereafter at the direction of defendant JAMES MESSERA, Frank Lupo appointed defendant LOUIS CASCIANO the assistant to the president of the district council and authorized substantial salary increases and new cars for both CASCIANO and Albert Soussi. Several days later, MESSERIA told members of his crew, "if I gotta worry . . . his son (Frank Lupo) fuckin' me, then he ain't gonna last. He won't be there " five minutes . . . I don't give a fuck if it's Lupo's son. I'll take this motherfucker down in one second and he won't be there no more. That ain't the problem . . . I put him there, because I figured he's qualified and it's only right . . . because he was second in line . . . Gaspar was put there by his father and Joe ("Joe Lefty" Loiacono] had him there." Ernest M. Muscarella, current supervisor of field representatives for the

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Mason Tenders District Council Trust Funds, replaced James Messera as the Genovese LCN family overseer of the Mason Tenders District Council after Messera went to prison in 1991.

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

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months later, Fino received notice that the General Executive Board had authorized the offices of business manager and secretary-treasurer to be split. Subsequently, DANIEL G. SANSANESE, JR., was appointed to the office of secretary-treasurer of Laborers Local 210 by the Executive Board of that local.

(d) On July 11, 1994, Leonard Falzone, the consigliere of the Buffalo LCN family, while serving as the administrator of the benefit funds for LIUNA Local 210, Buffalo, New York, was convicted of RICO and RICO conspiracy in relation to the collection of unlawful debts through the use of implicit threat of violence, in violation of Title 18, United States Code, Section Section 11962, (c) and (d). Sentencing of Falzone is pending.
Following his conviction, Leonard Falzone was replaced as administrator of the Local 210 benefit funds by his brother, Frank Falzone.

(e) In 1987, Louis M Giardina, a "made" member of the Gambino LCN family, while serving as president of LIUNA Local 23, New York City and treasurer of the Mason Tenders District Council, was convicted of RICO conspiracy, as alleged in paragraph 83 f. below, and sent to prison. In order to maintain control of Local 23 and to protect the Gambino LCN family's interests, Salvatore Gravano, then the underboss of the Gambino LCN family, arranged to have Louis Giardina appoint Joseph

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DelMonico, also known as "Joe Brewster", a "made" member of the Gambino family, to the position of organizer at Local 23. Gravano also directed John Gammarano, a "made" member of the Gambino family, to work with DelMonico to maintain control of Local 23.

(f) In 1986, defendant PETER A. VARIO, also known as "Butch" was convicted of various offenses as set forth in Racketeering Acts Nos. 98 through 100 below and, prior to sentencing, and before any action by LIUNA to remove him, resigned from his position as business manager of LIUNA Local 46, Queens, New York, by order of the court. In December 1988, after Vario's court-ordered resignation, LIUNA placed Local 46 under trusteeship. Between 1989 and l991, a dispute arose between the Genovese LCN family and the Luchese LCN family over which LCN family would have control of Local 46 following the termination of the trusteeship. The Genovese family objected to the placement of Joseph Luciano, the Luchese supported candidate, as president of Local 46. At a meeting in the latter part of 1989, attended by members of the Genovese family and members of the Luchese family, none of whom were LIUNA officials, it was decided that the office of president of Local 46 "belonged" to the Luchese family and that the position should go to Luciano. Thereafter, Joseph

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Luciano was returned to the position of president of LIUNA Local 46 and currently remains in that office.

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

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

(i) Salvatore Lanza, the secretary-treasurer of LIUNA 30 and a delegate to the Mason Tenders District Council, recently assumed the position of secretary-treasurer of the district council, replacing Joseph C. Loiacono, Jr., the son of now deceased Genovese capo

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Joseph "Joe Lefty" Loiacono Lanza, formerly the recording secretary for the district council, is an associate of the Genovese LCN family and, along with Mason Tenders President, Frank Lupo, frequently meet with Genovese family boss Anthony "Fat Tony" Salerno at Salerno's social club to discuss union business.

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

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

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

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Frederico "Freddy The Wolf" Randaccio. In return for his support, Cammilleri asked Fino for appointment to a position on Local 210, a request which had been communicated to the leaders of the Buffalo LCN family. Cammilleri was never appointed to a position in Local 210.

(3) On November 8, l979, John Paul Spica, president of LIUNA Local 42, St. Louis, Missouri and an associate of the St. Louis LCN family, was sitting in his automobile when the automobile exploded, killing him. The bombing was carried out by defendant RAYMOND FLYNN and another, after they discovered that Spica planned to murder FLYNN and take control of Local 42 from FLYNN. In 1987, FLYNN was convicted of participation in the Spica murder, as alleged in Racketeering Act; No. 11 below.

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

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

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

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

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

(1) In 1938, Defendant ANTHONY D LIBERATORE was convicted of the murder of a police officer and sentenced to serve life in prison. In approximately 1957, Liberatore sentence was commuted to murder in the second degree by the Governor of Ohio, and he was paroled in 1958. Shortly after his release from prison, Liberatore was elected to the position of business manager of LIUNA Local 860. Liberatore held this position until at least 1979, when he was arrested as one of the FBI's ten most wanted fugitives and convicted of bribery, as set forth in paragraph 13. k. above.

