United States v. Local 1804-1, International Longshoremen's Ass'n

44 F.3d 1091, 148 L.R.R.M. (BNA) 2217, 1995 U.S. App. LEXIS 440
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 5, 1995
DocketNo. 556, Docket 94-6152
StatusPublished
Cited by78 cases

This text of 44 F.3d 1091 (United States v. Local 1804-1, International Longshoremen's Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Local 1804-1, International Longshoremen's Ass'n, 44 F.3d 1091, 148 L.R.R.M. (BNA) 2217, 1995 U.S. App. LEXIS 440 (2d Cir. 1995).

Opinions

CALABRESI, Circuit Judge:

In this lengthy postscript to a protracted civil RICO case, defendant Anthony Ciccone appeals from a finding of contempt entered on April 29, 1994, by the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge), and from an enforcement order dated May 24, 1994. The civil contempt finding rested on the District Court’s conclusion that Ciccone had violated two provisions of a consent decree entered into by Ciccone and a number of his co-defendants. First, the Court found that Cic-cone violated the portion of the decree that prohibited him from knowingly and improperly associating with organized crime figures or with individuals barred from participation in union affairs. Second, the Court determined that Ciccone applied for a pension for which he was ineligible- under the terms of the consent decree. Because we interpret the consent decree differently from the District Court, we vacate those portions of the Court’s orders that relate to Cipcone’s associations with- individuals allegedly of prohibited status, and we affirm those portions of the Court’s orders that deal with the pension issue on somewhat different grounds.

BACKGROUND

The consent decree that Ciccone signed arose out of a wide-ranging, multi-defendant civil action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961 et seq., in which- the government sought to eradicate the influence of organized crime in local unions affiliated with the International Longshoremen’s Association (“ILA”) on the New York/New Jersey Waterfront. Although the government attempted to prove the existence of an overarching RICO enterprise, in practical effect the government’s case was broken into relatively discrete units, each targeting a different local union and a different location on the Waterfront. In the portion of the case relevant here, the government tried to prove that Ciccone, an ILA official and a special administrator of Local 1814 in Brooklyn, was affiliated with the Gambino crime family. The government alleged that Ciccone abused his position as special assistant to Local 1814 to embezzle funds from the local, and that Cic-cone ran gambling and loansharking rings [1094]*1094from a social club located near Local 1814’s offices.

On December 17, 1991, during the course of the trial and after the government presented substantial evidence concerning Cic-cone’s ties to organized crime and misuse of his union position, Ciccone and a number of his co-defendants agreed to the entry of a consent decree ending their trial. In the consent decree, Ciccone agreed to significant restrictions on his future activities and associations. In particular, under Paragraph 2(a) of the decree, Ciccone agreed to be enjoined

from committing any act of racketeering activity, as defined in 18 U.S.C. § 1961, and from knowingly and improperly associating with any member or associate of any La Cosa Nostra crime family or any other criminal group, or with any person prohibited from participating in union affairs.

Ciccone further agreed, in Paragraph 9(b) of the decree, to disassociate himself from Local 1814 and the ILA, with limited exceptions relating to job benefits:

On or before March 30, 1992, Anthony Ciccone shall resign from any and all positions, whether elective or appointive, that he currently holds in Local 1814, the ILA, or any other ILA-affiliated entity, including any ILA local union, any ILA district, and any ^ pension or other benefit plan or fund affiliated with any ILA entity. Cic-cone shall not thereafter seek or accept any such position in any such entity or resume any such membership, and shall be permanently barred from any employment by or other participation in the affairs of any entity doing business on the Waterfront. Nothing in this subparagraph, however, shall preclude Ciccone from remaining a member of Local 1814 solely for the purpose of obtaining eligibility for benefits pursuant to the General Cargo Agreement, subject" to the authority of the Monitor herein. Nothing in this provision shall impair Ciceone’s entitlement to any welfare or vested pension or severance benefits.

In November 1993, the government moved for an order to show cause why Ciccone should not be held in contempt for violations of the consent decree. The government’s motion had two bases1. First, the government contended that Ciccone violated Paragraph 2(a) by maintaining regular, systematic contacts both with members of the Gambi-no crime family and with individuals who had been ordered to refrain from participation in union affairs. In support of its contention, the government submitted an affidavit of a federal agent who had conducted an ongoing surveillance of Ciccone. The affidavit and supporting exhibits detailed numerous contacts between Ciccone and alleged organized crime figures, as well as contacts between Ciccone and individuals barred from participation in union affairs. Many of these contacts occurred at Ciccone’s social club and at other social clubs reputed to be gathering points for Gambino family associates; on at least one occasion, Ciccone was observed leaving Local 18.14’s offices in the company of an alleged Gambino soldier. In response to the government’s evidence, Ciccone denied generally that the individuals with whom he had been seen were involved in organized crime; he did not dispute, however, that he met on a number of occasions with individuals barred from involvement in the union. Ciccone’s principal contention was that even if he had knowingly associated with organized crime figures and individuals prohibited from taking part in union affairs, there was no evidence that his association with those individuals was improper.

Second, the government contended that Ciccone violated Paragraph 9(b) by seeking a benefit from the union to which he was not entitled. In late March 1992, Ciccone applied to' the New York Shipping Association (“NYSA”) — ILA pension fund for a “window period pension.” The window period pension, an early retirement incentive plan, had been available to active employees over the age of 55, with 25 or more years of experience, who withdrew from the industry between December 1, 1990, and January 31, 1991. Ciccone, who had the requisite experience and was over the age of 55 throughout this period, did not withdraw from the industry during the window period, but rather remained in the industry’until he was required to withdraw, pursuant to the consent decree, in March 1992. Although Ciccone’s [1095]*1095application therefore was untimely, Ciccone sought a waiver. Ciccone’s application was denied by the pension fund trustees and, after á split vote on appeal to the NYSA-ILA Contract Board, was to be submitted to arbitration. The government then obtained an injunction against the arbitration and filed its contempt motion, contending that Paragraph 9(b) clearly established Ciccone’s ineligibility for the window period pension, and that his application and appeal constituted improper participation in union affairs. Cic-cone responded that Paragraph 9(b) established his eligibility for the pension, or at least that the paragraph was ambiguous.

On review of the government’s motion and Cieeone’s response, the District Court concluded that Cieconé had violated both Paragraph 2(a) and Paragraph 9(b) of the consent decree.

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Bluebook (online)
44 F.3d 1091, 148 L.R.R.M. (BNA) 2217, 1995 U.S. App. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-local-1804-1-international-longshoremens-assn-ca2-1995.