The water is getting hotter for members of Ironworkers Local Union 401.
Ten union members were charged back in February with “criminal acts of extortion, arson, destruction of property, and assault“ in order to persuade property owners and construction managers to use union labor on their projects. Now there are additional charges.
The U.S. Attorney on Wednesday said it was adding to the original charges, announcing it had evidence of 14 new acts of extortion to force construction sites to turn to unions.
The press release:
A federal grand jury returned a superseding indictment. An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty. [sic] today adding two counts of extortion which interferes with interstate commerce against members of Ironworkers Local 401 and allegations of additional criminal conduct as part of the RICO conspiracy. Those allegations concern 14 additional acts of extortions, or “night work,” committed by the defendants at various construction sites in the Philadelphia area, including several local schools. Named in the two new counts are Joseph Dougherty, Christopher Prophet, Richard Ritchie, Edward Sweeney, and William O’Donnell. Co-defendant Francis Sean O’Donnell is also named in the narrative added to the RICO count. They were indicted in February with co-defendants James Walsh, William Gillin, Daniel Hennigar, Greg Sullivan, and Francis Sean O’Donnell.
The superseding indictment charges that the business agents of the Ironworkers Local 401 would approach non-union contractors performing the ironwork at the job sites and demand that they hire union ironworkers. If the non-union contractors refused, members of the Ironworkers Local 401, sometimes referred to as the “Shadow Gang,” would sneak into the construction site at night, use sledgehammers to smash the anchor bolts of the building, and damage equipment. Each incident caused tens of thousands of dollars in damage and construction delays. The vandalized construction sites included elementary schools in Wallingford, PA, and Sharon Hill, PA, a firehouse in Eddystone, PA, an assisted living facility in Horsham, PA, as well as sites in Havertown, Wynnewood, Malvern, and Drexel Hill.
One example of the additional conduct alleged in the superseding indictment includes significant damage to a construction site at a commercial business in Malvern, PA. On January 20, 2012, defendant Francis Sean O’Donnell allegedly reported at a general meeting of the Ironworkers Local 401, in the presence of defendants Dougherty, Sweeney, Prophet, Ritchie, and William O’Donnell, that he was “in negotiations” with the contractors to hire union ironworkers and that if the Ironworkers Local 401 does not “get some men put on they are going to run into some unsuspected delays.” On February 17, 2012, defendant O’Donnell allegedly reported this contractor failed to hire any union ironworkers and stated “I just want to thank the Shadow Crew for another job well done. They were shut down for about a week and cost them about $150,000.” O’Donnell further allegedly reported at this meeting that “about a week after that I got a call” from the contractor wanting to hire some union ironworkers.
Each additional count of extortion which interferes with interstate commerce carries up to 20 years in prison. Each of the defendants is facing a substantial prison term if convicted.
The case was investigated jointly by the Federal Bureau of Investigation and Department of Labor Office of Inspector General, with assistance provided by the Philadelphia Police Department Corruption Task Force, East Whiteland Township Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Employee Benefit Security Administration. It is being prosecuted by Assistant United States Attorney Robert Livermore with legal assistance from Gerald Toner, Acting Deputy Chief for Labor-Management Racketeering, Organized Crime and Gang Section at the Department of Justice.
Previously: Huge News: Union Leaders Arrested
The new indictment is below:
The original indictment: