John J. O'Rourke (O'Rourke) has been an inspector with the LIUNA Inspector General's (IG) Office since May 1996.
Tr. 34-35.Prior to that time, O'Rourke served as a special agent for the Office of Naval Intelligence for six years and a special agent for the Federal Bureau of Investigation (FBI) for twenty-six years.
Tr. 35.O'Rourke retired from the FBI in 1995 and spent over a year as an Inspector for the Cook County Sheriff's Office assigned full-time to the FBI task force in Chicago.
Id. Of the thirty-two years O'Rourke spent in law enforcement, twenty-three years specifically involved investigating organized crime in the Chicago area.Tr. 35-36.O'Rourke worked in the FBI Chicago field office investigating Chicago organized crime from approximately 1974 until May 1996.
Tr. 35.During that time, O'Rourke
participated in several hundred organized crime related investigations in Chicago and played a role in seventy-five to one hundred organized crime convictions.Tr. 36.O'Rourke has also served as a field police instructor for the FBI, in which position he conducted seminars and classes in organized crime and hostage negotiations for local and federal law enforcement agencies.
personally participated in investigations of the organized crime 26th Street Crew from 1979 until 1984, then continued assisting with intelligence information until his
retirement in 1995.Tr. 98-99.As one specific example, O'Rourke was the case agent on an investigation of extortion and credit transactions or loansharking, the subjects of which were Joseph "Shorty" LaMantia, Frank Caruso, Aldo Pisceitelli, and Fred "Bruno" Barbara.
As part of the investigation, O'Rourke
had the opportunity to observe the interaction of those
individuals.Tr. 151-52.As part of these investigations and intelligence gathering, O'Rourke
personally spoke with associates and members of the Chicago Outfit
who provided information about the 26th Street Crew
.Tr. 99.The GEB Attorney called O'Rourke as an expert witness.The use of expert witnesses has been accepted previously in labor litigation resulting from the consent decree between the Department of Justice and the International Brotherhood of Teamsters (IBT).
In United States v. International Brotherhood of Teamsters (Senese and Talerico), 745 F.Supp.908 (S.D.N.Y. 1989), an FBI agent gave and the court accepted expert testimony relating to organized crime membership based upon his reading of FBI crime reports, his own notes from attending FBI debriefings, depositions, testimony of unnamed cooperating witnesses, and FBI physical surveillance.
The IHO has adopted this procedure.
Under this procedure, O'Rourke
has previously been qualified and testified before the IHO as an expert in organized crime in the Chicago area.Tr. 37.
...The IHO finds that O'Rourke is a qualified witness, expert in criminal investigations and the structure of organized crime in Chicago, and his testimony, in conformance with accepted investigative techniques, is reliable.
In order to facilitate the proceedings, O'Rourke
submitted an affidavit prior to the hearing indicating support for the opinion he
rendered.Tr. 212.See GEB Ex.105, Affidavit of John J. O'Rourke
affidavit based upon the results of interviews of cooperating witnesses and informants.Tr. 210.
The affidavit was provided to Respondents' counsel before the hearing and in addition to the affidavit, O'Rourke
appeared and testified extensively at the hearing.See Tr. 34-176, 189-525.
O'Rourke's affidavit discussed the use of cooperating witnesses and confidential informants.A cooperating witness is a publicly identified individual who provides information about organized crime and agrees to testify in court.GEB Ex.105, Affidavit of John J. O'Rourke
105, Affidavit of John J. O'Rourke
...Richard John Mara (Mara) was a member of the 26th Street/Chinatown crew who later cooperated with the FBI and was interviewed and debriefed extensively by O'Rourke.
interviewed Mara on September 1996 and May 1997, specifically concerning the influence of organized crime on LIUNA
in the Chicago area.
testified that the information Mara provided to him was corroborated in part by Joseph LaMantia's plea agreement.
and other agents attested Scarpelli in July 1998, after an extensive year-long investigation including consensual recordings made by Basile of meetings with Scarpelli and other members of the Ferriola crew.
Id The night of Scarpelli's arrest, O'Rourke
debriefed him extensively and Scarpelli agreed to cooperate with the FBI
The information provided by O'Rourke
regarding Scarpelli in the present matter was offered mainly as corroboration and
...O'Rourke testified that Joseph Granata (Granata) was a member of organized crime and a participant in the Ferriola crew with contacts in other crews.
spoke with Granata on many occasions while O'Rourke was in the FBI
After Granata entered the Witness Security Program, O'Rourke
continued to speak with him on a regular basis.
Since working for LIUNA
has spoken with Granata approximately twenty to thirty times, the most recent being the same month as the hearing [January 2000].
testified that James Peter "Duke" or "Dukey" Basile (Basile) was known to the FBI
as a lifelong associate of organized crime both through his own admission and through investigation by the FBI
has personally spoken
gave testimony regarding William Jahoda (Jahoda).
In addition to the named cooperating individuals, O'Rourke
stated that he
had received information from eleven confidential informants regarding the Respondents
utilized these statements to support his
opinion that Respondents
in this matter are associated with organized crime
The testimony related by O'Rourke
by these informants varied from being very specific to very general.The informant information, combined with other facts relied upon by O'Rourke
was sufficient to satisfy the IHO that O'Rourke's opinion should be given substantial weight.
As a former case agent on an investigation of John Peter "Jackie" Cerone (Cerone) in the mid-1980s, O'Rourke
testified that Cerone was the longtime chauffeur and bodyguard for Anthony Accardo, became underboss of the Chicago outfit
, and was identified by informants through surveillance and wiretaps as a made member of organized crime and by cooperating subjects as a top leader of organized crime in Chicago.
105, Affidavit of John J. O'Rourke
...of John J. O'Rourke.
...18. O'Rourke testified that Marco D'Amico was a principal member of the Elmwood Park crew, was a long time member of the Chicago Outfit, and owned several hot dog stands throughout the north side of Chicago.
further testified that D'Amico had been the object of an investigation by the FBI
, was indicted, pled guilty, and is currently in federal prison.
22. Based upon his interviews and investigations, and review of FBI files at the time, O'Rourke
testified that Angelo LaPietra
was the boss of the 26th Street/Chinatown/Southside crew from approximately 1980 until his imprisonment in 1986.
testified that Monteleone consistently appeared during surveilled meetings with Infelise and other members of the crew.
25. In addition to the surveillance information, O'Rourke
testified that James Peter "Dukey" Basile, an enforcer and collector for the Cicero crew, had told him that Monteleone was in the inner circle of the Cicero crew and a longtime made member of organized crime.
...agreement among confidential informants, O'Rourke is of the opinion that John Monteleone is the current leader of the 26th Street/Chinatown crew.
testified that the South Suburban/Chicago Heights crew was operated by Alfred "AI" Pilotto in the past and is currently under the control of John Monteleone.
...38. O'Rourke testified that Larry Pusiteri was the owner of the Hungry Hound hot dog stand located at 26th Street and Princeton, across from the old Italian-American Neighborhood Club, and that the hot dog stand was used as a center for gambling and loansharking activities.
testified that Marcy had
...Mara indicated to O'Rourke that Inendino was a close associate of Harry Aleman, and part of the hit man crew for Ferriola.
...50. O'Rourke testified that Guy Bills had told him that Jarrett ran a burglary crew and Bills considered Jarrett to be a made member of organized crime and a lie