Obama's NLRB Pick, Richard Griffin, Tied to Mob?

The rap sheet for members of the International Union of Operating Engineers reads like something out of "Goodfellas."

Embezzlement. Wire fraud. Bribery. That's just scratching the surface of crimes committed by the IUOE ranks. And it is from this union that President Obama earlier this year picked one of his latest appointees to the National Labor Relations Board, the federal agency tasked with resolving labor disputes between unions and management.

That recess appointee, Richard Griffin, was former general counsel for the 400,000-member union of heavy equipment operators -- a union tainted over the years by mob connections and a history of corruption.

Public documents obtained by Fox News show that more than 60 IUOE members have been arrested, indicted or jailed in the last decade on charges that include labor racketeering, extortion, criminal enterprise, bodily harm and workplace sabotage.

In some of the more egregious examples, federal prosecutors alleged in February 2003 that the Genovese and Colombo crime families wrested control of two IUOE locals, and stole $3.6 million from major New York area construction projects -- including the Museum of Modern Art and minor league baseball stadiums for the Yankees and Mets in Staten and Coney Islands.

Congress and the American public may never know whether Griffin's fiduciary responsibilities as general counsel were compromised by the avalanche of arrests, indictments and prosecutions of IUOE members. Griffin did not respond to Fox News' request for an interview. Before joining the NLRB, he served in various positions at the IUOE dating back to 1983. But records indicate he did not take an active role in representing any of the accused union members in criminal matters while he was general counsel for the union.

In at least one case during Griffin's tenure, the IUOE national headquarters placed a local that had run afoul of the law into trusteeship. But it remains unclear what other firewalls, if any, Griffin erected to separate the national union from its corrupt locals, or how he dealt with individual local union members who were in legal trouble.

On April 9, 2008, a dozen high-ranking members of an IUOE local in Buffalo, N.Y., were arrested for damaging more than 40 pieces of heavy machinery at construction sites where non-union workers were hired. They poured sand into oil systems, and cut tires and fuel lines. They also ran the license plate numbers of victims through a state database to get personal information including  the names and addresses of victims' wives.

Among the individual union members and associates prosecuted in various investigations were: 

•     Andrew Merola, a high-ranking member of the Gambino crime family who, in 2010, admitted to committing nine different acts of racketeering, including wire fraud involving a no-show/low-show job he got as an operating engineer for local 825 of the IUOE.
•     James Roemer, a former treasurer of Operating Engineers local 14,  who was sentenced  in September 2003 to 41  months imprisonment and ordered to pay $2.7 million in restitution for conspiracy to fraudulently receive unlawful labor payments.
•     Joel Waverly Cacace, Sr. The imprisoned acting boss of the Colombo crime family conspired with IUOE members to get a paid no-show construction job for his son, Jo-Jo Cacace, Jr. The senior Cacace was sent to prison in February 2003 for 20 years. The three-year investigation that sent him to jail also produced more than 24 other convictions.

Former U.S. Attorney and present New Jersey Gov. Chris Christie prosecuted some of the IUOE criminal cases. In one of Christie's prosecutions, Kenneth Campbell, the former business manager of local 825 of the IUOE,  pleaded guilty to embezzling $200,000 from his union and taking bribes from contractors to buy high-end electronics and a Lincoln Town Car for his father, a retired IUOE member.

Then-U.S. Attorney Christie, said, "Campbell and his cronies were simply corrupt. They treated local 825 like a piggy bank at will to treat themselves to luxuries at the expense of dues-paying members they ripped off."

Because he was recess appointed, Richard Griffin, Jr., underwent no congressional scrutiny before he was sworn in on Jan. 9 of this year.

At the time of his recess appointment, Sen. Mike Enzi, R-Wyo., ranking member of the Senate Health, Education, Labor and Pensions Committee, told the Wall Street Journal he was, "extremely disappointed" in Obama's decision  to "avoid the constitutionally mandated Senate confirmation process." He said that two of three nominees for the NLRB, including Griffin, were submitted to the Senate on Dec. 15, just before the Senate was to adjourn, allowing only a day to review the nominees.

Griffin has been an advocate for enhanced NLRB power for decades.

In 1988 testimony before the U.S. House Subcommittee on Employer/Employee relations, Griffin, who was then serving on the Board of Trustees of IUOE's Central Pension Fund, argued for more power for the NLRB to fine companies without a court order to enforce its rulings. He also argued against legislation that would have forced the NLRB and the Department of Labor to pay the legal costs for small businesses who won in court against unions.

Griffin's tenure on the NLRB will be longer than most recess appointees. The president delayed his appointment by one day until the start of a new congressional session -- effectively  doubling to two years his stay. Recess appointments last until the end of the Senate's next session -- meaning Griffin will sit on the NLRB until December 2013.

Thanks to Doug McKelway.

