Mr. Ronald Carey, IBT General President From

PRIVILEGED & CONFIDENTIAL
To:
Mr. Ronald Carey, IBT General President
From:
Members of the Independent Review Board
Subject:
Proposed Charges Against Local 807 Member
John Charles Zancocchio
Date:
March 23, 1994
I.
RECOMMENDATION
The IRB respectfully recommends to the General President that
he initiate charges against John Zancocchio for being a member of
organized crime and for failing to cooperate with the IRB.
II.
INTRODUCTION
An investigation has been conducted into allegations of the
organized crime ties of John Charles Zancocchio ("Zancocchio"), a
member of IBT Local 807 located in Long Island City, New York.
Zancocchio has been a member of Local 807 since January 1, 1988
when he transferred from Local 814. (Exhibits 1 and 2)1
Based upon investigation, it appears that while an IBT member
Zancocchio violated Article II, Section 2(a) and Article XIX,
Section 7(b)(1) and (2) of the IBT Constitution by being a member
of the Bonanno Family of La Cosa Nostra ("LCN").
1
Local 814 records reflected that Zancocchio was a member of
Local 814 from April 28, 1987 until he transferred into Local 807.
(Exhibits 2 and 14)
1
A.
Summary
On January 1, 1988, John Zancocchio was initiated into Local
807. (Exhibit 1) In April 1990, Zancocchio and his father-in-law,
Anthony Graziano, were charged with federal tax offenses. (Exhibits
3 & 4) On April 12, 1990, Zancocchio pled guilty to the failure to
file a tax return, in the United States District Court, the Eastern
District of New York (CR 90-33 3/334), before USDC Judge Eugene H.
Nickerson. (Exhibit 4)
For purpose of sentencing, the government
contended Zancocchio was a member of organized crime.
Zancocchio
disputed the allegation.
On November 2 and November 23, 1990 a sentencing hearing was
held. (Exhibits 5 and 6)2
At the November 2, 1990 hearing, New
York City Police Department Detective Joseph Rauchet ("RauchetM)
testified that Dominick Farace ("Farace"), a cooperating witness in
the Federal Witness Protection Program, advised that he met with
Anthony Graziano and Zancocchio at a Staten Island bar, the
Crossroads. (Exhibit 5 at 23-24)
According to Rauchet, Farace
stated that Graziano and Zancocchio owned this bar and would
physically search individuals who wanted to speak to Graziano at
the bar. (Exhibit 5 at 24) Rauchet testified that Farace told him
that during his meetings with Graziano and Zancocchio, the three
2
Such sentencing hearings are known as Fatico hearings. See.
United States v. Fatico. 579 F. 2d 707 (2d Cir. 1978), on remand.
458 F. Supp. 388 (E.D.N.Y. 1978), aff'd. 603 F. 2d 1053 (2d Cir.
1979), cert, denied. 444 U.S. 1073 (1980).
2
(Exhibit 5 at 23)3
discussed criminal activities.
Detective
Rauchet also testified that Farace advised him that Zancocchio
became a member of the Bonanno LCN Family in late 1987 and that
Graziano was a Bonanno LCN Family Capo. (Exhibit 5 at 24)
Federal Bureau of Investigation Special Agent Gary Draus
("Draus")
also
testified
at
the
Fatico
hearing
Zancocchio and Graziano. (Exhibit 5 at 97-105)
concerning
Draus testified
that for more than six years he has been assigned to the New York
FBI sguad that focuses on the Bonanno LCN Family. (Exhibit 5 at 97)
Draus testified that LCN member sources in various New York LCN
families have advised the FBI that Zancocchio was a made member of
the Bonanno LCN Family and Graziano was a Bonanno LCN Capo.
(Exhibit 5 at 99-100)
At the conclusion of the hearing, the Court found as to
Zancocchio: "Yes, I'm going to find he is a made member."
6 at 65)
With respect to Zancocchio, the Court also stated: "But
I'll find that he's a member of organized crime ..."
