To: From: Re: Members of the Local 456 Executive Board Members of the Independent Review Board Proposed Charge Against Local 456 Member Pasquale J. Guarniero Date: March 17, 2008 I. RECOMMENDATION The Independent Review Board ("IRB") refers the below report to the Local 456 Executive Board and recommends that a charge be filed against Local 456 member Pasquale J. Guarniero ("Guarniero") for failing to cooperate with the IRB by refusing to appear for his scheduled IRB sworn examination on February 27, 2008. By his actions, it appears that, while an IBT member, Guarniero violated Article II, Section 2(a) and Article XIX, Sections 7(b) (1) and (2) and Section 14(i) of the IBT Constitution by obstructing, interfering and unreasonably failing to cooperate with the duties of the IRB as set forth in Paragraph G of the March 14, 1989 Consent Order in United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.) ("Consent Order"). II. JURISDICTION Pursuant to Article XIX, Section 14(c) of the IBT Constitution, this disciplinary matter is within the original jurisdiction of the Local 456 Executive Board. 1
Paragraph G(e) of the Consent Order and Paragraph 1(6) of the court-approved Rules and Procedures for Operation of the IRB ("IRB Rules") require that within ninety days of the IRB's referral of a matter to an IBT entity, that entity must file with the IRB written findings setting forth the specific action taken and the reasons for such action. Pursuant to Paragraph 1(9) of the IRB Rules, not meeting this deadline may constitute a failure to cooperate with the IRB. Ill. INVESTIGATIVE FINDINGS A. Pasquale J. Guarniero Guarniero is a member of Local 456 employed at W.J.L. Construction Corp. (Ex. 1) He has been a Local 456 member since May 17, 1988. (Ex. 1) Guarniero's dues were paid through February 2008. (Ex. 1) B. Guarniero's Indictment On February 7, 2008, the Queens County District Attorney's Office made public an Organized Crime Control Act indictment in which twenty-six individuals, including three alleged members of the Gambino crime family, were charged with Enterprise Corruption. (Ex. 2) The twentynine count indictment alleged that a gambling ring promoted illegal sports betting in Queens County and elsewhere which 2
involved traditional gambling wire rooms and nontraditional computerized wire rooms in Costa Rica. (Ex. 2) The indictment described Guarniero as one of six "money collectors" who were responsible for distributing, delivering and transferring gambling proceeds. (Ex. 2) In addition to the Enterprise Corruption charge, Guarniero was charged with seven counts of Promoting Gambling and one count of Conspiracy. (Ex. 2) C. Guarniero's Failure to Appear On February 8, 2008, by U.S. Express mail, a notice of sworn examination was sent to Guarniero at his address in Local 456 records. (Ex. 3) His sworn examination was scheduled for February 19, 2008. (Ex. 3) United States Postal Service records showed that the sworn examination notice was delivered on February 12, 2008 after two United States Postal Service notices were left on February 9, 2008. (Ex. 4) On February 12, 2008, P. Guarniero signed the return receipt. (Ex. 4) At this examination, the Chief Investigator's Office planned to question Guarniero about matters including, but not limited to, his Local 456 membership, any contact with organized crime figures and his recent indictment. On February 13, 2008, Guarniero's attorney, Anthony J. Mangone, Esq.("Mangone"), contacted the Chief 3
Investigator's Office and stated that, in light of Guarniero's recent indictment, Guarniero may assert his Fifth Amendment privilege and decline to testify. (Ex. 5) By letter dated February 14, 2008, Mangone was notified that Guarniero's sworn examination was rescheduled to February 27, 2008. (Ex. 5) In this letter, Guarniero's counsel was informed that if Guarniero asserted his Fifth Amendment privilege and refused to testify, internal union disciplinary charges could be recommended against him for failure to cooperate with the IRB. (Ex. 5) In a letter dated February 19, 2008 to the Chief Investigator's Office, Guarniero's attorney stated that after conferring with his client, Guarniero would assert his Fifth Amendment privilege and would not testify at his February 27, 2008 IRB sworn examination. (Ex. 6) IV. ANALYSIS The court-approved Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters empower the Chief Investigator, to take and require sworn statements or sworn inperson examinations of any officer, member, employee, representative, or agent of the IBT, provided that the IRB has given the person to be examined at least ten days advance notice in writing and also provided that the person to be examined has the right to be represented by an IBT member or legal counsel... 4
