USA v. Bruno Mark Congi Testimony

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Congi - Direct - Coombe
1 M A R K C O N G I,
2 having been duly sworn by the Clerk of the Court, was
3 examined and testified as follows:
4 DIRECT EXAMINATION
5 BY MS. COOMBE:
6 Q Could you please state your name and spell your
7 last name for the court reporter?
8 A Sure. Mark Congi, C-O-N-G-I.
9 Q Mr. Congi, have you pled guilty to an offense
10 against the United States?
11 A Yes, I have.
12 Q What did you plead guilty to?
13 A Section 18 -- 1962(c), I think, I'm not positive.
14 Q Do you know what that is in plain English?
15 A Racketeering.
16 Q Are you currently serving a prison sentence?
17 A Yes, I am.
18 Q Where are you serving the prison sentence?
19 A At federal prison in Lisbon, Ohio.
20 Q Did you enter into a plea agreement with the
21 United States?
22 A Yes, I did.
23 Q Did you enter into a cooperation agreement with
24 the United States?
25 A Yes, I did.
THERESA J. CASAL, RPR, CRR

UNITED STATES DISTRICT COURT - NDNY
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1 MS. COOMBE: Your Honor, I've marked for
2 identification purposes GJ-15. May I approach, your Honor?
3 THE COURT: Please.
4 BY MS. COOMBE:
5 Q Mr. Congi, I'm handing you Government's Exhibit
6 GJ-15. Do you recognize that?
7 A Yes, I do.
8 Q What is it?
9 A This is my plea agreement.
10 Q Have you had an opportunity to review that
11 agreement?
12 A Yes, I have.
13 Q Do you have any understanding of what that
14 agreement requires from you during your testimony today?
15 A To cooperate fully with the Government.
16 Q Does it require anything else from you?
17 A Not at all.
18 Q Does it require you to testify in a particular
19 manner?
20 A To be truthful.
21 Q Who is the Assistant United States Attorney who
22 handled the case that led to your plea?
23 A William Hochul.
24 Q Where does Mr. Hochul work, in what city?
25 A Buffalo, New York.

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1 Q What is your understanding of what benefit, if
2 any, you will receive from the Government for your testimony
3 today?
4 A That -- I understand I won't receive -- I haven't
5 been promised anything, and that Mr. Hochul will be notified
6 of my cooperation and he will take into consideration if
7 any -- if any time -- if I get any -- wrong words here. If
8 there would be any relief in my sentence, he would consider
9 it, depending on my cooperation.
10 Q That would be up to Mr. Hochul?
11 A Solely up to Mr. Hochul.
12 MS. COOMBE: May I retrieve that exhibit, your
13 Honor?
15 Q Are you a member of the Laborers International
16 Union of America Local 91?
17 A I was before I was arrested.
18 Q When did you join the union?
19 A In 1982.
20 Q Did you ever have any leadership position?
21 A Yes. I rows to -- ended up being president of the
22 union and assistant business agent.
23 Q Which is higher, president or assistant business
24 agent?
25 A Assistant business agent.

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1 Q When did you become the assistant business agent?
2 A In November of '95, I believe.
3 Q How long were you the assistant business agent?
4 A Until the day of my arrest on May 17, 2002, I
5 believe.
6 Q What were your duties and responsibilities as the
7 assistant business agent?
8 A I answered to Michael Quarcini, who was the
9 business agent. Whatever he asked me to do, I did.
10 Q Is Mr. Quarcini still the business agent?
11 A No. He -- after we were arrested, one year after
12 we were arrested, he passed away.
13 Q Are you aware of whether Mr. Quarcini knew Senator
14 Bruno?
15 A Yes, I am.
16 Q Do you have any understanding of how well
17 Mr. Quarcini knew Senator Bruno?
18 A He knew him very well.
19 Q Do you have any understanding of how Mr. Quarcini
20 got in touch with Senator Bruno?
21 A Well, Mr. Quarcini had been, through the years,
22 starting -- he started in office in 1966, I think, or '67,
23 he was always close to political figures that would help
24 Local 91, starting with Nelson Rockefeller and right up
25 through Senator Earl Bridges at the time, John Daley, and he

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1 eventually met Mr. Bruno, I believe through John Daley, who
2 was Niagara County Legislator at the time.
3 Q You a aware of whether Mr. Quarcini ever spoke to
4 Mr. Bruno about any legislative issues?
5 A Often.
6 Q How are you aware of that?
7 A Well, Mr. Quarcini would tell me, after a meeting
8 with him, I would meet with him and other members of the
9 union and discuss his conversations with Mr. Bruno and we
10 would discuss, you know, Mr. Bruno would be able to do for
11 Local 91, as far as getting work and things like that, work
12 for the area.
13 Q Have you ever attended a meeting with Mr. Quarcini
14 to talk to Senator Bruno about legislative issues?
15 A Yes, I did.
16 Q Where was that meeting held?
17 A In a conference room next to Mr. Bruno's office in
18 The Capital Building, I believe.
19 Q Who was at the meeting?
20 A Mr. Bruno, George Maziarz, Mr. Quarcini,
21 Mr. Dellaccio, Nick Spano and myself.
22 Q Could you spell Dellaccio for us?
23 A D-E-L-L-A-C-C-I-O.
24 Q Now, you mentioned a Mr. Maziarz, did he have any
25 special role?

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1 A Well, Mr. Maziarz was a legislator in Niagara
2 County and he was kind of like our go-between for Mr. Bruno
3 at times. He was -- we were very close to him, Butch was
4 very close to him and depended on him to set us out in
5 certain situations where legislation was.
6 Q Was Mr. Maziarz in a state position?
7 A Yes.
8 Q Do you know what his position was?
9 A Not offhand. He was -- no, I would be guessing.
10 I think it had something to do with the labor department,
11 but I'm not sure on that.
12 Q What issue was discussed during the meeting that
13 you attended with Senator Bruno and Mr. Quarcini?
14 A Well, Mr. Quarcini was always looking for money
15 for the area. He wanted to get money for -- from the DOT
16 for road jobs and other assistance, to bring money into
17 Niagara County because it was so bad. He talked about that.
18 And then he talked to Mr. Bruno about the possibility of
19 bringing in a tribe from Oklahoma to set up a casino in
20 Niagara Falls.
21 Q Why did Mr. Quarcini want this tribe from Oklahoma
22 to be able to build a casino in Niagara Falls?
23 MR. LOWELL: Objection.
24 THE COURT: I'll sustain it as to foundation.
25 What's the basis of the witness' knowledge?

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1 BY MS. COOMBE:
2 Q Did you ever have any conversations or
3 interactions with Mr. Quarcini during which he indicated to
4 you why he was interested in supporting the efforts of this
5 tribe from Oklahoma to build a casino?
6 A Yes, we talked about it before the meeting.
7 Q What is your understanding of why Mr. Quarcini
8 wanted to support that effort?
10 THE COURT: Overruled. You may answer.
11 A We wanted to get the -- all the work in the casino
12 besides building the casino, the union. We wanted to get
13 all the jobs, the dealers, the maintenance people, we wanted
14 to sign them up under Local 91's jurisdiction.
15 Q Did you have any understanding about whether this
16 tribe from Oklahoma would be willing for that to happen?
17 A Mr. Quarcini felt that they would be. And he was
18 very, very anxious to try to get them to come in to the
19 area.
20 Q So let's go back to this meeting with Senator
21 Bruno. What did Mr. Quarcini seek during that meeting?
22 A His cooperation in helping us get the, you know,
23 tribe into the area. At the time, the Senecas claimed right
24 to that land, but Mr. Quarcini went to Mr. Bruno and told
25 him that he felt comfortable that the tribe out of Oklahoma

