Bernardone/Ianniello/Zarzana Indictment

8/2/2019 Bernardone/Ianniello/Zarzana Indictment

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EMN: NMA/ JMK/ AHF.#2008R00052UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK

E NUNITED STATES OF AMERICA- against - Cr. No.(T. 18, U.S.C., 664,

894 (a)(1), 981 (a)(1)(C),1512 (c) (2), 1512 (k),1951 (a), 1955 (a), 1955 (d),1962 (d), 1963, 1963 (a) r1963(m), 2 and 3551 etseq. iT. 21, U.S .C. ,s 853 (p) i T. 28, U.S.C.,s 2461 (c))

CONRAD IANNIELLO,JAMES BERNARDONE,also known as "Jamie,"RYAN ELLIS,

ROBERT FIORELLO,also known as "Bobby,"

PAUL GASPARRINI,also known as "Paulie,"RODNEY JOHNSON,

FELICE MASULLO,WILLI]I...MANZERA,

also known as "Billy,"ROBERT SCALZA,JOHN SQUITIERI andSALVESTER ZARZANA,

also known as "Sal,"

Defendants.- - X

THE GRAND JURY CHARGES:INTRODUCTION TO ALL COUNTS

At all times relevant to this Indictment, unlessotherwise indicated:

The Enterprise1. The members and associates of the Genovese

organized crime family of La Cosa Nostra constituted an"enterprise," as defined in Title 18, United States Code, Section1961(4), that is, a group of individuals associated in fact


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(hereinafter the "Genovese crime family" and the "enterprise").The enterprise constituted an ongoing organization whose membersfunctioned as a continuing unit for a common purpose of achievingthe objectives of the enterprise. The Genovese crime familyengaged in, and its activities affected, interstate and foreigncommerce. The Genovese crime family was an organized criminalgroup that operated in the Eastern District of New York andelsewhere.

families.2. La Cosa Nostra operated through organized crimeFive of these crime families - the Bonanno, Colombo,

Gambino, Genovese and Luchese crime families - were headquarteredin New York City, and supervised criminal activity in New York,in other areas of the United States and, in some instances, inother countries. Another crlme family, the Decalvacante crimefamily, operated principally in New Jersey, but from time to timealso in New York City.

3. The ruling body of La Cosa Nostra, known as the"Commission," consisted of leaders from each of the crimefamilies. The Commission convened from time to time to decidecertain issues affecting all of the crime families, such as rulesgoverning crime family membership.

4. The Genovese crime family had a hierarchy andstructure. The head of the Genovese crime family was known asthe "boss." The Genovese crime family boss was assisted by an

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"underboss" and a counselor known as a "consigliere." Together,the boss, underboss and consigliere were the crime family's"administration." with the assistance of the underboss andconsigliere, the boss was responsible for, among other things,setting policy and resolving disputes within and between La CosaNostra crime families and other criminal groups. Theadministration further supervised, supported, protected anddisciplined the lower-ranking participants in the crime family.In return for their supervision and protection, theadministration received part of the illegal earnings generated bythe crime family. Members of the Genovese crime family served inan "acting" rather than "official/l capacity in the administrationon occasion due to another administration member's incarcerationor ill health, or for the purpose of seeking to insulate anotheradministration member from law enforcement scrutiny. Further, onoccasion, the Genovese crime family was overseen by a "panel" ofcrime family members that did not include the boss, underbossand/or consigliere.

5. Below the administration of the Genovese crimefamily were numerous "crews," also known as "regimes" and"decinas." Each crew was headed by a "captain," also known as a"skipper," "caporegime" and "capodecina./I Each captain's crewconsisted of "soldiers" and "associates." The captain wasresponsible for supervising the criminal activities of his crew

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and providing the crew with support and protection. In returnrthe captain often received a share of the crew's earnings.

6. Only members of the Genovese crime family couldserve as a boss, underboss, consigliere, captain or soldier.Members of the crime family were referred to on occasion as"goodfellas" or "wiseguys,1I or as persons who had been"straightened out" or who had their "button." Associates wereindividuals who were not members of the crime family, but whononetheless engaged in criminal activity for, and under theprotection of, the crime family.

7. Many requirements existed before an associate couldbecome a member of the Genovese crime family. The Commission ofLa Cosa Nostra from time to time limited the number of newmembers that could be added to a crime family. An associate wasalso required to be proposed for membership by an existing crimefamily member. When the crime family's administration consideredthe associate worthy of membership, the administration thencirculated the proposed associate's name on a list given to otherLa Cosa Nostra crime families, which the other crime familiesreviewed and either approved or disapproved. Unless there was anobjection to the associate's membership, the crime family then"inducted,rt or \\straightened out," the associate as a member ofthe crime family in a secret ceremony. During the ceremony, theassociate, among other things: swore allegiance for life to the

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crime family above all elset even the associatets own family;swore, on penalty of death, never to reveal the crime family'sexistence, criminal activities and other secretsj and swore tofollow all orders issued by the crime family bosst includingswearing to commit murder if the boss directed it.

