Last Friday, Mark Congi, the former Laborers Local 91 president, reported to jail to await a scheduled September trial on federal felony charges of racketeering, conspiracy and extortion, following Judge Richard Arcara's ruling that he had violated the terms of his pre-trial release.
A week earlier, Congi's predecessor as the president of the local, Dominick Dellaccio, reached a plea agreement that will likely send him to prison for at least four years.
And on the same day Congi was ordered to jail, his successor was named as an unindicted co-conspirator in the massive RICO case against Congi and three other defendants in court documents submitted by the federal prosecutors.
Robert Malvestuto Jr., elected Local 91 president in July 2004, was named in the government's supplemental bill of particulars, a document revealing names of union members who allegedly took part in various acts of extortion, harassment or conspiracy and who had been referred to as "other members of Local 91 known or unknown" in the indictment and other court papers.
Rico Liberale, who was voted into the secretary-treasurer's position, was also named as an unindicted co-conspirator. In addition to their elected positions, Malvestuto and Liberale were appointed as business agents by Local 91 business manager Robert Connolly, who headed the ticket on which all three swept into office following two years of oversight by the Laborers International Union of North America.
LIUNA had removed Congi from office, along with then-business manager Michael "Butch" Quarcini and vice president Salvatore Bertino, after they were indicted along with 10 other Local 91 members in May 2002.
Quarcini died in 2003, while Bertino pleaded guilty and agreed to cooperate with federal prosecutors in June.
In the court papers, the prosecution alleges that the tires of Liberale's vehicle, along with those owned by Connolly and Randy Tagliarini, were punctured on Congi's orders to send the three a message after they were appointed as acting business agents by LIUNA trustees.
In all, the bill of particulars named 31 unindicted co-conspirators, including former Local 91 secretary Cheryl Cicero. Several were also indicted in May 2002 or subsequently.
Assistant U.S. Attorney William J. Hochul Jr. declined comment on whether more arrests will be forthcoming. After a June hearing at which former Local 91 steward Andrew Shomers pleaded guilty and agreed to cooperate in return for a sentence recommendation of 41 to 53 months, Hochul said prosecutors would "pursue any leads to the full extent of the law."
The following paragraphs appear verbatim in the government's bill of particulars, a public record which spells out the alleged crimes prosecutors will attempt to prove during the trial of Congi, Joel Cicero, Paul Bellreng and Albert Celeste, which is scheduled to begin Sept. 7.
COUNT ONE
By this bill of particulars, the government hereby states that the unindicted co-conspirators referred to in Count One are as follows: Robert Aleks, John Bianco, Richard Burley, Randall Butler, Edward Carlo, Anthony Cerrone, Cheryl Cicero, Joel Cicero, Mark Cocco, Angelo Congi, Donald Connor, Paolo Fagiani, Louis Fazzolari, Joseph Gambino, Donald Hubbard, John Justyk, Dwayne Korpolinski, Rico Liberale, Joseph Lostracco, Mark Lostracco, Robert Malvestuto Jr., Ronald Mantell, Steven Markle, James McKeown, Pat McKeown, Lawrence Quarcini, Gary Sims, Daniel Siriani, Michael Tierney, David Wilson and Butch Wynn.
Racketeering Acts One and Two
Racketeering Acts One and Two encompass various conduct and acts that occurred between approximately October, 1995, and May 13, 1996 relating to the Target construction project. While the government does not have more specific information regarding the dates and times of those acts, it provides the following approximate dates:
Racketeering Acts Five and Six
Racketeering Acts Five and Six encompass various acts that occurred between approximately February, 1997, through and including July 10, 1997 at the Drinking Water Treatment Plant (in Niagara Falls). While the government does not have more specific information regarding all of the dates and times of those acts, it does have the following approximate dates:
Racketeering Acts Seven and Eight
Racketeering Acts Seven and Eight encompass various acts that occurred between approximately March, 1998, through and including September, 1998, at the Clarion and Holiday Inn hotel renovation projects. While the government does not have all the specific information regarding all of the dates and times of those acts, it does have the following approximate dates:
Racketeering Acts Seventeen and Eighteen
In or about the Summer of 2001, Celeste went to the construction site at the Lewiston-Porter Middle School with Congi and tried to intimidate an employee of Scrufari Construction Company.