Failure to appear for a duly-noticed in-person examination shall be deemed a failure to cooperate fully with the IRB. (IRB Rules, Paragraph H (3)(c)). Additionally, Article XIX, Section 14 (i) of the IBT Constitution provides: All officers, members, employees, and representatives of the International Union and its affiliated bodies shall cooperate fully with the Independent Review Board in the course of any investigation or proceeding undertaken by it. Unreasonable failure to cooperate with the Review Board shall be deemed to be conduct which brings reproach upon the Union, and which is thereby within the Review Board's investigatory and decisional authority. The failure to cooperate with the IRB by failing to appear to give a sworn statement is grounds for disciplining IBT members. See, United States v. IBT ("Hickey"), 945 F. Supp. 96 (S.D.N.Y. 1996) ("the refusal of any IBT member whether officer or rank-and-file member -- to provide sworn testimony to the IRB on Fifth Amendment grounds, supports a finding that the IBT member brought reproach on the union by obstructing the IRB's... investigation." (citation omitted)); United States v. IBT ("Calagna"), 1991 U.S. Dist. LEXIS 11256, *8-9 (August 14, 1991). As indicated in his counsel's February 19, 2008 letter, citing his Fifth Amendment privilege, Guarniero refused to appear for his duly noticed sworn examination on February 27, 2008. (Ex. 5
V. PROPOSED CHARGE Based on the foregoing, it is recommended that Pasquale Guarniero be charged as follows: While a member of Local 456 and the IBT, 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 Independent Review Board in exercise of its duties as set forth in Paragraph G of the March 14, 1989 Consent Order in United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.), to wit: Having received notice from the IRB that your sworn statement was scheduled for February 27, 2008 you willfully and without justification failed to appear for your scheduled in-person sworn examination pursuant to Paragraph H.3(c) of the Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters. 6
EXHIBITS TO THE REPORT INVOLVING PASQUALE GUARNIERO Ex. 1 Ex. 2 Local 456 dues record for Pasquale Guarniero Queens County District Attorney's Office Indictment No. 2982/2007 with Press Release Ex. 3 IRB Notice of Sworn Examination dated February 8, 2008 Ex. 4 Ex. 5 United States Post Office Notices and Receipt dated February 12, 2008 February 14, 2008 letter to Anthony Mangone, Esq. Ex. 6 Anthony Mangone, Esq. letter dated February 19, 2008 7
Chief Investigator: Charles M. Carberry, Esq. 17 Battery Place, Suite 331 New York, NY 10004 Administrator: John J. Cronin,Jr. 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 June 11, 2008 Board Members: Benjamin R. Civiletti, Esq. Venable LLP 575 7th Street, NW Washington, DC 20004 Joseph E. digenova, Esq. digenova 8cToensing, LLP 1776 K Street, NW, Suite 737 Washington, DC 20006 Executive Board of Local 456 160 So. Central Avenue Elmsford, New York 10523 William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy LLP 1850 K Street, NW, Suite 1100 Washington, DC 20006 Re: Decision on Charge Against Local 456 Member Pasquale Guarniero Dear Members of the Executive Board: The Independent Review Board has reviewed your decision of May 14, 2008, and President Edward Doyle, Jr.'s May 16, 2008, letter to Mr. Guarniero in the above captioned matter, and finds the decision to be not inadequate. Very truly yours, \ i Members of the Independent Review Board cc: Charles M. Carberry, Esq. V' Bradley T. Raymond, Esq. Roy Barnes, Esq. Anthony J. Mangone, Esq. Pasquale Guarniero Pursuant to the Consent Order of the United States District Court, S.D.N.Y. United States -v- International Brotherhood ofteamsters 88 CIV. 4486 (LAP)
TEAMSTERS & CHAUFFEURS UNION No. 456 Affiliated with International Brotherhood of Teamsters \ EDWARD DOYLE, JR. President Phones: (914) 592-9500/1/2 (914) 769-5577 Fax: (914)592-4266 160 So. Central Avenue Elmsford, New York 10523 ROBERT A. ROBERGE Secretary - Treasurer Affiliated With New York State Building and Construction Trades Council Westchester-Putnam Building Trades Council May 16, 2008 Mr. Pat Guarniero 470 Tuckahoe Road Apt 10A Yonkers, New York 10710 Dear Sir & Brother: Please find enclosed the report of the Local 456 Executive Board regarding the charges that you failed to cooperate with the International Brotherhood of Teamsters Independent Review Board (IRB) by refusing to testify in a sworn examination before the IRB's Chief Investigator. TEaward Doyle President CC: John Cronin - IRB 14'ei (caeiucy,?a/n< r ew PACE Honorary Presidents John Acropolis Edward Doyle