Methods and Means of the Enterprise8. The principal purpose of the Genovese crlme family

was to generate money for its members and associates. Thispurpose was implemented by members and associates of the Genovesecrime family through various criminal activities, includingextortion, fraud, briberYt illegal gambling and loansharking.The members and associates of the Genovese crime family alsofurthered the enterprise's criminal activities by threateningeconomic injury and using and threatening to use physicalviolencel including murder.

9. Although the primary purpose of the Genovese crimefamily was to generate money for its members and associates I themembers and associates at times used the resources of the familyto settle personal grievances and vendettas, sometimes with theapproval of higher-ranking members of the family. For thosepurposes/ members and associates of the enterprise were asked andexpected to carry out, among other crimes, acts of violence/including murder and assault.

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10. The members and associates of the Genovese crimefamily engaged in conduct designed to prevent governmentdetection of their identities, their illegal activities and thelocation of proceeds of those activities. That conduct includeda commitment to murdering persons, particularly members orassociates of organized crime families, who were perceived aspotential witnesses against members and associates of theenterprise.

11. Members and associates of the Genovese crimefamily often coordinated criminal activity with members andassociates of other organized crime families.

The Defendants12. The defendants JAMES BERNARDONE, also known as

\\Jamie," RYAN ELLIS, PAUL GASPARRINI, also known as "Paulie,"CONRAD IANNIELLO, WILLIAM PANZERA, also known as "Billy," andROBERT SCALZA participated in the operation and management of theenterprise.

13. At various timesl the defendant CONRAD IANNIELLOwas a captain, acting captain, soldier and associate within theGenovese crime family.

14. At various timesl the defendant JAMES BERNARDONEIalso known as "Jamiel II was a soldier and associate within theGenovese crime family.

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15. At various times, the defendants RYAN ELLIS, PAULGASPARRINI, also known as "Paulie,1I WILLIAM PANZERA, also knownas "Billy,1I and ROBERT SCALZA were associates within the Genovesecrime family.

COUNT ONE(Racketeering Conspiracy)

16. The allegations contained in paragraphs 1 through15 are realleged and incorporated as if fully set forth in thisparagraph.

17. In or about and between August 2006 andFebruary 2009, both dates being approximate and inclusive, withinthe Eastern District of New York and elsewhere, the defendantsJAMES BERNARDONE, also known as "Jamie,1I RYAN ELLIS, PAULGASPARRINI, also known as "Paulie,1I CONRAD IANNIELLO and ROBERTSCALZA, together with others, being persons employed by andassociated with the Genovese crime family, an enterprise engagedin, and the activities of which affected, interstate and foreigncommerce, did knowingly and intentionally conspire to violateTitle 18/ United States Code, Section 1962(c), that is, toconduct and participate, directly and indirectly, in the conductof the affairs of that enterprise through a pattern of

racketeering activity, as defined in Title 18, United StatesCode, Sections 1961(1) and 1961(5), consisting of theracketeering acts set forth below. Each defendant agreed that a

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conspirator would commit at least two acts of racketeering in theconduct of the affairs of the enterprise.

RACKETEERING ACT ONE(Extortion Conspiracy/Extortion - 21st Street site)

18. The defendants JAMES BERNARDONE and PAULGASPARRINI agreed to the commission of the following acts, anyone of which alone constitutes Racketeering Act One:

A. Extortion Conspiracy19. In or about and between August 2006 and September

2007, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE and PAUL GASPARRINI, together with others, didknowingly and intentionally conspire to obstruct, delay andaffect commerce, and the movement of articles and commodities incommerce, by extortion, in that the defendants and others agreedto obtain property, to wit: money relating to.the work of JohnDoe #1, an individual whose identity is known to the Grand Jury,at a construction site located on 21st Street ln New York, NewYork, from John Doe #1, with his consent, which consent was to beinduced through wrongful use of actual and threatened force,violence and fear, in violation of Title 18, united States Code,Section 1951{a).

B. Extortion20. In or about and between August 2006 and September

2007, both dates being approximate and inclusive, within the

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Eastern District of New York and elsewheret the defendants JAMESBERNARDONE and PAUL GASPARRINIt together with otherst didknowingly and intentionally obstructt delay and affect commercetand the movement of articles and commodities in commerce, byextortion, in that the defendants and others obtained propertytto wit: money relating to John Doe #l's work at a constructionsite located on 21st Street in New York, New York, from John Doe#1, with his consent, which consent was induced through wrongfuluse of actual and threatened force, violence and fear, inviolation of Title 18, United States Codet Sections 1951(a) and2.

C. New York Penal Law Extortion21. In or about and between August 2006 and September

2007, both dates being approximate and inclusive, within theEastern District of New York and elsewheret the defendants JAMESBERNARDONE and PAUL GASPARRINI, together with others, didknowingly and intentionally steal property by extortion, in thatthe defendants and others obtained property, to wit: moneyrelating to John Doe #lts work at a construction site located on21st Street ln New York, New York, by compelling and inducingJohn Doe #1 to deliver such property by instilling in him a fearthat, if the property was not so deliveredt one or more personswould (1) cause physical injury to one or more persons in thefuturet (2) cause damage to property and (3) perform an act which

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would not in itself materially benefit the defendants, but whichwas calculated to harm John Doe #1 materially with respect to hishealth, safety, business/ calling, career, financial condition,reputation and personal relationships, in violation of New YorkPenal Law Sections 155.30 (6), 155.05 (2)(e)(i), 155.05 (2)(e)(ii),155 .05 (2)(e)(ix) and 20.00.

