To: Joseph Foy, IBT Trustee, Local 813. Members of the Independent Review Board

Transcription

1 To: Joseph Foy, IBT Trustee, Local 813 From: Subject: Members of the Independent Review Board Proposed Charges against Local 813 Members Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. Date: March 17, 1995 I. RECOMMENDATION The Independent Review Board respectfully recommends that the IBT Trustee for Local 813 initiate charges against Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. all IBT members for failing to cooperate with the IRB. II. INTRODUCTION An investigation has been conducted into allegations of racketeering by Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. members of IBT Local 813 located in New York City, New York. The initial allegation was referred to the Independent Review Board by the Local 813 Investigations Officer, appointed pursuant to the settlement of the United States Civil RICO suit against Local 813. Based upon investigation it appears that while an IBT member Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. each violated Article II, Section 2 (a) and Article XIX, Section 7 (b) (1) & (2) and Section 14 (i) of the IBT Constitution by obstructing, interfering and unreasonably failing to cooperate with the duties of the Independent Review Board as set forth in Paragraph 6 of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters. 88 Civ. 4486

2 (S.D.N.Y.). III. INVESTIGATIVE FINDINGS A. Background Local 813 records showed that Albert Capone, date of birth January 21, 1950, address St. Brooklyn N.Y and Stephen Capone, date of birth November 13, 1953, address 2180 E.34th St. Brooklyn, N.Y , were owner/operators of Capone & Denilo Inc., located at Strickland Ave. Brooklyn, N.Y Local 813 records further reflected that both Albert Capone's and Stephen Capone's dues and employer paid benefit contributions (paid via "check-off" by Capone & Denilo Inc.) were up to date as of February, (Exhibits.1 & 2) Local 813 records showed that Daniel Vulpis, Sr., date of birth January 13, 1919, address 3356 National Drive, Brooklyn, N.Y , and Daniel Vulpis, Jr., date of birth January 9, 1950 were owner/operators of DV Carting Co. located at 1379 Utica Ave, Brooklyn, N.Y Local 813 records further reflected that Daniel Vulpis, Sr's dues and employer paid benefit contributions (which were paid via "check-off" by DV Carting Co.) were up to date as of February (Exhibit 3) Daniel Vulpis, Jr's dues and employer paid benefit contributions (which were paid via "checkoff" by DV Carting Co) were up to date as of January (Exhibit 4) B. Indictment On August 9, 1994 an indictment 94-Cr United

3 States of America v. Mark Barbieri. et al. was filed in the United States District Court, Southern District of New York. Albert Capone, Stephen Capone, Daniel Vulpis Sr. and Daniel Vulpis, Jr. were named as co-conspirators in this indictment, each charged with violation of Section 666 (a) (2) of Title 18, United States Code. Count one of this indictment contained the following allegations: "The Conspiracy 54. From in or about 1988, through in or about April 1992, in the Southern District of New York and elsewhere,... Albert Capone, Stephen Capone,... Daniel Vulpis Sr., Daniel Vulpis, Jr...., the defendants and others known and unknown, did unlawfully, wilfully, and knowingly combine, conspire, confederate and agree together and with each other to violate Section 666 (a) (2) of Title 18, United States Code. V. The Objects of the Conspiracy It was a part and object of said conspiracy that,... Albert Capone, Stephen Capone,... Daniel Vulpis, Sr., Daniel Vulpis, Jr...., the defendants and others known and unknown, would and did corruptly offer and agree to give a thing of value, directly and indirectly through CJE [CJE Land Clearing Inc.] to employees of the DOS [New York City Department of Sanitation], an agency of a local government receiving in excess of $10,000 in Federal assistance in a one-year period, with the intent to influence and reward the DOS employees in connection with business, a transaction, and a series of transactions of the DOS involving