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1 would be able to come in there, they also had some sort of
2 rights, they felt, and that he wanted his cooperation in
3 helping to bring them in.
4 Q What was Senator Bruno's reaction?
5 A He told Mr. Quarcini he would do anything he could
6 to help him.
7 Q While you were the assistant business agent, did
8 Local 91 have any benefits funds?
9 A Yes, we did.
10 Q Was there a pension fund?
11 A Yes, there was.
12 Q What was the total amount of the pension fund,
13 approximately?
14 A Approximately, between fifty and $60 million.
15 Q Did the pension fund have trustees?
16 A Yes, they did.
17 Q Were you one of the trustees?
18 A Yes, I was.
19 Q When did you become a trustee for the pension
20 fund?
21 A I believe it was in 1990 -- around '95, '94, '95.
22 Q How long did you serve as a trustee for the
23 pension fund?
24 A Right up until the day I was arrested.
25 Q Now, as a trustee, was it your understanding that

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1 one of the trustees had more influence than the others in
2 investment decisions?
3 A Well, Mr. Quarcini had all the influence. He was
4 in control of, you know, the decision makin' for the
5 trustees, for the laborers side for sure and somewhat from
6 the employers side also.
7 Q Why was it your understanding that Mr. Quarcini
8 had, as you put it, all the control for the union trustees?
9 A 'Cause if you didn't agree with him, you wouldn't
10 be a trustee.
11 Q You also mentioned Mr. Quarcini had some influence
12 with the employer trustees?
13 A Yes. 'Cause they knew how powerful he was
14 politically and --
15 MR. LOWELL: Objection as to what the management
16 trustees knew.
17 THE COURT: Overruled.
18 THE WITNESS: Continue?
19 THE COURT: You may continue.
20 THE WITNESS: Okay.
21 A He -- and he had been friends with many of them
22 for 30, 40 years, and he was also part of them being put on
23 to the fund and they knew that Mr. Quarcini was doing things
24 for their benefit also. And so they were aware that, you
25 know -- of his power, you know, and what he wanted. And he

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1 usually didn't take no for an answer from anybody, so...
2 MS. COOMBE: Your Honor, the Government moves the
3 admissions of Government Exhibits GJ-2, GJ-16 and GJ-17.
4 THE COURT: Objections.
5 MR. LOWELL: No, sir.
6 THE COURT: Admitted.
7 (Government Exhibits GJ-2, GJ-16 and
8 GJ-17 received.)
9 MS. COOMBE: May I approach, your Honor?
11 BY MS. COOMBE:
12 Q I'm handing you Government Exhibit GJ-2. Can you
13 tell us what that is?
14 A This is the minutes from one of our investment
15 meetings with the trustees.
16 Q Okay. And the date is July 29 of 1999?
17 A Yes, it is.
18 Q I'd like to direct your attention to the second
19 paragraph. It indicates who was present for the meeting.
20 Mr. Michael Quarcini, Mrs. Cheryl Cicero. Who was
21 Mrs. Cheryl Cicero?
22 A That was Mr. Quarcini's daughter.
23 Q Mr. Edward Carlo, Mr. Mark Congi, that's you?
24 A Um-hum.
25 Q Mr. Dominick Dellaccio?

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1 A Right.
2 Q Mr. Angelo Massaro?
3 A Right.
4 Q Mr. Frank Mirabelli?
5 A Yes.
6 Q And Mr. Don Smith?
7 A Yes.
8 Q Can you tell us which of these people were union
9 trustees?
10 A Mr. Quarcini, Mrs. Cicero, Mr. Carlo, myself and
11 Dom Dellaccio.
12 Q All right. I'd like to direct your attention to
13 the third page of the exhibit. Can if you'd look at the
14 first full paragraph, not the one on the top, but underneath
15 that. There we go. Do you see where we are, Mr. Congi?
16 A Yes, um-hum.
17 Q It says, "A lengthy discussion was held regarding
18 allocation. It was stated that we had added six managers,
19 not five. Wright Investors' Services another bond manager."
20 A Um-hum.
21 Q Who decided to include Wright Investors' Services
22 in the search?
23 A Michael Quarcini.
24 Q Did you have any understanding about why
25 Mr. Quarcini decided to include Wright Investors' Services

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1 in the search?
2 A Yes. He informed me that Senator Bruno had
3 business with Wright Investors and it would be to our
4 benefit to invest money with this company.
5 Q Do you have any understanding, did Mr. Quarcini
6 elaborate on what benefit it would be to the union?
7 A Yes. He -- he felt that --
9 THE COURT: Overruled.
10 MR. LOWELL: He felt.
11 A He felt that to make Mr. Bruno happy, that we
12 would invest with this company and he would, in turn, do us
13 favors in return.
15 THE COURT: You may.
16 BY MS. COOMBE:
17 Q Mr. Congi, I'm handing you Government Exhibit
18 GJ-16. Do you recognize that?
19 A Yes.
20 Q What is it?
21 A It's another minutes from a special investments
22 meeting.
23 Q And I'd like to direct your attention, the date is
24 August 10th of 2001?
25 A Right.

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1 Q Were you still a trustee at the time?
2 A Yes, I was.
3 Q All right. And you see the second paragraph there
4 indicates who was present?
5 A Um-hum.
6 Q You have to say "yes" or "no," Mr. Congi.
7 A I'm sorry, yes.
8 Q And your name is not listed there, is that
9 correct?
10 A That's true.
11 Q I'd like to direct your attention to the fourth
12 page of the exhibit. Actually, the fifth page of the
13 exhibit. I'd like to direct your attention to the second
14 full paragraph, the last sentence. It states, "Mr. Parisi
15 recommends pulling the bonds away from all existing managers
16 and transferring them to Wright Investors' Services."
17 A I'm on the wrong page. I am not seeing that. You
18 said page 5?
19 Q I did.
20 THE COURT: She went back to 4.
21 Q I got a little confused, Mr. Congi, I went back to
22 4.
23 A All right. I see it now.
24 Q And if you could please turn now to page 8.
25 A Okay.

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1 Q You see the fourth full paragraph that starts
2 Mr. Carlo?
3 A Yes.
4 Q It states, "Mr. Carlo made a motion for the
5 transfer and kind of the bonds at Phoenix Investment Company
6 to Wright Investors' Services, second by Mr. Massaro,
7 carried"?
8 A Yes.
9 Q Now, this meeting took place in 2001. Was there
10 any issue of legislative interest to Local 91 at that time?
11 A Yeah. Well, there always was, but in particular,
12 at the time, Butch was pushing for the -- well, several
13 items. First the Oklahoma tribe, he wanted them, you know,
14 to come in and to take over the casinos. He wanted also --
15 there was work that needed to be done on New York State
16 Power Authority, a second phase of a job, he was looking for
17 that money to get awarded. And to try to get this job going
18 because, you know, we were in need of work in the area. And
19 of course, there was always the money from DOT for the road
20 jobs because the roads are so bad in Niagara county.
21 Q Now, at the time you were assistant business agent
22 and also a trustee, is that correct?
23 A Yes.
24 Q Now, based on those experiences, your positions,
25 did Mr. Quarcini ever express to you what his position was

90
1 on whether additional bond money should be given to Wright
2 Investors' Services?
3 A Well, yes. He felt that the more money we gave to
4 his company, the more help we were gonna get from Senator
5 Bruno.
8 BY MS. COOMBE:
9 Q I'm showing you Government Exhibit GJ-17. And
10 that's a statement from Wright Investors' Services for the
11 Local 91 pension fund?
12 A Yeah.
13 Q I'd like to direct your attention down to the -- a
14 little farther on the first page. You see there's a
15 beginning market value line, it's approximately $5.1
16 million?
17 A Yes.
18 Q And then there's deposits underneath that,
19 approximately $5.2 million?
20 A Yes.
21 Q So after the trustees voted to give Wright this
22 additional bond money --
23 A Um-hum.
24 Q -- Wright was managing approximately $10 million
25 in bonds?

