COUNT ONE

(Conspiracy)
The Grand Jury charges:

1. From in or about 2000, up to and including in or
   about 2001, in the Southern District of New York and elsewhere,
   ROBERT PERSICO, the defendant, and others known and unknown,
   unlawfully, willfully, and knowingly did combine, conspire,
   confederate, and agree together and with each other to commit
   offenses against the United States, to wit, to violate Title 18,
   United States Code, Sections 1341 and 1346, and Title 29, United
   States Code, Section 186.
   
1. It was a part and an object of the conspiracy that
   the defendant, ROBERT PERSICO, and others known and unknown,
   having devised and intending to devise a scheme and artifice to
   defraud, and for obtaining money and property by means of false
   and fraudulent pretenses, representations and promises, for the
   purpose of executing such scheme and artifice and attempting so
   to do, unlawfully, willfully and knowingly would and did place in
   a post office and authorized depository for mail matter, matters
   
2. and things to be sent and delivered by the Postal Service, and
   would and did deposit and cause to be deposited a matter and
   thing to be sent and delivered by a private and commercial
   interstate carrier, and would and did take and receive therefrom,
   such matters and things, and would and did knowingly cause to be
   delivered by mail and such carrier according to the direction
   thereon, and at the place at which it was directed to be
   delivered by the person to whom it was addressed, such matters
   and things, in violation of Sections 1341 and 1346 of Title 18,
   United States Code.
   
1. It was further a part and an object of the
   conspiracy that the defendant, ROBERT PERSICO, and others known
   and unknown, knowing that PERSICO was an employer and a person
   who acted in the interest of an employer, namely, Persico
   Contracting and Trucking, Inc., would and did pay, lend, and
   deliver, and agree to pay, lend, and deliver money and other
   things of value to labor organizations, namely, Locals 14 and 15
   of the International Union of Operating Engineers (“Locals 14 and
   15”), and officers and employees of Locals 14 and 15, which
   represented, sought to represent, and did admit to membership the
   employees of Persico Contracting and Trucking, Inc., who were
   employed in an industry affecting commerce, in violation of
   Section 186 of Title 29, United States Code.
   
2. OVERT ACTS
   
2. In furtherance of said conspiracy and to effect
   the illegal objects thereof, the following overt acts, among
   others, were committed in the Southern District of New York and
   elsewhere:
   

a.

In or about 2000, PERSICO, acting on behalf of
Persico Contracting and Trucking, Inc., a contractor engaged in
the construction industry which had signed collective bargaining
agreements (“CBAs”) with Locals 14 and 15, made a cash payment to
a business agent (“Business Agent-1") of Local 14.

b.

From in or about 2000, up to and including in or
about 2001, numerous mailings were sent through United States
mail to and from the offices of Locals 14 and 15 including, among
other things, reports by Persico Contracting and Trucking, Inc.
of hours worked by members of Locals 14 and 15 on various Persico
Contracting and Trucking, Inc. jobsites, contributions by Persico
Contracting and Trucking, Inc. to Locals 14 and 15 employee
welfare and pension funds, and statements of benefits of
individual Locals 14 and 15 members, some of whom had worked on
Persico Contracting and Trucking, Inc. jobsites.

(Title 18, United States Code, Section 371.)

COUNT TWO

(Mail Fraud)
The Grand Jury further charges:

5. From in or about 2000, up to and including in or
about 2001, in the Southern District of New York and elsewhere,
ROBERT PERSICO, the defendant, and others known and unknown,
having devised and intending to devise a scheme and artifice to
defraud and for obtaining money and property by means of false
and fraudulent pretenses, representations, and promises, for the
purpose of executing such scheme and artifice and attempting so
to do, unlawfully, willfully, and knowingly did place in a post
office and authorized depository for mail matter, matters and
things to be sent and delivered by the Postal Service, did
deposit and cause to be deposited such matters and things to be
sent and delivered by private and commercial interstate carriers,
and did take and receive therefrom, such matters and things, and
did cause to be delivered by mail according to the direction
thereon, and at the place it was directed to be delivered by the
person to whom it was addressed, such matters and things, to wit,
PERSICO participated in a scheme whereby the members of Locals 14
and 15 were deprived of the intangible right of honest services
of the elected officials of Locals 14 and 15, who received
payments from PERSICO, acting on behalf of Persico Contracting
and Trucking, Inc., a contractor engaged in the construction

industry which had signed CBAs with Locals 14 and 15, and during
the course of such scheme, numerous pieces of correspondence were
sent between Locals 14 and 15 and Persico Contracting and
Trucking, Inc., and other entities and individuals, via United
States mail.

(Title 18, United States Code, Sections 1341, 1346 and 2.)

COUNT THREE

(Unlawful Receipt of Labor Payments)
The Grand Jury further charges:

6. From in or about 2000, up to and including in or
about 2001, in the Southern District of New York and elsewhere,
ROBERT PERSICO, the defendant, unlawfully, willfully, and
knowingly, being an employer and a person who acted in the
interest of an employer, namely, Persico Contracting and
Trucking, Inc., did pay, lend, and deliver, and agree to pay,
lend, and deliver money and other things of value to labor
organizations, namely, Locals 14 and 15, and officers and
employees of Locals 14 and 15, which represented, sought to
represent, and did admit to membership the employees of Persico
Contracting and Trucking, Inc., who were employed in an industry
affecting commerce, to wit, PERSICO, on behalf of Persico
Contracting and Trucking, Inc., a contractor engaged in the
construction industry which had signed CBAs with Locals 14 and

15, improperly made payments to business managers, business
agents and other officers and employees of Locals 14 and 15.
(Title 29, United States Code, Section 186 and
Title 18, United States Code, Section 2.)

FOREPERSON DAVID N. KELLEY
United States Attorney