RACKETEERING ACT TWO(Extortion Conspiracy/Extortion - Flatbush Avenue Site)

22. The defendants JAMES BERNARDONE and PAULGASPARRINI agreed to the commission of the following acts/ anyone of which alone constitutes Racketeering Act Two:

A. Extortion Conspiracy23. In or about and between June 2007 and December

2007, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE and PAUL GASPARRINI, together with others, didknowingly and intentionally conspire to obstruct/ delay andaffect commerce, and the movement of articles and commodities lncommerce, by extortion, in that the defendants and others agreedto obtain property, to wit: money relating to John Doe #1's workat a construction site located at the intersection of GoldStreet, Johnson Street and Flatbush Avenue in Brooklyn, New York,from John Doe #1/ with his consent/ which consent was to be

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induced through wrongful use of actual and threatened force,violence and fear, in violation of Title 18, United states Code,Section 1951(a).

Extortion24. In or about and between June 2007 and December


B.

Eastern District of New York and elsewhere, the defendants JAMESBERNARDONE and PAUL GASPARRINI, together with others, didknowingly and intentionally obstruct, delay and affect commerce,and the movement of articles and commodities in commerce, byextortion, in that the defendants and others obtained property,to wit: money relating to John Doe #l's work at a constructionsite located at the intersection of Gold Street, Johnson Streetand Flatbush Avenue in Brooklyn, New York, from John Doe #1, withhis consent, which consent was induced through wrongful use ofactual and threatened force, violence and fear, in violation ofTitle 18, United States Code, Sections 1951(a) and 2.

C. New York Penal Law Extortion25. In or about and between June 2007 and December

2007, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE and PAUL GASPARRINI1 together with others, didknowingly and intentionally steal property by extortion, in thatthe defendants and others obtained property, to wit: money

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relating to John Doe #l's work at a construction site located atthe intersection of Gold Street, Johnson Street and FlatbushAvenue In Brooklyn, New York, by compelling and inducing JohnDoe #1 to deliver such property by instilling in him a fear that,if the property was not so delivered, one or more persons would(1) cause physical injury to one or more persons in the future,(2) cause damage to property and (3) perform an act which wouldnot in itself materially benefit the defendants, but which wascalculated to harm John Doe #1 materially with respect to hishealth, safety, business, calling, career, financial condition,reputation and personal relationships, in violation of New YorkPenal Law Sections 155.30 (6), 155.05 (2) (e)(i), 155.05 (2) (e)(ii),155.05 (2)(e)(ix) and 20.00.

~~CKETEERING ACT THREE(Extortion Conspiracy/Extortion - Ditmars Boulevard Site)

26. The defendant PAUL GASPARRINI "agreed to thecommission of the following acts, anyone of which aloneconstitutes Racketeering Act Three:

A. Extortion Conspiracy27. In or about and between April 2007 and April 2008,

both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendant PAULGASPARRINI, together with others, did knowingly and intentionallyconspire to obstruct, delay and affect commerce, and the movementof articles and commodities In commerce, by extortion, in that

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the defendant and others agreed to obtain property, to wit: moneyrelating to John Doe #l's work at a construction site located onDitmars Boulevard in Queens, New York, from John Doe #1, with hisconsent, which consent was to be induced through wrongful use ofactual and threatened force, violence and fear, in violation ofTitle 18, United States Code, Section 1951(a).

B. Extortion28. In or about and between April 2007 and April 2008,

both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendant PAULGASPARRINI, together with others, did knowingly and intentionallyobstruct, delay and affect commerce, and the movement of articlesand commodities in commerce, by extortion, in that the defendantand others obtained property, to wit: money relating to John Doe#l's work at a construction site located on Ditmars Boulevard inQueens, New York, from John Doe #1, with his consent, whichconsent was induced through wrongful use of actual and threatenedforce, violence and fear, in violation of Title 18, United StatesCode, Sections 1951(a) and 2.

C. New York Penal Law Extortion29. In or about and between April 2007 and April 2008,

both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendant PAULGASPARRINI, together with others, did knowingly and intentionally

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steal property by extortion, In that the defendant and othersobtained property, to wit: money relating to John Doe #l's workat a construction site located on Ditmars Boulevard in Queens,New York, by compelling and inducing John Doe #1 to deliver suchproperty by instilling in him a fear that, if the property wasnot so delivered! the one or more persons would (1) causephysical injury to one or more persons in the future, (2) causedamage to property and (3) perform an act which would not initself materially benefit the defendant, but which was calculatedto harm John Doe #1 materially with respect to his health,safety, business, calling, career, financial condition,reputation and personal relationships, in violation of New YorkPenal Law Sections 155.30 (6), 155.05 (2) (e) (L) , 155.05 (2) (e)(ii),155.05(2) (e)(ix) and 20.00.