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1 A Yes.
2 Q Was that a significant portion?
3 A It was huge. It was almost 20 percent of our
4 total, you know, pension -- our monies.
5 Q Did any employee of Wright ever disclose that
6 Senator Bruno was being paid by Wright Investors' Services?
7 A Never to me.
8 Q Did any employee of Wright ever disclose that
9 there was any relationship between Senator Bruno and Wright
10 Investors' Services or The Winthrop Corporation?
11 A No.
12 Q Are you aware of whether Mr. Quarcini ever took
13 Senator Bruno on a helicopter ride?
14 A Yes, he did.
15 Q When did that occur?
16 A Before one of our golf tournaments. Mr. Quarcini
17 had asked Senator Bruno if he could use his name to -- on
18 our letterhead to -- we had a golf tournament every year and
19 if he would co-sponsor our golf tournament. And this one
20 particular year, Mr. Bruno flew in and Mr. Quarcini arranged
21 for a helicopter ride to take him over the Horseshoe Falls.
22 Q Who went on the helicopter ride?
23 A Mr. Quarcini, Senator Bruno, George Maziarz and I
24 believe Mark Zito.
25 Q What was the purpose of the helicopter ride?

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1 A To show Mr. Bruno the difference between Niagara
2 Falls, Ontario, and Niagara Falls, New York. As the
3 Horseshoe Falls splits them and the helicopter ride takes
4 you right over the falls, and so, underneath, you got the
5 water and you're surrounded by the Horseshoe Falls. If you
6 look to your right, Niagara Falls, Ontario, is just a spry
7 city, it's all done up, very clean, new buildings are being
8 built over there, and to the left you have Niagara Falls,
9 which is delapidated and just, you know, terrible.
10 Q Was Mr. Quarcini hoping to convince Senator Bruno
11 to do anything about that situation?
12 A Yes, he was. He wanted to show them the
13 difference, you know, between the two areas, you know.
14 Q Was Mr. Quarcini, is it your understanding that
15 Mr. Quarcini was hoping that Senator Bruno could help in
16 some way?
17 A Yes. You know by showing him, in person, how bad
18 it was, he was hoping that Mr. Bruno, through his influence,
19 could help bring more money into the area.
20 Q Was there a dinner after the golf tournament?
21 A Yes, there was.
22 Q Where did the helicopter land?
23 A Right before you go over the bridge, I believe it
24 was -- there's a hotel right there that had a helicopter
25 service. And then -- but Mr. Bruno was flown to the golf

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Congi - Cross - Lowell
1 course after that, over the falls, he was flown to the golf
2 course.
3 Q Now, during the dinner, did Mr. Quarcini say
4 anything about the helicopter ride?
5 A Yeah, he made a joke, he was talking about the
6 ride and he told everybody in attendance how he had taken
7 Mr. Bruno up into the helicopter ride and showed him and
8 then he said that he told Mr. Bruno that if he didn't get
9 money for us to fix up the area, he was gonna throw him out
10 of the helicopter.
11 MS. COOMBE: May I have a moment, your Honor?
13 (Pause in proceedings.)
14 MS. COOMBE: I have nothing further, your Honor.
15 THE COURT: Cross-examination.
16 MR. LOWELL: Yes, sir.
17 CROSS-EXAMINATION
18 BY MR. LOWELL:
19 Q Good morning, Mr. Congi. My name is Abbe Lowell,
20 I am one of Mr. Bruno's lawyers.
21 A Good morning.
22 Q During your testimony, you talked a lot about how
23 Mr. Quarcini, is that how he says his name?
24 A Quarcini.
25 Q How he felt, right?

94
1 A Um-hum. Well, yeah.
2 Q And in telling us how he felt, are you telling us
3 what Mr. Quarcini, from time to time, said to you and then
4 how you interpreted it, is that right?
5 A When I stated -- when Mr. Quarcini told me
6 something --
7 Q Um-hum.
8 A -- that was his opinion, that was his, you know,
9 what he was going to do or express, that's how he felt.
10 Q So you were telling us about things that
11 Mr. Quarcini said and then his opinion. You used the word
12 "opinion," correct?
13 A Yes.
14 Q What kind of guy was Mr. Quarcini? Somebody who
15 liked to brag and show how powerful he was, or somebody who
16 was timid and shy?
17 A No. He was a very powerful figure, very powerful
18 figure. He wasn't -- he wouldn't just talk to anybody, you
19 know what I mean. But he let people know that -- who he was
20 and, you know, that he knew people.
21 Q And as to my question, somebody who liked to sort
22 of brag or somebody who was sort of shy?
23 A I hate saying bragger, because he would only talk
24 to us close to him like that. But once in awhile he would,
25 you know, say other things to other people.

95
1 Q Let me make sure I also understand the background
2 of your testimony.
3 A Sure.
4 Q You started by explaining that you had been
5 convicted of a crime.
6 A Yes.
7 Q And you said it was racketeering?
8 A Yes.
9 Q What did you do?
10 A What I did was anything Mr. Quarcini told me to
11 do, I did. I followed his direction.
12 Q Okay.
13 A You want specifics?
14 Q I want to know. Did you hurt people?
15 A I ordered people to hurt people.
16 Q Okay. Did you lie to people?
17 A Did I what?
18 Q Did you lie to people?
19 A Did I lie to people?
20 Q Have you lied to people?
21 A Not the people that I worked with.
22 Q But to others?
23 A To others? I mean, you know, I'm a pretty
24 straightforward guy. I mean, I tell it like it is, so I
25 wouldn't say I'm a liar, no.

96
1 Q Have you lied to people in the course of getting
2 done what you want to get done?
3 A I just didn't always tell them the truth. Or I
4 just didn't tell 'em at all.
5 Q So you ordered people to hurt people and sometimes
6 you didn't lie, but you just didn't tell them the truth.
7 That's different in your head?
8 A Sure.
9 Q And you said that you are serving a sentence now?
10 A Yes, sir.
11 Q What's the length of that sentence?
12 A Fifteen years.
13 Q When did you start it?
14 A I started in -- August 5, 2005.
15 Q And so you got a ways to go?
16 A Right now I've got about eight years and three
17 months to go.
18 Q And it would be good if you could get a way to get
19 your sentence a reduced, wouldn't it be?
20 A It would be good you said?
21 Q Yeah.
22 A Anybody in prison would like to go home. I mean
23 everybody I know of. There isn't anybody.
24 Q So along the way of your having been convicted for
25 what you said you did, you also entered into a cooperation

97
1 agreement now with the Government, right?
2 A Yes.
3 Q And what you hope to result from that is that your
4 sentence will be reduced, correct?
5 A Well, when I pled guilty, I agreed at that time as
6 part of my plea bargain for the 15 years was to be truthful
7 to them about any of my experiences with Local 91.
8 Q Right.
9 A And I agreed to do that.
10 Q And is it your hope at the end of this cooperation
11 your sentence will be reduced?
12 A Well, at this point, I don't -- you hope for the
13 best, expect the worse. So there's nothing that I expect at
14 all.
15 Q You don't hope to get out early?
16 A I would like to see my wife and children, yeah,
17 but you know, I'm just here, you know, to be truthful and
18 that's all I'm here to do.
19 Q In terms of your being truthful, in terms of the
20 work of the pension fund of the laborers --
21 A Right.
22 Q -- you didn't have a big role in that, did you?
23 A Mr. Quarcini had all the control of that. I was a
24 yes or no vote to support whatever he wanted done.
25 Q And if you wanted to hear about what happened at

98
1 those trustee meetings, you could call various of the people
2 who attended them, is that right?
3 A I'm not understanding you.
4 Q If you wanted to know what happened at any of the
5 investment committee meetings or any of the investment
6 meetings for any of the funds that you talked about, there
7 were a number of people who attended those meetings, right?
8 A Yeah.
9 Q You attended one or two, is that right?
10 A No. It was more than that.
11 Q One or two of the ones that you were asked about
12 by the Government's attorney.
13 A Yes. Yes.
14 Q But you weren't the only one, right?
15 A Right.
16 Q Mr. Edward Carlo attended, right?
17 A Um-hum.
18 Q Mr. Angelo Massaro did?
19 A Yes.
20 Q Mr. Mirabelli attended?
21 A Yes.
22 Q Mr. Don Smith attended?
23 A Yes.
24 Q Mr. Massaro, Mr. Mirabelli and Mr. Smith would be
25 employer trustees, is that fair?