Racketeering Act Nineteen
Racketeering Act Nineteen encompasses various acts that occurred between approximately September, 2001, and April, 2002. While the government does not have more specific information regarding all of the dates and times of those acts, it does have the following approximate dates:
ADDITIONAL RACKETEERING ACTS AND CONDUCT ENCOMPASSED WITHIN THE CONSPIRACY CHARGED IN COUNT ONE
Vulcan
In or about August, 1997, Local 91 claimed work relating to the unloading of trucks at the Rainbow Bridge construction project, which belonged to the carpenters. In or about August, 1997, during the evening hours, a carpenter employed by Vulcan Shaw Floors (VSF) received a shipment of floor tiles at the Rainbow Bridge construction project and, because there were no workers available to unload the shipment, he loaded the tiles onto a truck and transported them to VSF.
In or about August, 1997, defendant Albert Celeste came to the Rainbow Bridge construction project and asked the VSF carpenter what happened to the shipment of ceramic tiles. After the VSF carpenter told Celeste that he had unloaded the shipment, Celeste stated, in sum and substance, that the VSF carpenter was lucky that he (the VSF) carpenter did not load and transport the floor tiles at 6 p.m. because Celeste had 30 laborers at the Rainbow Bridge construction project.
Also in or about August, 1997, Vulcan employees met with Congi, Dellaccio, Celeste and Local 91 steward Seriani regarding aspects of work on the Rainbow Bridge project.
Congi, flanked closely by Dellaccio and Celeste, attempted to physically intimidate the Vulcan employees into relinquishing Vulcan's work by standing within inches of one of the employees and screaming and yelling obscenities at him. Congi also made a series of threats such as "I (and/or) we are going to get you," which the employee interpreted as statements that the employee would be physically harmed.
When the employee warned that he would call 911, Dellaccio produced his own cell phone and sarcastically said to use his.
Ultimately, Vulcan relinquished the work to Local 91 in order to maintain labor peace.
Delta Sonic Car Wash and Double J Fence
In or about January or February, 1997, Congi asked one of the owners of Double J Fence, which company was installing a fence at a Delta Sonic car wash located at 7920 Niagara Falls Boulevard, Niagara Falls, New York whether Double J Fence was a union company.
When the owner of Double J Fence responded that they were not a union company, defendant Congi stated, in sum and substance, that in Niagara Falls the fence companies are union and that Local 91 would set up a picket at the Delta Sonic work site.
Sometime before, on or about Feb. 8, 1997, Congi directed Bertino to knock down the fence installed by Double J Fence at the Delta Sonic work site and told Bertino that he would send some guys to help.
On or about Feb. 8, 1997, Bertino, Shomers, Pat McKeown and Rico Liberale, acting at the direction of Congi, destroyed the fence that had been installed by Double J Fence at the Delta Sonic work site.
Sometime after, on or about Feb. 8, 1997, the owners of Double J Fence met with Congi, Dellaccio and Quarcini at the Local 91 union hall. The owners of Double J fence were forced to join the union and pay to the union benefits for the owners' wages.
Middleport Elementary School and Rusmar, Inc.
On or about July 3, 1997, Congi, Andrew Shomers, Anthony Cerrone and Robert Malvestuto Jr. went to the Middleport Elementary School in Middleport, New York.
At that time, Rusmar, Inc. (along with other companies) was performing renovation work within the school. Shomers and Malvestuto, acting at the direction of Congi, entered the school and damaged property, including an airless spraying machine, three negative air machines and an emergency generator. Cerrone acted as a lookout while Shomers and Malvestuto entered the school.
