An additional hearing was conducted by telephone on December 22, 1998, for the purpose of permitting crossexamination of GEB Attorney witness John O'Rourke ("O'Rourke") on a post-hearing affidavit of O'Rourke submitted by the GEB Attorney on request of the 1110.
Post-hearing briefs were filed by both parties on January 28, 1999.
The GEB Attorney called O'Rourke as an expert witness.
This technique has been accepted in litigation concerning the IBT consent decree.
In United States v. Intemational Brotherhood of Teamsters (Sensese and Talerico , 745 F.Supp.
The IHO finds that O'Rourke is an expert in organized crime matters and , as discussed below, has solid information upon which to base his expert opinion.
O'Rourke has been employed as an Inspector with the LIUNA Inspector General's ("IG") Office since May 1996.
O'Rourke previously served as a special agent with the Office of Naval Intelligence in Chicago and at its headquarters in Washington, D.C. for approximately six years.
Id. O'Rourke then joined the Federal Bureau of Investigation
") as a Special Agent and served in Washington, D.C.; Atlanta, Georgia; Alexandria, Virginia; and Chicago, Illinois from 1973 until 1995.
Id. Thereafter, O'Rourke became an inspector with the Cook County Sheriff's office where he was assigned to the FBI major theft task force for approximately one and a half years.
spent approximately 23 years of his
32 year career in the investigation of organized crime in Chicago.
In that time he
has participated in several hundred organized crime investigations and played a role in approximately 75 convictions.
twenty-three years with the FBI
testified before numerous federal grand juries, in numerous trials in federal district court, in special offender hearings, in bail hearings, and in preliminary hearings.
has testified on the subject of organized crime in the Chicago area in excess of 100 times, inCIuding the structure, individuals involved, and the activities of organized crime in the Chicago area.
While with the FBI, O'Rourke was a field police instructor and taught CIasses and seminars in organized crime, informant development, and hostage and crisis negotiations.
Over the course of twenty years, O'Rourke
also conducted CIasses for the Cook County State Attorney's Office
, the IRS
, and the United States Attorney's office
for the Northern District of Illinois.
The IHO finds that O'Rourke
is qualified to testify as an expert witness in organized crime matters , particularly with regard to the Chicago area.
As described below, O'Rourke
opinion on substantial interviews and personal investigation.
related the procedures used by the FBI
in CIassifying organized crime figures.
In order for the FBI
to CIassify and place an individual as a member or associate of organized crime, one of several requirements must be met. two organized crime confidential informants with known reliability must independently identify an individual known to them and their associates as a made member; Title III electronic surveillance taped conversations between two known organized crime members discussing a third individual in a manner that identifies the individual as a member; statements by a member of organized crime identifying someone as a made member overheard by an FBI
undercover agent; or a combination of these instances.
O'Rourke related information provided to him by eight named cooperating witnesses and ten confidential informants.
O'Rourke also related information he had teamed from a cooperating witness who he had not interviewed but who had provided information to the FBI and specifically to O'Rourke's partner.
interviewed Fillippe in 1996 and early 1997 on approximately six occasions.
interviewed LaValley on several occasions and LaValley provided information concerniu-specific crimes and organized crime in Chicago.
testified that LaValley provided correct and accurate information regarding organized crime information in Chicago, inCIuding crimes not previously known to the FBI
, but later verified through independent investigations.
Prior to joining the IG's office, O'Rourke interviewed Leonard Patrick ("Patrick") several times in 1990-1991.
interviewed Robert Cooley ("Cooley") in person, on October 10 and December 18, 1996, and by telephone on July 29, 1995 under the auspices of the Chicago FBI office.
Prior to joining the IG's office, O'Rourke interviewed Rainone on October 29, 1989.
testified concerning his
debriefing of ten confidential informants.
did not use consecutive numbers to identify the confidential informants.
operated confidential informant number one ("CI 1") from 1988 to 1996.
CI 2 has been an FBI informant from 1968 to the present and was personally operated as an informant by O'Rourke from the early 1990s until he left the FBI in 1996.
continued to debrief CI 2 at least twice a month and has spoken with him as recently as December 4, 1998.
said that CI 2's information has been independently verified and found to be reliable by the FBI
Confidential informant number five ("CI 5") is an FBI informant developed and operated by O'Rourke from 1988 to 1996 when he left the FBI.
continues to speak with CI 5 approximately once a week.
CI 5 is a City of Chicago employee previously but not currently involved in criminal activities.
has had regular contact with members of the Chicago Outfit
over a period of twenty-five years.
Confidential informant number six ("CI 6") is an FBI informant O'Rourke developed and operated from 1985 to 1996.
regularly debriefed CI 6 several times per month.
continues to meet with CI 6 on an irregular basis.
CI 6 was involved in daily gambling operations for the Chicago Outfit
and was in regular contact with several individuals
involved in the Chicago Outfit
stated that the FBI
had independently verified CI 6's information and found it to be reliable.
Confidential informant number seven ("CI 7") is an FBI informant developed and operated by O'Rourke
from 1986 until 1996.
had regular contact with CI 7 from 1986 to 1988, debriefing him on a daily basis.
From 1988 to 1996, O'Rourke
debriefed CI 7 approximately once a month.
Since 1996 when he
left the FBI
debriefed CI 7 several times, inCIuding on February 2, 1996 and June 13, 1996.
CI 7 is a long time organized crime associate who was in regular contact with a number of high level organized crime bosses, members, and associates for over forty years.
testified that the FBI
had independently verified CI Ts information and found it to be reliable.
O'Rourke did not personally debrief confidential informant number ten ("CI 10") while employed by the FBI; however, he did know of him while he was an FBI agent.
CI 10 was developed and operated by another FBI agent.
While a LIUNA inspector, O'Rourke has interviewed CI 10 once in person on January 9, 1997, and once by telephone.
Both interviews were arranged by the FBI
stated that CI 10's information has been independently verified and found to be reliable by the FBI
Confidential informant number eleven ("CI 11) is an FBI confidential informant who O'Rourke
developed and operated from 1974 to 1996, during which time O'Rourke
debriefed CI I I on a regular basis.
Since 1996, O'Rourke
has continued to debrief CI 11 periodically.
debriefed CI 12 both when he
was in the FBI
and later as an IG
O'Rourke was permitted to debrief CI 12 with Assistant U.S. Attorney Buvinger, FBI Special Agent Ernie Luara, and a super-visor, Special Agent Jim Wagner, specifically concerning the Hotel Employees and Restaurant Employees International Union ("HEREIU") and LIUNA.
Confidential informant number thirteen ("CI 13") was an FBI informant who O'Rourke
operated from 1992 until 1996 during which time he
debriefed CI 13 approximately once a month.
Since 1996, O'Rourke
has debriefed CI 13 by telephone several times.
CI 13 is a long time associate of the Chicago Outfit
and continues to be actively involved in criminal activities and engages in regular conversations with a number of high ranking Chicago Outfit figures.
CI 13 has personally known MaWsa for thirty years, and visited Matassa's house in the early 1970s.
Confidential informant fourteen CI 14") was an FBI informant who O'Rourke
developed and operated from 1992