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IN THE DISTRICT COURT OF THE UNITED STATES

for the Western District of New York

                                       

 

 

NOVEMBER 2001 GRAND JURY

(Impaneled 11/02/01) 

 

 

 

THE  UNITED  STATES  OF  AMERICA

 

-vs-

 

MARK  CONGI,

(Counts  1,  3,  4,  6,  7  and  Forfeiture),

DOMINICK  DELLACCIO,

(Counts  1,  3,  4  and  Forfeiture),

SALVATORE  BERTINO,

(Counts  1,  3,  4,  5,  7  and  Forfeiture),

MICHAEL  “BUTCH”  QUARCINI,

(Counts  1,  4  and  Forfeiture),

ALBERT  CELESTE,

(Count  1  and  Forfeiture),

ANDREW  SHOMERS,

(Counts  1,  3,  4,  5,  6,  and  Forfeiture),

SALVATORE  SPATORICO,

(Counts  1,  2  and  Forfeiture),

ANDREW  TOMASCIK,  JR.,

(Counts  1,  3  and  Forfeiture),

PAUL  BELLRENG,

(Counts  1,  3  and  Forfeiture),

BRIAN  PERRY,

(Counts  1,  3  and Forfeiture),

 

 

 

 

INDICTMENT

 

02-CR-73-A

 

 

 

 

Violations:

 

18 U.S.C. § 1962(d)

(Racketeering Conspiracy)

18 U.S.C. § 1963

(Racketeering Forfeiture)

18 U.S.C. § 1951(a)

(Hobbs Extortion)

18 U.S.C. § 33

(Destruction of

a Motor Vehicle)

18 U.S.C. § 2

(Aiding and Abetting)

 

(7 Counts and Forfeitures)

ANTHONY  CERRONE,

(Count  3),

MARK  LOSTRACCO,

(Count  2),

STEVEN  MARKLE,

(Count  3), and

JAMES  McKEOWN,

(Count  2),

 

Defendants.

 

 

 

 

COUNT 1

(RACKETEERING CONSPIRACY)

The Grand Jury Charges:

INTRODUCTION

 

That at all times material to Count 1: 

A.  THE ENTERPRISE

1.     There existed in the Western District of New York and elsewhere, an “Enterprise” as that term is defined in Title 18, United States Code, Section 1961(4); namely, a labor union and a group of individuals associated in fact.  The Enterprise consisted of a labor union known as the Laborers International Union of North America, Local 91, A.F. of L.—C.I.O. (hereinafter, “Local 91"), with principal offices located at 2556 Seneca Avenue, Niagara Falls, New York, and defendants MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, MICHAEL “BUTCH” QUARCINI, ALBERT CELESTE, ANDREW SHOMERS, SALVATORE SPATORICO, ANDREW TOMASCIK, JR., BRIAN PERRY, PAUL BELLRENG, and others, known to the Grand Jury, who were associated in fact and will be hereafter referred to as the Local 91 Criminal Enterprise.  From on or about 1996 to the date of the Indictment herein, the Local 91 Criminal Enterprise functioned as a continuing unit to achieve shared objectives as set forth below.  The Local 91 Criminal Enterprise was engaged in, and its activities affected, interstate commerce. 

B.  ROLES OF THE DEFENDANTS 

2.     Defendant MARK CONGI was a primary figure within the Local 91 Criminal Enterprise, and a member of Local 91.  From 1996 to the present, defendant CONGI held a variety of management positions within Local 91, including President, Vice President, Executive Board Member, and Business Agent.  Defendant CONGI occasionally referred to himself as the “strong arm” of Local 91.

3.     Defendant MICHAEL “BUTCH” QUARCINI was also a primary figure within the Local 91 Criminal Enterprise, and a member of Local 91.  In the time period of 1996 to the present, defendant QUARCINI served as Business Manager for Local 91 and directed and supervised the activities of the Local 91 Criminal Enterprise. 

4.     Defendant DOMINICK DELLACCIO was a member of Local 91 and occupied many positions of influence within the Local 91 Criminal Enterprise, including, in the time period of 1996 to July 1, 2001, President, Business Manager and Business Agent for Local 91. 

5.     Defendant SALVATORE BERTINO was a member of Local 91 who also occupied many positions of influence within the Local 91 Criminal Enterprise, including in the time period of 1998 to the present, Auditor and Executive Board member as well as Vice President of Local 91. 