REPORT OF THE EXECUTIVE BOARD OF TEAMSTERS LOCAL 456 IN THE MATTER OF CHARGES AGAINST LOCAL 456 MEMBER PASQUALE J. GUARNIERO Introduction On March 17, 2008 the Independent Review Board (IRB) submitted to the Executive Board of Local 456 proposed charges against Local 456 member Pasquale J. Guarniero (Guarniero). The charges allege that Guarniero had failed to cooperate with the IRB by refusing to testify in a sworn examination before the IRB's Chief Investigator. The Executive Board of Local 456 was directed to file the charges, hold a hearing and forward a final written report to the IRB within 90 days. On March 25, 2008 Local 456 Secretary-Treasurer, Robert Roberge informed Guarniero by letter of the charges filed against him and that a hearing would be held at the offices of Local 456 on April 29, 2008. The Local 456 Executive Board will serve as the Hearing Panel. A copy of the IRB Report and Recommendation together with supporting exhibits were forwarded to Guarniero with the letter scheduling the hearing. On April 21, 2008 a letter was submitted by Anthony J. Magnone, Esq. attorney for Guarniero to Roy Barnes, Esq. the attorney for Local 456 requesting an adjournment of the hearing to June, 2008. Because the requested adjournment would make it impossible for the Hearing Panel to conduct a hearing, receive and review the transcript and issue a Report and Recommendation within the 90 days required by Section G (e) of the Consent Decree if the request for an adjournment to June was approved, the attorney for Local
456 requested from the IRB that the date for the Hearing Panel to reach a decision regarding Guamiero's refusal to testify before the IRB be extended to June 30, 2008. The request for an extension beyond 90 days to complete the process was denied by the IRB. On April 29, 2008 the hearing commenced as scheduled. The charging party introduced into evidence the relevant documents from the IRB charges. Guarniero appeared in his own behalf. When questioned as to the reasons why he failed to cooperate with the IRB Guarniero requested that the Hearing Panel reconsider his attorneys request for an adjournment. He testified that he could not answer any questions on the advice of his attorney, but that he would be willing to testify before the Hearing Panel and cooperate with the IRB investigation as soon as the pending criminal charges were resolved. Guarniero was excused and the Hearing Panel in executive session denied the request for an adjournment.. While the Local 456 Hearing Panel recognizes and understands Guamiero's predicament of the obligation to testify before the IRB and running the risk of self-incrimination which would be protected by the Fifth Amendment in a criminal proceeding, against refusing to testify before the IRB and running the risk of losing membership in the Union, the Hearing Panel is obligated to follow well established law in this area.
The well known and numerous cases under the Consent Decree are clear that every member of the IBT is obligated to cooperate with the IRB. Those who do not cooperate, such as by refusing to answer questions put forth by the IRB's investigators, commit acts that can subject them to discipline under the Consent Decree and the International Constitution. In cases such as Guarniero's where the charged party refuses to cooperate and testify before the IRB, the law under the Consent Decree is clear that he commits conduct warranting a permanent bar from membership in this Union. Accordingly, the Hearing Panel unanimously recommends that Guarniero be expelled from membership in the Union; permanently barred from participating in the affairs of the Union; permanently barred from contracting with, seeking or holding office or employment with Local 456^the IBT or any other IBT affiliate or it's sponsored employee benefit plans; permanently barred from seeking or accepting money or other compensation for any goods and services from Local 456, the IBT or any other IBT affiliate or IBT sponsored employee benefit plan other than receipt of vested benefits to which he may otherwise lawfully be entitled by reason of prior participation in an IBT sponsored benefit plan or plans. In addition, Guarinero is prohibited from having any contributions made on his behalf to any IBT-affiliated benefit funds by Local 456 or any other IBT-affiliated entities. DATE: DATE: DATE:
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