99
1 A That's true.
2 Q They're not the only people who attended those
3 meetings, is that right?
4 A No.
5 Q There are some people who were not even associated
6 with the unions or employers?
7 A Our attorney.
8 Q Attorney, who was he?
9 A Gene Salisbury.
10 Q And he was an attorney that provided legal advice
11 at these meetings, correct?
12 A Yes.
13 Q And there was in addition to the attorney another
14 person named Mr. Parisi?
15 A Yes, Dan Parisi.
16 Q Dan Parisi was an independent advisor of the
17 pension funds, is that correct?
18 A Yes. And he attended, right, not all the time,
19 but most of the time.
20 Q How about if we would look on, for example, do you
21 have in front of you -- I am not sure what you have in front
22 of you. Do you have --
23 MR. LOWELL: Your Honor, to make this simpler,
24 please, we would like to move into evidence Defense Exhibit
25 J-2.

100
1 MS. COOMBE: No objection.
2 THE COURT: What is it?
3 MR. LOWELL: Judge J-2 is the May 21, 1999 minutes
4 of the investment committee meeting Laborers Local 91.
5 THE COURT: So it's J-2 or Defense Exhibit J-2.
6 MR. LOWELL: D-J-2.
8 MR. LOWELL: And may I approach, please?
10 MR. LOWELL: Thank you.
11 (Defendants Exhibit J-2 received.)
12 BY MR. LOWELL:
13 Q Mr. Congi, you'll see that that is on the screen
14 as well in front of you, do you see that?
15 A Yes.
16 Q Now you started the testimony you gave today with
17 Ms. Coombe by talking about a later meeting, one that
18 occurred in July of 1999, right?
19 A Yes.
20 Q But this is two or three months -- two months
21 earlier, correct?
22 A Yes.
23 Q And if you'll look at the people that are in
24 attendance, present for the meeting and also present --
25 please, Jon -- present for, the second and third paragraph.

101
1 Okay, we talked about Mr. Carlo and we talked about
2 Mr. Massaro, Mr. Mirabelli and Mr. Smith. See their names
3 there?
4 A Yes.
5 Q And also present you had identified Gene Salisbury
6 as the attorney, right?
7 A Yes.
8 Q And you also identified Daniel Parisi as the fund
9 consultant, right?
10 A Yes.
11 Q And he was there for the meeting?
12 A Yes.
13 Q And so was Jo Anne Govern?
14 A Yes.
15 Q So, as to this meeting, there were any number of
16 people who could come and give testimony as to what happened
17 and what was considered in addition to yourself, isn't that
18 fair?
19 A Yeah.
20 Q But you're here?
21 A Right.
22 Q Now, Mr. Salisbury he is not convicted, is he?
23 A No, he's not.
24 Q And Mr. Parisi the fund manager, he is not
25 convicted, is he?

102
1 A In.
2 Q And Miss Jo Anne Govern, she is not convicted, is
3 she?
4 A No, she's not.
5 Q But you're here?
6 A Yes, I am.
7 Q Let's look at the meeting. The results of the
8 investment decisions concerning Laborers 91, that's not a
9 decision that was decided by the trustees on July 29, 1999,
10 without prior discussion, am I correct about that?
11 A Yes, you are.
12 Q So, let's look at this. On the first page of
13 this -- I am sorry, before I ask you a question, Mr. Parisi,
14 as the independent consultant to the union's pension fund --
15 A Um-hum.
16 Q -- he's net an employee of the pension fund, is
17 that right? He's not a -- sorry, strike is that. He's not
18 an employee of the union?
19 A Right.
20 Q And he's not an employee of the managers or the
21 employers?
22 A Right.
23 Q He is his own entity that provides advice?
24 A Yeah. You could say that.
25 Q Well, let's look at what the minutes say.

103
1 A Okay.
2 Q Let's look at the fifth paragraph. See where it
3 says, "Mr. Parisi stated that we should start by going over
4 the booklets prepared by him showing performance on all the
5 existing investment firms from the date of the inception."
6 See that?
7 A Yep.
8 Q At the time, was Manning & Napier the entity that
9 was investing of the funds of this pension fund?
10 A I suppose so. I mean, if that's what it says.
11 Q Okay. Then, if you look at the next paragraph, it
12 says, "After going over the performance report, we can
13 decide what, if anything, to do with the existing firms."
14 Do you see that?
15 A Um-hum. Yes.
16 Q And then it goes on, "If everyone doesn't agree,
17 then we can vote on who goes, who stays and what the
18 re-allocation of funds will be." Do you see that?
19 A Yes.
20 Q And then look at two lines later,
21 "Mr. Salisbury" -- that's the lawyer, right?
22 A Yes.
23 Q -- "says we have been waiting a year to make some
24 decisions," correct?
25 A Yes.

104
1 Q And then it says in the next paragraph,
2 "Mr. Parisi, the independent advisor, distributed
3 performance booklets," correct?
4 A Yes.
5 Q And those performance booklets talked about
6 whether or not the existing managers were doing a good or
7 not a good job with the funds that they were managing, is
8 that fair?
9 A Yes.
10 Q And then if you look at the next page, top, the
11 minutes go on, "we have a problem with underperformance."
12 Do you see that?
13 A Yes.
14 Q And as I understand it, tell me if you agree,
15 underperformance means at that point, in May of 1999, the
16 funds of this pension fund were not performing well enough?
17 A Yeah, in his opinion.
18 Q "His" being the person whose job it is to provide
19 advice as to whether funds were doing well?
20 A Right.
21 Q And then, if you look at five paragraphs down,
22 please, where it says, "Mr. Salisbury stated that Manning &
23 Napier had all the money," correct?
24 A Um-hum.
25 Q So at that point, one firm had all the investment

105
1 funds, is that correct?
2 A Yes.
3 Q And that fund was being said to be
4 underperforming, is that right?
5 A Yes.
6 Q And then, then if you look further down, it says,
7 "Mr. Massaro quoted all the rates of money managers, do you
8 see that?
9 A Yes.
10 Q So now you were being presented -- I say you, the
11 people there, Mr. Massaro was telling you the various rates
12 of various funds, correct?
13 A Yes.
14 Q To compare, right, to see who was performing well
15 and who wasn't?
16 A Right.
17 Q Okay. Turn to the next page, please. Then it
18 says "Mr. Massaro" -- who is Mr. Massaro again?
19 A It's Mr. Massaro.
20 Q I'm sorry.
21 A That's okay. He is the head trustee for the
22 employees -- employers, I'm sorry.
23 Q Okay. So he is an employer trustee, correct?
24 A Yes.
25 Q And he's talking here, right?

106
1 A Yes.
2 Q And he is asking Mr. Parisi to read off the names
3 of new prospective money fund managers, is that correct?
4 A Yes.
5 Q Mr. Parisi had brought such information to the
6 meeting ahead of time, right?
7 A Yes.
8 Q And then two paragraphs later, Mr. Parisi stated
9 Simms Capital Management is one of the top firms. Do you
10 see that line?
11 A Yes.
12 Q And he talks about global and international
13 trading is all that this particular firm does, you see that?
14 A Yes.
15 Q And it goes on Turner Investment is mostly small
16 cap. Do you see that?
17 A Yes.
18 Q Let me stop there. The pension and this
19 particular fund of union funds invested had more than just
20 bonds in it, correct?
21 A Yes.
22 Q So when you were addressing bonds that was a
23 portion of the entire portfolio?
24 A Right.
25 Q Is that fair?

