National Legal and Policy Center
Organized Labor Accountability Project
www.nlpc.org

 The Failure of the LIUNA “Internal Reform Effort”

1. INTRODUCTION
1.1 Draft Racketeer Influenced and Criminal Organization Civil Complaint
On November 4, 1994 the U.S. Department of Justice (DOJ) delivered a 212-page draft Racketeer Influenced and Criminal Organization (RICO) civil complaint, under 18 U.S.C. § 1961-68, to the Laborers’ International Union of North America (LIUNA). The complaint was to be filed in U.S. District Court for the Northern District of Illinois in order “to rid the union of domination and influence by members and associates of organized crime. LIUNA has been infiltrated at all levels by corrupt individuals and organized crime figures who have exploited their control and influence over the union for personal gain and to the detriment of the union.” The draft RICO complaint further stated:
 
“LIUNA union officers and employees at all levels, including the general presidency, have been chosen, subject to the approval of, and have been controlled by, various members and associates of organized crime. Four consecutive General Presidents of LIUNA, Joseph V. Moreschi (1926-1968), Peter Fosco (1968-1975), Angelo Fosco (1975-1993) and Arthur Armand Coia (1993-present), have associated with, and been controlled and influenced by, organized crime figures. Consequently, the rights of the members of the union to control the affairs of the union have been systematically abused. Those union members who opposed this corrupt state of affairs, either at the local, district council, regional or international levels, have been intimidated into silence by violence, threats or violence, economic coercion, and by the known ties of corrupt local, district, regional, and international officials of the union with organized crime.”
The draft RICO complaint named 39 codefendants, including General President Arthur A. Coia, and 14 co-conspirators. There were 4 counts under 18 U.S.C. § 1962(b)-(c). It identified 20 La Cosa Nostra (LCN) families, 110 racketeering acts and 32 other criminal acts in 17 states: Arkansas, California, Connecticut, Florida, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Missouri, Nevada, New Jersey, New York, Ohio, Pennsylvania, Rhode Island and Wisconsin.

The key to any RICO complaint is defendants face treble damages if the plaintiff proves the defendant engaged in a “pattern of racketeering activity.” Since RICO is a civil action the burden of proof is just the “preponderance of the evidence,” not the criminal standard of “beyond a reasonable doubt,” thus making it far easier for the plaintiff to prevail.
 


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Organized Labor Accountability Project