U.S. v. INTERN. BROTH. OF TEAMSTERS, AFL-CIO

No. 97-6324.

141 F.3d 405 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO; The Commission of La Cosa Nostra; Anthony Salerno, also known as Fat Tony; Matthew Ianniello, also known as Matty the Horse; Anthony Provenzano, also known as Tony Pro; Nunzio Provenzano, also known as Nunzi Pro; Anthony Corallo, also know as Tony Ducks; Salvatore Santoro, also known as Tom Mix; Christopher Furnari, Sr., also known as Christie Tick; Frank Mazno; Carmine Persico, also known as Snake, also known as Junior, also known as The Snake; Gennaro Langella, also known as Gerry Lang; Philip Rastelli, also known as Rusty; Nicholas Marangello, also known as Nicky Glasses; Joseph Massino, also known as Joey Messina; Anthony Ficarotta, also known as Figgy; Eugene Boffa, Sr.; Francis Sheeran; Milton Rockman, also known as Maishe; John Tronolone, also known as Peanuts; Joseph John Aiuppa, also known as Joey O'Brien, also known as Joe Doves, also known as Joey Aiuppa; John Phillip Cerone, also known as Jackie the Lackie, also known as Jackie Cerone; Joseph Lombardo, also known as Joey the Clown; Angelo Lapietra, also known as The Nutcracker; Frank Balistrieri, also known as Mr. B; Carl Angelo Deluna, also known as Toughy; Carl Civella, also known as Corky; Anthony Thomas Civella, also known as Tony Ripe; General Executive Board, International Brotherhood OF Teamsters, Chauffeurs, Warehousemen and Helpers of America; Jackie Presser, General President; Weldon Mathis, General Secretary-Treasurer; Joseph Treroltola, also known as Joe T., First Vice President; Robert Holmes, Sr., Second Vice President; William J. McCarthy, Third Vice President; Joseph W. Morgan, Fourth Vice President; Edward M. Lawson, Fifth Vice President; Arnold Weinmeister, Sixth Vice President; John H. Cleveland, Seventh Vice President; Maurice R. Schurr, Eighth Vice President; Donald Peters, Ninth Vice President; Walter J. Shea, Tenth Vice President; Harold Friedman, Eleventh Vice President; Jack D. Cox, Twelfth Vice President; Don L. West, Thirteenth Vice President; Michael J. Riley, Fourteenth Vice President; Theodore Cozza, Fifteenth Vice President; Daniel Ligurotis, Sixteenth Vice President; and Salvatore Provenzano, also known as Sammy Pro, Former Vice President, Defendants, International Brotherhood of Teamsters, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 30, 1998.


Attorney(s) appearing for the Case

William W. Taylor, III, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, DC (Michael R. Smith, Ronald H. Weich, Jonathan H. Levy, of counsel; Earl V. Brown, Jr., David L. Neigus, Office of the General Counsel, International Brotherhood of Teamsters, Washington, DC, of counsel), for Defendant-Appellant.

Karen B. Konigsberg, Assistant United States Attorney for the Southern District of New York, New York City, (Steven M. Haber, Assistant United States Attorney, Mary Jo White, United States Attorney, of counsel) for Plaintiff-Appellee.

Before: WINTER, Chief Judge, PARKER, Circuit Judge, and SCHWARZER, District Judge.


WINTER, Chief Judge:

The International Brotherhood of Teamsters ("IBT") appeals from a decision by Judge Edelstein interpreting a consent decree ("Consent Decree" or "Decree") to require the IBT to pay for an Election Officer's supervision of a rerun of the 1996 IBT elections. The IBT argues that under the terms of the Decree, the government must pay the cost of supervision if it chooses to have the rerun supervised. We agree. The Decree provides that if the government...

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