107
1 A Yes.
2 Q And then talked about this entity called Niagara
3 Investment Advisors -- said that one already. Sorry. Now
4 if you look down at the next sentence about Mr. Mirabelli --
5 the next paragraph, Jon, please -- Mr. Mirabelli, now
6 Mr. Mirabelli, employer trustee, correct?
7 A Yes.
8 Q Suggested that we pick out the firms that stand
9 out performance wise, right?
10 A Yes.
11 Q So Mr. Mirabelli is being said in these minutes to
12 be looking for an entity that will stand out, correct?
13 A Yes.
14 Q Mr. Mirabelli, in your dealings with him, wasn't
15 looking to lose or waste the pension fund money, was he?
16 A No, he wasn't.
17 Q And Mr. Quarcini even was not looking to lose or
18 waste the pension fund money, was he?
19 A Absolutely not.
20 Q These funds belonged to the members who
21 contributed after their hard work --
22 A Yes.
23 Q -- to make sure their funds were invested well,
24 correct?
25 A Yes.

108
1 Q And then if you'll see the next sentence, it says
2 Mr. Massaro asked on the existing manager who stays, see
3 that?
4 A Yes.
5 Q Mr. Massaro, an employer trustee, right?
6 A Yes.
7 Q And then if you look at the bottom of the page,
8 Mr. Massaro talked about all of the returns from these
9 entities as it is said, the Simms Capital, the Phoenix,
10 et cetera, you see those?
11 A Yes.
12 Q And then a whole two months before the document
13 that Miss Coombe said, do you Wright Investors is on the
14 list, you see that? Next page?
15 A Yes.
16 Q Along with one, two, three, four, five, six,
17 seven, eight, nine others?
18 A Um-hum.
19 Q Right?
20 A Yes.
21 Q And the performance of all these were being
22 compared that day, correct?
23 A Yes.
24 Q Now, when you said that ultimately there was some
25 presentation by Wright Investors' Services and nobody from

109
1 Wright said anything about their relationship with Senator
2 Bruno, remember that?
3 A Yes.
4 Q You weren't trying to say to the people at
5 Laborers 91 and these individuals didn't know that Mr. Bruno
6 had a financial relationship with Wright, were you?
7 A Could you repeat that, please?
8 Q Sure. You knew that Mr. Bruno, in fact, had a
9 financial relationship with Wright, didn't you?
10 A I -- I knew he had a business relationship with
11 'em.
12 Q Right. Yes, you knew?
13 A Right.
14 Q I'm sorry, you did?
15 A Yes.
16 Q And Mr. Quarcini knew?
17 A Yes.
18 Q And you had no reason to know the other trustees
19 didn't know that either, right?
20 A I can't speak for 'em. I don't know if they knew
21 or not. I'm assuming some might have, okay.
22 Q Right. Because you --
23 A Well, he didn't always tell them what he told me,
24 you know.
25 Q But you do know that you knew?

110
1 A Yes.
2 Q And you do knew that he knew?
3 A Yes.
4 Q And not one time, not one single time did he ever
5 say to you, "By the way, don't tell anybody Mr. Bruno has a
6 financial relationship with Wright," that never came up?
7 A I assume that to be. I never discussed anything
8 with anybody other than with his permission.
9 Q Okay. But he never told you to?
10 A No.
11 Q And so, by the way, if you were at a presentation,
12 in which the merits of Wright versus Phoenix, versus NWQ,
13 versus Marine were being discussed, there would be no reason
14 to say, "By the way, don't forget, Mr. Bruno is involved
15 with Wright," right?
16 A No, there wouldn't be.
17 Q Indeed, at that point, you're looking to see
18 which, to use the phrase that was used before, are the
19 "stand-out performers," correct?
20 A Correct.
21 Q And if you'll turn to page 5 of this document,
22 please, and this begins -- and if you'll look four down, "We
23 all recognize" -- first of all, it says, "We all recognize."
24 You see that?
25 A Yes.

111
1 Q "That something has to be done with Manning &
2 Napier," right?
3 A Yes.
4 Q Because Manning & Napier was not performing as any
5 of the others that were being compared were performing,
6 correct?
7 A Correct.
8 Q And indeed, it wasn't just Manning & Napier that
9 were letting you guys down, right?
10 A Correct.
11 Q Look at the next sentence. "We have three
12 investment firms not performing up to par at present.
13 Clover Capital," right?
14 A Yes.
15 Q "HGK," right?
16 A Right.
17 Q And "Manning & Napier"?
18 A Right.
19 Q So, in freezing time, in mid 1999, the pension
20 fund was very concerned and needed to make a change,
21 correct?
22 A Yes.
23 Q And then, if you look down to the third from the
24 bottom, it says, "Mr. Don Smith suggested at the next
25 meeting Mr. Parisi should give us a two-part proposal." Do

112
1 you see that?
2 A Yes.
3 Q And then, the Board will vote on Mr. Parisi's
4 recommendations, you see that?
5 A Yes.
6 Q And Mr. Smith another employer trustee, correct?
7 A Yes.
8 Q And then it says the next paragraph this is not
9 going to be just let's consider Wright, was it?
10 A Right.
11 Q Indeed, it says the firms to be taken into
12 consideration are, H.C. brown, HGK, Clover Capital,
13 Executive, Manning & Napier, and the prospective managers
14 are Phoenix, NWQ, Freedom Capital, Wright Investment and
15 Niagara Investment. Correct?
16 A Correct.
17 Q And Mr. Parisi, between then and the next meeting,
18 was going to look at which of the existing fund managers
19 should be kept?
20 A Right.
21 Q And which new ones should be added?
22 A Right.
23 Q And then there was the meeting that you were asked
24 about, and that, if you could put up -- do you have GJ-2?
25 A Yes, I have.

113
1 Q Do you have it in front of you?
2 MR. LOWELL: Could we switch over, Mr. Law, I
3 think that was added today? Could you please put up GJ-2?
4 Thank you very much.
5 Q And at this meeting, if you look at the second
6 paragraph, and present were again Mr. Quarcini, correct?
7 A Yes.
8 Q And you were there?
9 A Yep.
10 Q And Mr. Mirabelli was there again?
11 A Yes.
12 Q And Miss Massaro -- Mr. Massaro?
13 A Yes.
14 Q And Mr. Smith?
15 A Right.
16 Q Were three of the employer trustees, correct?
17 A Um-hum yes.
18 Q And your lawyer was there again?
19 A Yes.
20 Q And Mr. Parisi, in fact, was there?
21 A Yes, he was.
22 Q And so was Ms. Govern?
23 A Yes, she was.
24 Q And this was after the minutes from the last one
25 required Mr. Parisi to do something, right?

114
1 A Yes.
2 Q So, if you'll look down seven paragraphs, to the
3 sentence that begins "Mr. Parisi presented," do you see
4 that?
5 A Yes.
6 Q And it says, "Mr. Parisi presented proposed
7 allegation -- allocation sheet to the board (copy
8 attached.)" See that?
9 A Yes.
10 Q At that meeting, Mr. Parisi actually made a
11 recommendation as to how much of what funds should go with
12 what managers, correct?
13 A Yes.
14 Q And it says he pointed out the total assets of
15 June 30, 1999, are $48,545,508.10?
16 A Yes.
17 Q And then it says in the next sentence, a
18 discussion -- "during the discussion of the allocation
19 sheet." You see that?
20 A Yes.
21 Q So it wasn't that Mr. Parisi simply put a piece of
22 paper on the table and discussed the various performances,
23 there was a discussion about it?
24 A Yeah.
25 Q And then what followed was a discussion about fees

