Chief Investigator: Charles M. Carberry, Esq. 17 Battery Place, Suite 331 New York, NY 10004 INDEPENDENT REVIEW BOARD 444 North Capitol Street, NW, Suite 528 Washington, DC 20001 (202)434-8080 Facsimile (202) 434-8084 Corruption Hotline (800) CALL IRB Board Members: Benjamin R. Civiletti, Esq. Venable LLP 575 7th Street, NW Washington, DC 20004 Administrator: John J. Cronin,Jr. Hon. Loretta A. Preska United States District Court United States Courthouse 500 Pearl Street, Room 1320 New York, NY 10007 November 20, 2008 VIA OPS NEXT DAY AIR Joseph E. digenova, Esq. digenova ScToensing, LLP 1776 K Street, NW, Suite 737 Washington, DC 20006 William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy LLP 1850 K Street, NW, Suite 1100 Washington, DC 20006 Re: APPLICATION 134 OF THE INDEPENDENT REVIEW BOARD Dear Judge Preska: I transmit herewith one original and one copy of Application 134 of the Independent Review Board, submitting the Agreement regarding William A. Moore, approved by the IRB, to Your Honor for review, and if appropriate, to be "so ordered." In addition to the Application, enclosed please find the original and one copy of: (a) (b) (c) the Agreement approved by the IRB; an Acknowledgment of Receipt; and an Affidavit of Service. If you find it appropriate, I respectfully request that a member of Your Honor's staff file the original of the "backed" Application, Agreement, Acknowledgment of Receipt and Affidavit of'service with the Clerk's office. Respectfully submitted, Members of the Independent Review Board JJC:eft Enclosures Cronin, Jr. strator Pursuant to the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood of Teamsters 88 CIV. 4486 (LAP)
cc: Members of the General Executive Board Charles M. Carberry, Esq. Bradley T. Raymond, Esq., IBT General Counsel Beth Goldman, AUSA Matthew J. Brief, Esq. 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA 88 CIV. 4486 (LAP) Plaintiff APPLICATION 134 OF THE V. INDEPENDENT REVIEW BOARD AGREEMENT BETWEEN THE INTERNATIONAL BROTHERHOOD OF INDEPENDENT REVIEW BOARD TEAMSTERS, al. AND WILLIAM A. MOORE Defendants Pursuant to Paragraph O. of the Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters ("IRB Rules"), the Independent Review Board ("IRB") files this Application submitting the Compromise Agreement with William A. Moore, International Representative, Secretary-Treasurer of the Missouri-Kansas-Nebraska Conference and President of Local 696 in Topeka, Kansas. The Agreement has been approved by the IRB and is submitted to Your Honor for review and, if appropriate, to be entered as an order. The IRB had forwarded an Investigative Report dated September 15, 2008, to International Brotherhood of Teamsters ("IBT") General President James P. Hoffa, recommending that William A. Moore be charged with bringing reproach upon the IBT and failing to cooperate with the IRB when during his sworn examination on May 26, 2004, he gave intentionally false testimony concerning the last time he had seen permanently barred IBT member Dane Passo. General President Hoffa notified the IRB 1
that he adopted and filed the proposed charge, and he notified William A. Moore that he would select a hearing panel to hear the proposed charge. By letter of October 3, 2008, the IBT forwarded to the IRB for approval a proposed Agreement signed by William A. Moore and agreed to by the IBT. On October 20, 2008, the IRB notified the IBT that the proposed sanction in the agreement covering two months was inadequate. By letter of October 27, 2008, the IBT submitted a revised proposed agreement which extended the sanction to twelve months. This Application complies with former United States District Court Judge David N. Edelstein's February 2, 1994, Order stating that all IRB Compromise Agreements shall "contain a paragraph informing signatories that the agreement will be reviewed and may be rejected." The Agreement reached between the IRB and William A. Moore satisfies this procedure. original and one copy of an Acknowledgment of Receipt are One "backed" enclosed with this Application for execution by Your Honor. Effective November 3, 2008, William A. Moore accepted a twelve month suspension from Union office and employment, as well as acknowledged and stipulated that any future false statements under oath to the IRB or knowing^association with a barred person will result in his permanent expulsion from the Union. He will maintain his membership in Local 696 and the IBT during this period. He has further agreed: (1) that from November 3, 2008, to November 2, 2009, neither the IBT nor any IBT entities shall pay him, nor shall he accept, any salary, severance payment, allowance, fee or compensation of any kind, except he may receive compensation or benefits which 2
have accrued to him prior to the effective date of this Affidavit and Agreement; (2) that during the twelve month suspension he agrees that he will receive no benefits, gratuities, severance payments or gifts of any kind whatsoever from Local 696, the Missouri-Kansas- Nebraska Conference, the IBT and any other IBT entities and they shall not make, nor shall he accept, any contributions on his behalf to any pension, health and welfare, severance or other benefit fund; and (3) that he shall not take or accept, after the expiration of his suspension, any compensation or remuneration in money or other things of value to replace the compensation and benefits lost pursuant to this Affidavit and Agreement. We have found the Agreement serves to resolve the matter in a fair and equitable manner. Therefore, we respectfully request that Your Honor execute the Agreement on the line provided. to have the Agreement "so ordered" by the Court. This will, in effect, serve Thereafter, it is respectfully requested that a member of Your Honor's staff file the fully executed original Agreement with the Clerk and transmit to me a confirmed copy of the Agreement as "so ordered." 3
In The Matter of William A. Moore AFFIDAVIT AND AGREEMENT Before the INDEPENDENT REVIEW BOARD -x STATE OF KANSAS COUNTY OF SHAWNEE ) ) ss. ) William A. Moore, being duly sworn, deposes, says and agrees as follows: 1. The Independent Review Board ("IRB"), appointed pursuant to the Consent Order entered March 14, 1989 in United States v. International Brotherhood of Teamsters, 88 CIV 4486 (LAP) (S.D.N. Y.) (the "Consent Order"), recommended in a report dated September 15, 2008, that the International Brotherhood of Teamsters ("IBT") file charges against me. IBT General President Hoffa filed the charges and scheduled a hearing on those charges, which allege that I brought reproach upon the IBT and otherwise violated the IBT Constitution when I testified falsely under oath concerning the last time I had seen permanently barred IBT member Dane Passo.
