974 F.2d 315 (3rd Cir. 1992), 91-5440, United States v. Local 560 (I.B.T.)

Docket Nº:Nominal Defendant (Intervenor), Appellant in No. 91-5440,
Citation:974 F.2d 315
Party Name:U.S. v. Local 560 (I.B.T.)
Case Date:August 18, 1992
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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974 F.2d 315 (3rd Cir. 1992)

23 Fed.R.Serv.3d 522,

UNITED STATES of America

v.

LOCAL 560 (I.B.T.),

Nominal Defendant (Intervenor), Appellant in No. 91-5440,

and

Michael Sciarra; Joseph Sheridan, Michael Sciarra,

Appellant in No. 91-5441.

Nos. 91-5440, 91-5441.

United States Court of Appeals, Third Circuit

August 18, 1992

Argued Feb. 10, 1992.

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Michael Chertoff, U.S. Atty., Colette R. Buchanan (argued), Asst. U.S. Atty., Michael Chagares (argued), Asst. U.S. Atty., Robert C. Stewart, Asst. U.S. Atty., Newark, N.J., for appellee.

Samuel J. Buffone (argued), Terrance G. Reed, Asbill, Junkin, Myers & Buffone, Washington, D.C., Michael Critchley, West Orange, N.J., Paul Montalbano, Schneider, Cohen, Solomon, Leder & Montalbano, Cranford, N.J., for appellant in 91-5440, Local 560.

Peter V. Ryan (argued), West Orange, N.J., for appellant in 91-5441, Michael Sciarra.

Albert G. Kroll, Verona, N.J., for amicus curiae, New Jersey State AFL-CIO, in support of appellants.

Before: BECKER, ROTH, and HIGGINBOTHAM, Circuit Judges.

TABLE OF CONTENTS

TABLE OF CONTENTS PAGE I. FACTS AND PROCEDURAL HISTORY ....................................... 322 A. The Local 560 Litigation ........................... 322 B. Events Leading to Issuance of the Permanent Injunction Against Sciarra ....................... 324 C. Summary ............................................ 328 II. SCIARRA'S PROCEDURAL OBJECTIONS .................................... 328 III. SUFFICIENCY OF THE EVIDENCE TO SUPPORT ISSUANCE OF THE PERMANENT INJUNCTION ....................................................... 330 A. What the Government Must Prove to Obtain Modification of the Injunction ................... 331 B. Sufficiency of the Evidence ........................ 333 IV. ADMISSIBILITY OF THE IANIELLO/ANDRETTA TAPES AGAINST SCIARRA ....... 337 A. Were Sciarra and the Genovese Family Members Co"Conspirators? ................................. 338 B. Were the Statements Made During the Course of the Conspiracy? ...................................... 338 V. LOCAL 560'S STANDING TO OBJECT TO THE INJUNCTION 339 A. Overview of Organizational Standing ................ 339 B. Concrete Injury .................................... 340 C. Relationship to Organizational Purpose ............. 341 VI. LOCAL 560'S FIRST AMENDMENT OBJECTIONS TO THE INJUNCTION ............ 342 A. Introduction ....................................... 342 B. Does the Injunction Violate Local 560's Members' Associational Rights? ............................ 342 1. Is There a Compelling Governmental Interest? ......................... 343 2. Is the Injunction Sufficiently Narrowly Tailored? ................ 344 a. Ban on Officeholding ... 344 b. Other Restrictions of the Injunction ...... 344 VII. LOCAL 560'S OBJECTIONS TO THE INJUNCTION BASED ON LMRDA ............ 346 A. Section 411(a)(1) .................................. 346 B. Section 411(a)(2) .................................. 346 VIII. VALIDITY OF THE INJUNCTION UNDER RICO .............................. 347 IX. CONCLUSION ......................................................... 348


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OPINION OF THE COURT

BECKER, Circuit Judge.

