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1 UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

2 ------------------------------x3 UNITED STATES OF AMERICA,4 v . 08 CR 828 (VM)5 JOHN GREANEY,6 Defendant.7 ------------------------------x8 New York, N.Y.

July 16, 20109 11:20 a.m.

10 Before:11

HON. HENRY B. PITMAN,12 Magist rate Judge1314 APPEARANCES15 PREET BHARARAUnited States Attorney fo r the16 Southern Dis t r i c t of New YorkMARK LANPHER17 LISA ZORNBERG

Ass is tan t United States Attorneys18 CULLETON & MARINACCIO19 Attorneys fo r Defendant

JAMES CULLETON202122232425

SOUTHERN DISTRICT REPORTERS, P.C.(212) 805-0300

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1 UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK2 - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - x3 UNITED STATES OF AMERICA,4 v. 08 CR 828 (VM)5 JOHN GREANEY,6 Defendant.7 ------------------------------x8 New York, N.Y.July 16, 20109 11:20 a ~ m .

10 Before:11 HON. HENRY B. PITMAN,12 Magistra te Judge1314 APPEARANCES15 PREET BHARARAUnited Sta tes Attorney for the16 Southern Dis t r i c t of New York

MARK LANPHER17 LISA ZORNBERGAssis tan t United Sta tes Attorneys18 CULLETON & MARINACCIO19 Attorneys for Defendant,JAMES CULLETON20

2122232425


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1 (In open court)2

3THE DEPUTY ,CLERK: United Sta tes v. John Greaney .MR. LANPHER: Mark Lanpher and Lisa Zornberg on behalf

4 of the government.5 MR.' CULLETON: Good morning, your Honor. Appearing on6 behalf of Mr. Greaney, James Culleton. Mr. Greaney i s to my7 r i gh t . .8 THE COURT: Good morning. I unders tand there i s an9 appl ica t ion on behalf of Mr. Greaney today?10 MR. CULLETON: Yes, on behalf of Mr. Greaney, Judge,11 we are prepared to withdraw our p rev iou sl y ent er ed not gui l ty12 plea , and to en ter a plea of gui l ty to each count of the13 indictment in which Mr. Greaney i s charged.14 THE COURT: At th i s t ime, l e t me ask Mr. Ort iz to15 place before Mr. Greaney two documents. Fi r s t there i s a16 one-page document en t i t l ed "Consent to Proceed Before a17 Magistra te Judge," and there i s a second document in the form18 of a l e t t e r marked Court Exhibi t 1.19 Mr. Greaney, two documents have been p la ce d bef or e20 you. Fi r s t there i s a one-page document en t i t l ed "Consent to21 Proceed Before a Magistra te Judge." Do you see the one-page22 document ?2324

THE DEFENDANT: Yes, your Honor.THE COURT: Does your s ignature appear on the bottom

25 of tha t document?


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234

07G3GREP PleaTHE DEFENDANT: Yes, it does.THE COURT: Did you read it before you s igned i t?THE DEFENDANT: Yes, I have.THE COURT: Did you discuss it with your at torney

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5 before you signed i t ?67

THE DEFENDANT: Yes, I have, your Honor.THE COURT: Do you unders tand t ha t you have the r igh t

8 to have these proceedings before a d i s t r i c t court judge ins tead9 of a magis t ra te judge?

10 Do you understand you have tha t r ight?1112

THE DEFENDANT: Yes, I do.THE COURT: Do you unders tand t ha t by s igning tha t

13 p iece of paper , you ' re giving up your r i gh t to have these14 proceedings before a d i s t r i c t cour t judge and consent ing to15 have them before a magis t ra te judge?16 Do you unders tand t ha t ' s the ef fec t of your s ignature17 on t ha t piece of paper?1819

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Has anyone made any promises to you, has

20 anyone made any th rea t s to you, or has anyone used any force21 agains t you to induce you to consent to proceed before a22 magis t ra te judge?2324

THE DEFENDANT: No, your Honor.THE COURT: There i s a second document before you in

25 the form of a l e t t e r marked Court Exhibi t 1. Do you see Court


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1 Exhibi t I?Plea

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THE DEFENDANT: Yes, your Honor.THE COURT: Does your signature appear on the l a s t

4 page of Court Exhibi t I?56

THE DEFENDANT: Yes, it does, your Honor.THE COURT: Did you read Court Exhibi t 1 before you

7 signed i t ?89

THE DEFENDANT: Yes, I have.THE COURT: Did you discuss Court Exhibi t 1 with your

10 at torney before you signed i t?1112

THE DEFENDANT: Yes, I have.THE COURT: Is Court Exhibi t 1 an agreement with the

13 government pursuant to which you are offer ing your plea today?THE DEFENDANT: Pardon me?