RACKETEERING ACT FOUR(Illegal Gambling)

30. In or about and between April 200B and July 200B,both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendants RYAN ELLIS andCONRAD IANNIELLO, together with others, did knowingly andintentionally conduct, finance, manage, supervise, direct and ownall or part of an illegal gambling business, to wit: a gamblingbusiness involving bookmaking, which operated in violation of thelaws of the State of New York, to wit: New York Penal LawSections 225.05, 225.10(1) and 20.00, which involved five or more

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persons who conducted, financed, managed, supervised, directedand owned all or part of such business and which remained insubstantially continuous operation for a period ln excess of 30days and had a gross revenue of at least $2,000 in any singleday, in violation of Title 18, United States Code, Sections1955(a) and 2.

RACKETEERING ACT FIVE(Extortion Conspiracy/Extortion - Labor Union)31. The defendants RYAN ELLIS, CONRAD IANNIELLO and

ROBERT SCALZA agreed to the commission of the following acts, anyone of which alone constitutes Racketeering Act Five:

A. Extortion Conspiracv32. In or about and between April 2008 and May 2008,

both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendants RYAN ELLIS,CONRAD IANNIELLO and ROBERT SCALZA, together with others, didknowingly and intentionally conspire to obstruct, delay andaffect commerce, and the movement of articles and commodities incommerce, by extortion, in that the defendants and others agreedto obtain property, to wit: a labor union's right to conductbusiness, including organizing activities and the solicitation ofnew members, from a labor union, with the consent of such laborunion, its officers, agents and representatives, including JohnDoe #2, an individual whose identity is known to the Grand JurYi

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which consent was to be induced through wrongful use of actualand threatened force, violence and fear, in violation of Title18, United States Code, Section 1951(a) .

B. Extortion33. In or about and between April 2008 and May 2008,

both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendants RYAN ELLIS,CONRAD IANNIELLO and ROBERT SCALZA, together with others, didknowingly and intentionally obstruct, delay and affect, andattempt to obstruct, delay and affect, commerce, and the movementof articles and commodities in commerce, by extortion, in thatthe defendants and others obtained property and attempted toobtain property, to wit: a labor union's right to conductbusiness, including organizing activities and the solicitation ofnew members, from a labor union, with consent of such laborunion, its officers, agents and representatives, including JohnDoe #2, which consent was induced through wrongful use of actualand threatened force, violence and fear, in violation of Title18, United States Code, Sections 1951(a) and 2.

C. New York Penal Law Extortion34. In or about and between April 2008 and May 2008,

both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendants RYAN ELLIS,CONRAD IANNIELLO and ROBERT SCALZA, together with others, did

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knowingly and intentionally steal property by extortion, In thatthe defendants and others obtained property! to wit: a laborunion!s right to conduct business, including organizingactivities and the solicitation of new members! by compelling andinducing such labor union, its officers, agents andrepresentatives, including John Doe #2, to deliver such propertyby instilling in them a fear that, if the property was not sodelivered, one or more persons would (1) cause physical injury toone or more persons in the future, (2) cause damage to propertyand (3) perform an act which would not in itself materiallybenefit the defendants! but which was calculated to harm anotherperson materially with respect to his health! safety, business!calling, career! financial condition, reputation and personalrelationships, in violation of New York Penal Law sections155.30(6),155.05(2) (e)(i)! 155.05(2} (e)(ii), 155.05(2) (e)(ix)and 20.00.

RACKETEERING ACT SIX(Extortion Conspiracy/Attempted Extortion - John Doe #3)35. The defendants CONRAD IANNIELLO and ROBERT SCALZA

agreed to the commission of the following acts! either one ofwhich alone constitutes Racketeering Act Six:

A. New York Penal Law Extortion Conspiracy36. In or about and between April 2008 and August

2008, both dates being approximate and inclusive, within theEastern District of New York and elsewhere! the defendants CONRAD

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IANNIELLO and ROBERT SCALZA, together with others, did knowinglyand intentionally conspire to steal property by extortion, inthat the defendants and others agreed to obtain property, to wit:money, by compelling and inducing John Doe #3, an individualwhose identity is known to the Grand Jury, to deliver suchproperty by instilling in him a fear that, if the property wasnot so delivered, one or more persons would (1) cause physicalinjury to one or more persons in the future and (2) cause damageto property, in violation of New York Penal Law Sections155 .40 (2), 155 .05 (2) (e)(i), 155.05 (2)(e)(ii) and 105.10.

B. New York Penal Law Attempted Extortion37. In or about and between April 2008 and August

2008, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants CONRADIANNIELLO and ROBERT SCALZA, together with others, did knowinglyand intentionally attempt to steal property by extortionl in thatthe defendants and others attempted to obtain propertYI to wit:money, by compelling and inducing John Doe #3 to deliver suchproperty by instilling in him a fear thatl if the property wasnot so deliveredl one or more persons would (1) cause physicalinjury to one or more persons in the future and (2) cause damageto property, in violation of New York Penal Law Sections155 .40 (2), 155. 05 (2)(e)(i)I 155.05 (2)(e)(ii) I 110. 00 and 20.00.