4 0 or more, to wit, the defendants paid bribes to DOS >loyees, directly and indirectly through CJE, to permit the endants to dump unapproved material free of charge under the se of the free cover program, thereby causing the City to lose excess of $5,000 in dumping fees, in violation of Title 18, ted States Code, Section 666 (a) (2). M (Exhibit 5) 1 Albert Capone and Stephen Capone were also named in Count this indictment and Daniel Vulpis, Sr. and Daniel Vulpis, Jr. named in Count 14 of this indictment. (Exhibit 5) C. Failure to Appear Local 813 is located in New York City, New York. Its rds show that Albert Capone, Stephen Capone, Daniel Vulpis, Sr. )aniel Vulpis, Jr. are members. No withdrawal cards have been '.d ^^ these members. On October 24, 1994, the Chief Investigator's Office sent /ernight mail a Notice of Sworn Examination to Albert Capone, in Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. iling their sworn examinations for November 17, (Exhibit January 9, 1995, these sworn examinations were rescheduled luary 31, (Exhibit 7) At these sworn examinations, the Investigator planned to ask questions concerning the ions contained in United States v. Barbieri.et al. 94 Cr. Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and he other defendants in United States v. Barbieri were Mark L, Dominick Carano, Antonio Coraggio, John Costello, >.lo Cotoia, Louis Dontis, Nicholas Dontis, Michael Ferone, sr^^atempa, Steven Russell, Joseph Vendittelli, Thomas l^feind Joseph Zuccarello.

5 EXHIBIT LIST Copies of Local 813 records re: Albert Capone's Membership Application and Dues Card Copies of Local 813 records re: Stephen Capone's Membership Application and Dues Card Copies of Local 813 records re: Daniel Vulpis, Sr's. Membership Application and Dues Card Copies of Local 813 records re: Daniel Vulpis, Jr's. Membership Application and Dues Card Copy of the Docket sheet and Indictment re: Case # 94 Cr , United States v. Barbieri et al. Copies of Notice of Sworn Examination for Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. dated October 24, 1995 Copies of Notice of Sworn Examination for Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. dated January 9,1995 Copies of the report of deposition for Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. showing a failure to appear dated January 31, 1995.

6 JH) UNITED STATES DISTRICT COURT <r Q - SOUTHERN DISTRICT OF NEW YORK * ^ UNITED STATES OF AMERICA, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA, AFL-CIO, et al., 88 Civ (DNE) QUARTERLY REPORT XIII OF THE INDEPENDENT REVIEW BOARD UNDER THE CONSENT ORDER ARTICLE G. "REPORT TO THE COURT" Defendants. TO: The Honorable David N. Edelstein United States District Judge Southern District of New York FROM: Independent Review Board Grant Crandall Frederick B. Lacey William H. Webster DATE: February 22, 1996

7 1«. Albert Capone. Btivn eanom.flaniai.reipifi. and Daniel TBlpii. Jr. In previous Reports, we informed Your Honor that the IRB transmitted an Investigative Report to Trustee Foy of Local 813 alleging that Albert Capone, c teven Capone, Daniel Vulpis, Sr., and Daniel Vulpis, Jr. brought reproach upon the IBT and obstructed, interfered and unreasonably failed to cooperate with the duties of the IRB by failing to appear for sworn in-person examinations. The 19

8 hearing panel appointed by General President Carey recommended that the charges be found proved against the charged parties. Upon review of the panel report, the General President found the charges proved and on December 5, 1995, imposed upon each of the charged parties the penalty of permanent expulsion from membership in the IBT and permanently barring them from accepting or seeking any employment, including consulting work, with the IBT or any Teamster affiliate. He further ordered that no future contribution from any IBT-affiliated entity may be made on the charged parties' behalf to any IBT-affiliated pension or welfare plan, except that they may receive fully vested pension benefits. The IRB considers the action taken to be appropriate and no further review is required.