15 THE COURT: Is Court Exhibi t 1 an agreement with the16 government pursuant to which you are offer ing your plea today?1718

THE DEFENDANT: Yes, your Honor.THE COURT: Mr . Ort iz , wil l you p le ase p la ce

19 Mr . Greaney under oath .20 (Defendant sworn)21 THE COURT: Mr. Greaney, you've now been placed under22 oath . I f you make a fa l se s ta temen t during these proceedings,23 you can be prosecuted fo r p er ju ry . Do you unders tand tha t?2425

THE DEFENDANT: Yes, I do.THE COURT: Mr. Greaney, the law requires t ha t I ask


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1 you a number of quest ions to ensure t ha t your plea i s knowing2 and voluntary in a l l respects , to ensure you know what you are3 doing here today, and to ensure you understand the consequences4 of what you are doing.5 I f you don ' t understand any question tha t I ask you,6 t e l l me tha t you don ' t understand the question, and I'll e i ther7 t ry to c la r i fy th e q ue stio n or give you a chance to speak8 pr iva te ly with your at torney so you understand exact ly what ' s9 being asked of you.

10 In addi t ion , i f a t any t ime during these proceedings11 you want to speak to your at torney for any reason whatsoever,12 j u s t t e l l me, and I'll give you a chance to c on fe r w ith him13 pr iva te ly . Do you understand tha t?14151617181920

THE DEFENDANT: Yes, I do.THE COURT: Will you please s ta te your fu l l name.THE DEFENDANT: John Edward Greaney.THE COURT: How old are you, s i r?THE DEFENDANT: I 'm 50. I'll be 51 in September.THE COURT: How fa r did you get in school?THE DEFENDANT: I g ra du ate d h ig h sc hool. Went to

21 e lec t r i ca l engineer ing school fo r a l i t t l e while a f t e r tha t .22 THE COURT: Have you recent ly been t rea ted fo r any23 type of mental i l lness?2425

THE DEFENDANT: No, your Honor.THE COURT: Have you recent ly been t rea ted fo r drug


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1 addic t ion of any kind?Plea

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THE DEFENDANT: No, your Honor.THE COURT: Have you taken any kind of drugs o r

4 medicat ion, l ega l or i l l ega l , w ith in th e l a s t two days?56

THE DEFENDANT: No, your Honor.THE COURT: Have you recent ly been t r ea ted fo r

7 alcoholism?89

THE DEFENDANT: Probably 10 years o r longer .THE COURT: 10 years ago. Okay. Have you had any

10 beer , wine or l iquo r w ith in the l a s t 24 hours?1112

THE DEFENDANT: No, your Honor.THE COURT: Are you cur ren t ly under the care of any

13 kind of doctor or heal th care provider?1415

THE DEFENDANT: No, your Honor.THE COURT: In general , do you fee l c lea r headed today

16 and able to unders tand what ' s going on around you?1718

THE DEFENDANT: Yes, I do.THE COURT: Is e i the r the government or defense

19 counsel aware of any phys ical , p sychol og ic al o r emotional20 condi t ion t ha t might prevent Mr. Greaney from enter ing a gui l ty21 plea today?222324

MR. LANPHER: No, your Honor.MR. CULLETON: No, your Honor.THE COURT: Mr. Greaney, have you received a copy of

25 indictment S6 08 CR 828, which has been f i l ed aga ins t you?


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07G3GREP PleaTHE DEFENDANT: Yes t I have t your Honor.THE COURT: Have you had a chance to read the

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3 indictment and to discuss it with your attorneYt Mr. Culleton?45

THE DEFENDANT: Yes t I have.THE COURT: Are you general ly sa t i s f i ed with

6 Mr. Cul le t on 's r ep re sen ta t ion of you in t h i s matter and with7 the advice he ' s given to you?8

9THE DEFENDANT: Very sa t i s f i ed .THE COURT: Are you here today to plead g uil ty to the

10 13 counts charged in the indictment?1112

THE DEFENDANT: Yes t I amt your Honor.THE COURT: I want to discuss with you br ie f ly the

13 nature of the charges agains t you in each of the counts t the14 elements the government would have to prove with respect to15 each in order to es tab l i sh your gu i l t a t t r i a l t and the16 pena l t i e s you face on each count i f your plea i s accepted.17 Count one charges you with vio la t ing Tit le 18 t United18 Sta tes Code t Sect ion 1962(d). That s ta tu te makes it a crime to19 conspire or agree with others to commit a racketeer ing20 vio la t ion .21 In order to es tab l i sh your gu i l t on countone t the22 government would have to prove the fo llowing f ou r elements23 beyond a reasonable doubt:24 Fi r s t t tha t the ~ n t e r p r i s e al leged In the indictment25 exis ted in t h i s caset t ha t iS t the Dis t r i c t Council of New York

