United States of America v. Robilotto, 828 F. 2d 940 - Court of Appeals, 2nd Circuit 1987

Defendants-appellants J. Michael Robilotto, Louis D. Spagnola and Anthony V. Civitello appeal from judgments of the United States District Court for the Northern District of New York (Gagliardi, J.), convicting them of various offenses arising from their association with Local Union No. 294 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ( Local 294 ). Each appellant was charged with various counts of a 50-count superseding indictment, including substantive RICO violations, 18 U.S.C. § 1962(c) (1982); RICO conspiracy, id. § 1962(d); Hobbs Act conspiracy and substantive Hobbs Act violations, id. § 1951; mail fraud, id. § 1341; receiving benefits to influence the operation of an employee welfare plan, id. § 1954; receiving illegal payments as an employee representative, 29 U.S.C. § 186(b)(1) (1982); conspiracy to misapply bank funds and to make false book entries and false statements in credit applications, see 18 U.S.C. § 371 (1982); and filing false federal income tax returns, 26 U.S.C. § 7206(1) (1982). On appeal, Robilotto contends primarily that the Hobbs Act count on which he was convicted failed to state a criminal offense. He also challenges the sufficiency of the evidence to support his convictions for extortionate conspiracy and for receiving benefits to influence the operation of an employee welfare plan. He argues as well for reversal of his RICO convictions on the ground that there was an insufficient nexus between the pattern of racketeering shown and the affairs of the charged enterprise. Spagnola challenges the district court\u27s entry of a RICO forfeiture judgment against him. Civitello claims primarily that the charges against him were barred by the applicable statute of limitations. We affirm