Browning-Ferris Industries and Serrot Corporation
In or about September, 1997 (prior to Sept. 28, 1997), Congi and Dellaccio met with a representative of Browning-Ferris Industries (BFI) and demanded that BFI hire Local 91 laborers to work on the installation of a landfill liner at the BFI landfill in the Town of Niagara, New York.
Sometime before, on or about Sept. 28, 1997, Congi directed Robert Malvestuto Jr. to meet with Andrew Shomers, Salvatore Bertino, Anthony Cerrone and Pat McKeown regarding Serrot Corporation, a non-union contractor who was at that time installing the landfill liner at the BFI site.
Sometime before, on or about Sept. 28, 1997, Congi told Bertino, in sum and substance, that there was a problem with non-union workers doing Local 91's work at the BFI landfill site and directed Bertino to speak with Andrew Shomers, Anthony Cerrone and Robert Malvestuto Jr. about what needed to be done.
Sometime before, on or about Sept. 28, 1997, Bertino met with Malvestuto, during which meeting they decided that they would go to the BFI landfill site and cut the landfill liner.
On or about Sept. 28, 1997, a meeting was attended by Bertino, Shomers, Cerrone, Malvestuto and Pat McKeown, during which meeting it was decided that McKeown would drop off Bertino, Shomers, Cerrone and Malvestuto at the BFI landfill site.
On or about Sept. 28, 1997, Shomers, Bertino, Cerrone, Malvestuto and McKeown, all of whom were acting at the direction of Congi, destroyed a landfill liner and damaged a lighting generator at the BFI landfill.
Later that same night, Shomers, Bertino, Cerrone, Malvestuto and McKeown went to a motel in Niagara Falls, New York, where the Serrot Corporation employees who were working at the BFI landfill were staying and punctured the tires on vehicles belonging to those employees (and others).
Niagara Falls Housing Authority and Niagara Construction Company
On or about July 21, 1998, Congi had a telephone conversation with a representative of the Niagara Falls Housing Authority (NFHA), during which Congi complained that NFHA was using non-union labor to replace a sidewalk in front of the NFHA building at 2561 Seneca Ave, Niagara Falls, New York, and threatened to set up a picket line.
Sometime before, on or about July 21, 1998, Congi met with Salvatore Bertino and Andrew Shomers about the job being performed by a non-union contractor at the NFHA work site. During the meeting, Congi stated, in sum and substance, that it did not look good for a non-union contractor to be performing work across the street from the Local 91 union hall. Congi directed Bertino and Shomers to do something about it and to send a message.
On or about July 21, 1998, Andrew Shomers and Salvatore Bertino, acting at the direction of Congi, went to the NFHA work site and damaged property, punctured tires on several vehicles and pieces of construction equipment, and placed a lock on the front gate.
Environmental Quality Management and Environmental Product Services
On or about Sept. 10, 1998, Congi met with a representative of Environmental Quality Management, Inc. (EQM) at 1600 Balmer Rd., Town of Porter, New York. At that time, EQM, a non-union contractor, was serving as the general contractor for an asbestos removal project at the Balmer Road work site. EQM had hired Environmental Products and Services, Inc. (EPS), a non-union contractor, as a subcontractor for the asbestos removal project. During the meeting on Sept. 10, 1998, Congi demanded that EQM and/or EPS hire laborers from Local 91 to work on the asbestos removal project.
Sometime before, on or about Sept. 12, 1998, Congi directed Robert Malvestuto Jr. and Pat McKeown to enter the Balmer Road work site and damage the equipment of EQM and EPS.
On or about Sept. 12, 1998, Robert Malvestuto Jr. and Pat McKeown, acting at the direction of Congi, damaged two Caterpillar telescopic handlers and a Caterpillar integrated tool carrier and destroyed a highway construction trailer and a portable construction office at the Balmer Road work site. Niagara University
On or about Jan. 28, 2002, Celeste claimed all of the work relating to the rigging of trusses from Mader Construction at the Niagara University construction project. Mader relinquished this work because it feared retaliation.
ADDITIONAL INCIDENTS RELATING TO THE CRIMINAL ENTERPRISE
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