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INTRODUCTION TO ALL COUNTS At all times relevant to this Superseding Information, unless otherwise indicated: I. The Enterprise 1. The members and associates of the Gambino organized crime family of La Cosa Nostra (the “Gambino Family”) constituted an “enterprise,” as that term is defined in Title 18, United States Code, Section 1961(1), that is, a group of individuals associated in fact that engaged in, and the activities of which affected, interstate and foreign commerce. The Gambino Family operated in the Eastern District of New York and elsewhere. The enterprise constituted an ongoing organization whose members functioned as a continuing unit for a common purpose of achieving the objectives of the enterprise. 2. The Gambino Family was part of a nationwide criminal organization known by various names, including the “mafia” and “La Cosa Nostra,” which operated through entities known as “families.” The ruling body of this nationwide organization was known as the “Commission,” the membership of which at various times has included the bosses of the five New York City-based families, to wit: the Bonanno, Colombo, Gambino, Genovese and Luchese organized crime families.
II. The Purposes, Methods and Means of the Enterprise 8. The principal purpose of the enterprise was to generate money for its members and associates. Additionally, members of the enterprise engaged in conduct designed to prevent government detection of their identities, their illegal activities and the proceeds of those activities. These purposes were implemented by members and associates of the enterprise through various criminal activities, including extortion, fraud, money laundering and obstruction of justice. Among other methods and means by which the members of the enterprise furthered its criminal activities were express and implied threats of economic injury and physical violence. III. CONTINI’s Role in the Enterprise A. In General
B. 2 Broadway
C. City Check Cashing
A. Interstate Transportation of Checks Fraudulently Obtained from the MTA Payable to Links Construction 19. In or about and between March 1999 and April 2000, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, did knowingly and intentionally transport, transmit, and transfer in interstate and foreign commerce securities and money in excess of $5,000, to wit: checks from the MTA transported to City Check, knowing the same to have been stolen, converted and taken by fraud, in violation of Title 18, United States Code, Sections 2314 and 2. B. Money Laundering 20. In or about and between March 1999 and April 2000, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, did knowingly and intentionally conduct financial transactions, in and affecting interstate commerce, which in fact involved the proceeds of specified unlawful activity, to wit: interstate transportation of property converted and obtained by fraud, in violation of Title 18, United States Code, Section 2314, wire fraud, in violation of Title 18, United States Code, Section 1343 and mail fraud, in violation of Title 18, United States Code, Section 1341, knowing that the property involved in the financial transactions, to wit: MTA and Links Construction checks negotiated at City Check, represented the proceeds of some form of unlawful activity, (a) with the intent to promote the carrying on of the specified unlawful activity, and (b) knowing that the financial transactions were designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership and the control of the proceeds of the specified unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i) and 1956(a)(1)(B)(i). RACKETEERING ACT THREE (Interstate Transportation of Property Obtained By Fraud 5 Boro Construction - 2 Broadway)
act four: A. Extortion 23. In or about September 1999, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, knowingly and intentionally obstructed, delayed and affected commerce, and the movement of articles and commodities in commerce, by extortion, in that the defendant obtained money, to wit: approximately $101,500, from John Doe #3, an individual whose identity is known to the United States Attorney, with the consent of John Doe #3, which consent was induced through wrongful use of actual and threatened fear, in violation of Title 18, United States Code, Sections 1951(a) and 2. B. Interstate Transportation of Property Obtained By Fraud 24. On or about September 17, 1999, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, did knowingly and intentionally transport, transmit, and transfer in interstate and foreign commerce securities and money in excess of $5,000, to wit: a check in the amount of $101,500 payable to On-the-Job Carpentry, which was transported to City Check, knowing the proceeds of the check to have been stolen, converted and taken by fraud, in violation of Title 18, United States Code, Sections 2314 and 2. C. Money Laundering
A. Extortion 27. In or about and between March 1999 and April 20, 2000, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, knowingly and intentionally obstructed, delayed and affected commerce, and the movement of articles and commodities in commerce, by extortion, in that the defendant and others obtained money, to wit: approximately $209,240.40, from John Doe #4, an individual whose identity is known to the United States Attorney, with the consent of John Doe #4, which consent was induced through wrongful use of actual and threatened fear, in violation of Title 18, United States Code, Sections 1951(a) and 2. B. Interstate Transportation of Property Obtained By Fraud 28. On or about April 20, 2000, within the Southern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, did knowingly and intentionally transport, transmit, and transfer in interstate and foreign commerce securities and money in excess of $5,000, to wit: a check from Inter Metal Fabricators to On-the-Job Carpentry in the amount