66)
(Exhibit
(Exhibit 6 at
The Court also found Zancocchio's co-defendant, Graziano, to
be a "Cappo [sic] in the Bonanno Family and that he headed a crew
and got a portion of the proceeds [of] whatever they did." (Exhibit
6 at 44)
At the conclusion of the Fatico hearing, Zancocchio was
sentenced to six months incarceration and a $25,000 fine. (Exhibit
6 at 70-71; Exhibit 4)
3
According to Rauchet, Farace advised him that these criminal
activities involved hijacking truckloads of fish from the Fulton
Fish Market. (Exhibit 5 at 19)
3
B.
Jurisdiction
The IRB has exercised its authority pursuant to Article XIX,
Section
14(c)(1) of the IBT Constitution, to designate this
disciplinary matter to be within the original jurisdiction of the
IBT General Executive Board.
C.
Collateral Estoppel
Zancocchio should be precluded by operation of the doctrine of
collateral estoppel from re-litigating the same issues previously
adversely
decided
in
a
separate
action
in
participated and had every reason to contest.
which
he
fully
The standard of
proof applicable to Zancocchio's sentencing hearing was whether the
government had proved the allegations against Zancocchio, including
his organized crime membership, by a preponderance of evidence.
(See, Exhibit 6 at 44; Exhibit 16 at 3) This is the same standard
of proof
applicable
to
internal
union disciplinary
charges.
Article XIX, Section 1(e) of the IBT Constitution.
The doctrine of collateral estoppel has been considered and
sustained in prior matters under the Consent Order. See United
States v. IBT
fFriedman and Hughes] f 725 F. Supp. 162, 167
(S.D.N.Y. 1989), aff'd. 905 F.2d 610 (2d Cir. 1990). In that case,
the District Court and the Court of Appeals upheld the finding of
the Independent Administrator that the respondents "should be
collaterally estopped from contesting the substance of the charges
against them, since the charges are essentially the same as those
previously decided in their criminal trials." 725 F. Supp. at 167.
4
The finding, after a contested hearing, that Zancocchio was a
member of the Bonanno organized crime family should be binding on
him.
III. INVESTIGATIVE FINDINGS
A.
Zancocchio's Organized Crime Membership
On January 1, 1988 Zancocchio became a member of IBT Local
807. (Exhibit 1)
Since his transfer to Local 807 from IBT Local
814, Zancocchio has worked at the Jacob Javits Convention Center.
(Exhibit 1)
The Federal Bureau of Investigation considers Zancocchio to be
a member of the Bonanno LCN Family since in or about 1987. (Exhibit
13)
Zancocchio
("Graziano").4
is
the
son-in-law
The FBI considers
of
Anthony
Zancocchio's
Graziano
father-in-law,
Graziano, to be a Capo and a member of the Bonanno Family. (Exhibit
13)
Local 814 records reflected that Zancocchio was initiated as
a Local 814 member on April 28, 1987. (Exhibit 14)
Zancocchio
acknowledged that he had been a member of Local 814. (Exhibit 12 at
13)
In August 1987, a federal civil RICO case was filed against
the Bonanno LCN Family and IBT Local 814 alleging that the Bonanno
LCN Family controlled Local 814. (Exhibits 7 and 17)
members of the Bonanno LCN hierarchy,
including
Several
Zancocchio's
father-in-law, Anthony Graziano, were defendants in this suit.
4
Zancocchio married Anthony Graziano's daughter in or about
1984. (Exhibit 12 at 43)
5
(Exhibit 7)
As a result of this suit, in October 1987, a
Trusteeship was imposed upon Local 814. (Exhibits 8 and 17)
As a
result of the lawsuit and the resulting Trusteeship, several Local
814 members transferred into Local 807. (Exhibit 2; Exhibit 12 at
15-16)
Zancocchio was one of those who transferred. (Exhibit 2)
In 1989, while a member of Local 807, Zancocchio was indicted
in Richmond County, New York [on] sixteen counts of promoting
gambling in the first degree. (Exhibit 15; Exhibit 12 at 45-46) On
or about March 20, 1990, Zancocchio pled guilty to a felony charge
of promoting gambling and was sentenced to five years probation.