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1 City and V i c i n i t y of United Brotherhood of Carpenters and2 J o i n e r s , and i t s c o n s ti t u e n t l o c a l and b e n e f i t funds;3 second, t h a t the e n t e r p r i s e a f f e c t e d i n t e r s t a t e commerce;4 t h ir d , t h a t you were employed by o r a ss oc ia te d with the5 e n t e r p r i s e ; and fourth, t h a t you knowingly became a member of6 an agre emen t, i n o t h e r words, t h a t you knowingly and w i l f u l l y7 ag re ed w ith a t l e a s t one o t h e r person t o p a rt i c i p a te i n the8 conduct of the a f f a i r s of the' e n t e r p r i s e through a p a t t e r n of9 racketeering a c t i v i t y .

10 Do you understand those are the elements the11 government would have t o prove with respect t o count one?1213

THE DEFENDANT: Yes, I do.THE COURT: Do you unders tand count two charges you

14 with v i o l a t i n g T i t l e 18, United S t a t e s Code, Sect ion 1962(c).15 Among o t h e r t h i n g s , t h a t s t a t u t e makes it a crime t o16 p a r t i c i p a t e i n the a f f a i r s of an e n t e r p r i s e through the17 commission ofa p a t t e r n of racketeer ing a c t i v i t i e s .18 Do you understand t h a t ' s the general nature of the19 charge a g a i n s t you i n count two?2021

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you unders tand t h a t i n order t o

22 e s t a b l i s h your g u i l t a t t r i a l , the government would have t o23 prove f ive elements beyond a reasonable doubt:24 F i r s t , t h a t the e n t e r p r i s e al leged i n the indictment25 e x i s t e d ; second, t h a t the e n te rp r i s e a ff e c te d i n t e r s t a t e o r


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1 fore ign commerce; th ird , th a t you were employed by or2 associa ted with the enterpr ise ; fourth , tha t you engaged in a3 pat t e rn of racke teer ing ac t i v i t y , namely you committed two or4 more racke teer ing acts as speci f ied in the indic tment ; and5 f i f th , tha t you conducted or p ar tic ip a te d in the conduct of the6 ente rpr i se through a pa t te rn of racketeering ac t iv i ty .7 Do you under st and those are the elements the8 gove rnment would have to prove beyond a reasonable doubt to9 es tab l i sh your gu i l t on count two?

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THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t counts one and two

12 each carry a maximum sentence of 20 years ' imprisonment, a13 maximum term of supervised re lease of th ree years, a maximum14 f ine of the grea tes t of $250,000 or twice the g ro ss p ec un ia ry15 gain derived from th e o ffe nse , or twice the g ro ss p ec un ia ry16 lo ss to persons other than yourse l f , p lus a specia l assessment17 of $100? Do you under st and those are the pena l t i e s you face18 with respec t to counts one and two? The penal t ies are on each19 of counts one and two.20 Do you understand tha t?2122

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t counts th ree , four,

23 f ive and s ix ea ch ch arg e you with par t i c ipa t ing in four24 s epa ra te consp ir a ci es to vio la te federa l law in vio la t ion of25 Ti t le 18, United States Code, Sect ion 371?


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1 Do you unders tand t ha t ' s th e g en eral nature of the2 charges agains t you in counts th ree , four , f ive and s ix?34

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t , spec i f i ca l ly ,

5 count th ree charges you with conspir ing or agreeing to commit6 wire fraud and embezzlement of funds from the union benef i ts7 fund in connect ion w it h On Par.8 Count four charges you with conspiracy to commit wire9 fraud and embezzlement of funds from the union benef i t -funds in

10 connection with Turbo.11 Count f ive charges you with conspiracy to commit wire12 f raud and embezzlement funds in con ne ctio n w ith P itc oh n.13 And count s ix charges you w it h c on sp ira cy to commit14 Wlre f raud and embezzlement funds from th e union benef i t funds15 in connection with P y r a m i d ~16 Do you understand those are the charges agains t you in17 each of counts th ree , four, f ive and s ix?1819

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you unders tand t ha t to es tab l i sh your

20 gu i l t with respect to each count, the government would have to21 prove three elements beyond a reasonable doubt:22 Fi r s t , they would have to prove tha t each of the23 conspiracies al leged in each of the counts exis ted ; second, the24 government would have to prove tha t you knowingly entered in to25 each of the conspiracies and became par t of tha t agreement with