Tweet

10% off 5" Touch Screen GPS Car Navigator with eBook Reader

10% off 5" Touch Screen GPS Car Navigator with eBook Reader Calendar (Black) ,Price Now: $59.99 ,Valid: 2012.6.22-2012.6.24 ,free shipping@Focalprice.com

Tweet

FBI 2011 Bank Crime Statistics

The FBI released bank crime statistics for calendar year 2011. Between January 1, 2011 and December 31, 2011, there were 5,014 robberies, 60 burglaries, 12 larcenies, and seven extortions of financial institutions1 reported to law enforcement. The total 5,093 reported violations represent a decrease from 2010, during which 5,641 violations of the Federal Bank Robbery and Incidental Crimes Statute were reported.

Highlights of the report include:

• Of the 5,086 total reported bank robberies, burglaries, and larcenies, loot was taken in 4,534 incidents (89 percent). Loot was taken during two of the seven reported bank extortions.
• The total amount taken was valued at more than $38 million. More than $8 million was recovered and returned to financial institutions.
•  During the reported bank robberies, burglaries, and larcenies, the following modus operandi were the most common: demand note (2,958 incidents); oral demand (2,678 incidents); weapon threatened (2,331 incidents); and firearm used (1,242 incidents). Of the seven reported extortions, perpetrators used or threatened the use of explosive devices during one incident and made threats by telephone during four incidents.2
•  Acts of violence were committed during 201 of the reported robberies, burglaries, and larcenies. These acts included 70 instances involving the discharge of firearms, 116 instances involving assaults, and one instance involving an explosive device.3 No acts of violence occurred during the seven reported bank extortions.
•  Acts of violence during the reported robberis, burglaries, and larcenies resulted in 88 injuries, 13 deaths, and 30 persons being taken hostage. No injuries, deaths, or hostage takings occurred during the reported bank extortions.
•  Most violations occurred on Friday. Regardless of the day of the week, violations between the hours of 9:00 a.m. and 11:00 a.m. were the most common.
•  Most violations occurred in the Southern region of the U.S., with 1,576 reported incidents.

These statistics were recorded as of April 24, 2012. Note that not all bank crimes are reported to the FBI, and therefore the report is not a complete statistical compilation of all bank crimes that occurred in the United States.

1. Financial institutions include commercial banks, mutual savings banks, savings and loan associations, and credit unions.
2. More than one modus operandi may have been used during an incident
3. One or more acts of violence may occur during an incident.

Tweet

Raghuveer Nayak Charged with Fraud and Tax Offenses for Allegedly Paying Physicians Hundreds of Thousands of Dollars in Bribes for Patient Referrals

The owner of multiple area outpatient surgery centers was arrested today on federal fraud and tax charges alleging that he paid bribes and kickbacks to physicians for patient referrals and filed false federal income tax returns that understated his income. The defendant, Raghuveer Nayak, was charged in a 19-count indictment that was returned by a federal grand jury last week and unsealed today following his arrest, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Robert D. Grant, Special Agent in Charge of the Chicago Office of Federal Bureau of Investigation; and Thomas Jankowski, Acting Special Agent in Charge of the Internal Revenue Service Criminal Investigation Division.

Nayak, 57, of Oak Brook, was scheduled to appear at 11:00 a.m. today before Magistrate Judge Maria Valdez in U.S. District Court.

He was charged with 10 counts of mail fraud, five counts of interstate travel in aid of racketeering, and four counts of filing false income tax returns for the years 2005-2008. The indictment seeks forfeiture of at least $1.8 million in alleged fraud proceeds, or substitute assets, including Nayak’s Oak Brook residence, the Rogers Park One Day Surgery Center Inc., located at 7616 North Paulina St., and the Lakeshore Surgery Center LLC, located at 7200 North Western Ave.

In addition to those two facilities, Nayak owned and/or controlled the following health care-related businesses in Illinois and Indiana: Lakeside Surgery Center LLC, Merillville Plaza Surgery Center LLC, Lincoln Park Open MRI, Delaware Place MRI LLC, Paulina Anesthesia Inc., Illiana Anesthesia, Western Touhy Anesthesia Inc., and Division Medical Diagnostics Inc., according to the indictment.

Nayak’s facilities did not accept patients covered public health insurance programs, such as Medicare and Medicaid, and instead accepted patients insured by private health insurers, such as BlueCross BlueShield, or patients who agreed to pay the entire fees themselves. Private insurers treated Nayak’s facilities as “out-of-network” when paying bills submitted for patient services.

Between 2000 and December 2010, Nayak allegedly defrauded patients by paying and arranging to pay bribes and kickbacks in the form of cash and other hidden payments to physicians who would refer their patients to Nayak’s facilities for medical treatment. Nayak paid hundreds of thousands of dollars to different physicians in exchange for patient referrals, the charges allege, adding that the physicians deceived their patients by not disclosing that they were being paid for making referrals to Nayak’s facilities.

At times, the indictment alleges that Nayak paid bribes and kickbacks to physicians to begin referring patients, while at other times he did so to ensure that they continued to refer patients to his facilities. He allegedly offered to pay physicians a set amount of money for each patient referral. Nayak allegedly concealed and attempted to conceal the scheme by making payments in cash, disguising the payments as advertising, or by disguising the true purpose of the payments through fraudulent agreements and contracts, including contracts purporting to pay physicians for performing services that Nayak knew they had not provided.