(Exhibit 18)
In 1991, Zancocchio and ten others were indicted by a grand
jury in Richmond County (Staten Island), N.Y. for participating in
Criminal Enterprise Corruption. (Exhibit 9) The indictment charged
that Zancocchio, who is identified in the indictment as a Bonanno
LCN Family soldier, and Ciro Barone headed a group which engaged in
loansharking, gambling and obtaining property (monies) by fraud
violations. (Exhibit 9)
The latter charge concerned Zancocchio's
involvement in a telephone scam wherein victims were contacted by
members of the criminal group representing themselves as Teamster
members.
(Exhibit 9)
They solicited ads from victims for a
fictitious "Teamster News" or "Teamster Union News."
(Exhibit 9)
This indictment is pending.
During 1988 hearings before the Permanent Subcommittee on
Investigations
of the Senate Committee on Government Affairs
("PSI"), an exhibit was introduced which identified Zancocchio as
6
a member of the Bonanno LCN Family. (Exhibit 10 at 776)
Anthony
Graziano was also identified as a member of the Bonanno Family in
this exhibit. (Exhibit 10 at 747, 774)5
The FBI's expert opinion that Zancocchio is a member of the
Bonanno Family was corroborated by surveillances of Zancocchio at
locations known to be frequented by Bonanno LCN Family members.
On several occasions while he was an IBT member, Zancocchio was
present at such locations.
For example, on September 6, 1990,
Zancocchio was observed by the FBI outside a Bonanno LCN Family
club at 69-64 Grand Avenue in Queens, New York.
At this time,
Zancocchio was in the presence of other Bonanno LCN Family members.
On September 12, 1991, Zancocchio and twenty other known Bonanno
LCN Family members were observed entering the Grand Avenue social
club.
On December 28, 1989, a 1984 Audi with N.J. plates FHK 35L,
which is registered to John Zancocchio, was seen parked at 88-64
Myrtle Avenue in Queens, New York.
This is the address of an
identified Bonanno LCN Family social club.
(Exhibit 13)
Zancocchio's ties to organized crime were also corroborated by
FBI observations of him at a wake in 1988 for a Bonanno LCN figure
and at Gambino LCN Family Boss, John Gotti's 1988 Christmas party.
The FBI advised that Zancocchio was observed attending the wake of
former Bonanno LCN member Nicholas Lorenzo, a/k/a Nicky Red, held
5
In April 1990, Anthony Graziano pled guilty to income tax
evasion. (Exhibit 4)
Graziano was sentenced to three years
imprisonment and a fine of $100,000 at the same sentencing hearing
as Zancocchio. (Exhibit 4; Exhibit 16) As discussed, during this
hearing, District Judge Nickerson found that Graziano was a member
of the Bonanno family. (Exhibit 6 at 44)
7
on 11/1 and 11/2/88 at the Vanella Funeral Home located at 19
Madison Avenue in New York City.
(Exhibit 13)
On December 20,
1988, Zancocchio attended the Gambino LCN Family Boss John Gotti's
Christmas Party at the El Caribe Country Club located at 5945
Strickland Avenue, Brooklyn, New York. Zancocchio's father-in-law,
Graziano, was also observed at this party along with Bonanno LCN
members Joseph Messina, Salvatore Vitale, Frank Lino, Sr. and James
Tartaglione. (Exhibit ll)6
B.
Zancocchio'a Failure to Cooperate With the IRB
On January 19, 1994 Zancocchio appeared for a sworn examination, pursuant to the Chief Investigator's request. (Exhibit 12)
During this examination, Zancocchio invoked his Fifth Amendment
privilege nineteen times, refusing to answer questions concerning
his contacts with his father-in-law, Anthony Graziano, and others
who have been reported to be Bonanno Family members, including
Anthony Aiello, Joseph Massino, Joseph Bonanno and Michael Sabella.