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1 knowledge of i t s i l l e ga l object ; and th i rd , with respec t to2 each al leged conspiracy, the government would have to prove3 th a t a t le a s t one of the overt acts al leged in the indictment4 was committed with respec t to each conspiracy in order to5 fur the r the objects of each conspiracy.6 Do you under st and those are the th ree elements the7 government would have to prove with respec t to each of the8 conspi rac ies al leged in counts th ree through six?9

10THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t i f your plea on

11 each of the counts th ree through s ix i s accepted, you face a12 maximum sentence on each co unt of f ive years ' imprisonment, a13 maximum term of supervised re lease of th ree years, a f ine of14 the grea tes t of $250,000 or twice the gross pecuniary gain15 derived from each offense or twice the gross pecuniary loss to16 persons other than yourse l f re su l t ing from each offense , plus a17 spec ia l assessment of $100?18 Do you under st and those are the pena l t i e s you face on19 each of counts th ree through six?2021

THE DEFENDANT: Yes, I do, your Honor.THE COURT: I take it Mr. Greaney i s not charged in

22 count seven?2324

MR. LANPHER: That ' s correc t , your Honor.THE COURT: Thank you. Mr. Greaney, do you understand

25 t ha t counts eight , nine, 10, and 11 of the indictment each


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1 charge you with vio la t ing Ti t l e 18 t United States Code t Section2 1343 and 1346 and 2?3 Do you unders ta nd thos e s ta tu tes t among other things t4 those s ta tu tes make it a crime to use the in te rs ta te wires in5 furtherance of a scheme to defraud an ent i ty of honest6 serv ices?7 Do you understand t ha t ' s the genera l natu re of the8 charges agains t you in each of counts e igh t t n i ne t 10 and I I?9

10THE DEFENDANT: Yes t I dOt your Honor.THE COURT: Do you unders tand t ha t with respect to

11 each of those four counts t the government would have to prove12 the following th ree elements beyond a reasonable doubt in order13 to es tab l i sh your gu i l t a t t r i a l :14 Fi r s t t t ha t there was a scheme or ar t i f i ce to defraud15 or to obtain moneYt proper ty o r the in tangible r igh t of honest16 serv ices by mater ia l ly fa l se and f ra udul en t p re tens es t17 representa t ions o r promises as al leged in the indictment;18 second t tha t you knowingly and w ilf ully p ar tic ip ate d in the19 scheme or a r t i f i c e to d efra ud w ith knowledge of i t s fraudulent20 in ten t and with the spec i f ic in ten t to defraud t or t ha t you21 knowingly and in ten t iona l ly aided and abet ted others in the22 scheme; and th i rd t tha t in the execut ion of the schemet you23 used or caused the use of the in te r s ta te wires as specif ied in24 the indictment .25 Do you understand those are the elements the

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1 government would have to prove with respect to each of counts2 e ight , nine, 10 and 11 to es tab l i sh your gu i l t beyond a3 reasonable d o u b t ~45

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t with respec t to

6 each of those four counts , you face a maximum sentence of 207 years ' imprisonment, a maximum term of supervised re lease of8 th ree years, a maximum f ine of the grea tes t of $250,000 or9 twice the g ro ss p ec un ia ry gain derived from th e o ffe ns e or

10 twice the g ro ss p ec un ia ry lo ss to persons o ther than yourse l f ,11 plus a specia l assessment of $100?12 Do you understand those are the maximum pena l t i e s you13 face on each of counts eight , nine, 10 and II?1415

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t counts 14 and 15

16 charge you with the unlawful acceptance of a paYment as a labor17 representa t ive in v io la tio n of Ti t l e 29, United States Code,18 Section 186? Do you understand t ha t ' s the general nature of19 the charges agains t you in counts 14 and 15?2021

THE DEFENDANT: Yes, your Honor.THE COURT: Do you understand t ha t in count 14 you are

22 cha rg ed w ith accept ing a payment from On Par, and in count 1523 you are charged with accepting a payment from Turbo?24 Do you understand tha t?25 THE DEFENDANT: Yes, I do, your Honor.