115
1 as well, correct?
2 A Yes.
3 Q What that meant was Mr. Parisi was comparing not
4 just the performance of these investment managers but how
5 much it was going to cost the pension fund to use any of
6 them, correct?
7 A Correct.
8 Q Because that was a factor as well?
9 A Yes.
10 Q And then if you look at the last page, and
11 again -- by the way, look at the very last page, who
12 prepared these minutes?
13 A They were prepared by Miss McGovern (sic) with
14 assistance from Miss Cicero.
15 Q And this one says clearly on the bottom Jo Anne
16 Govern, correct?
17 A Yes.
18 Q So a good person to find out what happened at this
19 meeting would be Jo Anne Govern, right?
20 A Yeah, I guess so.
21 Q And if you look at the first full paragraph on
22 this page, not the top, the second, I'm sorry, just isolate
23 the second, please, "a lengthy discussion." The second
24 paragraph on this document, which by the way is the
25 investment committee meeting minutes, "A lengthy discussion

116
1 was held regarding allocation." Do you see that?
2 A Yes.
3 Q So now we have Mr. Parisi letting out his
4 recommendation, we have the materials he provided and now
5 there's a lengthy discussion, right?
6 A Right.
7 Q And what happened at the end of that meeting was
8 the fund which had put all of its money with one manager who
9 was underperforming now divided, correct?
10 A Yes.
11 Q And didn't divide it from the one that was
12 underperforming to Wright Investors, did it? There were
13 five others?
14 A Right.
15 Q And I'd like to show you, please, what has been
16 marked and we've provided the Government and seek admission
17 by agreement of Defense Exhibit J-57?
18 MS. COOMBE: No objection.
20 (Defense Exhibit J-57 received.)
21 Q And this one --
22 MR. LOWELL: And may I approach the witness,
23 please?
25 MR. LOWELL: Thank you.

117
1 BY MR. LOWELL:
2 Q Do you have that in front of you, Mr. Congi?
3 A Yes.
4 Q Okay. This is a July 21, 2000 minute meeting.
5 (Pause in proceedings.)
6 Q All right. You see this is July 21, 2000, you see
7 it's an another pension fund investment meeting?
8 A Yes.
9 Q And you see present again were Mr. Carlo, correct?
10 A Yes.
11 Q As well as Mr. Massaro, correct, and Mr. Smith,
12 see that?
13 A Yes.
14 Q Now, you're not there, are you?
15 A Nope.
16 Q Mr. Quarcini isn't there, is he?
17 A Nope.
18 Q But Mr. Salisbury the lawyer is still there, isn't
19 he?
20 A Yes.
21 Q And again Mr. Daniel Parisi is there, isn't he?
22 A Yes.
23 Q And Miss Govern is there?
24 A Yes, she is.
25 Q And it said, now this is after the meeting that we

118
1 talked about, this is a full year later from the last
2 meeting, correct?
3 A Yes.
4 Q Mr. Parisi is still monitoring the performance,
5 isn't he?
6 A Yes.
7 Q Says, "Mr. Parisi made a proposal of the breakdown
8 of the Manning & Napier account," see that?
9 A Yes.
10 Q So you guys from the last meeting of a year ago
11 still provided some funds for Manning & Napier to keep, is
12 that right?
13 A Yes.
14 Q And if you'll look at the paragraph, it says,
15 "Manning & Napier has continued to perform under the annual
16 expectations," you see that?
17 A Yes.
18 Q So they still weren't doing a good job, is that
19 right?
20 A Yes.
21 Q And if you turn to the next page, it says,
22 "Mr. Parisi explained that once the realignment of the
23 Manning & Napier account is complete, then the following
24 deductions per month would permit the pension funds to be
25 met." See that?

119
1 A Yes.
2 Q And then there's a series of monthly deductions
3 ranging from 62,000 down to 50,000?
4 A Yes.
5 Q You see is that?
6 A Um-hum.
7 Q And there are five separate fund managers that
8 have been awarded the ability to invest funds, correct?
9 A Yes.
10 Q One is Harold C. Brown, right?
11 A Um-hum, yes.
12 Q One is Key Asset Management, correct?
13 A Yes.
14 Q One is Niagara Investment?
15 A Yes.
16 Q One is Phoenix Investment?
17 A Yes.
18 Q And then one in Wright Investors' Services, right?
19 A Yes.
20 Q So, by no means did all of these funds go to
21 Wright, did they?
22 A No.
23 Q And by no means did they go to Wright on the basis
24 of anything Mr. Parisi omitted from his presentation, it was
25 all there that day, wasn't it?

120
1 A According to Mr. Parisi.
2 Q Well, not according to Mr. Parisi. Look who
3 signed the bottom.
4 A Miss Govern.
5 Q Who created this document as well?
6 A Yes.
7 Q Have you talked to Miss Govern prior to your
8 testimony?
9 A No, I have not.
10 Q Have you compared your understanding and your
11 memory and opinion with her as to what happened?
12 A No, I haven't.
13 Q Let's go further. If you'll look at Government
14 Exhibit GJ-16. Has it been admitted?
15 MS. COOMBE: Yes.
16 MR. LOWELL: It has been, yes.
17 MS. COOMBE: My understanding.
18 A Sixteen? I have it.
19 Q GJ-16. Okay. Would you look at GJ-16. Is it in
20 front of you?
21 A Yes, sir.
22 MR. LOWELL: And therefore, Jon, could you put it
23 on the screen? Thank you.
24 Q This is now August '01, couple of months later
25 than the last time I showed you the document before?

121
1 A Yes.
2 Q And let's look at who is at this meeting. Present
3 for the meeting are, again, the same people except you're
4 not there, right?
5 A Right.
6 Q But Mr. Carlo is there, right?
7 A Yes, he is.
8 Q Mr. Mirabelli is there?
9 A Yep.
10 Q Mr. Smith is there?
11 A Yes.
12 Q Mr. Massaro is there?
13 A Yes.
14 Q Mr. Quarcini is not there?
15 A Yes.
16 Q Mr. Salisbury the lawyer is there?
17 A Yep.
18 Q Mr. Parisi the independent advisor is there,
19 right?
20 A Yes.
21 Q Actually it says Mr. Quarcini is the business
22 manager listed there?
23 A I don't see his -- oh, yeah, yeah, okay.
24 Q And Mrs. Govern, she's there?
25 A Yes.

122
1 Q So if we wanted to know what happened at this
2 meeting by the people who were there, again Miss Govern
3 would be a good person to call, right?
4 A Yeah. For -- I mean for what she wrote.
5 Q For what she wrote?
6 A Yeah.
7 Q And Miss Govern's job was to write down what was
8 happening at the meetings, correct?
9 A In a sense, yes.
10 Q She didn't make this stuff up, is that what you're
11 trying to suggest, Mr. Congi?
12 A No. What I'm tryin' to say is she didn't do this
13 by herself.
14 Q Okay.
15 A Miss Cicero helped her write, you know, whatever
16 Mr. Quarcini wanted there.
17 Q Miss Cicero told Miss Govern what it was
18 Mr. Quarcini wanted her to write in the minutes?
19 A Well, if there was something important he wanted
20 highlighted, make sure it's in there. Miss Govern may not
21 have thought it was important enough to put in the minutes,
22 so Mrs. Cicero would tell that to Jo Anne.
23 Q But whatever, it happened at the meeting, whatever
24 is written there happened at the meeting?
25 A Yes.