(Exhibit 12 at 37-41; 51-52 & Exhibit 13)7 Zancocchio also refused
to answer any questions concerning his codefendants in the 1991
indictment in Richmond County or any questions concerning any of
the entities mentioned in the indictment. (Exhibit 12 at 44-45; 486
Joseph Messina, Salvatore Vitale, Frank Lino, Sr. and James
Tartaglione were identified before the PSI as members of the
Bonanno LCN family. (Exhibit 10 at 774, 776)
7
Anthony Aiello, Joseph Massino, Joseph Bonanno and Michael
Sabella were each identified as Bonanno LCN family members by the
Permanent Subcommittee on Investigations. (Exhibit 10 at 747, 772,
775 and Exhibit 13)
8
49) In addition, Zancocchio asserted his Fifth Amendment privilege
against self-incrimination refusing to answer a guestion concerning
the sale of the Teamster Union News. (Exhibit 12 at 54)
IV.
PROPOSED CHARGES
Based upon the foregoing, it is recommended that Zancocchio be
charged as follows:
A.
Charge One:
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) and (2) to wit:
While a member of IBT Local 807, you were a member of
organized crime.
B.
Charge Two:
While a member of Local 807, you brought reproach upon the IBT
in violation of Article II, Section 2(a) and Article XIX, Section
7(b)(1) and (2) and Section 14 (i) of the IBT Constitution and
obstructed, interfered and unreasonably failed to cooperate with
the duties of the Independent Review Board as set forth in
Paragraph G of the March 14, 1989 Consent Decree in United States
v. International Brotherhood of Teamsters. 88 Civ. 4486 (S.D.N.Y.),
to wit:
On January 19, 1994 when you were reguired by the Independent
Review Board to give a sworn statement pursuant to Paragraph H.3(c)
of the Rules and Procedures for Operation of the Independent Review
Board for the International Brotherhood of Teamsters, you refused
9
to answer questions concerning your association with La Cosa Nostra
members Anthony Graziano, Anthony Aiello, Joseph Massino, Joseph
Bonanno, Michael Sabella and others alleged to be La Cosa Nostra
members.
10
EXHIBITS TO IRB REPORT CONCERNING JOHN ZANCOCCHIO
Ex. l
Local 807 Dues Record for John Zancocchio
Ex. 2
Local 814 Transfer Reply Control Sheet
Ex. 3
Information in United States v. John Zancocchio. Cr. 90333 (E.D.N.Y.)
Ex. 4
Docket Sheet in United States v. Anthony Graziano and
John Zancocchio. Cr. 90-333, 334 (E.D.N.Y.)
Ex. 5
Transcript of November 2, 1990 Fatico hearing in
United States v. Anthony Graziano and John Zancocchio.
Cr. 90-333, 334 (EHN) (E.D.N.Y.)
Ex. 6
Transcript of November 23, 1990 Fatico hearing in
United States v. Anthony Graziano and John Zancocchio,
Cr. 90-333, 334 (EHN) (E.D.N.Y.)
Ex. 7
Complaint dated August 25, 1987 in United States v. The
Bonanno Organized Crime Family of La Cosa Nostra, et al.
CV-87-2974 (E.D.N.Y.)
Ex. 8
October 9, 1987 Consent Judgement with Local 814 et al
CV. 87-2974 (ILG) (E.D.N.Y.)
Ex. 9
Indictment in People of the State of New York v. Ciro
Barone et al
Ex. 10
Excerpts from April 1988 hearings before the Permanent
Subcommittee on Investigations of the Senate Committee
on Governmental Affairs
Ex. 11
January 26, 1989 Memorandum by James Mullan regarding
John Gotti's Christmas Party
Ex. 12
Sworn Examination of John Zancocchio dated January 19,
1994
Ex. 13
Declaration by the Federal Bureau of Investigation
Ex. 14
Local 814 Records Reflecting Initiation Date for
John Zancocchio
Ex. 15
Indictment in People of the State of New York v. John
Zancocchio et al. Docket No. 8R006626, Indictment No.
