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LABORERS' INTERNATIONAL UNION OF |
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Complaint | |
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LOUIS ANTHONY MANNA, also known as |
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THE GENERAL EXECUTIVE BOARD OF |
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General President,
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Secretary-Treasurer, |
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First
Vice-President, |
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Second Vice-President,
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Third
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Fourth Vice-President,
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Fifth Vice-President,
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Sixth Vice-President,
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Seventh
Vice-President |
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Eighth Vice-President,
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Ninth Vice-President,
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Tenth Vice-President,
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General Counsel
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DRAFT
The United States of America, plaintiff herein, by and through, James B.
Burns, United States Attorney for the Northern District of Illinois, for its
complaint herein, alleges as follows:
1 This action is brought against the Laborers' International Union of North
America, AFL-CIO (hereafter alternatively, "LIUNA," or "the union,") and others
to rid the union of domination and influence by members and associates of
organized crime. LIUNA has been infiltrated at all levels by corrupt individuals
and organized crime figures who have exploited their control and influence over
the union for personal gain and to the detriment of the union.
2. LIUNA union officers and employees at all levels, including the general
presidency, have been chosen, subject to the approval of, and have been
controlled by, various members and associates of organized crime. Four
consecutive General Presidents of LIUNA, Joseph V. Moreschi
(1926-1968), Peter Fosco (1968-1975), Angelo Fosco
(1975-1993) and ARTHUR ARMAND COIA (1993-present), have
associated with, and been controlled and influenced by, organized crime figures.
Consequently, the rights of the members of the union to control the affairs of
the union have been systematically abused. Those union members who opposed this
corrupt state of affairs, either at the local, district council, regional
or
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international levels, have been intimidated into silence by violence, threats
or violence, economic coercion, and by the known ties of corrupt local, district
, regional, and international officials of the union with organized
crime.
3. The United States brings this suit for injunctive relief pursuant to the
Racketeer Influenced and Corrupt Organizations statute (hereafter "RICO"), Title
18, United States Code, Sections 1961 through 1968, to put an end to this
systemic, long-standing, and ongoing corruption of the union and to restore
control of its affairs to the members of the union.
4. Jurisdiction in this action is predicated upon Title 18, United Stares
Code, Section 1964(b) and Title 28, United States Code, Sections 1331, 1345, and
2201.
5. Venue for this action is predicated upon Title 18, United States Code,
Section 1965 and Title 28, United States Code, Section 1391(b)).
6. The United States invokes the expanded service of process provisions of
Title 18, United States Code, Section 1965(b).
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7. Introduction: La Cosa Nostra (hereafter referred to
alternatively as the LCN," the mafia," or "the mob"), which name is based on a
phrase which translates into English from the Italian language as "this thing of
ours" or our thing," is a nationwide criminal organization which operates in
various cities throughout the United States. The LCN is composed of groups of
men of Italian descent who are organized into units which are referred to as a
"family", or, in the Italian language, "il borgata." A person becomes a member
of an LCN family through a ceremony which is conducted in a manner designed to
keep it, and the existence of the family, secret from persons who are not
members of the LCN. Each family of La Cosa Nostra is headed by a "boss" who is
assisted by an "underboss" and a "consigliere", or counselor. The family
conducts its criminal activities through entities known as "crews " headed and
supervised by a person referred to variously as a" street boss," a "crew boss",
a "caporegima", a "capodecima, a " capo " or some other such name. (Such persons
are hereafter referred to collectively as soldiers " or individually as a
"capo"). Each crew consists of formally inducted members of the family who are
commonly referred to as "soldiers" or "made members " and persons who are not
members, but who knowingly participate and cooperate in the activities of the
family, who are referred to as "associates." Persons who have been formally
inducted into
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membership in an LCN family are often referred to as having been "made",
"straightened out, " or as being a " made member. "
8. Judicial Authority for the Existence of the
LCN: The
existence of the LCN has been proved in a number of cases including, among
others: United States v. Salerno, et. al., No.SSS85 Cr. 139
(RO), in the United States District Court for the Southern District of New York,
affirmed in 868 F. 2d 524, 534-:38 (2d Cir.), cert. denied, 493
U.S. 811 (1989) (hereafter "Salerno I" or " the Commission cases");
United States v. Salerno. et al., No. 86 Cr. 245 in the United
States District Court for the Southern District of New York (hereafter Salerno
II" or the "Genovese family case " ); United States v. Infelise. et.
al. , No. 90 Cr. 87 , in the United States District Court for the
Northern District of Illinois, (appeal pending); United States v.
Angiulo,. et al., No.Cr. 83-235 , in the United States District Court
for the District of Massachusetts, affirmed in United States v.