6.     Defendant ALBERT CELESTE was a member of Local 91 and in the time period of 1997 to the present, variously served as Business Agent and Assistant Business Manager for Local 91. 

7.     Defendants ANDREW SHOMERS, SALVATORE SPATORICO, ANDREW TOMASCIK, JR., BRIAN PERRY and PAUL BELLRENG were all members of Local 91, occupied positions of power within Local 91, including steward and picket captain, and all associated with the Local 91 Criminal Enterprise.

8.     The defendants as a group were referred to as the “goon squad”, “strong arms” and “thugs”, based, in part, upon their willingness to engage in acts and threats of violence, sabotage and destruction of property on construction projects within Niagara County, New York.  These criminal acts were perpetrated by the defendants upon a number of victims, including persons and businesses conducting projects in Niagara Falls, their fellow union members and other tradespersons, and persons suspected of cooperating with law enforcement authorities against members of the Local 91 Criminal Enterprise. 

C.  OBJECTIVES OF THE LOCAL 91 CRIMINAL ENTERPRISE 

9.     The objectives of the Local 91 Criminal Enterprise included obtaining by extortion the property of construction contractors consisting of the right to pursue and conduct a lawful business including income, profits, sales and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise, and retain a workforce of their choice, other than members of Local 91, at construction projects in Niagara County, New York.

D.  MEANS AND METHODS OF THE LOCAL 91 CRIMINAL ENTERPRISE 

10.     Among the means and methods by which the defendants and their associates agreed to conduct and participate in the conduct of the affairs of the Local 91 Criminal Enterprise were the following: 

a.     Members of the Local 91 Criminal Enterprise and their associates used and attempted to use extortion, which affected interstate commerce.

b.     Members of the Local 91 Criminal Enterprise and their associates promoted a climate of fear through violence and threats of violence to construction industry employers and employees, and by refusing to negotiate disputes arising on construction projects. 

c.     Members of the Local 91 Criminal Enterprise and their associates used and threatened to use physical violence against numerous persons including persons associated with construction industry employers and employees and innocent bystanders.

d.     Members of the Local 91 Criminal Enterprise and their associates destroyed and sabotaged, and threatened to destroy and sabotage, construction equipment and to interrupt and impede the progress of construction projects.

11.     Beginning on or about 1996, the exact date being to the Grand Jury unknown, and continuing thereafter up to and including the date of this Indictment, in the Western District of New York and elsewhere, the defendants, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, MICHAEL “BUTCH” QUARCINI, ALBERT CELESTE, ANDREW SHOMERS, SALVATORE SPATORICO, ANDREW TOMASCIK, JR., BRIAN PERRY and PAUL BELLRENG, together and with others, both known and unknown, being persons employed by and associated with the Local 91 Criminal Enterprise, which was engaged in, and the activities of which affected interstate commerce, unlawfully and knowingly combined, conspired, confederated and agreed, together, with each other, and with others, to violate the provisions of Title 18, United States Code, Section 1962(c); that is, to conduct and participate, directly and indirectly, in the conduct of the affairs of the Local 91 Criminal Enterprise through a pattern of racketeering activity, as that term is defined in Title 18, United States Code, Sections 1961(1) and (5), consisting of numerous acts of extortion which are indictable under Title 18, United States Code, Section 1951, and multiple acts and threats involving extortion which are chargeable under state law and punishable by imprisonment for more than 1 year, some of which are set forth in racketeering acts 1 through 8 of this Count, and which are fully incorporated as if fully set forth herein. 

12.     It was a part of the conspiracy that during the aforesaid period, the defendants, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, MICHAEL “BUTCH” QUARCINI, ALBERT CELESTE, ANDREW SHOMERS, SALVATORE SPATORICO, ANDREW TOMASCIK, JR., BRIAN PERRY and PAUL BELLRENG, together and with others, agreed that a conspirator employed by or associated with the Local 91 Criminal Enterprise would commit at least two acts of racketeering activity in the conduct of the affairs of the Local 91 Criminal Enterprise. 

