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U.S. v. LOCAL 1804-1

January 30, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LOCAL 1804-1, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: John S. Martin Jr., United States District Judge

ORDER

WHEREAS, on January 3, 1992, the Court approved a Consent Decree concerning Local 1588 of the International Longshoremen's Association ("ILA") which, among other things, permanently enjoined all present and future officers, agents, representatives, employees, and members of Local 1588 from: engaging in any act that constitutes or furthers an act of racketeering activity; knowingly associating with members and associates of organized crime; and obstructing or interfering with the relief ordered pursuant to the Decree; and

WHEREAS, on December 6, 2002, plaintiff United States of America (the "Government"), alleging violations of the Decree, moved the Court pursuant to Rule 60(b) of the Federal Rules of Civil Procedure and the Court's inherent authority for an order appointing an administrator to govern the affairs of Local 1588; and

WHEREAS, on December 23, 2002, the Court gave notice to the parties that on January 16, 2003, the Court would hold a hearing on the issue of whether Local 1588 was in contempt of the Consent Decree and whether, as a remedy for contempt, the Court should grant the Government's motion for the appointment of an administrator; and WHEREAS, on January 16, 2003, the Court conducted a hearing at which the following witnesses testified: Special Agent Dennis Bolles of the Federal Bureau of Investigation, former Local 1588 President John Angelone, former Local 1588 President John Timpanaro, ILA Vice President John Baker, and Local 1588 attorney Ralph Lamparello; and at which Nicholas J. Furina and Ralph Esposito, per stipulation and order, declined to answer any questions on the basis of their privilege against self-incrimination under the Fifth Amendment to the United States Constitution; and

WHEREAS, the Court finds that the permanent injunctions of the Consent Decree are clear and unambiguous; and

WHEREAS, the Court finds that Local 1588, through its officers, blatantly and repeatedly violated the permanent injunctions of the Consent Decree; and

WHEREAS, the Court finds, based upon their criminal convictions, that Local 1588 Executive Board members John Angelone and Eugene G'Sell engaged in acts of racketeering after entry of the Consent Decree; and

WHEREAS, the Court finds that Joseph Lore and Nicholas Furina are associates of the Genovese Family of La Cosa Nostra; and

WHEREAS, the Court finds that, after entry of the Consent Decree, Local 1588 members John Angelone and Eugene G'Sell engaged in prohibited associations with Lore while Angelone and G'Sell were serving as members of the Executive Board of Local 1588; and

WHEREAS, the Court finds that, beginning prior to entry of the Consent Decree and continuing for years after entry of the Decree, the Genovese Crime Family, through Lore, dominated and controlled Local 1588, through its Executive Board; and

WHEREAS, the Court finds that Local 1588 member John Timpanaro engaged in prohibited associations with Furina before and after Timpanaro assumed office as President of the Local; and WHEREAS, the Court finds that Local 1588 has not been reasonably diligent in attempting to comply with the Consent Decree and knowingly tolerated violations of the Decree; and

WHEREAS, the Court finds that the Government has proven, by clear and convincing evidence, that Local 1588 is in civil contempt of the Consent Decree; and

WHEREAS, the Court finds that, based on the evidence presented at the hearing, the efforts taken to date by Local 1588 and by its parent organization, the ILA, to achieve the stated goals of the Consent Decree, including the ILA's December 2002 imposition of a trusteeship, are not likely to be effective in ensuring compliance with the Decree and in ridding Local 1588 of the influence of organized crime; and

WHEREAS, the Court finds that the appointment of an Administrator with the authority set forth in this order is necessary to achieve compliance with the Consent Decree and to ...


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