9 INTERNATIONAL BROTHERHOOD OF TEAMSTERS In the Matter of: ARTICLE XIX CHARGES against LOCAL 813 MEMBERS ALBERT CAPONE, STEPHEN CAPONE, DANIEL VULPIS, SR. AND DANIEL VULPIS, JR. 1 DECISION Having reviewed and duly considered the hearing record and the recommendation of the hearing panel in the above-referenced case, I hereby issue the following decision on Article XIX charges filed by the Local 813 Temporary Trustee, Joseph Foy, against Local 813 members Albert Capone, Stephen Capone, Daniel Vulpis, Sr. and Daniel Vulpis, Jr. ("the charged parties"). I. The Charges This case arises out of charges referred to Local 813 temporary Trustee Joseph Foy by the Independent Review Board ("IRB"). The charges allege that the charged parties each brought reproach upon the IBT in violation of Article n, 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 under the Consent Decree between the IBT and the United States by willfully and unjustifiably failing to appear on January 31, 1995 at sworn examinations scheduled by the Chief Investigator's office of the Independent Review Board. The charged parties were to be questioned by the Chief Investigator about their August 9, 1994 indictment on charges that they violated federal law by paying in excess of $5,000 in bribes to Department of Sanitation employees to permit the defendants to dump certain material subject to dumping fees free of charge. The charged parties are owner-operators of private sanitation (carting) companies. II. The Hearing Evidence Temporary Trustee Foy requested that the General President appoint a panel to hear the charges. The General President appointed a panel and a duly noticed hearing was held on July 27, Brothers Albert and Stephen Capone did not appear at the hearing. 'By letters dated July 26, 1995, Albert and Stephen Capone resigned their memberships in Local 813. At the time of the misconduct alleged in the charges, they were Local 813 members.

10 At the hearing, temporary Trustee Foy introduced the IRB's recommendation and report on the charges, as well as IRB exhibits establishing the indictment against the charged parties, the notices that their sworn examinations would be taken, proof of receipt of same, and other exhibits establishing that the charged parties' failure to appear at their January 31, 1995 sworn examinations, which had previously been postponed twice. III. The Panel's Recommendations The hearing panel unanimously recommended that the charges be found proven against all the charged parties, and that Albert and Stephen Capone be permanently expelled from membership in any IBT affiliate. With respect to Daniel Vulpis, Sr. and Daniel Vulpis, Jr., the hearing panel found that mitigating circumstances warranted a lesser penalty. Specifically, the hearing panel found that the Vulpises relied on the advice of their counsel, who told them that he had obtained a postponement of their January 31, 1995 examinations, were ignorant of their duty to cooperate with the IRB and were reluctant to testify regarding pending criminal charges. The hearing panel recommended that the Vulpises be given ninety days from October 1, 1995 to fully cooperate with the IRB or face expulsion. IV. Conclusion and Penalties Having reviewed and considered the evidence and recommendations of the hearing panel, I find proven the above charges against each of the charged parties. I also agree with the hearing panel's recommended penalty of permanent expulsion from membership for Albert and Stephen Capone. However, I do not find that mitigating circumstances exist justifying lesser penalties for the Vulpises. The Vulpises' vague explanations in their testimony that they relied on the advice of counsel does not excuse or mitigate their obligations to comply with the IBT Constitution. This includes the obligation not to bring reproach upon the IBT by failing to cooperate with the IRB. It also includes the duty not to obstruct or interfere with the Independent Review Board. Accordingly, I impose the following penalties on Albert Capone, Stephen Capone, Daniel Vulpis, Jr. and Daniel Vulpis, Sr.: Albert Capone, Stephen Capone, Daniel Vulpis, Jr. and Daniel Vulpis, Sr. are hereby permanently expelled from membership in the International Brotherhood of Teamsters ("IBT H ) and permanently barred from accepting or seeking any employment, including consulting work, with the IBT or any Teamster affiliate. In addition, no future contribution from any IBTaffiliated entity may be made on the charged parties' behalf to any IBT-affiliated pension or welfare plan, except that they may receive fully vested pensiojrtenefit^"'v Dated: December 5, 1995 / \ Ron Carey, General I^e^dent 2