RACKETEERING ACT ONE

(Extortion Relating to a Construction

Project in Lockport, New York)


From on or about November, 1996 through and including April, 1998, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendant, DOMINICK DELLACCIO, together and with others, known and unknown, with intent to deprive a Company identified herein as Company 1, its owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire and retain a workforce of its choice, did wrongfully obtain and attempt to obtain such property from Company 1, its owners, operators and agents at a construction project in Lockport, New York by means of extortion; that is, by attempting and compelling and inducing Company 1, its owners, operators and agents to deliver said property to the defendants, and others, by means of instilling in Company 1, its owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00. 

RACKETEERING ACT TWO

(Extortion Relating to an Asbestos

Removal Project in Niagara Falls, New York)

From on or about February, 1997, through and including July 10, 1997, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI, DOMINICK DELLACCIO, ALBERT CELESTE, PAUL BELLRENG, SALVATORE SPATORICO and ANDREW TOMASCIK, JR., together and with others, known and unknown, with intent to deprive a Company identified herein as Company 2, its owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire and retain a workforce of its choice, did wrongfully obtain and attempt to obtain such property from Company 2, its owners, operators and agents at an asbestos removal project in Niagara Falls, New York by means of extortion; that is, by attempting and compelling and inducing Company 2, its owners, operators and agents to deliver said property to the defendants, and others, by means of instilling in Company 2, its owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00. 

RACKETEERING ACT THREE 

(Extortion Relating to Construction Projects at the

Clarion and Niagara Falls Hotels, Niagara Falls, New York)

From on or about March, 1998, through and including September, 1998, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI, MICHAEL “BUTCH” QUARCINI, SALVATORE SPATORICO, ANDREW TOMASCIK, JR. and BRIAN PERRY, together and with others, known and unknown, with intent to deprive Companies identified herein as Company 3 and Company 4, their owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire and retain a workforce of their choice, did wrongfully obtain and attempt to obtain such property from Company 3 and Company 4, their owners, operators and agents at construction projects at the Clarion and Niagara Falls Hotels in Niagara Falls, New York by means of extortion; that is, by attempting and compelling and inducing Company 3 and Company 4, their owners, operators and agents to deliver said property to the defendants, and others, by means of instilling in Company 3 and Company 4, their owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00. 

RACKETEERING ACT FOUR

(Extortion Relating to a Construction Project at

Wegman’s Food Market, Niagara Falls, New York)

The defendants, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, ANDREW TOMASCIK, JR., ANDREW SHOMERS, PAUL BELLRENG, BRIAN PERRY and others, known and unknown, committed the following acts, either one of which alone constitutes the commission of Racketeering Act Four.

A.     Extortion of Company 5 — Hobbs Act

Commencing on or about July, 1998, through and including September 16, 1998, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, ANDREW TOMASCIK, JR., ANDREW SHOMERS, PAUL BELLRENG and BRIAN PERRY, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 5, its owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project at Wegman’s food market in Niagara Falls, New York, with the consent of Company 5, its owners, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 5, its property, and employees, in violation of Title 18, United States Code, Section 1951(a) and 2.

B.  Extortion — New York Penal Law

Commencing on or about July, 1998, through and including September 16, 1998, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, ANDREW TOMASCIK, JR., ANDREW SHOMERS, PAUL BELLRENG and BRIAN PERRY, together and with others, known and unknown, with intent to deprive Company 5, its owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, did wrongfully obtain and attempt to obtain such property from Company 5, its owners, operators and agents at a construction project at Wegman’s food market in Niagara Falls, New York by means of extortion; that is, by attempting and compelling and inducing Company 5, its owners, operators and agents to deliver said property to the defendants, and others, by means of instilling in Company 5, its owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future, and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00. 

RACKETEERING ACT FIVE

(Extortion Relating to a Construction Project

at Niagara Falls High School) 

The defendants, MICHAEL “BUTCH” QUARCINI, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, ANDREW SHOMERS and others, known and unknown, committed the following acts, either one of which alone constitutes the commission of Racketeering Act Five. 

A.  Extortion of Company 6 — Hobbs Act

Commencing in or about March, 1999, through and including the Summer, 2000, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MICHAEL “BUTCH” QUARCINI, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO and ANDREW SHOMERS, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 6, its owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project located at Niagara Falls High School in Niagara Falls, New York, with the consent of Company 6, its owners, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 6, its property, and employees, in violation of Title 18, United States Code, Section 1951(a) and 2.