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RACKETEERING ACT SEVEN(Extortion Conspiracy/Extortion - San Gennaro Feast Vendors)

38. The defendant CONRAD IANNIELLO agreed to thecommission of the following acts, either one of which aloneconstitutes Racketeering Act Seven:

A. New York Penal Law Extortion Conspiracy39. In or about and between April 2008 and September

2008, both dates being approximate and inclusive, within theEastern District of New York and elsewherer the defendant CONRADIANNIELLOr together with others, did knowingly and intentionallyconspire to steal property by extortionr in that the defendantand others agreed to obtain property, to wit: money earned byvendors at the San Gennaro Feastr by compelling and inducing suchvendors to deliver such property by instilling in them a fearthat, if the property was not so deliveredr one or more personswould (1) cause physical injury to one or more persons in thefuture and (2) cause damage to property, in violation of New YorkPenal Law Sections 155.40(2), 155.05(2) (e) (i) r 155.05(2) (e)(ii)and 105.10.

B. New York Penal Law Extortion40. In or about and between April 2008 and September

2008r both dates being approximate and inclusive, within theEastern District of New York and elsewhere, CONRAD IANNIELLO,together with others, did knowingly and intentionally stealproperty by extortionr in that the defendant and others obtained

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property, to wit: money earned by vendors at the San GennaroFeast, by compelling and inducing such vendors to deliver suchproperty by instilling in them a fear thatl if the property werenot so delivered, one or more persons would (1) cause physicalinjury to one or more persons in the future 1 (2) cause damage toproperty and (3) perform an act which would not in itselfmaterially benefit the defendant 1 but which was calculated toharm the vendors materially with respect to their health, safety,business, calling, career 1 financial condition, reputation andpersonal relationships 1 in violation of New York Penal LawSections 155.30 (6) 1 155.05 (2)(e)(i), 155.05 (2)(e)(ii),155.05 (2)(e)(ix) and 20.00.

RACKETEERING ACT EIGHT(Extortion Conspiracy/Extortion - 60th Lane Site)41. The defendants JAMES BERNARDONE and PAUL

GASPARRINI agreed to the commission of the following acts, anyone of which alone constitutes Racketeering Act Eight:

A. Extortion Conspiracy42. In or about and between June 2008 and February

20091 both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMES

BERNARDONE and PAUL GASPARRINI, together with othersl didknowingly and intentionally conspire to obstructl delay andaffect commerce 1 and the movement of articles and commodities incommerce, by extortionl in that the defendants and others agreed

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to obtain property, to wit: money relating to John Doe #l's workat a construction site located on 60th Lane in Queens, New York,from John Doe #1, with his consent, which consent was to beinduced through wrongful use of actual and threatened forcerviolence and fear, in violation of Title 18, United States CoderSection 1951(a).

B. Extortion43. In or about and between June 2008 and February

2009, both dates being approximate and inclusiver within theEastern District of New York and elsewherer the defendants JAMESBERNARDONE and PAUL GASPARRINIr together with others, didknowingly and intentionally obstruct, delay and affect commerce,and the movement of articles and commodities in commercer byextortion, in that the defendants and others obtained propertYrto wit: money relating to John Doe #lrs work at a constructionsite located on 60th Lane in Queens, New York, from John Doe #1,with his consentr which consent was induced through wrongful useof actual and threatened force, violence and fear, in violationof Title 18, United States Code, Sections 1951(a) and 2.

C. New York Penal Law Extortion44. In or about and between June 2008 and February

2009, both dates being approximate and inclusiver within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE and PAUL GASPARRINIr together with othersr did

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knowingly and intentionally steal property by extortion, in thatthe defendants and others obtained property, to wit: moneyrelating to John Doe #l's work at a construction site located on60th Lane in Queens, New York, by compelling and inducing JohnDoe #1 to deliver such property by instilling in him a fear that,if the property was not so delivered, one or more persons would(1) cause physical injury to one or more persons in the future,(2) cause damage to property and (3) perform an act which wouldnot in itself materially benefit the defendants, but which wascalculated to harm John Doe #1 materially with respect to hishealth, safety, business, calling, career, financial condition,reputation and personal relationships, in violation of New YorkPenal Law Sections 155.30(6), 155.05(2) (e)(i), 155.05(2) (e)(ii),155.05 (2)(e)(ix) and 20.00.

(Title IS, United States Code, Sections 1962(d), 1963

COUNT TWO(Extortion Conspiracy - 21st Street site)

45. In or about and between August 2006 and September2007, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE, also known as "Jamie," and PAUL GASPARRINI, alsoknown as "Paulie,t1 together with others, did knowingly andintentionally conspire to obstruct, delay and affect commerce,and the movement of articles and commodities in commerce, by

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extortion, in that the defendants and others agreed to obtainproperty, to wit: money relating to John Doe #l's work at aconstruction site located on 21st Street in New York, New York,from John Doe #1, with his consent, which consent was to beinduced through wrongful use of actual and threatened force,violence and fear.

(Title 18, United States Code, Sections 1951(a) and3551 et ,llilli.)

COUNT THREE(Extortion - 21st Street Site)

46. In or about and between August 2006 and September2007, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARD ONE , also known as "Jamie," and PAUL GASPARRINI, alsoknown as "Paulie," together with others, did knowingly andintentionally obstruct, delay and affect commerce, and themovement of articles and commodities in commerce, by extortion,in that the defendants and others obtained property, to wit:money relating to John Doe #l's work at a construction sitelocated on 21st Street in New York, New York, from John Doe #1,with his consent, which consent was induced through wrongful useof actual and threatened force, violence and fear.