123
1 Q There was a meeting?
2 A There was a meeting.
3 Q And these things that are said to have been
4 discussed were discussed?
5 A Yes, they were discussed.
6 Q And Mr. Salisbury, et cetera, they were there?
7 A Yes.
8 Q That wasn't made up?
9 A That's right.
10 Q Now, if you look at the next page, it says in the
11 first paragraph, first full paragraph, "Mr. Parisi said."
12 It says, "Mr. Parisi said that Manning & Napier was upset
13 that we were taking all money from them to meet the monthly
14 pension needs." Do you see that?
15 A Yes.
16 Q So they weren't happy in losing the business?
17 A That's correct.
18 Q But it was the right thing for the fund to do,
19 correct?
20 A That's correct.
21 Q And then, if you look two paragraphs down, it
22 says, "Mr. Massaro explained to Mr. Parisi that
23 Mr. Frosolone is doing an audit." Who is Mr. Frosolone?
24 A He is our accountant for the funds.
25 Q So the funds not only had the advice of an

124
1 attorney and an independent advisor, but it also had an
2 accountant?
3 A Yes, it did.
4 Q And they were, the accountant, was doing an audit?
5 A Yes.
6 Q And that's to determine whether or not the funds
7 had been put where they were supposed to have been put, is
8 that right?
9 A That's right.
10 Q And it's to ensure that these things do not happen
11 and will never happen again, correct?
12 A Yes.
13 Q The independent advisor, the attorney and the
14 accountant are making sure that the funds are invested
15 properly, right?
16 A Yes.
17 Q And if you'll look down at the last full paragraph
18 on the page that begins, "Mr. Parisi continued." And this
19 is still Mr. Parisi giving a report, right?
20 A Yes, it is.
21 Q "With a second issue that arose during the course
22 of the year, he explained that originally we hired two fixed
23 income managers, Phoenix and Wright." And it says, "Phoenix
24 is more aggressive on credit risk and trading activity with
25 bonds to enhance the return." See that?

125
1 A Yes.
2 Q And then it says, "Mr. Parisi explained that we
3 have ten managers on the account," right?
4 A Yes.
5 Q So, at this point, having gone from the firm of
6 Manning & Napier, the fund had ten separate managers looking
7 after its funds, correct?
8 A Correct.
9 Q Now, if you turn to page 4 of this document,
10 it's -- that's right. And the paragraph right before the
11 bottom, the last three sentences that Ms. Coombe asked you
12 about, it said Mr. Parisi recommended -- Mr. Parisi
13 recommends pulling the bonds away from all existing managers
14 and transferring them to Wright Investors' Services. See
15 that sentence?
16 A Yes.
17 Q You wrote to that sentence with Ms. Coombe, right?
18 A Yes.
19 Q It's the only thing she asked you about in that
20 document concerning the bonds and the investment, correct?
21 A Yes.
22 Q But as the minutes actually show, there were ten
23 different managers, right?
24 A Correct.
25 Q And this bond part was only part of the

126
1 investments, correct?
2 A Yes.
3 Q And this had come about after the process that you
4 and I have gone over over the last three minutes, correct?
5 A Yes.
6 Q Take a look at this document and tell the ladies
7 and gentlemen of the jury how many pages of presentations
8 and notes and comparisons are being presented as to what
9 happened that day, how many pages?
10 A Nine pages.
11 Q And who signs them?
12 A Jo Anne Govern.
13 Q What time did the meeting start? Look at the
14 first page if you need to be refreshed.
15 A Yeah, 9:45 AM.
16 Q And look at what time the meeting ended?
17 A 2:15.
18 Q How many hours is that?
19 A Five hours and some, a little under.
20 Q During that, the best interests of the pension
21 fund was being discussed with all of the individuals
22 indicated, correct?
23 A With an exception of about an hour-and-a-half.
24 Q For lunch?
25 A Right.

127
1 Q And there was discussions during lunch as well?
2 A I mean, there could have been about the fund, but
3 usually when we ate, we didn't talk about stuff like that.
4 Q Now, these events of what led up to the decision
5 to consider Wright started in the minutes that we were
6 indicating was 1999, correct?
7 A Yes.
8 Q And the last one I showed you was 2001, correct?
9 A Correct.
10 Q And the conversation that Ms. Coombe asked you
11 about casinos and about the trip, those were a couple years
12 later than that, correct?
13 A Later than 2001?
14 Q Yeah. 2002, 2003, later?
15 A Well, we weren't there past 2002, of May, okay.
16 So they were before -- they were around 2000, year 2000.
17 Q Are you sure that's when the helicopter ride was?
18 A No, I didn't say the helicopter ride. You just
19 asked two different questions, didn't you.
20 Q I'll change it. The helicopter ride was later?
21 A No, the helicopter ride was before.
22 Q Before what?
23 A Before this 2001.
24 Q Okay. When?
25 A Our tournament was in, usually, I think July, June

128
1 or July, something like that, I don't exactly know when. It
2 was neither 2000 or 2001, possibly, that the helicopter ride
3 took place.
4 Q But the one time we know it didn't occur was
5 before the 1999 meeting where the results of your existing
6 manager was said to have been underperforming and a decision
7 to change was made, correct?
8 A That the helicopter didn't take place?
9 Q Correct?
10 A It did not.
11 Q It did not?
12 A It did not.
13 Q Now, you indicated that you had a meeting and you
14 identified among others a Mr. Spano and a Mr. Maziarz, do
15 you remember that?
16 A Yes.
17 Q By Spano, you must be referring to Senator Spano,
18 right?
19 A Yes.
20 Q A member of the New York State Senate, correct?
21 A Yes.
22 Q And by Maziarz, you're referring to Senator
23 Maziarz?
24 A Yes.
25 Q A member of the New York State Senate?

129
1 A Yes.
2 Q Mr. Spano would be the same Mr. Spano who is the
3 Chairman of the Labor Committee of the State Senate, would
4 that be right?
5 A I don't know that.
6 Q What you know about their positions is also
7 something you just know from what you remember Mr. Quarcini
8 telling you?
9 A Well, that was the first time I met Nick Spano at
10 that meeting in Albany. I didn't know what he did before
11 that or after that.
12 Q Okay. That wasn't your area of expertise?
13 A Right.
14 Q Do you know a man by the name of Frank Lilly?
15 A It sounds familiar, but I don't recall.
16 Q Okay. Now ultimately did it come to pass that
17 Laborers 91 did or did not change its portfolio again?
18 A After the last time?
19 Q Correct.
20 A They could have. I don't recall.
21 Q But after 2002, you were no longer there?
22 A Correct.
23 Q Now, one thing I should have made clear, but I
24 didn't, the plea of guilty that you entered had nothing to
25 do in any way or any fashion with any of your dealings with

130
1 Senator Bruno, did it?
2 A That's correct.
3 Q He didn't know about your activities, did he?
4 A Well, I don't know that.
5 Q Did you tell him?
6 A No. But you know when you dealt with
7 Mr. Quarcini, everybody knew who Mr. Quarcini was. He was
8 one of the strongest labor leaders in New York State and he
9 had a reputation, so...
10 Q Did he have a reputation of ordering you to hurt
11 people?
12 A Sure.
13 Q Did everybody in New York State know that?
14 A People in other labor organizations did. And
15 George Maziarz knew what we did. I mean, he didn't -- we
16 didn't tell George Maziarz what we did, but he read about it
17 in the newspaper and he was very aware of Mr. Quarcini's
18 representation.
19 Q Senator Maziarz was?
20 A Sure.
21 Q And he would be a good person to ask of the
22 activities, correct?
23 A He would know what we did. I didn't really care
24 for Mr. Maziarz that much.
25 Q What did he think about you?

131
1 A Huh?
2 Q What did he think about you?
3 A I don't think he thought anything about me,
4 really. I don't know. He just wasn't -- it was hello,
5 good-bye and that was the end of it. He catered to
6 Mr. Quarcini. Probably looked at us as we weren't important
7 and Mr. Quarcini is the one he should be important to.
8 Q If you remember my question, it was: None of what
9 you pled guilty to had nothing to do with Mr. Bruno,
10 correct?
11 A That is correct.
12 Q In addition to admitting that you hurt people,
13 what else did you do that you pled guilty for?
14 A We pled guilty to extortion, which was extorting
15 jobs from nonunion contractors and some union contractors,
16 too, I guess.
17 Q Yeah. You said "we." You pled guilty. I'm
18 asking about your plea.
19 A Myself? Yes.
20 Q What did you do?
21 A Right.
22 Q You extorted people?
23 A I extorted -- according to the Government. That's
24 not my definition of extortion. But according to the
25 government, I extorted jobs from nonunion contractors.