Angiulo, 897 F.2d 1169 (1st Cir.) , cert. denied, 498 U.S. 845
(1990); United States v. Scarfo. et al., No. 88-00003-1-19 , in
the United States District Court: for the Eastern District of Pennsylvania,
affirmed in United States w. Pungitore, 9l0 F. 2d 1084,
1143-l149 (3d Cir. 1990) , cert. denied, 500 U.S.915
(1991).
9. The LCN Commission : The affairs of the LCN are
governed by a "commission" (hereafter "the Commission") which is composed of the
bosses of the most significant families. The bosses of four of the five families
in the New York City area - the Colombo, Gambino, Genovese, and Luchese families
- have been members of the
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Commission since its creation. At various times bosses, or representatives,
from the LCN families in Chicago, Illinois, Philadelphia, Pennsylvania,
Cleveland, Ohio; Buffalo, New York; and Detroit, Michigan, have been members of
the Commission. The Commission serves as the national ruling council of the LCN
families. Among other matters, the Commission has regulated, facilitated and
controlled relationships and settled disputes between and among the LCN
families. The Commission also has approved the admission of new members to the
various LCN families and the selection of the bosses of the families. To
frustrate enforcement scrutiny, the Commission meets
infrequently.
10. LCN Families : Each family of La Cosa Nostra is
identified by the name of its boss, the name of a former boss, or by the city in
which it is located. The families of the LCN include, among others, the
following:
a. The BONNANO family which is headquartered in New York City and operates in
various other locations in the United States. The Bonnano family is the one New
York City LCN family whose boss is not a member of the
Commission;
b. The BUFALINO family which is headquartered in the area of Pittston,
Pennsylvania and operates in Northeastern Pennsylvania and New York
State;
c. The BUFFALO family which is headquartered in the area of Buffalo, New York
and operates there and in various other locations;
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d. The CHICAGO family which is headquartered and operates in the area of
Chicago, Illinois, in the Eastern Division of the Northern District of Illinois,
in other areas of Illinois, and in various locations in Florida and the western
part of the Unites States. The Chicago family is commonly referred to as "the
outfit." The boss of the Chicago family is a member of the Commission. Often the
views of the Chicago family are presented to the Commission by the Genovese
family, which is identified in subparagraph j. below;
e. The CLEVELAND family which is headquartered in Cleveland, Ohio and
operates there. The Cleveland family is represented on the Commission by the
Genovese family, which is identified in subparagraph j. below;
f. The COLOMBO family which is headquartered in New York City and operates
there and in various other locations. The boss of the Colombo family is a member
of the Commission;
g. The DECAVALCANTE family which is headquartered in northern New Jersey and
operates there and in various other locations. The boss of the DeCavalcante
family answers to the boss of the Genovese family;
h. The DETROIT family which is headquartered in Detroit Michigan and operates
there and in various other locations. The Detroit family is represented on the
Commission by the Genovese family;
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i. The GAMBINO family which is headquartered in New York and in various other
locations. The boss of the Gambino family is a member of the
Commission;
j. The GENOVESE family which is headquartered in New York City and operates
there and in various other locations. The boss of the Genovese family is a
member of the Commission;
k. The KANSAS CITY family which is headquartered in Kansas City, Missouri and
operates there and in various other locations. The Kansas City family is
represented on the Commission by the Chicago family;
1. The LOS ANGELES family which is headquartered and operates in Los Angeles
California. The Los Angeles family is represented on the Commission by the
Chicago Family;
m. The LUCHESE family which is headquartered and operates in New York City
and various other locations. The boss of the Luchese Family is a member of the
Commission;
n. The MILWAUKEE family which is headquartered and operates in Milwaukee,
Wisconsin. The Milwaukee family is represented on the Commission by the Chicago
Family;
o. The NEW ENGLAND or PATRIARCA family which is headquartered in the areas of
both Boston, Massachusetts and Providence, Rhode Island and operates there and
in various other locations. The New England family is represented on the
Commission by the Genovese family;
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p. The NEW ORLEANS family which is headquartered and operates in New Orleans,
Louisiana. The New Orleans family has close relationships with both the Chicago
and Genovese families;
q. The PHILADELPHIA or BRUNO/SCARFO family which is headquartered in
Philadelphia, Pennsylvania and Atlantic City, New Jersey. The Philadelphia
family is represented on the Commission by the Genovese family and is sometimes
referred to by the last names of former bosses, Angelo Bruno and Nicodemo
Scarfo;
r. The PITTSBURGH family which is headquartered and operates in Pittsburgh,
Pennsylvania. The Pittsburgh family is represented on the Commission by the
Genovese family;
s. The ST. LOUIS family which is headquartered and operates in area of St.
Louis, Missouri. The ST. Louis family operates under the supervision of the
Chicago family; and
t. The TRAFFICANTE family which is headquartered and operates in the area of
Tampa, Florida. The Trafficante family is represented on the Commission by the
Chicago family.
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
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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
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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
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as a defendant: herein for the purpose of properly effectuating the relief requested in th