(Title 18, United States Code, Sections 1951(a), 2 and3551 et seq.)

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COUNT FOUR(Extortion Conspiracy - Flatbush Avenue Site)47. In or about and between June 2007 and December

2007, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE, also known as "Jamie," PAUL GASPARRINI, also known as"Paulie," and SALVESTER ZARZANA, also known as "Sal," togetherwith others, did knowingly and intentionally conspire toobstruct, delay and affect commerce, and the movement of articlesand commodities in commerce, by extortion, in that the defendantsand others agreed to obtain property, to wit: money relating toJohn Doe #l's work at a construction site located at theintersection of Gold Street, Johnson Street and Flatbush Avenuein Brooklyn, New York, from John Doe #1, with his consent, whichconsent was to be induced through wrongful use of actual andthreatened force, violence and fear.

(Title 18, United States Code, Sections 1951(a) and3551 et seq.)

COUNT FIVE(Extortion - Flatbush Avenue Site)

48. In or about and between June 2007 and December2007, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE, also known. as "Jamie," PAUL GASPARR INI, also known. as"Paulie," and SALVESTER ZARZANA, also known as "Sal," together

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with othersl did knowingly and intentionally obstructl delay andaffect commerce I and the movement of articles and commodities incommerce I by extortionr in that the defendants and othersobtained propertYr to wit: money relating to John Doe #lrs workat a construction site located at the intersection of GoldStreetr Johnson Street and Flatbush Avenue in Brooklynr New York,from John Doe #1, with his consent, which consent was inducedthrough wrongful use of actual and threatened forcer violence andfear.

(Title 181 united States Code, sections 1951(a) r 2 and3551 et seq.)

COUNT SIX(Extortion Conspiracy - Ditmars Boulevard Site)49. In or about and between April 2007 and April 2008,

both dates being approximate and inclusiver within the EasternDistrict of New York and elsewhere, the defendant PAULGASPARRINI r also known as "Paulie I It together with others, didknowingly and intentionally conspire to obstruct, delay andaffect commerce, and the movement of articles and commodities incommercer by extortion, in that the defendant and others agreedto obtain propertYr to wit: money relating to John Doe #l's workat a construction site located on Ditmars Boulevard in QueensrNew Yorkr from John Doe #1, with his consent, which consent was

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to be induced through wrongful use of actual and threatenedforce, violence and fear.

(Title 18, United states Code, Sections 1951(a) and3551 et .Eg.)

COUNT SEVEN(Extortion - Ditmars Boulevard Site)

SO. In or about and between April 2007 and April 2008,both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendant PAULGASPARR INI, also known as "Paulie," together with others, didknowingly and intentionally obstruct, delay and affect commerce,and the movement of articles and commodities in commerce, byextortion, in that the defendant and others obtained property, towit: money relating to John Doe #l's work at a construction sitelocated on Ditmars Boulevard in Queens, New York, from JohnDoe #1, with his consent, which consent was induced throughwrongful use of actual and threatened force, violence and fear.


COUNT EIGHT(Union Embezzlement)

51. In or about and between January 2008 and June2008, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendant JOHNSQUITIERI, together with others, did knowingly and willfully

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embezzle, steal and unlawfully abstract and convert to his ownuse and to the use of others, credits, property and other assetsof one or more employee pension benefit plans subject to Title Iof the Employee Retirement Income Security Act of 1974, to wit:the right to collect monies and funds owed to pension and annuityfunds operated on behalf of union laborers of Bricklayers andAllied Craftworkers Local Union 7, Tile, Marble and Terrazzo.

(Title 18, United States Code, Sections 664, 2 and 3551et ~.)

COUNT NINE(Extortionate Collection of Credit Conspiracy - John Doe #4)52. In or about and between February 2008 and May

2008, both dates being approximate and inclusive, within theDistrict of New Jersey, the defendants ROBERT FIORELLO, alsoknown as "Bobby," and WILLIAM PANZERA, also known as "Billy,"together with others, did knowingly and intentionally conspire toparticipate in the use of extortionate means to collect andattempt to collect one or more extensions of credit from JohnDoe #4, an individual whose identity is known to the Grand Jury.

(Title 18, United states Code, sections 894 (a)(1) and3551 et ~.)

COUNT TEN(Extortionate Collection of Credit - John Doe #4)53. In or about and between February 2008 and May


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District of New Jersey, the defendants ROBERT FIORELLO, alsoknown as "Bobby," and WILLIAM PANZERA, also known as "Billy,"together. with others, did knowingly and intentionally participatein the use of extortionate means to collect and attempt tocollect one or more extensions of credit from John Doe #4.

(Title 18, United States Code, Sections 894 (a)(1), 2and 3551 et ~.)

COUNT ELEVEN(Collection of Unlawful Debt Conspiracy)

54. The allegations contained in paragraphs 1 through15 are realleged and incorporated as if fully set forth in thisparagraph.

