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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)
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 Web published by Laborers for JUSTICE as a service to the public and members of the Laborers Union.
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