18/1989
11
November 18, 1992 Memorandum and Order in Anthony
Graziano v. United States. Docket Nos. CV 92-4041; CR 90334 (E.D.N.Y.)
Two newspaper reports dated 8/27/87 and 10/10/87
concerning United States v. The Bonanno Organized Crime
Family of La Cosa Nostra, et al. CV-87-2974 (E.D.N.Y.)
and twelve (12) other Bonanno LCN Family articles re:
members criminal activity from 3/1/82 to 1/25/94
Certified copy of John Zancocchio's Conviction in People
of the State of New York v. John Zancocchio et al. Docket
No. 8R006626, Indictment No. 18/1989
12
5 7 /
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
Plaintiff,
v.
:
?
•
>
Defendant.
Operation
of
APPLICATION IX OF THE
INDEPENDENT REVIEW BOARD
— OPINION OF THE
INDEPENDENT REVIEW BOARD
IN THE MATTER OF THE HEARING
OF JOHN CHARLES ZANCOCCHIO
:
:
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, et al. (
Pursuant
88 Civ. 4486
:
to
the
Paragraph
:
0.
of
Independent
the Rules
Review
Board
and
Procedures
("IRB")
for
for
the
International Brotherhood of Teamsters ("IRB Rules"), Application
is made by the IRB for ruling by the Honorable David N. Edelstein,
United States District Judge for the Southern District of New York,
on the issues heard by the IRB on May 26, 1994, on the charges
filed against John Charles Zancocchio
("Zancocchio").
Zancocchio was charged with bringing reproach upon the IBT by
being a member of organized crime while he was a member of IBT
Local 807.
He was further charged with failing to cooperate with
the duties of the IRB by refusing to answer questions concerning
his association with La Cosa Nostra members.
Following the hearing, having reviewed the evidence, the IRB
found that Zancocchio at all pertinent times has been a member of
La Cosa Nostra and has associated with members of organized crime,
and that Charge One has been proved.
permanently barred from the IBT.
As a penalty, Zancocchio was
Having determined that Zancocchio
is barred from the IBT by virtue of Charge One there was no need to
address the merits of Charge Two.
The IRB elected not to stay the Opinion or the penalty imposed
pending review by Your Honor as we found it in the best interest of
the IBT that Zancocchio immediately be barred from IBT membership.
Enclosed with the June 9, 1994, Opinion of the IRB are the
following exhibits:
A)
March 23, 1994, IRB Investigative Report with exhibits;
and
B)
May 26, 1994, hearing transcript.
It
is
respectfully
requested
that
an
order
be
entered
affirming the IRB's June 9, 1994, Opinion, if Your Honor finds it
appropriate.
Member of the
Independent Review Board
Dated
June 22, 1994
2
IN RE:
OPINION OF THE
INDEPENDENT REVIEW BOARD
JOHN CHARLES ZANCOCCHIO
On March 23, 1994, the Independent Review Board ("IRB") issued
an
Investigative
Report
(attached
hereto
as
Exhibit
A)
and
forwarded it to General President Ron Carey of the International
Brotherhood of Teamsters ("IBT"), recommending charges against John
Charles Zancocchio ("Zancocchio") as follows:
Charge One:
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) and (2), to wit:
while a member of IBT Local 807, you were a member of organized
crime.
Charge Two:
While
a member of Local 807, you brought
reproach upon the IBT in violation of Article II, Section 2(a) and
Article XIX, Section 7(b)(1) and (2) and Section 14(i) of the IBT
Constitution and obstructed, interfered and unreasonably failed to
cooperate with the duties of the IRB as set forth in Paragraph G of
the
March
14,
1989,
Consent
Decree
in
United
States
v.