55. In or about and between February 2008 and May2008, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendant WILLIAMPANZERA, also known as "Billy," being a person employed by andassociated with the Genovese crime family, an enterprise thatengaged in, and the activities of which affected, interstate andforeign commerce, did knowingly and intentionally conspire toviolate Title 18, United states Code, Section 1962(c), that is,to conduct and participate, directly and indirectly, in theconduct of the affairs of that enterprise through the collectionfrom John Doe #4 of unlawful debt, as that term is defined inTitle 18, United States Code, Section 1961(6) r to wit: debts thatwere unenforceable under New York State law, to wit: New York

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Penal Law Section 190.40, in whole and in part as to principaland interest because of the law relating to usury and wereincurred in connection with the business of lending money and athing of value at a rate usurious under New York State law, wherethe usurious rate was at least twice the enforceable rate.

(Title 18, United States Code, Sections 1962(d), 1963and 3551 et seq.)

COUNT TWELVE(Extortion Conspiracy - Labor Union)

56. In or about and between April 2008 and May 2008,both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendants RYAN ELLIS,CONRAD IANNIELLO and ROBERT SCALZA, together with others, didknowingly and intentionally conspire to obstruct, delay andaffect commerce, and the movement of articles and commodities incommerce, by extortion, in that the defendants and others agreedto obtain property, to wit: a labor union's right to conductbusiness, including organizing activities and the solicitation ofnew members, from a labor union, with the consent of such laborunion, its officers, agents and representatives, including JohnDoe #2, which consent was to be induced through wrongful use ofactual and threatened force, violence and fear.

(Title 18, United States Code, Sections 1951(a) and3551 et ~.)

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COUNT THIRTEEN(Extortion - Labor Union)

57. In or about and between April 2008 and May 2008,both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendants RYAN ELLIS,CONRAD IANNIELLO and ROBERT SCALZA, together with others, didknowingly and intentionally obstruct! delay and affect, andattempt to obstruct, delay and affect, commerce, and the movementof articles and commodities in commerce, by extortion, in thatthe defendants and others obtained property and attempted toobtain property, to wit: a labor union's right to conductbusiness! including organizing activities and the solicitation ofnew members, from a labor union, with the consent of such laborunion! its officers, agents and representatives, including JohnDoe #2, which consent was to be induced through wrongful use ofactual and threatened force, violence and fear.

(Title 18, United States Code, Sections 1951(a), 2 and3551 et ~.)

COUNT FOURTEEN(Illegal Gambling)58. In or .about and between April 2008 and July 2008,

both dates being approximate and inclusive! within the EasternDistrict of New York and elsewhere! the defendants RYAN ELLIS!CONRAD IANNIELLO and FELICE MASULLO, together with others! didknowingly and intentionally conduct, finance, manage, supervise,

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direct and own all or part of an illegal gambling business, towit: a gambling business involving bookmaking, which operated inviolation of the laws of the State of New York, to wit: New YorkPenal Law Sections 225.05, 225.10(1) and 20.00, which involvedfive or more persons who conducted, financed, managed,supervised, directed and owned all or part of such business andwhich remained in substantially continuous operation for a periodin excess of 30 days and had a gross revenue of at least $2,000in any single day.


COUNT FIFTEEN(Obstruction of Justice Conspiracy)

59. In or about and between April 2008 and May 2008,both dates being approximate and inclusive, within the EasternDistrict of New York and elsewhere, the defendant RODNEY JOHNSON,together with others, did knowingly and intentionally conspireto corruptly obstruct, influence and impede an officialproceeding, to wit: a Federal Grand Jury investigation in theEastern District of New York, contrary to Title 18, United StatesCode, Section 1512 (c)(2).

(Title 18, United States Code, Sections 1512(k) and3551 et seq.)

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COUNT SIXTEEN(Obstruction of Justice)

60. In or about and between April 2008 and May 20081within the Eastern District of New York and elsewhere, thedefendant RODNEY JOHNSON I together with othersl did knowingly,intentionally and corruptly attempt to obstruct, influence andimpede an official proceeding, to wit: a Federal Grand Juryinvestigation in the Eastern District of New York.

(Title 18, United States Codel Sections 1512(c) (2), 2and 3551 et .rulli.)

COUNT SEVENTEEN(Extortion Conspiracy - 60th Lane Site)

61. In or about and between June 2008 and February2009, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARD ONE , also known as "Jamie,'1 and PAUL GASPARR INI, alsoknown as "Paulie," together with others I did knowingly andintentionally conspire to obstruct, delay and affect commerce Iand the movement of articles and commodities in commercet byextortion, in that the defendants and others agreed to obtainproperty, to wit: money relating to John Doe #l/s work at aconstruction site located on 60th Lane in Queens, New Yorkt fromJohn Doe #1, with his consent, which consent was to be induced

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through wrongful use of actual and threatened force, violence andfear.

(Title 18, united States Code, Sections 1951(a) and3551 et ~.)