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07G3GREP PleaTHE COURT: Do you understand t ha t with respec t to

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2 each of counts 14 and 15, the government would have to prove3 the fol lowing f ive elements beyond a reasonable doubt:4 Fi r s t , tha t on or about the dates al leged in the5 indic tment , you were a representa t ive of employees or an6 of f i ce r or employee of a l abor organizat ion; second, t ha t on or7 about the dates al leged, you di rec t ly or ind i rec t ly requested,8 demanded, received, or accepted or agreed to accept del ivery or9 paYment of money or a thing of value as al leged in the

10 indic tment ; th i rd , tha t the employer who was al legedly11 request ing to payo r de l ive r or who paid or del ivered the money12 or th ing of value employed individuals who were members of a13 la bo r o rgan iz at ion of which you were a representa t ive , off icer14 or employee; fourth , tha t the employer was in an industry15 a f fec t ing i n t e r s t a t e commerce; and f i f th , tha t you acted16 knowingly and wil fu l ly .17 Do you understand those are the elements the18 government would have to prove beyond a reasonable doubt to19 es tab l i sh your gu i l t on counts 14 and 15?2021

THE DEFENDANT: Yes, your Honor.THE COURT: Do you understand t ha t i f your plea to

22 counts 14 and 15 i s accepted, on each count you face a maximum23 sen ten ce o f f iv e y ears ' imprisonment, a maximum term of24 supervised re lease of three years , a maximum f ine of $15,000,25 and a mandatory specia l assessment of $100?


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1 Do you understand those are the pena l t i e s you face on2 each of counts 14 and 15?3

4

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you unders tand t ha t count 24, the l a s t

5 count agains t you, charges you with perjury a t a deposit ion in6 vio la t ion of Ti t le 18, United Sta tes Code, Sect ion 1623?7 Spec i f ica l ly , it i s al leged you made fa lse statements a t a8 deposi t ion in February 2009.9 Do you understand t ha t ' s th e g en era l nature of the

10 charge agains t you in count 24?1112

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t in order to

13 es tab l i sh your gu i l t a t t r i a l with respect to count 24, the14 g o v e r n m e ~ t would have to prove the fo llowing f ou r elements15 beyond a reasonable doubt:16 F i r s t , t h a t you took an oath to t e s t i fy t ruly; second,17 t ha t you made fa lse sta tements as to matters about which you18 t e s t i f i ed under oath; th ird , th a t th e m atte rs as to which it i s19 charged you made fa lse sta tements were mater ia l to the i ssues20 under inquiry ; and fourth, t ha t the fa lse statements were21 wil fu l ly made.,22 Do you understand those are the four elements the23 government would have to prove to es tab l i sh your gu i l t with24 respect to count 24?25 THE DEFENDANT: Yes, I do, your Honor.


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PleaTHE COURT: Do you understand i f your plea to count 24

2 i s accepted, you face a maximum sentence on tha t count of f ive3 years ' imprisonment, a maximum term of supervised re lease of4 th ree years , a maximum f ine of the grea tes t of $250,000 or5 twice the gross pecuniary g ain d eriv ed from the o ffen se or6 twice the gross pecuniary gain to persons other than yourse l f ,7 plus a specia l assessment of $100?8 Do you under sta nd those are the maximum pena l t i e s you9 face on count 24?

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THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand t ha t in the aggregate ,

12 the maximum sentence of incarcera t ion you face on a l l counts i s13 155 years?1415

THE DEFENDANT: Yes, I do, your Honor.THE COURT: In addi t ion to the pena l t i e s tha t I 've

16 a l ready descr ibed to you, do you also understand tha t as par t17 of the sentence agains t you, ' the Court must enter an order of18 re s t i tu t ion , t ha t i s an order tha t you pay back to any19 iden t i f ied victim s of your i l l -go t t en gain .20 Do you understand t ha t an order of r e s t i t u t ion must21 also be par t of your sentence?2223

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you understand under the Sentencing

24 Reform Act of 1984, the United Sta tes sentencing commission has25 i ssued advisory guide l ines fo r judges to consul t in imposing

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1 sentences in cr iminal cases? Do you understand tha t?23

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Have you and Mr. Culleton discussed how

4 th e g uid eli ne s might apply in your case?56

THE DEFENDANT: Yes, we have.THE COURT: Do you unders tand t ha t the Court wil l not

7 be able to determine t he g uid eli ne sentence fo r your case un t i l8 a document cal led a presentence report has been prepared, and9 un t i l both you and the government have had the opportuni ty to

10 review the report and make any chal lenges you have to the fac ts11 in the report and to the guidel ine range recommended by the12 proba t ion department?13 Do you understand tha t?1415

THE DEFENDANT: Yes, I do, your Honor.THE, COURT: Do you unders tand tha t the guidel ine range

16 found to apply in your case may turn out to be di f fe ren t from17 any range you discussed with your at torney, and may turn out to18 be di f fe ren t from any range your at torney has d is cu ss ed w ith19 the government? Do you understand that?2021

THE DEFENDANT: Yes, I do.THE COURT: Do you unders tand tha t a f t e r your

22 guidel ine range has been determined} the Court has the23 a uth or i ty to depar t from the guidel ines and to impose a24 sentence tha t i s even more severe or l e s s severe than the25 sentence cal led fo r by the guidelines? Do you understand tha t?