132
1 Q You have a different word for it than the
2 Government has?
3 A I call it union activities. That's what I call
4 it.
5 Q So extorting to you is union activities and lying
6 is just not telling the truth, is that right?
7 A Lying is not telling the truth. I didn't say
8 that, you did, I guess.
9 Q I actually thought I was quoting you, but --
10 A I'm sorry --
11 Q Earlier, I asked you if you lie, you said
12 sometimes you don't tell the truth?
13 A Oh, I see.
14 Q Do you have a different vocabulary when it comes
15 to the bad things you do?
16 A No. I know I did bad things. That's why I'm
17 serving 15 years in jail.
18 Q But one of them you don't think was extortion?
19 A I guess in the Government's terms it was
20 extortion, but in my terms it was union activities. When I
21 go to a contractor and ask them to join the union and they
22 tell me no, okay, I, as a union -- head of a union, I think
23 it's my right as a person working for that union to go out
24 and attempt to get that contractor to sign a contract with
25 us.

133
1 Q Got it. So, you ordered people to hurt people, he
2 extorted people. What else did you say you did wrong in
3 your plea agreement? What were the facts? Not the law.
4 What did you do?
5 A My main job was to, you know, bring -- to do what
6 Mr. Quarcini asked me to do.
7 Q Now I am trying to find out what that actually
8 ended up your doing. Talked about hurting people, talked
9 about extorting. Anything else you want to tell me you did?
10 A I think there was 18 counts. There is so many
11 other things.
12 Q Wow.
13 A I am sure there are other things. Offhand, you
14 know, specifics, I don't, you know --
15 Q How can we check as to be sure that the things
16 that you say Butch Quarcini said to you were actually said
17 to you? He's dead, isn't he?
18 A Look in my plea agreement 'cause that's what I
19 agreed to.
20 Q You think that the things you testified to here
21 today are in your plea agreement?
22 A That I pled guilty to are in my plea agreement.
23 Q Okay. Take your plea agreement. You still have
24 it in front of you? No, I don't think --
25 THE COURT: The plea agreement is not in evidence.

134
1 Are you offering it, Counselor?
2 MR. LOWELL: No, I'm not.
3 THE COURT: All right.
4 MR. LOWELL: I could.
5 THE COURT: Then let's not refer to.
6 MR. LOWELL: I am sorry. He did so, I was
7 following up.
8 BY MR. LOWELL:
9 Q Do you believe anything you said about the
10 helicopter ride is in the plea agreement?
11 A No, I do not.
12 Q Do you think anything you said about what
13 Mr. Quarcini felt about things was in your plea agreement?
14 Think it's there?
15 A Well, what he felt about things is when he asked
16 me to do something, I did it, so --
17 Q That's not my question. You said what I asked you
18 is in your plea agreement and I'm asking you if that's a
19 truthful statement?
20 A Yes.
21 Q Is it truthful that the things you testified to
22 here today is in your plea agreement?
23 A No.
24 Q So how do I -- how do we find out whether the
25 things Mr. Quarcini said he actually said? He's dead, isn't

135
Congi - Redirect - Coombe
1 he?
2 A Yes, he is.
3 MR. LOWELL: That's all I have. Thank you, sir.
4 THE COURT: Further questions?
5 MS. COOMBE: Yes, your Honor.
6 REDIRECT-EXAMINATION
7 BY MS. COOMBE:
8 Q Could we still look at GJ-2? Do you have those
9 documents, Mr. Congi, or do you need me to find it?
10 A No, I have it.
11 Q You see present for the meeting there and a number
12 of names listed?
13 A Yes.
14 Q Other than you and Mr. Quarcini, were any of the
15 other trustees listed there indicted?
16 A Mr. Dellaccio was indicted. Mr. Carlo was a
17 co-conspirator, unindicted co-conspirator. Miss Cicero was
18 an unindicted co-conspirator. Mr. Quarcini was indicted.
19 And that's it.
20 MS. COOMBE: I have nothing further, your Honor.
21 MR. LOWELL: Just one.
22 RECROSS-EXAMINATION
23 BY MR. LOWELL:
24 Q The union guys that you identified, those people
25 were involved in your scheme, the ones you just identified?

136
Congi - Redirect - Coombe
1 A Yeah, yeah. Well, Mr. Dellaccio was pretty much
2 to my extent. Mrs. Cicero was. Mr. Carlo has a supporting
3 part in it.
4 Q But not Mr. Massaro?
5 A Angelo Massaro? No.
6 Q He's not indicted and none of the employer
7 trustees were, right?
8 A No.
9 Q Not the lawyer, right?
10 A No.
11 Q Not the investment advisor, right?
12 A Right.
13 Q And not the accountant?
14 A Right.
15 MR. LOWELL: That's all I have, Judge.
16 THE COURT: Anything further?
17 MS. COOMBE: Nothing further, your Honor.
18 THE COURT: All right. We'll adjourn for the
19 luncheon recess, ladies and gentlemen, until one o'clock.
20 Why don't you remain seated for a moment, Mr. Congi.
21 (Lunch recess taken at 12:00 Noon.)
22
23
24
25


USA v. Bruno Mark Congi Testimony

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USA v. Bruno Mark Congi Testimony

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76

Congi - Direct - Coombe

2 having been duly sworn by the Clerk of the Court, was

3 examined and testified as follows:

6 Q Could you please state your name and spell your

7 last name for the court reporter?

8 A Sure. Mark Congi, C-O-N-G-I.

9 Q Mr. Congi, have you pled guilty to an offense

10 against the United States?

12 Q What did you plead guilty to?

13 A Section 18 -- 1962(c), I think, I'm not positive.

14 Q Do you know what that is in plain English?

16 Q Are you currently serving a prison sentence?

18 Q Where are you serving the prison sentence?

19 A At federal prison in Lisbon, Ohio.

20 Q Did you enter into a plea agreement with the

23 Q Did you enter into a cooperation agreement with

24 the United States?

THERESA J. CASAL, RPR, CRR

Congi - Direct - Coombe

1 MS. COOMBE: Your Honor, I've marked for

2 identification purposes GJ-15. May I approach, your Honor?

3 THE COURT: Please.

5 Q Mr. Congi, I'm handing you Government's Exhibit

6 GJ-15. Do you recognize that?

9 A This is my plea agreement.

10 Q Have you had an opportunity to review that

13 Q Do you have any understanding of what that

14 agreement requires from you during your testimony today?

15 A To cooperate fully with the Government.

16 Q Does it require anything else from you?

18 Q Does it require you to testify in a particular

21 Q Who is the Assistant United States Attorney who

22 handled the case that led to your plea?

24 Q Where does Mr. Hochul work, in what city?

25 A Buffalo, New York.

THERESA J. CASAL, RPR, CRR

Congi - Direct - Coombe

1 Q What is your understanding of what benefit, if

4 A That -- I understand I won't receive -- I haven't

5 been promised anything, and that Mr. Hochul will be notified

6 of my cooperation and he will take into consideration if

7 any -- if any time -- if I get any -- wrong words here. If

8 there would be any relief in my sentence, he would consider

9 it, depending on my cooperation.

10 Q That would be up to Mr. Hochul?

11 A Solely up to Mr. Hochul.

12 MS. COOMBE: May I retrieve that exhibit, your

14 THE COURT: Please.

15 Q Are you a member of the Laborers International

16 Union of America Local 91?

17 A I was before I was arrested.

18 Q When did you join the union?

20 Q Did you ever have any leadership position?

21 A Yes. I rows to -- ended up being president of the

22 union and assistant business agent.

23 Q Which is higher, president or assistant business

25 A Assistant business agent.

THERESA J. CASAL, RPR, CRR

Congi - Direct - Coombe

1 Q When did you become the assistant business agent?

2 A In November of '95, I believe.

3 Q How long were you the assistant business agent?

4 A Until the day of my arrest on May 17, 2002, I