B.  Extortion — New York Penal Law

Commencing in or about March, 1999, through and including the Summer, 2000, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MICHAEL “BUTCH” QUARCINI, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO and ANDREW SHOMERS, together and with others, known and unknown, with intent to deprive Company 6, its owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, did wrongfully obtain and attempt to obtain such property from Company 6, its owners, operators and agents at a construction project at Niagara Falls High School in Niagara Falls, New York by means of extortion; that is, by attempting and compelling and inducing Company 6, its owners, operators and agents to deliver said property to the defendants, and others, by means of instilling in Company 6, its owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00.

RACKETEERING ACT SIX

(Extortion Relating to a Construction Project

at Niagara Falls High School) 

The defendants, SALVATORE BERTINO, ANDREW SHOMERS and others, known and unknown, committed the following acts, either one of which alone constitutes the commission of Racketeering Act Six.

A.  Extortion of Company 7 — Hobbs Act 

Commencing in or about 1999, through and including the summer of 2000, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, SALVATORE BERTINO and ANDREW SHOMERS, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 7, its owners, operators and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project located at Niagara Falls High School in Niagara Falls, New York, with the consent of Company 7, its owners, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 7, its property, and employees, in violation of Title 18, United States Code, Section 1951(a) and 2.

B.  Extortion — New York Penal Law 

Commencing in or about 1999, through and including the summer of 2000, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, SALVATORE BERTINO and ANDREW SHOMERS, together and with others, known and unknown, with intent to deprive Company 7, its owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, did wrongfully obtain and attempt to obtain such property from Company 7, its owners, operators and agents at a construction project at Niagara Falls High School in Niagara Falls, New York by means of extortion; that is, by attempting and compelling and inducing Company 7, its owners, operators and agents to deliver said property to the defendants, and others, by means of instilling in Company 7, its owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00.


RACKETEERING ACT SEVEN

(Extortion Relating to a Construction Project at

Niagara Falls Air Base) 

The defendants, MARK CONGI and ANDREW SHOMERS, and others, known and unknown, committed the following acts, either one of which alone constitutes the commission of Racketeering Act Seven. 

A.  Extortion of Company 8 — Hobbs Act

From sometime prior to May 21, 2001, through and including May 22, 2001, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI and ANDREW SHOMERS, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 8, its owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project located at Niagara Falls Air Base in Niagara Falls, New York, with the consent of Company 8, its owner, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 8, its property, and employees, in violation of Title 18, United States Code, Section 1951(a) and 2. 

B.  Extortion — New York Penal Law

From sometime prior to May 21, 2001, through and including May 22, 2001, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI and ANDREW SHOMERS, together and with others, known and unknown, with intent to deprive Company 8, its owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, did wrongfully obtain and attempt to obtain such property from Company 8, its owners, operators and agents at a construction project at Niagara Falls Air Base in Niagara Falls, New York by means of extortion; that is, by attempting and compelling and inducing Company 8, its owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00.

 

RACKETEERING ACT EIGHT

(Extortion Relating to a Construction Project at

Lewiston Porter Middle School)

 

The defendants, MARK CONGI and SALVATORE BERTINO, and others, known and unknown, committed the following acts, either one of which alone constitutes the commission of Racketeering Act Eight. 

A.  Extortion of Company 9 and Company 10 — Hobbs Act

Commencing in or about July, 2001, through and including August, 2001, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI and SALVATORE BERTINO, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from Companies identified herein as Company 9 and Company 10, their owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of their choice, at a construction project at Lewiston Porter Middle School in Lewiston, New York, with the consent of Company 9 and Company 10, their owners, operators and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 9 and Company 10, their property, and employees, in violation of Title 18, United States Code, Section 1951(a) and 2.

B.  Extortion — New York Penal Law

Commencing in or about July, 2001, through and including August 2001, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI and SALVATORE BERTINO, together and with others, known and unknown, with intent to deprive Company 9 and Company 10, their owners, operators and agents of property consisting of contracts and things of value, including the right to pursue and conduct a lawful business including income, profits, sales, and contracts, and the right to make business decisions free from outside pressure, the right to hire, direct, supervise and retain a workforce of their choice, did wrongfully obtain and attempt to obtain such property from Company 9 and Company 10, their owners, operators and agents at a construction project at Lewiston Porter Middle School in Lewiston, New York by means of extortion; that is, by attempting and compelling and inducing Company 9 and Company 10, their owners, operators and agents a fear that, if the property was not so delivered, the defendants and others would cause physical injury to some person in the future and cause damage to property, in violation of New York State Penal Law Sections 155.05(2)(e)(i) and (ii), 155.40, 110.00, 110.05 and 20.00. 