(2) In 1968, Daniel Domino, a steward of LIUNA Local 210, Buffalo, New York and a member of the Buffalo LCN

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family, was sent to jail for extortion. He was release from custody in approximately 1975. On instructions from Joseph Pieri, then a leading figure in the Buffalo LCN family, Domino was hired as a business agent of LIUNA Local 210. Another business agent was fired to make room for Domino. When it was discovered that federal law (Title 29, United States Code, Section 504 ) prohibited Domino from holding that position, his title was changed to "clerk" but he was paid the same salary and benefits. Domino held this position and later became a business agent and then president of LIUNA Local 210 until approximately 1985, when he was fired by the business manager on orders from defendants JOSEPH A. TODARDO, Sr. , and JOSEPH A TODARO, JR., the boss and underboss of the Buffalo LCN family, respectively, because he was aligned with a faction of the Buffalo LCN family with which the Todaros were at odds.

(3) On March 10, 1975, in the United States District Court for the Western District of New York, Misc. filing, Salvatore Caci, an associate of the Buffalo LCN family and then president of LIUNA Local 210 and former director of benefit plans for LIUNA Local 210 was incarcerated as a recalcitrant witness before the grand jury, pursuant to Title 28, United States Code, Section 1826, to serve a term in prison for the life of the grand jury, not to exceed eighteen months. Caci is currently the business manager of Local 210, having succeeded Ronald M Fino in 1988.

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(4) In 1985, in the case of United States v. Ronald M.Fino, Cr. No. 81-121, in the United States District Court for the Western District of New York, Ronald M. Fino, then the business manager of LIUNA Local 210, Buffalo, New York and an associate of the Buffalo LCN family, pled guilty to conspiracy to commit theft of government property valued less than $100.00, in violation of Title 18, United States Code, Section 641. On November 19, 1985, Fino was sentenced to serve two years probation. (See attached Exhibit 54} Despite his sentence, Fino remained as business manager of Local 210 until his retirement in 1988.

(5) In 1986, in the case ofUnited States v. Nicholas DiMaggio, No. 85-67E, in the United States District Court for the Western District of New York, Nicholas DiMaggio, referred to in sub-paragraph e. (11) of this paragraph below, and then training director of LIUNA Local 210, was convicted of wilfully subscribing false income tax returns, in violation of Title 26, United States Code, Section 7206(l). (See attached Exhibit 50) On August 25, l986, DiMaggio was sentenced to serve one year and one day in prison, with the sentence suspended and the defendant placed on probation for one year. Dimaggio is currently a business agent in LIUNA Local 225, Chicago, Illinois and chief instructor of the Chicago Laborers' District Council Training Center, Carol Stream, Illinois.

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(6) In 1962, the late Francis J. DeMonte, also known as "Babe", a business agent of LIUNA Local 1, Chicago, Illinois and an associate of the Chicago LCN family, was incarcerated for contempt of court for failing to respond to the questions of a special grand jury empaneled in the United States District Court for the Northern District of Illinois.
Co-conspirator Vincent Solano, then president of LIUNA Local 1, permitted DeMonte to retain his position in Local 1, following his release from custody.

(7) In 1982, in the case of United States v. Anthony Accardo, et al., No. 81-00230-CR-JWK, in the United States District Court for the Southern District, of Florida, James Caporale , secretary-treasurer of the LIUNA Chicago District Council, a special international representative of LIUNA, and an associate of the Chicago LCN family, was convicted with Chicago LCN family capo defendant ALFERD PILOTTO of RICO conspiracy and receiving welfare plan kickbacks, in violation of Title 18, United States Code, Sections 1954, 1962(d), and 1963. On September 14, 1982, Caporale was sentenced to serve twelve years in prison. (See attached Exhibit 45) Caporale's conviction was affirmed in United States v. Caporale, 806 F. 2d 1487 11th Cir. 1986), cert. denied, 483 U.S. 1021 (1987). After being convicted, Caporale was permitted to retain his position as secretary-treasurer of the Chicago Laborers' District Council until 1987, when he entered prison.. Caporale was replaced by

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Joseph A. Lombardo, Jr., the son of Chicago LCN family capo, Joseph A Lombardo.

(8) In 1975, in the case of United States v. Bernard Rubin, No. 75-337-CR-PF in the United States District Court for the Southern District of Florida, Bernard Rubin, president of the Southeast Florida Laborers' District No. 53, president of LIUNA Local 666, Miami, Florida, business manager of LIUNA Local 478, Miami, Florida and a LIUNA special international representative, was convicted of embezzlement of union and employee benefit funds and failure to keep union records relating to various LIUNA entities participating in the conduct of the affairs of the Southeast Florida Laborers District Council, through a pattern of racketeering activity, and filing false tax returns, in violation of Title 18, United States Code, Sections 664 and 1962; Title 29, United States Code, Sections 501(c) and 439; and Title 26, United States Code, Section 7206(1). On December 15, 1975, Rubin was sentenced to serve five years in prison .(See attached Exhibit 82) Following his conviction, Rubin was relieved of his position as special international represent