COUNT EIGHTEEN(Extortion - 60th Lane Site)62. In or about and between June 2008 and February

2009, both dates being approximate and inclusive, within theEastern District of New York and elsewhere, the defendants JAMESBERNARDONE, also known as "Jamie," and PAUL GASPARRINI, alsoknown as "Paulie," together with others, did knowingly andintentionally obstruct, delay and affect commerce, and themovement of articles and commodities in commerce, by extortionrin that the defendants and others obtained propertYr to wit:money relating to John Doe #l's work at a construction sitelocated on 60th Lane in Queensr New York, from John Doe #1, withhis consent I which consent was induced through wrongful use ofactual and threatened force, violence and fear.

(Title 18, united States Code, Sections 1951(a), 2 and3551 et seq.)

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CRIMINAL FORFEITURE ALLEGATION AS TO COUNTS ONE AND ELEVEN63. The United States hereby gives notice to the

defendants charged in Counts One and Eleven that, upon convictionof either offense, the government will seek forfeiture inaccordance with Title 18, United States Code, Section 1963, whichrequires any person convicted of such offenses to forfeit:

(a) any interest such defendants have acquired andmaintained an interest in, in violation of Title 18, UnitedStates Code, Section 1962, which interests are subject toforfeiture pursuant to Title 18, United States Code, Section1963 (a)(1)i

(b) any interest in, security of, claims against,or property or contractual right of any kind affording a sourceof influence over any enterprise which such defendants haveestablished, operated, controlled, conducted or participated inthe conduct of, in violation of Title 18, United States Code,Section 1962; and

(c) any property constituting or derived from anyproceeds such defendants obtained, directly and indirectly, fromthe racketeering activity or unlawful debt collection, inviolation of Title 18, United States Code, Section 1962, whichproperty is subject to forfeiture to the United States pursuantto Title 18, United States Code, Section 1963(a) (3).

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64. If any of the above-described forfeitableproperty, as a result of any act or omission of the defendants:

(a) cannot be located upon the exercise of duediligencej

(b) has been transferred or sold to, or depositedwith, a third partYi

(c) has been placed beyond the jurisdiction ofthe court;

(d) has been substantially diminished in value;or

(e) has been commingled with other property whichcannot be divided without difficultYiit is the intent of the United states, pursuant to Title 18,United States Code, section 1963(m), to seek forfeiture of anyother property of such defendants up to the value of theforfeitable property described in this forfeiture allegation.

{Title 18, United States Code, Sections 1963(a} and1963(m)}

CRIMINAL FORFEITURE ALLEGATION AS TOCOUNTS TWO THROUGH TEN, TWELVE/THIRTEEN AND FIFTEEN THROUGH EIGHTEEN

65. The United States hereby gives notice to thedefendants charged in Counts Two through Ten, Twelve, Thirteenand Fifteen through Eighteen that, upon conviction of any suchoffenses, the government will seek forfeiture in accordance with

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Title 18, United States Coder Section 981 (a)(1)(C) and Title 28rUnited States Coder Section 2461(c), which require any personconvicted of any such offenses to forfeit any propertyconstituting or derived from proceeds obtained directly orindirectly as a result of such offenses.


(a) cannot be located upon the exercise of duediligence;

(b) has been transferred or sold tOr or depositedwith, a third partYi

(c) has been placed beyond the jurisdiction ofthe court;

(d) has been substantially diminished in value;or

(e) has been commingled with other property whichcannot be divided without difficulty;it is the intent of the United statesr pursuant to Title 21,United States Code, Section 853(p), as incorporated by Title 28,United states Code, Section 2461(c), to seek forfeiture of any

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other property of such defendants up to the value of theforfeitable property described in this forfeiture allegation.

(Title 28, United States Code, section 2461(c) j Title18, United States Code, Section 981(a) (1)(C) i Title 21, UnitedStates Code, Section 853(p))

CRIMINAL FORFEITURE ~~LEGATION AS TO COUNT FOURTEEN66. The United States hereby gives notice to the

defendants charged in Count Fourteen that, upon their convictionof such offense, the government will seek forfeiture inaccordance with (a) Title 18, United States Code, Section981 (a)(1)(C) and Title 28, United States Code, Section 2461 (c)rwhich require any person convicted of such offense to forfeit anyproperty constituting or derived from proceeds obtained directlyor indirectly as a result of such offense; and (b) Title 18,United states Code, Section 1955(d), which provides forforfeiture of any property, including money, used in violation ofthe provisions of Title 18, United States Code, Section 1955.


(a) cannot be located upon the exercise of duediligence;

(b) has been transferred or sold to, or depositedwithl a third party;

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(c) has been placed beyond the jurisdiction of thecourt;

(d) has been substantially diminished in value; or(e) has been commingled with other property which

cannot be divided without difficulty;it is the intent of the United Statesl pursuant to Title 21, UnitedStates Codel Section 853(p) 1 as incorporated by Title 281 unitedStates Code, Section 2461 (c), to seek forfeiture of any otherproperty of the defendants up to the value of the forfeitableproperty described in this forfeiture allegation.

(Title 18, United States Code, Sections 981(a) (1)(C) and1955(d); Title 211 United States Code, Section 853(p); Title 28,United States Code, Section 2461(c))

A TRUE BILL

LORETTA E. LYNCHUNITED STATES ATTORNEYEASTERN DISTRICT OF NEW YORK

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Bernardone/Ianniello/Zarzana Indictment

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