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07G3GREP PleaTHE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you unders tand t ha t parole has been

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3 abol i shed in the federa l system, and t ha t i f you are sentenced4 to a term of imprisonment, you wil l not be re leased on parole?5 Do you unders tand tha t?67

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you unders tand t ha t i f supervised

8 re l ease i s imposed as pa r t -of your sentence and you vio la te any9 term of supervised re lease , you can be re turned to j a i l fo r the

10 fu l l term of the supervised re l ease with no c redi t b ein g g iv en11 fo r the t ime spent on re l ease up to the date of the vio la t ion?12 Do you unders tand tha t?1314

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Do you unders tand t ha t in some

15 circumstances , the government may have the r igh t to appeal from16 any sentence t ha t ' s imposed upon you and seek the im p os it io n o f17 a harsher sentence? Do you unders tand tha t?1819

THE DEFENDANT: Yes, I do, your Honor.\THE COURT: Mr. Greaney, a p lea to a felony can also

20 have immigration consequences fo r in div id ua ls who are not21 c i t i zens of the United Sta tes . In l i gh t of tha t fac t , l e t me22 ask you, are you a c i t i zen of the United States?2324

THE DEFENDANT: Yes, I am, your Honor.THE COURT: I want to discuss with you the na tu re of

25 some of the r i gh t s you are giving up by pleading gui l ty t h i s


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1 morning. Do you understand you have the r igh t to plead not2 gui l ty to the charges agains t you, and you have the r igh t to3 pe rs i s t in t ha t plea a t a l l s tages of the proceedings agains t4 you?5 Do you understand you have those r ights?67

THE DEFENDANT: I unders tand.THE COURT: Do you understand i f you chose to plead

8 not gui l ty , you would have the r igh t to counsel , and you'd have9 the r i gh t to have counsel appointed fo r you i f you could not10 afford counsel? Do you understand those r ights?1112

THE DEFENDANT: Yes.THE COURT: Do you understand i f you chose to plead

13 not gui l ty , you 'd have the r i gh t to a t r i a l by ju ry . At the14 t r i a l you would be presumed innocent , and the government would15 have to prove your gu i l t beyond a reasonable doubt. At a t r i a l16 you would have the r i gh t to the ass is tance of counsel , you17 would have the r igh t to have .counsel appointed for you i f you18 could not af fo rd counsel , you would have the r igh t to see and19 hear a l l the witnesses agains t you, and you would have the20 r i gh t to have th os e w itn es se s cross-examined or quest ioned in21 your own defense.22 At a t r i a l you would have the r igh t to t e s t i fy and the23 r i gh t to of fe r evidence in your defense. Conversely, you 'd24 also have the r igh t to decl ine to t e s t i fy or decl ine to of fe r25 evidence, and i f you chose not to t e s t i fy or chose not to o f fe r


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1 evidence, those fac ts could not be used agains t you. Final ly ,2 a t t r i a l you would also have the r igh t to the issuance of3 compulsory process o r c ou rt o rd ers to compel witnesses to come4 to cour t and give test imony in your behal f .5 Do you unders tand you have a l l those r igh ts i f you6 chose to plead not gui l ty and go to t r i a l ?78

THE DEFENDANT: Yes, I do, your Honor.THE- COURT: Do you unders tand t ha t by entering a plea

9 of gui l ty , i f the plea i s accepted, there wil l be no t r i a l , and10 you wil l be giving up your r i gh t to a t r i a l as well as a l l the11 o th er r ig hts associa ted with the t r i a l t ha t I have j u s t12 described to you? Do you unders tand you are giving up a l l13 those r ights?1415

THE DEFENDANT: Yes, I do, your Honor.THE COURT: Has anyone, apar t from the agreements tha t

16 are se t for th in Court Exhibi t 1, the l e t t e r agreement you17 id en ti f ie d a t the ou t se t of these proceedings , has anyone made18 any other promises to you or has anyone made any th rea t s to you19 or has anyone used any force agains t you to induce you to plead20 gui l ty?2122

THE DEFENDANT: No, your Honor.THE COURT: Are you pleading gui l ty because you are in

23 fac t guil ty?2425

THE DEFENDANT: Yes, I am, your Honor.THE COURT: Let me ask you what it i s you did tha t


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1 cont rac tors with a number of other union off i cers , including2 Michael Forde and Brian Hayes. I , along with others , accepted3 the i l l ega l cash payments, and in re turn , allowed cont rac tors4 to v io la te the terms of the i r col lec t ive bargaining agreement5 with the d i s t r i c t counci l .6 I , along w ith others , allowed the col lec t ive7 bargaining agreements to be v io la ted in the following ways:8 One. I , along with others , a ll owed union work cards9 to be issued to i l l e ga l immigrants who are employed by the four

