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January 11, 1996


David N. Edelstein, U.S.D.J.

The opinion of the court was delivered by: EDELSTEIN

EDELSTEIN, District Judge:

 This opinion emanates from the voluntary settlement of an action commenced by plaintiff United States of America against, inter alia, defendants International Brotherhood of Teamsters ("IBT") and the IBT's General Executive Board embodied in the voluntary consent order entered March 14, 1989 ("Consent Decree"). Pursuant to the Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters ("IRB Rules"), P 0, the Independent Review Board ("IRB") has made an application to this Court seeking approval of its decision in this matter.

 Application XXVII presents for this Court's review the decision of the IRB regarding disciplinary charges brought against Costabile Lauro ("Lauro"), a former member of IBT Local 807, located in Long Island City, New York. These charges are contained in an investigative report issued by the IRB on June 9, 1995. *fn1" In this report, the IRB charged Lauro as follows:

While an IBT member, you brought reproach upon the IBT and violated your membership oath in violation of Article II, Section 2(a) and Article XIX, Section 7(b)(1), (2) and (9) [of the IBT Constitution] to wit:
While a member of IBT Local 807, you knowingly associated with members of organized crime including, but not limited to, Alphonse "Ally Shades" Malangone and Alan Longo.

 Independent Review Board, Investigative Report In re: Costabile Lauro ("Investigative Report") at 17 (June 9, 1995). The IRB forwarded its report, which included the charge against Lauro, to the IBT on June 9, 1995.

 By letter dated June 15, 1995, the IBT referred the charge regarding Lauro back to the IRB for adjudication. On August 1, 1995, the IRB held a hearing in New York City on the above-quoted charge ("the hearing"). Following the hearing, both Lauro and Chief Investigator Charles M. Carberry submitted memoranda.

 The hearing focused on the issue of whether Lauro had associated with Alphonse Malangone ("Malangone") and Alan Longo ("Longo"). At the hearing, the IRB heard testimony from Special Agent Brian Taylor ("Taylor") of the Federal Bureau of Investigation ("FBI"). Opinion and Decision of the Independent Review Board, In re: Constabile [sic] Lauro at 2 (November 14, 1995) ("IRB Opinion and Decision"). Taylor testifies that Malangone was a Capo with the Genovese LCN Family "and that Malangone worked for Capo Tommy Cotaldo until Cotaldo's death in 1989 after which he took over the crew." IRB Opinion and Decision at 2 (citations omitted). Taylor also testified that Malangone managed Pastel's Disco during a time when Lauro worked at the disco as a bouncer. Id (citations omitted). The IRB found Taylor's testimony to be credible. Id.

 The IRB also received into evidence an April 1988 report by the United State Senate Permanent Subcommittee on Investigations, which identifies Malangone as a member of the Genovese LCN Family. Investigative Report, Ex. 9. In addition, the IRB reviewed the declaration of Gambino LCN Underboss Slavatore Gravano. Gravano's declaration states that the Jacob Javits Center--where Lauro worked as a member of Local 807--is one of the rackets controlled by Malangone. See Investigative Report, Ex. 7 at PP 27-28.

 Taylor also testified that Longo is "considered by the Federal Bureau of Investigations to be a soldier or a made member of the Genovese family and a close associate of Mr. Malangone." (Transcript of Hearing In re: Costabile Lauro ("Tr.") at 19 (August 1, 1995).) The IRB also reviewed Taylor's sworn declaration, which asserts that "the FBI considers Alan Longo. . . to be a soldier in the Genovese LCN Family." Investigative Report, Ex. 7, P 37. Moreover, Taylor's declaration asserts that Longo serves as Malangone's driver. Id.

 Lauro testified at the IRB hearing, and the IRB also examined transcripts of testimony that Lauro gave at IRB hearings on July 20, 1994, and April 27, 1994. During these hearings, Lauro testified regarding his contacts with Malangone. Lauro testified that: (1) Lauro worked as a bouncer at Pastel's Disco; (2) Malangone and Lauro had been close friends for forty years; (3) Malangone was the godfather of Lauro's son; (4) Lauro attended the baptisms of Malangone's grandchildren; (5) Lauro and Malangone had gotten hair cuts together for twenty years; and (6) Lauro and Malangone were once arrested together for illegal gambling. IRB Opinion and Decision at 3 (citations omitted). Lauro also testified that he had continued to associate with Malangone during the time that Lauro worked for IBT Local 807. Id at 3 (citations omitted).

 Although Lauro did not testify about his relationship with Longo during the hearing concerning the instant application, Lauro did testify regarding his relationship with Longo at the IRB hearings held on July 20, 1994, and April 27, 1994. Lauro admitted meeting with Longo on several occasions "since working at the Javits Center, including drinks at Pastel's [Disco] and a coffee shop at Fifth Avenue and Seventeenth Street in Brooklyn." Opinion and Decision at 5 (citations omitted). Lauro also testified that seven or eight years prior to his April 27, 1994, testimony, he had heard that Longo had ties with organized crime. Id (citations omitted).

 At the conclusion of the hearing, the IRB imposed a post-hearing schedule on the hearing participants, requiring the Chief Investigator to submit a post-hearing memorandum by September 8, 1995, requiring Lauro to submit a response within fifteen days of the date of the submission of the Chief Investigator's memorandum, and requiring the Chief ...

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