This case arises from the government's ongoing effort to purge Local 560, International Brotherhood of Teamsters ("Local 560," or "the local"), of the influence of organized crime. Through the use of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.A. §§ 1961 to 1968 (West, 1984 and 1992 Supp.), the government has, over the past ten years, succeeded in imposing a trusteeship on the local and in obtaining court orders enjoining corrupt individuals from participating in the affairs of Local 560. This appeal concerns the government's efforts to prevent Michael Sciarra, a former Local 560 president and business agent alleged to have links to organized crime, from participating in the union's affairs.

The government presented evidence to the district court that, despite prior injunctions issued against some of Local 560's members, including Sciarra, Sciarra was undeterred in his efforts to retain a role in Local 560 for the Genovese organized crime family. As a result, the district court issued a detailed permanent injunction which enjoined Sciarra from, among other things, holding any position of trust in the local and from attempting to influence the local's affairs. Both Sciarra and Local 560 appeal from the entry of the injunction against him.

Sciarra points out that the government never filed a formal complaint in the district court pursuant to Rule 3 of the Federal Rules of Civil Procedure ("FRCP") in seeking this latest injunction, and submits that the district court therefore lacked subject matter jurisdiction to issue it. He also argues that there was insufficient evidence to demonstrate that he was frustrating the purposes of the original, less restrictive injunction issued against him, and that the district court was therefore not entitled to issue this more drastic injunction. Finally, he contends that tapes of recorded conversations between Genovese Family members, which were considered by the district court in deciding to issue the injunction, were erroneously admitted as co-conspirator statements under Rule 801(d)(2)(E) of the Federal Rules of Evidence ("FRE").

The government responds that its complaint in this portion of the ongoing Local 560 action was an amendment to the original complaint and that, therefore, no new complaint was necessary to initiate this portion of the litigation. Further, the government points to several pieces of evidence which suggest that Sciarra had corrupt dealings with organized crime after entry of the initial injunction against him and contends that this evidence is sufficient to support the more drastic injunctive relief granted by the district court. Finally, the government submits that the tape-recorded conversations admitted against Sciarra were properly received as co-conspirators' statements under FRE 801(d)(2)(E).

On behalf of its membership, Local 560 objects to the injunction because, it claims, the injunction impermissibly infringes on its members' First Amendment associational

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rights. The local also urges that the injunction infringes on its members' statutorily protected rights under the Labor Management Reporting and Disclosure Act (LMRDA), 29 USCA §§ 401 to 531 (West, 1985 and 1992 Supp), and that section 1964(a) of RICO does not authorize such an injunction. The government concedes that the injunction will infringe on the associational rights of Local 560's membership under the First Amendment and LMRDA, but argues that the injunction is justified because it is narrowly tailored to further a compelling governmental interest.

For the reasons that follow, we reject the claims of Sciarra and the local and will affirm the judgment of the district court in all respects.

I. FACTS AND PROCEDURAL HISTORY

A. The Local 560 Litigation

Although the government here seeks an injunction only against Sciarra, a review of the lengthy government-initiated litigation against Local 560 is necessary to understand the issues in the present appeal. 1

In March 1982, the government filed a civil complaint against twelve individuals affiliated with Local 560 who, the government alleged, were involved in facilitating organized crime's control of Local 560. Five of these individuals--Anthony Provenzano, Nunzio Provenzano, Steven Andretta, Thomas Andretta, and Gabriel Briguglio--were alleged to be associates of the "Provenzano Group," an organization affiliated with the Genovese organized crime family. The remaining seven defendants--Salvatore Provenzano, Joseph Sheridan, Josephine Provenzano, J.W. Dildine, Thomas Reynolds, Stanley Jaronko, and Michael Sciarra--were the members of the Executive Board of Local 560 at the time. The government claimed that this latter group of individuals had aided and abetted the Provenzano group in using Local 560 for corrupt ends.

In its complaint, the government alleged that all twelve individuals had violated 18 U.S.C.A. § 1962(c) 2 by engaging in a pattern of racketeering activity, which included murder, numerous acts of extortion, and labor racketeering. See United States v. Local 560 (IBT), 581 F.Supp. 279, 333-34 (DNJ 1984). The government sought injunctive relief under 18 U.S.C.A. § 1964(a) 3 which would prohibit the five members of the Provenzano Group from having any dealings with Local 560 or its membership. Against the remaining seven individuals, the government sought an...

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