The opinion of the court was delivered by: BRODERICK
VINCENT L. BRODERICK, UNITED STATES DISTRICT JUDGE
Plaintiff United States of America (the "Government") has brought this action under 18 U.S.C. § 1964, the civil remedies provision of the Racketeer Influenced and Corrupt Organizations ("RICO") Act.
It moves for preliminary injunctive relief pursuant to Rule 65 of the Federal Rules of Civil Procedure against the following defendants: (1) Local 6A, Cement and Concrete Workers Union ("Local 6A"), (2) Executive Board of Local 6A and various members and officers joined individually, (3) District Council of Cement and Concrete Workers ("District Council"),
(4) Executive Board of the District Council and various members and officers joined individually, ("Local 6A" and "District Council", their executive boards and individual members and auditors thereof hereinafter the "union defendants"), (5) the Columbo Organized Crime Family of La Cosa Nostra ("Columbo Family"), and the following alleged members of the Columbo Family: Carmine Persico, Gennaro Langella, Dominic Montemarano and Ralph Scopo.
The preliminary injunctive relief sought by the Government includes, inter alia, barring Columbo Family members from participating in union affairs or in the construction industry; barring union defendants from acting on behalf of Local 6A or the District Council; and the appointment,pendente lite, of one or more trustees to conduct the business of Local 6A and the District Council during the pendency of this action.
The Government has filed this civil suit pursuant to the RICO statute following the jury verdict of "guilty" on June 13, 1986 with respect to defendants Persico and Langella (and seven other individuals not defendants in this action) after an eight month jury trial in the Southern District of New York before U.S. District Judge John F. Keenan.United States v. Carmine Persico, et al., 84 CR 809 (JFK).
In support of the relief it seeks, the Government relies on the evidence adduced at the criminal trial to establish the existence of the Columbo Family and the corruption of Local 6A and the District Council by the Columbo Family.
The Government moved by order to show cause for this preliminary relief on June 19, 1986. Oral argument was held on June 27, 1986. At that time, counsel for defendant Scopo advised the court that he would not contest the preliminary relief sought by the Government.
Counsel for defendant Persico, in denying the allegations in the complaint, argued at the hearing that there has been no conviction of his client, since motions are pending with respect to the verdict, sentencing has not occurred and appeals will follow. Nonetheless, defendant Persico has essentially acceded to the Government's application, taking "no position with regard to the relief requested by the government . . .".
The union defendants, however, vigorously contest the Government's application for preliminary injunctive relief. They argue,inter alia, that the application is months, even years stale as the Government's case depends largely on evidence fully developed by 1984, that basic facts are disputed and therefore an evidentiary hearing must be held, and that in any event the balance of equities tips decidedly in favor of the union defendants. After the June 27 argument, I granted the parties time to submit additional materials.
The Government's application for preliminary relief is granted as to those individual defendants who were charged inUnited States v. Persico, et al.
Messrs. Persico and Langella were found guilty of conspiracy to participate and of participation in a pattern of racketeering activity in violation of 18 U.S.C. § 1962. Neither of them is in a position, in light of the estoppel provisions of 18 U.S.C. § 1964(d), to deny the Government's charges.
Defendants Scopo and Montemarano were also indicted in thePersico case, but they were severed and have not yet gone to trial. Montemarano has filed no opposition to the Government's application as it applies to him. He has, in this action, executed a stipulation that if called to testify he would decline on the basis of his constitutional privilege against self-incrimination. Scopo has consented to an order of preliminary relief herein, which has been entered as against him.
I find that on the showing the Government has made in its moving papers it will probably succeed on the merits as to these defendants, and that probable irreparable harm will be suffered by the public, by union members and by those engaged ...