United States v. Wilford

710 F.2d 439
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 22, 1983
DocketNos. 82-1185 to 82-1188
StatusPublished
Cited by14 cases

This text of 710 F.2d 439 (United States v. Wilford) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Wilford, 710 F.2d 439 (8th Cir. 1983).

Opinion

LAY, Chief Judge.

Harry J. Wilford was convicted of conspiracy to obtain property by extortion in violation of the Hobbs Act, 18 U.S.C. § 1951 (1976), three misdemeanor offenses of unlawfully demanding or receiving money on behalf of a labor union in violation of the Labor Management Relations Act, 29 U.S.C. § 186(b)(1) (1976), and five misdemeanor offenses of demanding or accepting a fee for the unloading of a vehicle employed in commerce in violation of 29 U.S.C. § 186(b)(2) (1976) and 18 U.S.C. § 2 (1976). Everett G. Dague was convicted of conspiracy in violation of 18 U.S.C. § 1951, four substantive counts of extortion, one count of unlawfully demanding or receiving funds on behalf of a labor union, and three counts [442]*442of demanding or accepting an unloading fee. Herman J. Casten was convicted of one count of conspiracy in violation of 18 U.S.C. § 1951, one count of extortion, one count of receiving funds on behalf of a labor union, and two counts of demanding or accepting an unloading fee. Herman B. Boeding was convicted of conspiracy in violation of 18 U.S.C. § 1951, five counts of extortion, three counts of unlawfully receiving funds on behalf of a labor union, and five counts of unlawfully demanding an unloading fee.1 These appeals followed. We affirm.

Facts.

Wilford was the secretary/treasurer and chief executive officer of the Cedar Rapids, Iowa local (Local 238) of the Teamsters Union. Dague and Casten were business agents for the local. Boeding, unlike the other three defendants, was not an officer or an employee of the local; he was, however, a member of Local 238.

The defendants’ indictment and convictions stem from their activities at a waste treatment construction site in Cedar Rapids. Darin and Armstrong, Inc. (D & A) was the general contractor at the site, and the defendant Boeding was employed by D & A as a truck driver on the site. Construction began in 1976. Sometime during that year, Boeding began stopping over-the-road trucks coming into the site to deliver materials, and “carding” the driver of each truck — asking him if he belonged to a union. If the driver belonged to a union, he was allowed to drive his truck onto the site and have it unloaded. If the driver indicated that he belonged to no union, Boeding. , informed him that his truck would not be unloaded by anyone on the construction site2 unless he joined Local 238. Most drivers, confronted with this choice, agreed to join Local 238 rather than leave the site without having their trucks unloaded. When a non-union driver agreed to join, Boeding would contact Dague or Casten, two of the union’s business agents, at the union’s offices. Dague or Casten would then come out to the site, fill in the driver’s application for membership, request and accept a payment of $49 from the driver (for initiation fee and first month’s dues), and provide the driver with a receipt. Later the union would mail the driver a computerized receipt and a membership card. As secretary and treasurer of the union, Wilford endorsed all checks received from the drivers, and signed the membership cards received by each driver.3

On some occasions when a non-union driver either refused or was unable to pay the fee to join Local 238, a representative of D & A would pay the fee for the driver, in order to complete the delivery of the driver’s materials to the site and avoid delays. At least one driver refused to pay the fee, and left the site without having been unloaded. •

The National Labor Relations Board began investigating the situation at the D & A site in April 1978, after a non-union driver filed a complaint with the NLRB about the defendants’ activities. Although the NLRB filed suit to enjoin the union’s activities, the NLRB and the union eventually entered into a formal settlement stipulation in which the union did not concede that its [443]*443members had committed any illegal acts, but agreed that its members would stop carding incoming trucks on the D & A site, The union also agreed to refund membership fees to several drivers.4

The NLRB then recommended to the Department of Justice that it investigate the conduct of the union officials for violation of criminal statutes. The Department’s investigation resulted in a 16-count indictment against the defendants, charging them with conspiracy and substantive violations of the Hobbs Act5 and with violations of two provisions of the Labor Management Relations Act, 29 U.S.C. § 186(b)(1) and § 186(b)(2).6

I. The Hobbs Act Convictions.

A. The Substantive Charge.

The defendants argue that their conduct did not come within the definition of “extortion” in the Hobbs Act, 18 U.S.C. § 1951, [444]*444and therefore that the trial court erred in denying the defendants’ motion for acquittal of all Hobbs Act charges.7

In United States v. Enmons, 410 U.S. 396, 400-01, 93 S.Ct. 1007, 1009-10, 35 L.Ed.2d 379 (1973), the Supreme Court held that “wrongful,” as that term is used in section 1951(b)(2) to define “extortion,” has meaning in the Hobbs Act “only if it limits the statute’s coverage to those instances where the obtaining of the property would itself be ‘wrongful’ because the alleged extortionist has no lawful claim to that property.” 410 U.S. at 400, 93 S.Ct. at 1009.8 The Court concluded that the use of violence during the course of a lawful strike for higher wages was not prohibited by the Hobbs Act.

The defendants in this case argue that they were pursuing two legitimate labor objectives: (1) the defendants were enforcing their rights under the collective bargaining agreement in force at the D & A site, which stated that “[a]ll truck driving is the jurisdiction of the Teamsters Union”; and (2) the defendants were soliciting membership in the Teamsters Union and organizing those members. Because these were their objectives, and because these are “legitimate labor objectives,” the defendants argue, they may not be prosecuted under the Hobbs Act, because their use of actual or threatened force, violence, or fear was not “wrongful.”9 The government counters on appeal that the defendants’ actions “constituted an attempt to bolster Local 238’s treasury by wrongfully taking money from transient truckers under the guise of obtaining ‘union dues.’ ”

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710 F.2d 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wilford-ca8-1983.