Between 2002 and December 2008, Nayak allegedly obtained cash to pay bribes and kickbacks by giving Individual A more than $2 million in checks drawn on his facilities’ accounts and, in exchange, at Nayak’s direction, Individual A gave Nayak cash equaling approximately 70 percent of the value of the checks. Nayak allegedly indicated to his tax preparer that the checks to Individual A were for advertising and should be treated as a business expense on tax returns for Nayak and his facilities. After he was interviewed by law enforcement agents in December 2008, Nayak allegedly took additional steps to hide the scheme by executing fraudulent contracts and by warning physicians not to speak with agents about the payments.

The tax counts allege that Nayak caused the preparation of false individual federal income tax returns that understated his true income because he claimed that the checks to Individual A should be treated as advertising expenses when he knew they were not. As a result, Nayak allegedly understated his gross income when he reported the following amounts: $4,643,916 for 2005; $6,471,865 for 2006; $5,791,109 for 2007; and $9,362,647 for 2008.

Each count of mail fraud carries a maximum penalty of 20 years in prison and a maximum fine of $250,000, or an alternate fine totaling twice the loss or twice the gain, whichever is greater, as well as mandatory restitution. Interstate travel in aid of racketeering carries a maximum prison term of five years and a $250,000 fine on each count, and each count of filing a false income tax return carries a three-year maximum prison term and a $250,000 fine. In addition, defendants convicted of tax offenses must pay the costs of prosecution and remain liable for any and all back taxes, as well as a potential civil fraud penalty of 75 percent of the underpayment plus interest. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The government is being represented by Assistant U.S. Attorneys Carrie Hamilton and Andrianna Kastanek.

The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Tweet

Busted! Riveting Stories Of Tax Evasion And Fraud By An IRS Insider

Tax evasion and fraud do not discriminate and can be perpetrated by anyone – from middle-class Americans to high profile celebrities starting with Al Capone, Willie Nelson, and continuing more recently with Wesley Snipes.

Bruce Bronstein is making a name for himself as a master storyteller in his four novels that tell riveting accounts of tax evasion and fraud and what it takes to go after the perpetrators. His lengthy career with the IRS, handling some of the country’s most complex and controversial cases, provides the backdrop for Bronstein’s compelling stories. His novels, a perfect blend of humor, crime and the inner workings of the IRS and our legal system, make for a read not easy to put down.

Stan, a corrupt tax lawyer, subject to disciplinary action for failing to meet the standard of conduct expected of tax practitioners, is involved in the death of an IRS agent. The agent’s death, which has been staged to look like an accident, is at the center of Bronstein’s first book Nondisclosable. When IRS officials find circumstantial evidence in the dead agent’s audit files that incriminate the lawyer, it’s rendered useless because they can’t disclose the information. Although police lack the hard evidence needed to solve the mystery, the IRS is prepared to extract revenge against the lawyer – who soon finds himself embroiled in a variety of criminal conspiracies. Forced to face legendary agent Louie Lipschitz, the lawyer fears there is no escape in sight…

Full Disclosure, Bronstein’s second book, shows the corrupt lawyer going to prison at the same time the department is prosecuting another case that involves the largest individual tax cheat in history. Before the case is concluded, it leads to yet another tax case that implicates a man who was once the most powerful person in the U.S. The consequences of the investigation take a deadly turn and potential witnesses suffer a horrible fate. To ensure the prosecution is successful, law enforcement officials must take extreme measures and make tough decisions that have them deal-making with a notorious figure. Full Disclosure takes readers on a roller-coaster ride through our criminal justice system, showing how the unpredictability of one case can impact another seemingly unrelated case in an ironic twist of fate.

Imagine a bribery conspiracy, fraud, abuse of power and illicit sex – now imagine it’s taking place within the IRS! In Den of Thieves, the third novel by Bronstein, a shocking discovery is made that undermines the integrity of the IRS when its own employees, responsible for the administration of the nation’s tax laws, are found to be manipulating the system in a plot so ingenious only one intrepid IRS agent can solve the mystery. As Lipschitz, their fearless agent, finds himself matching wits with a brilliant sociopath currently behind bars, it’s not certain that even he can overcome all the challenges placed in his path.

Due for release this summer, Reversal of Justice finds Erica Whitman plotting revenge against the federal government due to her imprisonment for her role in a conspiracy to defraud the IRS. As she schemes to have her conviction overturned, Erica is also planning a diabolical strategy that she believes will guarantee her instant wealth while helping her extract revenge on federal prosecutors. While the Justice Department and IRS officials once again deal with an ingenious and calculating criminal mastermind, more colorful characters surface that challenge the authority of the IRS. Meanwhile, the police are forced to deal with murder contracts placed on the head of Louie Lipschitz, who has incurred the wrath of more than a few of these characters.

Bruce Bronstein is a former IRS Tax Law Specialist who also worked in the Appeals Division where he handled some of the largest and most complex cases in the country. His 30 years of experience specializing in civil fraud cases brings distinct authenticity to his novels and takes the subject of tax controversy to new levels. Drawing five star reviews on Amazon.com, his informative and witty novels explore how controversial tax issues are handled by the various functions within the IRS and our legal system.

Tweet