OVERT ACTS 

In furtherance of the conspiracy and in order to effect the object thereof, the defendants and their co‑conspirators committed the following overt acts, among others: 

1.     In or about 1995 or 1996, defendant MARK CONGI directed a member of Local 91 to make welded metal stars which could be used to damage property and vehicles and thereafter, the Local 91 member supplied defendant CONGI with the requested welded metal stars.

2.     In or about late November or early December, 1996, defendant DOMINICK DELLACCIO told the owner of Company 1 not to use workers the owner had selected for the Lockport construction project, and thereafter, Local 91 members threatened, followed, threw projectiles at, damaged the property of, and sought to prevent the owner and his employees from working at the project. 

3.     On or about January 30, 1997, a member of Local 91 threw a welded metal star at the Lockport construction project.

4.     In or about March, 1997, defendants DOMINICK DELLACCIO, ALBERT CELESTE, PAUL BELLRENG and other members of Local 91 attempted to intimidate the family of the owner of Company 1 in an effort to coerce the owner into acceding to the enterprise’s extortionate demands. 

5.     On or about March 20, 1997, a Local 91 member was arrested at the residence of the owner of Company 1 and thereafter, Local 91 paid the attorneys fees for this member based upon the request of defendant DOMINICK DELLACCIO.

6.     On or about May 18, 1998, defendant DOMINICK DELLACCIO stipulated that he and others in his control would discontinue throwing rocks, stones, tire spikes and other projectiles, trespassing, damaging and sabotaging property, interfering with and obstructing the vehicles, trailing employees and other persons, committing acts of intimidation and harassment, and engaging in other illegal activities regarding a construction project in Lockport, New York.

7.     On various occasions in February, March, and April, 1997, defendants MARK CONGI, DOMINICK DELLACCIO, ALBERT CELESTE and another member of Local 91 told the project manager of Company 2 that Company 2 should leave its employees home, and threatened that the project would be performed by Local 91 members or would not be done at all. 

8.     On or about March 12, 1997, defendant MARK CONGI told the project manager of Company 2 that “they” knew when he would be in town. 

9.     On or about March 17 or 18, 1997, defendant MARK CONGI told the project manager of Company 2 “this was Niagara Falls and it was [our] town.” 

10.     On or about March 21, 1997, defendants MARK CONGI, DOMINICK DELLACCIO and ALBERT CELESTE threatened the project manager of Company 2 that if the Company did not use Local 91's men, the defendants would “do what we have to do.”

11.     On or about March 26, 1997, defendant ALBERT CELESTE and another Local 91 member followed employees of Company 2 to their residence, in order to terrorize them and place them in fear for their safety.

12.     Sometime after on or about March 26, 1997, the exact dates being to the Grand Jury unknown, defendants MARK CONGI, ANDREW TOMASCIK, JR. and other Local 91 members followed employees of Company 2 in order to terrorize them and place them in fear for their safety. 

13.     On numerous occasions after March 26, 1997, the exact dates being to the Grand Jury unknown, defendant PAUL BELLRENG and other members of Local 91 threatened to kill the employees of Company 2 and their families. 

14.     On or about April 3, 1997, defendant ALBERT CELESTE threatened the project manager of Company 2, and stated he and others “would do what they have to do.” 

15.     On several occasions in 1997, Local 91 members destroyed the decontamination barrier at an asbestos removal project in Niagara Falls, New York.

16.     On numerous occasions between on or about March 27, 1997, and continuing thereafter through May 1997, defendants MARK CONGI, ANDREW TOMASCIK, JR., SALVATORE SPATORICO, BRIAN PERRY, PAUL BELLRENG, ALBERT CELESTE and other members of Local 91 prevented employees of Company 2 from entering and leaving the job site, launched projectiles, threatened to commit arson upon the employees of Company 2, threatened to rape juvenile and adult female members of their families, and attempted to destroy their property. 