10 d i f fe ren t cont rac tors . I , and others , were aware tha t the11 i l l ega l immigrants were being paid in cash, and t ha t the12 cont rac tors did not make cont r ibut ions to the d i s t r i c t counci l13 benef i t funds on behalf of the i l l ega l immigrants as required14 by the col lec t ive bargaining agreements.15 Number two. I , along w ith others , viola ted the16 requirements of the con sent d ec re e issued by The Honorable17 Charles S. Haight in a c iv i l case brought by the United Sta tes18 government in o r about the year 1996, by manipulat ing the19 out-of-work l i s t in order to allow f r iends to obta in work 'as20 shop stewards or to allow cont rac tors to be assigned shop21 stewards tha t they requested.22 Number three . In 1995, I gave fa lse test imony in a23 c iv i l depos i t ion by denying t ha t I was personal ly aware tha t I24 and others manipulated the out-of-work l i s t in v io la t ion of the25 consent decree which we were required to follow.


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PleaTHE COURT: What w ~ the year of the fa lse testimony?THE DEFENDANT: Pardon me?THE COURT: What was the year of the fa lse testimony?MR. CULLETON: Your Honor, I bel ieve it's 2005. But

5 th i s is not count 24. This i s something di f fe ren t .67

THE COURT: Okay. All r igh t .THE DEFENDANT: Sorry. Number four . As re f l ec ted in

8 counts th ree , four , f ive and s ix , I was aware tha t the9 cont rac tors f i l ed fa lse remittance repor ts , under-report ing the

10 number of men working on par t icu la r jobs and/or the number of11 hours actua l ly worked. I was aware tha t the fa lse remit tance12 repor t s were f i l ed by wire, and t ha t as a resu l t , the d i s t r i c t13 counci l benef i t funds did not receive from the cont rac tors the14 cont r ibut ions the cont rac tors were required to pay pursuant to15 t h e i r col lec t ive bargaining agreements.16 Number f ive . I , along w ith others , were aware t ha t17 cer ta in shop stewards assigned to On Par unde r- repor ted the18 number of union carpenters working on a par t icu la r job and/or19 the number of hours being worked by union members. And shop20 stewards would often not be assigned to job s i t e s run by other21 contrac tors . As a resu l t , I , and others , allowed cont rac tors22 to embezzle funds fo r the d i s t r i c t counci l benef i t funds by not23 making appropriate cont r ibut ions to d i s t r i c t counci l benef i t24 funds as required by the col lect ive bargaining agreements.25 Number s ix . In connect ion w it h counts eight , nine, 10


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1 and 11, I , and others , accepted i l l ega l cash payments from the2 contrac tors , allowing the four contractors to v io la te the i r3 col l ec t ive bargaining agreements, and as a resu l t , d ep riv ed th e4 d i s t r i c t council , including i t s const i tuent loca ls and5 af f i l i a t ed benef i t funds, of honest serv ices of the i r off i cers6 and rep resen ta t ives .7 Number seven. In connection w ith counts 14 and 15, I ,8 along w ith others , accepted unlaw fu l c as h payments from two9 d i f fe ren t cont rac tors , On Par Contract ing and Turbo

10 Construct ion, while a labor representa t ive , and in re tu rn ,11 allowed the two cont rac tors to vio la te the i r col lec t ive12 bargaining agreements.13 Number eight . In connection w ith count 24 of the14 indictment , I committed perjury when I t e s t i f i ed a t a c iv i l15 deposi t ion in 2009, brought by the New York City Dis t r i c t16 Council of Carpenters Pension Funds e t a l . v.17 P it cohn Const ruct ion Enterpr ises , Inc. At the deposit ion, I18 t e s t i f i ed fa l se ly under oath by s ta tin g th at I never met James19 Murray, the owner of On Par Contract ing, outs ide of job s i t e s .20 Addit ional ly , I t e s t i f i ed fa l se ly when I denied accept ing cash21 payments from Gerard McIntee, the owner of Pitcohn Construct ion22 Enterpr i ses Incorporated.23 THE COURT: Does the government bel ieve any fur the r24 inqui ry i s necessary concerning the fac ts of the .offense , and25 i f so, why doesn ' t the government pose th e q ue stio ns di rec t ly


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1 to Mr. Greaney.