2. I make this Affidavit and Agreement ("the Agreement") to resolve the charges described in paragraph 1. This Agreement does not constitute an admission or denial of the charges. 3. I represent and agree to the following: a. I am a member of the IBT and a member of IBT Local 696. b. I am the President of Local 696 and the Secretary-Treasurer of the Missouri-Kansas-Nebraska Conference of Teamsters. c. I am also an International Representative for the IBT. 4. I hereby agree to serve a twelve (12) month suspension from holding office or employment with Local 696, the Missouri-Kansas-Nebraska Conference, the IBT or any other IBT entities, beginning effective on November 3, 2008 and ending November 2, 2009. I may maintain my membership in Local 696 and the IBT during the period of this suspension. 5. During the period of my twelve ( 12) month suspension, Local 696, the Missouri-Kansas-Nebraska Conference, the IBT and any other IBT entities shall not pay to me, nor shall I accept, any salary, severance payment, allowance, fee or compensation of any kind, except that I may receive any compensation or benefits which have accrued to me prior to the effective date of this Affidavit and Agreement. 6. During the period of my twelve (12) month suspension, I will receive no benefits, gratuities, severance payments or gifts of any kind whatsoever from -2-
1 ' Local 696, the Missouri-Kansas-Nebraska Conference, the IBT and any other IBT entities. From the effective date forward to the end of my suspension, Local 696, the Missouri-Kansas-Nebraska Conference, the IBT and any other IBT entities shall not make, nor shall I accept, any contributions on my behalf to any pension, health and welfare, severance or other benefit fund. 7. 1 represent and agree that I shall not take or accept after the expiration of my suspension, any compensation or remuneration in money or other things of value to replace the compensation and benefits lost pursuant to this Affidavit and Agreement. 8. I acknowledge and agree that I shall be permanently expelled from membership in the IBT and permanently barred if I testify falsely under oath in any future IRB examination or if I knowingly associate with any person who has been barred from participating in the affairs of the IBT and/or IBT affiliates. 9. I have entered into this Affidavit and Agreement on the understanding that the IBT will not proceed with the charges described in paragraph 1. 10. I understand and agree that this Affidavit and Agreement will be submitted to the IRB for its review and, if approved by the IRB, it will be submitted to the United States District Court for the Southern District of New York, whereupon it will be entered as a Court Order. I understand that no representations have been made as to whether this Affidavit and Agreement will be -3 -
/ approved by the IRB or by the United States District Court for the Southern District of New York. Approval of this Affidavit and Agreement by the IRB and the United States District Court for the Southern District of New York shall resolve the charges described in paragraph 1. If this Agreement is not approved by the IRB or the United States District Court for the Southern District of New York, there shall be no Agreement. 11. I make this Affidavit and Agreement freely, under no duress or coercion of any kind. Agreed: For the IBT Approved: So Ordered: Hon. Loretta A, Preska United States District Judge.4.
/ / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, : Plaintiff, : : 88 CIV.4486 (LAP) V. : ACKNOWLEDGMENT OF RECEIPT : OF APPLICATION 134 OF THE INTERNATIONAL BROTHERHOOD OF : INDEPENDENT REVIEW BOARD TEAMSTERS, ei al. : Defendants. : This Court hereby acknowledges that Application 134 of the Independent Review Board ("IRB") for the International Brotherhood of Teamsters ("IBT") has been received by this Court, and that this Court has caused to be filed the original documents concerning Application 134 of the IRB with the Clerk of the Court of the Southern District of New York. This Court further certifies that the instant Acknowledgment of Receipt ("the Acknowledgment") has been filed with the Clerk of the Court of the Southern District of New York, and that a copy of the Acknowledgment has been forwarded to the following: John J. Cronin, Jr. 444 North Capitol Street, NW, Suite 528 Washington, DC 20001 Administrator of the Independent Review Board Matthew J. Brief, Esq. Brief, Justice, Carmen & Kleiman, LLP 805 Third Avenue, 11th Floor New York, NY 10022 Counsel for Respondent I Dated:, 2008 New York, New York U.S.D.J.
:f> J 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA Plaintiff, v. 88 CIV. 4486 (LAP) AFFIDAVIT OF SERVICE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, fit al. Defendants. John E. Converse hereby deposes and says: 1. I am the Assistant to the Administrator in the office of the Administrator of the Independent Review Board. On November 20, 2008, I caused to be delivered via UPS NEXT DAY AIR to the Honorable Loretta A. Preska one executed original and one copy of Application 134 and the original and one copy of the Acknowledgment of Receipt. 2. I also caused a copy of Application 134 along with the enclosures to be delivered to: Beth Goldman, AUSA, via UPS Next Day Charles M. Carberry, Esq., via UPS Next Day Bradley T. Raymond, Esq., i via Hand Delivery Matthew J. Brief, Esq., via UPS Next Day / Sworn to and subscribed before, ice, me this day of /VJoOQmJopr Qm&pr 2 008 JOANNE C.BATZ notary NOTARY public PUBLIC DISTRICTOF district of COLWffiW COLUMBW My Commission Expires March 14, an*