17.     On or about April 21, 1997, defendant PAUL BELLRENG exited the automobile of defendant ALBERT CELESTE, told an employee of Company 2 that “I’m going to take your head off tonight”, and later that same evening, two explosive devices were detonated inside the residence of the Company 2 employees, causing permanent injury to one of the employees. 

18.     On or about April 22, 1997, a member of Local 91 asked an employee of Company 2 how it was sleeping in the fire. 

19.     In or about August 1997, defendant MARK CONGI told a man working at the Rainbow Bridge construction project “we’re going to get you.”

20.     On at least two occasions between 1997 and 1998, defendant MARK CONGI gave Local 91 members welded metal stars to be thrown at persons and vehicles targeted by Local 91. 

21.     Sometime in or about 1998, defendant MARK CONGI told a Local 91 member that Local 91 needed “a strong arm” and somebody to direct violence, and defendant CONGI was going to be that person. 

22.     On at least one occasion between March and April 1998, defendant MARK CONGI provided raw eggs to members of Local 91 to be thrown at the Clarion Hotel and its guests. 

23.     On or about April 11, 1998, defendant MARK CONGI directed a member of Local 91 to give a welded metal star to another member of Local 91 and thereafter, the Local 91 member placed the welded metal star under a vehicle at the Clarion Hotel construction site. 

24.     On or about April 17, 1998, defendant SALVATORE SPATORICO told a truck driver that he would not be leaving the Clarion Hotel, and thereafter, defendants SPATORICO, ANDREW TOMASCIK, JR. and other members of Local 91, attacked the truck driver and caused serious injury to the driver and his vehicle.

25.     On or about April 17, 1998, members of Local 91 attacked two employees of Company 3 as they attempted to leave the site.

26.     In early September, 1998, defendant MARK CONGI told a person “I’ve had it with the bricklayers over the sweeping.  Maybe somebody should stick a broom up their ass.” 

27.     On or about September 16, 1998, defendant ANDREW TOMASCIK, JR., told one person that “there was going to be a problem today,” said to another person, “I’m going to take care of this,” and said to a third person “it’s just starting to get fun.” 

28.     On or about September 16, 1998, defendant MARK CONGI told a member of Local 91 to send defendant ANDREW SHOMERS to Wegman’s food market. 

29.     On or about September 16, 1998, defendants MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, ANDREW SHOMERS, ANDREW TOMASCIK, JR., BRIAN PERRY, PAUL BELLRENG and other members of Local 91, attacked, beat, punched, and kicked four employees of Company 5.

30.     On or about March 31, 1999, defendant ANDREW SHOMERS grabbed a broom from an employee of Company 6, broke it, and stabbed the man with the handle, causing bodily injury.  A few minutes later on that same day, defendant ANDREW SHOMERS attacked the same employee, causing further serious bodily injury.

31.     Approximately one week after the attack by defendant ANDREW SHOMERS upon an employee of Company 6, defendant MICHAEL “BUTCH” QUARCINI threatened an employee of Company 6 that unless an employee of Company 6 dropped his charges against defendant SHOMERS, “fireproofing is slippery and someone could fall.” 

32.     In approximately November or December, 1999, defendant MARK CONGI told a person that unless he used Local 91 members, “we’ll just have to do what we’ve got to do.” 

33.     One evening in approximately late 1999 or early 2000, defendants MARK CONGI, ANDREW SHOMERS and approximately 10 others arrived at a construction project, intimidated the workers, and forced them to abandon the project.

34     On or about November 24, 1999, defendant MARK CONGI directed defendants SALVATORE BERTINO, ANDREW SHOMERS, and several other members of Local 91 to meet at Gagster’s Bar in Niagara Falls, New York, and thereafter, defendants CONGI, BERTINO, SHOMERS and the other members of Local 91 attacked a man and his wife and damaged their vehicle. 

35     On or about November 24, 1999, defendant MARK CONGI told members of Local 91 “we’re going to wait for these guys outside and kick the shit out of them.” 

36     On the Monday following the attack upon a man and his wife at Gagster’s Bar, defendant MARK CONGI told two members of Local 91 not to speak to the Federal Bureau of Investigation if that law enforcement agency investigated the attack. 

