United States v. Salvatore Battaglia and Dave Evans

394 F.2d 304, 1968 U.S. App. LEXIS 8488
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 9, 1968
Docket16313_1
StatusPublished
Cited by50 cases

This text of 394 F.2d 304 (United States v. Salvatore Battaglia and Dave Evans) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Salvatore Battaglia and Dave Evans, 394 F.2d 304, 1968 U.S. App. LEXIS 8488 (7th Cir. 1968).

Opinions

CUMMINGS, Circuit Judge.

In February 1967, defendants Dave Evans, Salvatore Battaglia and Joseph Amabile were indicted for conspiring with each other and with non-defendant Rocco Pranno to violate the Hobbs Act.1 The gist of the conspiracy charge was that defendants obtained $48,500 from the Riley Management Corporation by extortion. As required by the statute, the indictment also charged that the conspiracy affected interstate commerce, particularly with respect to that firm’s construction of the King Arthur Apartments in Lansing, Illinois. The three defendants were found guilty by a jury. Evans’ and Battaglia’s appeals were heard together and are disposed of in this opinion. Amabile’s appeal has not yet been heard.

Because Evans and Battaglia assail the sufficiency of the evidence, it must be summarized in some detail, viewed in the light most favorable to the Government. The evidence showed that William Riley was president of the Riley Management Corporation and that his company was building the King Arthur Apartments in Lansing, Illinois. Since 1962, defendant Evans had been one of his superintendents of construction and was assigned to the Lansing job in June 1964. At that time Riley and Evans discussed letting the sewer contracts for the Lansing apartments. Riley told Evans to line up subcontractors but to keep it secret “from the boys in Mel-rose Park,” specifically from defendant Amabile (also known as Joe Shine) and from Nick Palermo. Riley told Evans that if Amabile and Palermo learned of the project, Riley would quite possibly be forced to use them again as subcontractors. Amabile had been connected with earlier Riley projects and had on several occasions threatened Riley and his family. Evans promised to keep the King Arthur Apartment information from Amabile and Palermo. However, a few [308]*308days later, Riley was requested to go to the office of the Melrose Park Plumbing Company to meet Nick Palermo. Riley acceded. Both Palermo and Amabile were at the meeting. Palermo insisted on their receiving the plumbing contract for the Lansing project. Amabile said that otherwise he would stop Riley’s other apartment building projects underway in Northlake and Westmont, Illinois, and that Riley “would be walking the streets with a candy cane.” They told him they knew where Riley’s mother lived and where his children went to school and that they had a baseball bat to handle “wise guys” like him.

A few days later, Riley complained to Evans about the leak to Amabile and Palermo. Riley told Evans that the Mel-rose Park group was not to receive any Lansing work from Riley Management Corporation. In August 1964, Riley instructed Evans to obtain a sewer contractor that was “foreign” to Amabile and Palermo.

Amabile had told Mike DiVito, a sewer contractor, that Amabile could not get the Lansing sewer work if DiVito’s name were to be on the contract. Amabile advised DiVito and co-conspirator Rocco Pranno to come up with “a good clean fellow” if they were to obtian the business. They suggested Henry La-Key, an experienced construction foreman. In September 1964, La-Key was hired by Pranno and DiVito as construction superintendent for a brand-new firm, Carlson Construction Company, with the title of president.

DiVito said he and Pranno met with Evans and Amabile at Amabile’s apartment in mid-September.2 Pranno explained to Amabile that La-Key was “clean,” but Amabile said that before giving Pranno and DiVito the Lansing sewer job he wanted $20,000 in cash. After looking at Evans’ figures, DiVito told Pranno that there would be $20,000 in cash above Pranno’s and DiVito’s costs and profits for the job. Thereupon Pranno told Amabile that he would give him the $20,000 in cash and Amabile accepted the deal. Afterwards, Pranno told DiVito that Evans was Amabile’s “guy” and that DiVito should never say anything in front of Evans because it would get back to Amabile.

La-Key testified that he attended a September meeting at Amabile’s apartment with Evans, DiVito and Amabile. Amabile said that he was giving the Lansing sewer job to DiVito and Pranno and eared about nothing except getting his $20,000 “off . the top.” In La-Key’s presence, DiVito later relayed the message to Pranno about Amabile’s demand for $20,000. Pranno directed La-Key and DiVito to meet with Amabile and Evans at the El Morocco lounge. At that meeting DiVito told Amabile that there would not be enough money in the contract to pay him $20,000 “off the top.” Amabile then instructed Evans to figure a way to obtain more money from the job. Evans tore up the original contract and wrote a new contract, raising the price from $150,000 to $199,600.

Pranno gave DiVito and La-Key approximately $13,000 to open a bank account for Carlson. In September 1964, Evans advised Riley that he had selected the Carlson Construction Company as the sewer contractor, that its reputation was excellent, and that it was operated by Henry La-Key. Thereafter, Carlson Construction Company was awarded the sewer contract for about $150,000, to be paid directly to Carlson by a suburban savings and loan association through pay-out slips issued by Riley’s company. Carlson commenced the Lansing work in September or October 1964.

In mid-October, Evans told La-Key that the only contracts Evans let at Lansing were the ones Amabile told him to. Evans told La-Key that he did not want Riley to know that Evans knew Amabile. In November, Amabile told La-Key that Evans worked for Amabile, that Amabile had placed Evans in Riley’s office, and that Evans would do whatever Amabile told him to do.

[309]*309Before making the first draw from the savings and loan association, La-Key told Amabile that the draw would be for $57,000. The next day, Amabile and Le-Key drove to the hospital where Evans was a patient. Amabile told La-Key that Amabile was going to give $5,000 to Evans as his cut on the job, instead of $7,500. At the hospital Amabile gave Evans a “wad of bills.” Evans reduced the estimate for the first draw by approximately $10,000.

On November 12, 1964, La-Key received the first draw for $47,517.97 from the savings and loan association. He deposited $39,000 in Carlson’s payroll account, retained $517 for his wages, and gave $8,000 to Rocco Pranno. Three days later, on Amabile’s instructions, he drew out $20,000 from Carlson’s account and gave it to Amabile.

In late November or early December, La-Key accompanied Amabile to a farm in Pingree Grove, Illinois, where Ama-bile introduced La-Key to Battaglia as “running the job for them” in Lansing, Illinois. La-Key heard Battaglia ask Amabile why Evans was getting “that kind of money.” Amabile explained that he had made a deal with Evans who had “got us the job.” Amabile also said he had promised Evans $7,500 and that he would take care of it. The next morning La-Key mentioned to Evans that he had been at Battaglia’s farm, and Evans warned him not to talk about it. Later, Pranno explained to Amabile that La-Key should not have been taken to the farm. When Pranno attemped to hit La-Key, Amabile stopped him, saying that he had La-Key down to the farm and that “the man [Battaglia] says he is OK.”

Prior to the first draw, Pranno, Di-Vito and La-Key borrowed $5,000 because Carlson had run short of money. Pranno gave $4,500 of this amount to La-Key to deposit for Carlson. This loan was not repaid by January 1965. Later that month Pranno told Amabile about this in DiVito’s presence and asked Ama-bile to locate La-Key so that the loan could be repaid.

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394 F.2d 304, 1968 U.S. App. LEXIS 8488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-salvatore-battaglia-and-dave-evans-ca7-1968.