International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.), to
wit:
on January 19, 19 94, when you were required by the IRB to
give a sworn statement pursuant to Paragraph H.3(c) of the Rules
and Procedures for Operation of the Independent Review Board for
the International Brotherhood of Teamsters, you refused to answer
questions concerning your association with La Cosa Nostra members
Anthony Graziano, Anthony Aiello, Joseph Massino, Joseph Bonanno,
Michael Sabella and others alleged to be La Cosa Nostra members.
1
On May 6, 1994, the IRB sent a letter to Mr. Carey asking what
actions the IBT had planned or taken since the deadline for the
response to the IRB Report had passed.
On May 11, 1994, Ms. Mary Joyce Carlson, counsel to the IBT,
wrote to the IRB in response and referred this matter back to the
IRB for a hearing and decision.
The reason for this referral, as
stated by Ms. Carlson, was because it involved a judicial finding
that Zancocchio is a member of an organized crime family.
During this period on May 3, 1994, Mr. J. Warren Mangan,
attorney for Local 807, transmitted to Mr. Cronin a copy of a
letter from Local 807's Secretary-Treasurer John Hohmann bringing
internal Union charges against
charges.
Zancocchio similar to the IRB
A hearing was scheduled for May 17, 1994.
After being
contacted by the IRB's Chief Investigator, Charles M. Carberry, Mr.
Hohmann advised Mr. Carberry in a May 9, 1994, letter that any
Local Union proceedings would be deferred until the IRB completes
its proceedings against Zancocchio.
Thereafter, on May 12, 1994, the IRB sent a Notice of Hearing,
to be held on May 26, 1994, to Zancocchio at his residence.
Enclosed with the Notice, Zancocchio was provided with a copy of
the IRB Investigative Report (with exhibits) and the IRB Operating
and Hearing Rules.
Copies of the Notice of Hearing and IRB
Operating and Hearing Rules were also sent to Paul A. Lemole,
Zancocchio's attorney.
For his convenience, Zancocchio was given
the opportunity to have the hearing held in New York and, if he so
chose, to notify the IRB by May 17, 1994.
On May 23, 1994, Mr. Lemole advised the IRB that Zancocchio
would not be appearing at the noticed hearing.
He further stated
that the IRB may take whatever actions lawfully permitted in this
matter.
Mr. Lemole subsequently confirmed this in a letter to Mr.
Cronin.
On May 26, 1994, the noticed hearing went forward before the
IRB. A copy of the hearing transcript, with the hearing exhibits,
is attached hereto as Exhibit B.
hearing were the following:
Among those present at the
IRB Chief Investigator Charles M.
Carberry; Mary Joyce Carlson, counsel to the IBT Ethical Practices
Committee; Special Agent Duncan Wainwright of the Federal Bureau of
Investigations ("FBI"); and Special Agent Brian Taylor of the FBI
testified at the hearing via tele-conference with Assistant U. S.
Attorney Christine Chung as his counsel.
At the hearing the following exhibits were placed into record:
Exhibit 1: IRB Investigative Report with exhibits dated March
23, 1994;
Exhibit 2: IRB letter to General President Ron Carey dated
May 6, 1994;
Exhibit 3: Ms. Mary Joyce Carlson's letter to the IRB dated
May 11, 1994;
Exhibit 4: Mr. Mangan's letter with a copy of Mr. Hohmann's
letter to Zancocchio concerning the internal union charges
attached dated May 3, 1994;
Exhibit 4a: Mr. Hohmann's letter to Mr. Carberry dated May 9,
1994 ;
Exhibit 5: Notice of Hearing sent to Zancocchio dated May 12,
1994;
Exhibit 6: Mr. Lemole's letter to the IRB dated May 23, 1994;
Exhibit 7: FBI Special Agent Brian Taylor's March 21, 1994,
Declaration.