Plea25

2 MR. LANPHER: No, your Honor. I w ill p ro ffer as to3 two elements. One, we wi l l make a prof fe r tha t the indus t ry4 and th e c arp en te rs union affec ted i n t e r s t a t e commerce. And5 second, Mr. Greaney in h is a llo cu tio n referenced wire paYments6 o f remitta nc e funds to the benef i t funds made by these7 cont rac tors in connection with the scheme. We,' 11 prof fe r tha t8 those wires t raveled i n t e r s t a t e .9 THE COURT: Mr. Culleton, am I cor rec t in my

10 unders tanding t ha t there i s a s tip u la tio n th a t the union and11 the indus t r ie s referenced by Mr. Greaney in h is al locut ion12 a f fec t i n t e r s t a t e commerce?1314

MR. CULLETON: That ' s correc t , your Honor.THE COURT: Am I also cor rec t in my understanding tha t

15 the wire tr an sf ers th at he referenced in h is al locut ion16 t rave led in i n t e r s t a t e commerce?171819 offense?2021

MR. CULLETON: Yes, your Honor.THE COURT: Anything e lse re ga rd in g th e fac ts of the

MR. LANPHER: No, your Honor.THE COURT: Does the government represent it has fac ts

22 in i t s possess ion to prove Mr. Greaney's gu i l t beyond a23 reasonable doubt?2425

MR. LANPHER: Yes, we do, your Honor.THE COURT: Mr. Greaney, how do you plead to each of


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1 the f ol low ing count s of indictment S6 08 CR 828: Counts one,2 two, th ree , four, f ive , s ix , eight , nine, 10, 11, 14, 15, and3 24?4567

THE DEFENDANT: Guil ty , your Honor.THE COURT: Guil ty to a l l th os e co un ts, correct?THE DEFENDANT: Yes, your Honor.THE COURT: Does the government bel ieve any fur the r

8 inquiry should be made?9 MR. LANPHER: Yes, your Honor. There are two matters

10 in the plea ag reemen t, Cou rt Exhibi t 1, we'd l ike to reference11 fo r the record: Firs t , the defendant has agreed in the plea12 agreement to the for fe i tu re provision. Specif ica l ly to fo r f e i t13 a sum of money equal to $100,000.14 THE COURT: Mr. Greaney, am I correc t it i s pa r t of15 your agreement with the government you are agreeing to fo r f e i t16 $100,OOO?171819

THE DEFENDANT: Yes, your Honor.THE COURT: What i s the o ther issue?MR. LANPHER: The second matter , your Honor, i s a t the

20 bottom of page f ive of Court Exhibi t 1, which i s the21 s t ipu la t ion between the par t i e s regarding th e d ef en da nt 's ba i l22 s t a t us . Specif ica l ly , the par t i e s have agreed tha t the United23 States wil l not objec t to the defendant ' s continued re lease on24 h is current bai l package up un t i l August 20, 2010, but the25 defendant i s agreeing tha t h is ba i l s ta tus wi l l be revoked, and


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1 tha t he wil l surrender to the United Sta tes marshals on or2 before August 20, 2010.3 THE COURT: Is tha t also par t of your agreement,4 Mr. Greaney, t ha t you ' re consenting to cont inue on ba i l ,5 $500,000 personal recognizance bond cosigned by two f inancial ly6 responsible persons and subjec t to various secu r i t i e s , and tha t7 you are going to surrender on or about August 20, 2010?89

1011

THE DEFENDANT: Yes, your Honor.THE COURT: Anything e lse?MR. LANPHER: No, your Honor.THE COURT: Based on Mr. Greaney's physica l

12 appearance, h is demeanor, and h is answers to a l l the foregoing13 quest ions, , I f ind tha t he i s fu l ly competent and capable of14 enter ing an informed and voluntary plea , t ha t he i s aware of15 the nature of the charges agains t him and of the consequences16 of the p lea , and the plea i s knowing and voluntary as to each17 of the essen t i a l 'e lements and supported by an independent bas is18 in fac t as to each of the essent i a l elements of the offenses .19 I therefore accept the p lea and recommend tha t Judge Marrero20 accept plea .21 Counsel should contac t Judge Marrero abou t a date fo r22 sentencing and the presentence repor t .23 MR. LANPHER: For the record, Judge Marr er o has24 scheduled sentencing, your Honor, for December 17 a t 3:30 p.m.25 THE COURT: Sentencing wil l proceed on December 17 a t


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1 3:30, and c ou ns el sh ou ld contact the probat ion depar tmen t about2 prepara t ion of the presen tence repor t .3

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MR. CULLETON: Yes, your Hohor.MR. LANPHER: Thank you, Judge.THE COURT: Anything else from the government?MR. LANPHER: No, your Honor.THE COURT: Mr. Culleton, anything else?MR. CULLETON: Nothing e lse , your Honor. Thank you.THE COURT: Thank you a l l .

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2010-07-16 Greaney Plea Tr