Commonwealth v. Traitz

597 A.2d 1129, 528 Pa. 305, 1991 Pa. LEXIS 216
CourtSupreme Court of Pennsylvania
DecidedOctober 7, 1991
Docket40, E.D., Appeal Docket 1990
StatusPublished
Cited by16 cases

This text of 597 A.2d 1129 (Commonwealth v. Traitz) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Traitz, 597 A.2d 1129, 528 Pa. 305, 1991 Pa. LEXIS 216 (Pa. 1991).

Opinions

OPINION

ZAPPALA, Justice.

The issue presented in this appeal is whether the Commonwealth’s prosecution of the Appellants for violations of the Pennsylvania Corrupt Organizations Act, 18 Pa.C.S.A. § 911, was barred by a prior federal prosecution for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968. The Superior Court 393 Pa.Super. 641, 564 A.2d 1008 affirmed the order of the Montgomery County Court of Common Pleas that [307]*307had granted in part and denied in part the Appellants’ Motion to Dismiss two counts of the complaint filed against them alleging violations of 18 Pa.C.S. § 911(b)(3) and 18 Pa.C.S. § 911(b)(4). We find that the lower courts erred in failing to dismiss the state prosecution for violations of the Pennsylvania Corrupt Organizations Act and now reverse the Superior Court’s order insofar as it affirmed that part of the trial court’s order denying the Appellants’ Motion to Dismiss.

On October 23, 1986, the Appellants were indicted in the United States District Court for the Eastern District of Pennsylvania for RICO violations, 18 U.S.C. § 1962(c) and (d), and other federal charges. The federal indictment alleged that from January, 1983 through September, 1986, the Appellants conspired and agreed among themselves and with others to participate directly and indirectly in the conduct of the United Slate, Tile and Composition Roofers, Damp and Waterproof Workers’ Association Local 30 and Residential Reroofers Union Local 30B (Roofers Union) through a pattern of racketeering activity and the collection of unlawful debts.

The activity alleged included (1) multiple acts of bribery of public officials; (2) multiple acts of extortion in violation of 18 U.S.C. § 1951; (3) multiple acts of collections of credit by extortionate means in violation of 18 U.S.C. § 894; (4) bribery of a federal official; (5) solicitation, payment and acceptance of kickbacks to influence the operations of an employee benefit plan; (6) embezzlement of funds from a health and welfare benefit plan; (7) engaging in a scheme to defraud through the use of the mails; and (8) embezzlement of funds from a labor organization. The specific factual allegations underlying those acts reveal a pervasive scheme by the Appellants to coerce nonunion contractors to become members of the Roofers Union through physical violence, intimidation, and destruction of property.

On November 23, 1987, the Appellants were convicted in federal court for violations of RICO, 18 U.S.C. § 1962(c), RICO conspiracy, 18 U.S.C. § 1962(d), and other federal [308]*308crimes. On January 22, 1988 and March 4, 1988, the Appellants were sentenced to terms of imprisonment ranging from eight to fifteen years for the federal RICO convictions. Fines ranging from $5,000 to $50,000 were imposed as well on several of the Appellants. All of the Appellants received additional sentences for their non-RICO convictions.

On March 17, 1988, the Appellants were arraigned in Montgomery County for violations of the Pennsylvania Corrupt Organizations Act, 18 Pa.C.S.A. § 911(b)(3) and (4). Additional charges were filed against all of the Appellants, except for Michael Mangini, but are not involved in this appeal.

The state Corrupt Organizations Act violations allege that between October 1, 1968 and May 31, 1987, the Appellants conspired and agreed among themselves and with other persons to participate in the conduct of the Roofers Union’s affairs through a pattern of racketeering activity. The racketeering activity specifically alleged in the state complaint included: (1) criminal coercion; (2) terroristic threats; (3) criminal mischief; (4) witness intimidation; (5) theft by extortion; and (6) criminal conspiracy.

The Appellants filed a motion to dismiss the violations of the Corrupt Organizations Act, which were set forth in Counts 1 and 2 of the state, complaint. Following an evidentiary hearing, the trial court entered an order granting the Appellants’ motion in part and denying it in part. The order stated,

1 With reference to the conduct alleged as part of a scheme to force union contractors to pay minimum monthly dues under the threat of physical and economic harm (100-hour-rule) or make any other payments to or on behalf of the union as part of the scheme to enforce payment of the minimum monthly dues, the court finds that this is part of the same common and continuing scheme as alleged in the federal indictment. The motion to dismiss is granted, therefore, with reference to this particular conduct and all of the predicate acts involving [309]*309this particular conduct are stricken. Commonwealth v. Abbott, 319 Pa.Super. 479, 466 A.2d 644 (1983).
2 With reference to all of the other conduct alleged in the affidavit of probable cause, the court finds that the conduct alleged is neither the same conduct nor part of the same common and continuing scheme as is alleged in the federal indictment, but is different conduct and a separate and distinct scheme from that alleged in the federal indictment. The motion to dismiss is, therefore, denied as to all of that conduct. 18 Pa.C.S. § 111.

The 100-hour-rule referred to the scheme initiated by the Roofers Union in 1985 forcing union contractors to make minimum monthly contributions to the union fund based upon a minimum of 100 hours of work per month. The minimum contribution was imposed regardless of whether the union contractors had worked for 100 hours.

The Appellants contend that the state prosecution for violations of the Corrupt Organizations Act violates the prohibition against double jeopardy embodied in 18 Pa.C.S.A. § 111 and as enunciated by this Court in Commonwealth v. Mills, 447 Pa. 163, 286 A.2d 638 (1971). The Appellants assert that the lower courts’ analysis was faulty in that it focused on the individual acts of racketeering, rather than the overall scheme allegedly advanced by those acts. The Appellants characterize the overall scheme as an attempt to gain power and influence over the roofing industry and Roofers Union through fear, intimidation, and other illegal conduct.

The Commonwealth argues that the pattern of racketeering alleged in the state prosecution is sufficiently distinct from that alleged in the federal prosecution to protect the Appellants from multiple prosecutions for the same crime. In determining whether the Appellants’ acts arose out of the same conduct underlying the former prosecution, the Commonwealth argues for a narrow interpretation of the Appellants’ ultimate scheme. The Commonwealth’s restrictive interpretation of the scheme would permit a subsequent prosecution for violations of the Corrupt Organizations Act [310]

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Commonwealth v. Traitz
597 A.2d 1129 (Supreme Court of Pennsylvania, 1991)

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Bluebook (online)
597 A.2d 1129, 528 Pa. 305, 1991 Pa. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-traitz-pa-1991.