3
The IRB then addressed the Declaration of Special Agent Taylor
executed on March 21, 1994.
See Tab 13 of exhibits to IRB Report.
Testimony was then taken from Mr. Taylor.
He outlined his
experience with the FBI and his background in organized crime
investigations in and about New York City area.
Mr. Taylor has
been employed by the FBI as a Special Agent from approximately 1975
to
the
present
and,
we
find,
has
had
extensive
experience
investigating matters involving La Cosa Nostra.
Mr.
Taylor
conversations
he
testified
has
had
that,
with
based
the
upon
Assistant
his
experience,
United
States
Attorney's office and Special Agents whom he has supervisory
responsibility,
and
having
reviewed
various
documents
as
articulated in the declaration, Zancocchio is a member of the
Bonanno Family of La Cosa Nostra.
At the conclusion of Mr. Taylor's testimony and after
further review of the various exhibits, the IRB determined it would
keep the record open for ten days after the hearing (June 6) to
permit Zancocchio to review a copy of the transcript of the
proceeding and communicate with the IRB in the event he wished to
submit
any materials
for consideration.
The
IRB thereafter
transmitted a letter dated May 26, 1994, to Zancocchio, advising
him.
As of this date, no response has been received.
On the basis of the foregoing, we find Mr. Taylor's testimony
and the averments in his Declaration to be credible and hold that
there is just cause for determining that it has been established by
a preponderance of the evidence that Zancocchio at all pertinent
times has been a member of the Bonanno Family of La Cosa Nostra and
4
has associated with members of organized crime.
Accordingly, we
determine that Charge One has been proved.
PENALTY TO BE IMPOSED
Zancocchio's membership in organized crime is repugnant to the
idea of a corruption-free Union.
The IBT has committed itself to
cleansing its ranks of organized crime's influence.
Consistent
with that commitment, the only just punishment for Zancocchio is
permanent
debarment
from
the
IBT.
Having
determined
that
Zancocchio is to be barred from the IBT by virtue of Charge One
there is no need to address the merits of Charge Two.
Members of the
Independent Review Board
By:
Dated:
June 9, 1994
5
yn J. Cjronin, Jr.
inistxator
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
X
UNITED STATES OF AMERICA,
:
Plaintiff,
:
-against-
:
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF
AMERICA, AFL-CIO, et al.,
:
:
:
:
Defendants.
IN RE:
MEMORANDUM & ORDER
88 Civ. 4486 (DNE)
APPLICATION IX OF THE
INDEPENDENT REVIEW BOARD
:
X
x
EDELSTEIN. District Judge:
This opinion emanates from the voluntary settlement of an
action commenced by plaintiff United States of America against,
inter aliar 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"), K 0, the Independent Review Board ("IRB")
has made an application to this Court seeking approval of its
decision in this matter.
Application IX presents for this Court's review the decision
of the IRB regarding disciplinary charges brought against John
Charles Zancocchio ("Zancocchio"), a former member of IBT Local
8 07. These charges are contained in an investigative report issued
by the IRB on March 23, 1994.1
A.
Zancocchio was charged as follows:
Charge One:
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), and (2), to
wit:
While a member of IBT Local 807, you were a member of
organized crime.
B.
Charge Two:
While a member of Local 807, you brought reproach upon
the IBT in violation of Article II, Section 2(a) and Article
XIX, Section 7(b)(1) and (2) and Section 14(i) of the IBT
Constitution and obstructed, interfered and unreasonably
failed to cooperate with the duties of the IRB as set forth in
Paragraph G of the March 14, 1989, Consent Decree in United
States v. International Brotherhood of Teamsters, 88 Civ. 4486
(S.D.N.Y.), to wit:
On January 19, 1994, when you were required by the IRB to
give a sworn statement pursuant to Paragraph H.3(c) of the
Rules and Procedures for Operation of the Independent Review
Board for the International Brotherhood of Teamsters, you
refused to answer questions concerning your association with
La Cosa Nostra members Anthony Graziano, Anthony Aiello,
Joseph Massino, Joseph Bonanno, Michael Sabella and others
alleged to be La Cosa Nostra members.
