United States V. Carson, 52 F.3D 1173 (2D Cir
Page 1 52 F.3d 1173, 149 L.R.R.M. (BNA) 2001, 130 Lab.Cas. P 11,313 (Cite as: 52 F.3d 1173) Organizations statute (RICO), alleging that officer committed various racketeering acts on behalf of United States Court of Appeals, organized crime while he was secretary-treasurer of Second Circuit. union. The United States District Court for the UNITED STATES of America, Plaintiff–Appellee, Southern District of New York, Leonard B. Sand, v. J., entered judgment in favor of government, grant- Donald CARSON, Defendant–Appellant, ing injunctive relief, ordering officer to disgorge LOCAL 1804–1, ILA; John Barbato; George Bar- ill-gotten gains, and imposing approximately one; John Bowers; George Bradley; Thomas $46,000 of costs. Officer appealed. In addition, ap- Buzzanca; Sato Calabrese; Ronald Capri; Harry peal was taken from district court's dismissal of Cashin; James J. Cashin; Anthony Ciccone; Joseph complaint filed by official and his wife against uni- Colozza; Vincent Colucci; James Coonan; Michael on under Employee Retirement Income Security Coppola; Harold Daggett; Doreen Supply Com- Act (ERISA), which had been consolidated with pany, Inc.; Tino Fiumara; Anthony Gallagher; RICO suit. The Court of Appeals, Jacobs, Circuit Robert Gleason; John Gotti; Leroy Gwynn; ILA Judge, held that: (1) as a matter of first impression, Local 1588; ILA Local 1588, Executive Board; ILA RICO does not authorize disgorgement of gains ill- Local 1809; ILA Local 1809, Executive Board; ILA gotten long in the past; (2) order of disgorgement Local 1814; ILA Local 1814, Executive Board; An- and obligation to reimburse government for costs thony Anastasio; ILA Local 1909; Blase Terra- imposed in civil RICO proceeding following of- ciano; ILA Local 1909, Executive Board; ILA Loc- ficer's conviction for criminal charges based on al 824; ILA Local 824, Executive Board; Kevin same underlying conduct were compensatory and Kelly; Joseph C.F.
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