37     Sometime after November 24, 1999, defendant MARK CONGI told a member of Local 91 that he uses defendants ANDREW SHOMERS and SALVATORE BERTINO to do his dirty work. 

38     Sometime in or about December 1999, defendant MARK CONGI told a member of Local 91 that defendants CONGI and ANDREW SHOMERS were outside the Denny’s Restaurant in Niagara Falls, New York, waiting for one of the Denny’s employees to get off work so they could inflict physical injury upon the employee.

39     On or about December 16, 1999, defendant MARK CONGI told a person that if he fired defendant ANDREW SHOMERS from a construction project in Niagara Falls, New York, “it’s going to get ugly.”  On that same day, defendant ANDREW SHOMERS told the same person “we know where you live, you better watch your back.” 

40     On or about February 9, 2000, following the firing of defendant ANDREW SHOMERS from a construction project in Niagara Falls, New York, a large explosion occurred at this same construction project severely damaging property. 

41     In or about May 2000, defendants ANDREW SHOMERS, SALVATORE BERTINO, and other members of Local 91, threatened and attempted to attack an employee of Company 7. 

42     In or about May 2000, defendant SALVATORE BERTINO directed a member of Local 91 to follow and learn the home address of an employee of Company 7. 

43     In or about May 2000, defendant ANDREW SHOMERS challenged an employee of Company 7 to a fight because the employee had swept a portion of a floor. 

44     In or about May 2000, defendants SALVATORE BERTINO, ANDREW SHOMERS, and approximately 15 other members of Local 91, told an employee of Company 7 that they were “looking” for him.

45     On or about June 5, 2000, defendant SALVATORE BERTINO punctured the tires belonging to the vehicle of an employee of Company 7. 

46     In or about September or October, 2000, defendant ANDREW SHOMERS told a member of Local 91 that defendants SHOMERS and MARK CONGI had followed the man in an effort to determine if he was cooperating with the Federal Bureau of Investigation. 

47     On or about May 21, 2001, defendant ANDREW SHOMERS prevented four employees of Company 8 from working at a construction project, and told the employees of Company 8 that he could have “10 or 100" Local 91 members make sure the employees did not work. 

48     On or about May 22, 2001, defendant MARK CONGI told an employee of Company 8 that defendant ANDREW SHOMERS was “only doing what he was told.” 

49     On or about July or August, 2001, defendant MARK CONGI told an employee of Company 10 that if he wanted a problem, “we can settle it quickly, I can have 20 guys here in a few minutes.”  On that same day, defendant CONGI told another employee of Company 10, “we have a way to get even.”

50     During the summer of 2001, defendant SALVATORE BERTINO told Local 91 members to slow down their work in order to intimidate Company 9. 

51     On or about July 18, 2001, defendant SALVATORE BERTINO, in the presence of defendant MARK CONGI, told the owner of Company 9, “I’m not from this country.  We know how to take care of people like you.” 

52     On or about August 7, 2001, defendant SALVATORE BERTINO told an employee of Company 9, “you m - f -, you f - m - f -, the fun doesn’t begin until the feds [federal investigators] leave.” 

All of the above in violation of Title 18, United States Code, Section 1962(d). 

COUNT 2

DESTRUCTION OF A MOTOR VEHICLE

The Grand Jury further Charges:

On or about April 17, 1998, in the Western District of New York, the defendants, SALVATORE SPATORICO, JAMES McKEOWN, and MARK LOSTRACCO, together and with others, known and unknown, willfully and with intent to endanger the safety of a person on board, and with a reckless disregard for the safety of human life, did damage, disable, destroy, and tamper with a motor vehicle which was used, operated and employed in interstate commerce, and its cargo and material used and intended to be used in connection with its operation, and with like intent, did willfully disable and incapacitate the driver whose identity is known to the Grand Jury and employed in connection with the operation and maintenance of the motor vehicle, and did lessen the ability of said driver to perform his duties as such, and did willfully attempt to do the aforesaid acts. 

All in violation of Title 18, United States Code, Sections 33(a) and 2. 

COUNT 3

HOBBS ACT EXTORTION

The Grand Jury further Charges:

Commencing on or about July, 1998, through and including September 16, 1998, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, ANDREW TOMASCIK, JR., ANDREW SHOMERS, PAUL BELLRENG, BRIAN PERRY, ANTHONY CERRONE, and STEVE MARKLE, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 5, its owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project located at the Wegman’s food market in Niagara Falls, New York, with the consent of Company 5, its owners, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 5, its property, and employees. 

