By JOHN E. MULLIGAN
Journal Washington Bureau
March 10, 1999
WASHINGTON
-- Laborers Union General President Arthur A. Coia, once a top
Democratic fundraiser and friend of President Clinton, was fined
$100,000 yesterday for taking a ``personal benefit'' from a union
vendor -- a Rhode Island car dealer who arranged a special deal
for Coia to buy an exotic $450,000 Ferrari.
But the union's top disciplinary officer,
Peter F. Vaira, rejected a battery of other internal union charges
that Coia has let organized crime figures wield influence in the
750,000-member union of construction laborers, ditch diggers,
food handlers, government employees and other workers.
Vaira permitted the 55-year-old lawyer and
union leader from Barrington to remain as the Laborers' top officer,
a post he has held under continual federal scrutiny since February
1993.
``When the charges were first filed against
me, I said we had chosen the path of reform and needed to go wherever
it might lead,'' Coia declared in a news release yesterday. ``I
said that justice would be served and the truth would be known.''
Coia alluded to his participation four years
ago in creating an anticorruption unit in the mob-tainted union.
In November 1997, that office brought charges against Coia himself
that could have cost him his $254,000-a-year job.
In his 108-page ruling yesterday, independent
hearing officer Vaira found that Coia avoided in federal luxury
taxes in the complex deal with Viking Oldsmobile-Cadillac-GMC,
of Middletown, to finance the special-edition Ferrari. But Vaira
said it was beyond his jurisdiction to rule on the internal union
charge that Coia had committed a felony evasion of $42,000 in
federal taxes.
Further, Vaira wrote that the internal prosecutors
failed to provide evidence for their allegation that Coia and
Carmine Carcieri, Viking's proprietor, did not pay $33,750 in
Rhode Island taxes.
At the time of the transaction, in 1991,
Viking held the contract to lease cars for the use of Laborers
officials nationwide. The in-house anticorruption unit,
known as the inspector general's office, later forced the Laborers
to stop doing business with Viking because of the firm's alleged
ties to the mob.
A spokesman for the Justice Department, which
has closely followed the in-house proceeding against Coia, would
not comment on whether it is investigating the tax question or
any other possible criminal charges against Coia.
Coia's lawyer, Howard Gutman, declined comment
on the Viking transaction. Gutman said, however, that the evidence
in the case ``demonstrated overwhelmingly that Coia is not only
not controlled by the mob but that the mob despises Coia.''
In a joint statement, two Justice Department
officials close to the case pronounced themselves ``disappointed
with the decision'' by Vaira and urged that the union's anticorruption
team appeal it.
``We believe the opinion contains serious
factual and legal errors,'' said James K. Robinson, the assistant
attorney general for the department's criminal division in Washington,
and Scott R. Lassar, the U.S. attorney in Chicago, where the original
federal investigation of the Laborers was launched years ago.
They did not get into specifics but a department
spokesman in Chicago, Randall Samborn, said the department believes
that Vaira erred by failing to follow certain key precedents that
the union's appellate officer, W. Neil Eggleston, has set in a
body of appeals he has heard of Vaira's cases.
Samborn also said the Justice Department
disagrees with Vaira about the credibility of certain witnesses
called during more than 20 days of secret internal hearings that
Vaira conducted in the Coia case last spring.
Union dissidents were much more outspoken.
``It's a slap on the wrist,'' Alex Corns,
who leads a hod carriers local in Daly City, Calif., said of Vaira's
single finding against Coia and the $100,000 fine, payable over
two years.
``We really thought that the United States
government was going to come in and clean up our union like they
did the Teamsters,'' said Corns, asserting that the government
settled instead for a cleanup by union-hired investigators.
Corns said the government should exercise
its authority under the 1995 agreement with the union to seize
control of its affairs.
Robert D. Luskin, the former federal prosecutor
who acts as the union's chief internal prosecutor, noted that
the Justice Department has had continual monitorship of his unit's
work and praised his office for ``vigorously'' pressing the case
against Coia.
Luskin said that his law firm billed the
union for about $1.4 million last year, including the expense
of running the investigative unit. Vaira billed about $900,000
in 1998, Luskin said.
Luskin said he would decide within 10 days
whether to appeal any part of Vaira's ruling. Coia's lawyer, Gutman,
declined to say whether he would appeal the one finding against
Coia, or the fine.
Here are some of the charges against Coia
that Vaira rejected yesterday:
Vaira also rejected a charge that Coia testified
falsely to the in-house investigators about his role in the Laborers
award of a major car-leasing contract to Viking. He specifically
wrote that Coia's acceptance of the special arrangement to buy
his Ferrari was not a ``kickback.''
Yesterday's decision gave these details of
the Ferrari deal for which Vaira fined Coia:
Coia wound up selling the car for $380,000
in 1994 -- a $70,000 loss.
``Although Coia actually lost money on the
venture with Carcieri, he was offered a unique opportunity to
make a large profit and received favorable terms on the purchase
of the vehicle,'' Vaira wrote. ``The conflict of interest in this
matter occurred at the highest level of the Union, between the
Chief Financial Officer and a major vendor to'' the Laborers.
Copyright © 1999
The Providence Journal Company
That Coia had an association with Raymond
``Junior'' Patriarca, the son of the legendary New England organized
crime boss Raymond L.S. Patriarca and a mob leader himself.
That Coia permitted organized crime to influence
the union when he appointed a Mafia-linked Chicago Laborers leader,
John Serpico, to the post of union hearing officer (similar to
the position Vaira holds today). Coia made that appointment as
one of his first acts as general president in 1993
.
In 1991, Coia bought a special model Ferrari
F40 from a Massachusetts dealer for $450,000 -- part of his hobby
of investing in fancy cars. Coia made the down payment himself
from the proceeds of the sale of two other exotic cars he owned.
Coia was then general secretary-treasurer of the Laborers, the
number-two official in the union.
But Coia obtained most of the purchase price
-- $350,000 through a form of financing generally available only
through car dealers, in this case Viking. He did so because Carcieri
agreed to keep the car on the books in Viking's name, even though
Coia was the actual owner and had the use of the car.
The arrangement also permitted Coia to enhance
the investment value of the Ferrari by making it appear that it
was not a ``pre-owned'' car when he was ready to sell it. That,
wrote Vaira, gave the Ferrari special ``cachet'' in the exotic
car market.