(Opinion of the Independent Review Board In re:
John Charles
Zancocchio (June 9, 1994), Ex. A. at 9-10.)
A hearing on the above-quoted charges was scheduled for May
1
The IRB is vested with broad investigatory and disciplinary
powers. The IRB's investigatory authority is coextensive with that
of the General President and the General Secretary-Treasurer under
the IBT Constitution and applicable law. See February 2, 1994
Memorandum & Order, 842 F. Supp. 1550, 1551-52 (S.D.N.Y. 1994); see
also August 19, 1991 Opinion & Order, 803 F. Supp. 761, 768
(S.D.N.Y. 1992), aff'd in relevant part. 998 F.2d 1101 (2d Cir.
1993). Under the Consent Decree, the IRB must use this authority,
among other things, to investigate allegations of corruption within
the IBT, allegations of influence by La Cosa Nostra or other
organized crime groups upon IBT members or activities, and any
failure of IBT members or leadership to cooperate fully with the
IRB. Id.; see Consent Decree § G(a).
2
26, 1994 ("the hearing").
On May 23, 1994, Zancocchio's attorney
advised the IRB that Zancocchio would not be appearing at the
noticed hearing and that the IRB could take whatever actions were
lawfully permitted in this matter.
At the hearing, the IRB heard testimony from Special Agent
Brian Taylor of the Federal Bureau of Investigation ("FBI").
IRB also reviewed Mr. Taylor's
The
sworn declaration, which was
submitted as an exhibit. Based on Mr. Taylor's testimony regarding
his experience with the FBI, the IRB found that Mr. Taylor had
extensive
Nostra.
experience
investigating
matters
involving
La Cosa
Mr. Taylor testified that Zancocchio was a member of the
Bonanno family of La Cosa Nostra.
Mr. Taylor testified that his
conclusion was based on his experience investigating organized
crime in the New York City area, his review of documents, his
conversations with Special Agents over whom he had supervisory
responsibility, and conversations he has had with Assistant United
States Attorneys.
The IRB found Mr. Taylor's testimony and sworn
declaration to be credible.
Based on the evidence produced at the hearing, the IRB held
that it had been established by a preponderance of the evidence,
see IRB Rules, 5 J. 6, that Zancocchio at all pertinent times had
been a member of the Bonanno family of La Cosa Nostra. Having held
that Charge One against Zancocchio had been proved, and having
considered the seriousness of this charge, the IRB permanently
debarred Zancocchio from the IBT.
In light of its decision to bar
Zancocchio from the IBT for life on the basis of Charge One alone,
3
the IRB found no need to address the merits of Charge Two.
The IRB1s findings and rulings are contained in a five page
opinion, and are based on evidence presented at a hearing at which
Zancocchio was given the opportunity to present evidence and
testimony on his behalf.
Zancocchio's attorney has advised this
Court by letter that "Mr. Zancocchio is not contesting the opinion
dated June 16, 1994 of the Independent Review Board."
Having carefully reviewed the IRB's opinion, as well as the
exhibits attached thereto, I find that the IRB's decision is not
arbitrary or capricious. See IRB Rules, H 0 ("In reviewing actions
of the IRB, this Court shall apply the same standard of review
applicable to review of final federal agency action under the
Administrative Procedure Act."); see also May 6, 1994 Memorandum &
Order, 1994 U.S. Dist. LEXIS 6513, at *5 (S.D.N.Y. 1994); June 9,
1994 Memorandum & Order, 853 F. Supp. 757, 1994 U.S. Dist. LEXIS
7425, at *6 (S.D.N.Y. 1994). Accordingly, the decision of the IRB
is affirmed in its entirety.
SO ORDERED.
DATED:
New York, New York
September 22, 1994
U.S.D.J.
4