All in violation of Title 18, United States Code, Sections 1951(a) and 2.

COUNT 4

HOBBS ACT EXTORTION

The Grand Jury further Charges:

Commencing in or about March, 1999, through and including the Summer, 2000, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MICHAEL “BUTCH” QUARCINI, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, and ANDREW SHOMERS, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 6, its owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project located at Niagara Falls High School in Niagara Falls, New York, with the consent of Company 6, its owners, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 6, its property, and employees. 

All in violation of Title 18, United States Code, Sections 1951(a) and 2. 

COUNT 5

HOBBS ACT EXTORTION

The Grand Jury further Charges:

Commencing in or about 1999, through and including the Summer, 2000, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, SALVATORE BERTINO and ANDREW SHOMERS, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 7, its owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project located at Niagara Falls High School in Niagara Falls, New York, with the consent of Company 7, its owners, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 7, its property, and employees. 

All in violation of Title 18, United States Code, Sections 1951(a) and 2. 

COUNT 6

HOBBS ACT EXTORTION

The Grand Jury further Charges:

From sometime prior to May 21, 2001, through and including May 22, 2001, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI and ANDREW SHOMERS, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from a Company identified herein as Company 8, its owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of its choice, at a construction project located at Niagara Falls Air Base in Niagara Falls, New York, with the consent of Company 8, its owner, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 8, its property, and employees.

All in violation of Title 18, United States Code, Sections 1951(a) and 2. 

COUNT 7

HOBBS ACT EXTORTION

The Grand Jury further Charges:

Commencing in or about July, 2001, through and including August, 2001, the exact dates being to the Grand Jury unknown, in the Western District of New York and elsewhere, the defendants, MARK CONGI and SALVATORE BERTINO, together and with others, known and unknown, did unlawfully obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion, and attempt so to do, that is, obtain and attempt to obtain property from Companies identified herein as Company 9 and Company 10, their owners, operators, and agents, such property consisting of the right to pursue a lawful business including income, profits, sales, and contracts, the right to make business decisions free from outside pressure, and the right to hire, direct, supervise and retain a workforce of their choice, at a construction project located at Lewiston Porter Middle School in Lewiston, New York, with the consent of Company 9 and Company 10, their owners, operators, and agents induced by the wrongful use of actual and threatened force, violence and fear, including fear of economic harm resulting from actual and threatened physical violence to Company 9 and Company 10, their property, and employees.

All in violation of Title 18, United States Code, Sections 1951(a) and 2. 

RICO FORFEITURE

The Grand Jury further Charges: 

1.     The allegations contained in Count 1 of this Indictment are hereby re-alleged and incorporated by reference for the purpose of alleging forfeitures pursuant to the provisions of Title 18, United States Code, Section 1963.

2.     From their convictions on Count 1 of this Indictment, the defendants, MARK CONGI, DOMINICK DELLACCIO, SALVATORE BERTINO, MICHAEL “BUTCH” QUARCINI, ALBERT CELESTE, ANDREW SHOMERS, SALVATORE SPATORICO, ANDREW TOMASCIK, JR., PAUL BELLRENG, and BRIAN PERRY, shall forfeit to the United States the following: 

a.     any interests the person has acquired or maintained in violation of Title 18, United States Code, Section 1962; 

b.     any interests in, security of, claims against, or property or contractual rights of any kind affording a source of influence over, any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of Title 18, United States Code, Section 1962; and 

c.     any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity, in violation of Title 18, United States Code, Section 1962. 

The property rights and interests sought to be forfeited to the United States, includes, but is not limited to the following, any and all job related benefits, specifically including the following property:

a.     respective rights, titles, interest, memberships, and/or union offices or positions in the Laborers International Union of North America, Local 91, A.F. of L.—C.I.O. 

All pursuant to Title 18, United States Code, Sections 1963 (a)(1), (2) and (3).

 

DATED:  Buffalo, New York, May     , 2002. 

 

                             

MICHAEL A. BATTLE

United States Attorney 

 

A TRUE BILL:

                                 

FOREPERSON  

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