of $209,240.40, which was transported to City Check, knowing the proceeds of the check to have been converted and taken by fraud, in violation of Title 18, United States Code, Sections 2314 and 2. C. Money Laundering 29. On or about April 20, 2000, within the District of New Jersey and elsewhere, the defendant FREDERICK CONTINI, together with others, did knowingly and intentionally conduct a financial transaction, in and affecting interstate commerce, which in fact involved the proceeds of specified unlawful activity, to wit: extortion, in violation of Title 18, United States Code, Section 1951(a) and interstate transportation of property converted and obtained by fraud, in violation of Title 18, United States Code, Section 2314, knowing that the property involved in the financial transaction, to wit: a check in the amount of $209,294.40, payable to On-the-Job Carpentry and negotiated at City Check, represented the proceeds of some form of unlawful activity, (a) with the intent to promote the carrying on of the specified unlawful activity, and (b) knowing that the financial transactions were designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership and the control of the proceeds of the specified unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i), 1956(a)(1)(B)(i) and 2. RACKETEERING ACT SIX (Covin Management - 2 Broadway) 30. The defendant FREDERICK CONTINI committed the following acts, either one of which alone constitutes racketeering act six: A. Interstate Transportation of Property Obtained By Fraud 31. In or about and between July 1998 and March 2000, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, did knowingly and intentionally transport, transmit, and transfer in interstate and foreign commerce securities and money in excess of $5,000, to wit: checks payable to Covin Management and transported to City Check, knowing the same to have been stolen, converted and taken by fraud, in violation of Title 18, United States Code, Sections 2314 and 2. B. Unlawful Monetary Transactions
A. Extortion 34. In or about October 1999, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others including John Doe #1 and John Doe #2, knowingly and intentionally obstructed, delayed and affected commerce, and the movement of articles and commodities in commerce, by extortion, in that the defendant and others obtained money, to wit: approximately $201,000, from John Doe #5, an individual whose identity is known to the United States Attorney, with the consent of John Doe #5, which consent was induced through wrongful use of actual and threatened fear, in violation of Title 18, United States Code, Sections 1951(a) and 2. B. Extortion Conspiracy 35. In or about and between July 1998 and July 2000, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others including John Doe #1 and John Doe #2, knowingly and intentionally conspired to obstruct, delay and affect commerce, and the movement of articles and commodities in commerce, by extortion, in that the defendant and others agreed to obtain money, from John Doe #5, with the consent of John Doe #5, which consent was to be induced through wrongful use of actual and threatened fear, in violation of Title 18, United States Code, Section 1951(a). RACKETEERING ACT EIGHT (Halpern Construction - 2 Broadway) 36. The defendant FREDERICK CONTINI committed the following acts, either one of which alone constitutes racketeering act eight: A. Interstate Transportation of Property Obtained By Fraud 37. On or about and between April 1999 and February 2001, both dates being approximate and inclusive, within the Southern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others including John Doe #2, did knowingly and intentionally transport, transmit, and transfer in interstate and foreign commerce securities and money in excess of $5,000, to wit: checks from Halpern Construction to Covin Management, knowing the proceeds of the checks to have been converted and taken by fraud, in violation of Title 18, United States Code, Sections 2314 and 2. B. Money Laundering 38. On or about and between April 1999 and February 2001, within the District of New Jersey and elsewhere, the defendant FREDERICK CONTINI, together with others including John Doe #2, did knowingly and intentionally conduct financial transactions, in and affecting interstate commerce, which in fact involved the proceeds of specified unlawful activity, to wit: interstate transportation of property converted and obtained by fraud, in violation of Title 18, United States Code, Section 2314 and mail fraud, in violation of Title 18, United States Code, Section 1341, knowing that the property involved in the financial transactions, to wit: checks from Halpern Construction to Covin Management, which were negotiated at City Check, represented the proceeds of some form of unlawful activity, and knowing that the financial transactions were designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership and the control of the proceeds of the specified unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i) and 2. RACKETEERING ACT NINE (Obstruction of Justice) 39. On or about and between August 10, 2000 and April 2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant FREDERICK CONTINI, together with others, did knowingly, intentionally and corruptly endeavor to influence, obstruct and impede the due administration of justice with respect to a Grand Jury investigation of the construction project at 2 Broadway, by causing to be created fake invoices purporting to justify certain payments to shell companies from Links Construction and World Elevator, which payments were in fact kickbacks to CONTINI and others, in violation of Title 18, United States Code, Sections 1503 and 2. (Title 18, United States Code, Sections 1962(d), 1963 and 3551 et seq.) ROSLYNN R. MAUSKOPF UNITED STATES ATTORNEY EASTERN DISTRICT OF NEW YORK |
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