Joseph Olivieri, Former Trustee of Carpenters Union Benefit Funds, Found Guilty in Manhattan Federal Court of Perjury
|U.S. Attorney’s Office October 28, 2010|
PREET BHARARA, the United States Attorney for the Southern District of New York, JANICE K. FEDARCYK, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation ("FBI"), and MARJORIE FRANZMAN, the Special Agent-in-Charge for the New York Regional Office of the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations ("DOL-OIG"), announced that JOSEPH OLIVIERI was found guilty yesterday of perjury after a one-week jury trial before U.S. District Judge VICTOR MARRERO.
OLIVIERI is the former executive director of the Association of Wall, Ceiling, and Carpentry Industries of New York (the "Wall and Ceiling Association") and a former trustee of the benefit funds managed for the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners (the "Carpenters Union"). According to the evidence presented at trial, OLIVIERI lied under oath about his ties to the Genovese Organized Crime Family, as well as his ties to a union contractor that was defrauding the Carpenters Union benefit funds while OLIVIERI was a trustee.
Late yesterday, OLIVIERI was found guilty of one count of perjury, for testimony he gave during a deposition taken in a Civil RICO case brought by the U.S. Attorney’s Office for the Southern District of New York against the Carpenters Union. He is the 10th defendant found guilty in this case, and is the only one who went to trial.
As a result of the guilty verdict, OLIVIERI, 56, faces a maximum sentence of five years in prison. OLIVIERI is scheduled to be sentenced by Judge MARRERO on January 21, 2011, at 3:30 p.m.
Manhattan U.S. Attorney PREET BHARARA said: "This conviction successfully concludes a massive corruption case involving one of New York City’s largest unions. The Carpenter’s Union now has the opportunity to move forward with a clean slate under new leadership. We hope the message of this prosecution and verdict is clear: If you abuse your position as a union boss to break the law, we will find you, prosecute you, and convict you."
FBI Assistant Director-in-Charge JANICE K. FEDARCYK said: "Olivieri attempted, but failed, to mask his association with the Genovese Organized Crime Family and a dishonorable union contractor. Yesterday's guilty verdict represents a dual victory; weeding out corruption in the New York City Carpenter's Union and removing a crooked trustee of the benefit funds."
DOL-OIG Special Agent-in-Charge MARJORIE FRANZMAN said: "This conviction sends a clear message that those company officials, who serve as employer trustees to union-sponsored benefit plans, cannot abuse their positions of trust. We will continue to work with our law enforcement partners to investigate organized crime’s influence involving labor-management relations."
The nine other defendants in this case who previously pled guilty are:
MICHAEL FORDE, 56, the former Executive Secretary Treasurer of the District Council (its top position), pled guilty on July 28, 2010, to one count of racketeering conspiracy and one count of racketeering. FORDE is scheduled to be sentenced on November 19, 2010, at 3:30 p.m.
MICHAEL BRENNAN, 54, of Bushkill, Pennsylvania, who was a union shop steward, pled guilty on July 6, 2010, to the Indictment's RICO count, and specifically to racketeering acts involving the acceptance of cash bribes and obstruction of justice. He is scheduled to be sentenced on December 17, 2010, at 1:30 p.m.
JOHN GREANEY, 50, of Yonkers, New York, the former president and business manager of Local 608, pled guilty on July 16, 2010, to one count of racketeering conspiracy, one count of racketeering, four counts of wire-fraud conspiracy, four counts of deprivation of honest services, two counts of unlawful acceptance of payments by a labor representative, and one count of perjury. He is scheduled to be sentenced on December 17, 2010, at 3:30 p.m.
BRIAN CARSON, 50, of Bronx, New York, who was a union shop steward, pled guilty on April 5, 2010, to one count of aiding and abetting the embezzlement of monies from union benefit funds. CARSON was previously sentenced to 19 months in prison.
BRIAN HAYES, 39, a former business agent of Local 608, pled guilty on August 20, 2010, to one count of racketeering conspiracy. HAYES is scheduled to be sentenced on December 3, 2010, at 3:00 p.m.
FINBAR O'NEILL, 44, of Paramus, New Jersey, who is a contractor, pled guilty on May 20, 2010, to one count of making unlawful payments to labor representatives, and one count of conspiracy to make such unlawful payments. He is scheduled to be sentenced on November 19, 2010.
JOSEPH RUOCCO, 50, of East Stroudsburg, Pennsylvania, who was a union shop steward, pled guilty on July 8, 2010, to one count of aiding and abetting the embezzlement of monies from union benefit funds. He is scheduled to be sentenced on December 17, 2010, at 3:30 p.m.
JOHN STAMBERGER, 53, of Brick, New Jersey, who was a union shop steward, pled guilty on March 12, 2010, to conspiracy to commit wire fraud, and unlawful acceptance of payments by a labor representative. He is scheduled to be sentenced on December 17, 2010, at 3:00 p.m.
MICHAEL VIVENZIO, 62, of Mahwah, New Jersey, who was a union shop steward, pled guilty on June 23, 2010, to one count of aiding and abetting the embezzlement of monies from union benefit funds. He is scheduled to be sentenced on November 12, 2010, at 2:30 p.m.
All defendants except BRIAN CARSON and JOHN GREANEY are currently out on bail, and will be sentenced by Judge MARRERO.
Three open counts were severed from the perjury charge, with the consent of the Government, and remain pending against JOSEPH OLIVIERI. The additional charges contained in the Indictment are merely accusations, and OLIVIERI is presumed innocent as to those charges unless and until proven guilty.
Mr. BHARARA praised the FBI and the DOL-OIG for their outstanding work in investigating this case.
The prosecution is being handled by the Office's Organized Crime Unit. Assistant U.S. Attorneys LISA ZORNBERG and MARK LANPHER are in charge of the prosecution.