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Nora R. Dannehy,
Acting United States Attorney for the District of Connecticut,
announced that RICHARD GALIETTI, 35, of Fort Myers, Florida,
was sentenced today by Senior United States District Judge Ellen
Bree Burns in New Haven to 46 months of imprisonment, followed
by three years of supervised release, for conspiring to violate
the federal Racketeer Influenced and Corrupt Organizations Act
(RICO), and for making a false statement to a federal law enforcement
officer. GALIETTI
pleaded guilty to the charges on May 8, 2008.
According to documents
filed with the Court and statements made in court, GALIETTI, a
former lead salesman at Automated Waste Disposal (AWD)
and affiliated Danbury-based companies operated by James Galante,
conspired with other carting companies to perpetuate the “property
rights system.” Carters engaged in the property rights
system would not service or compete for other carters’ customers. The
property rights system essentially destroys free enterprise, allowing
the participating carters to artificially inflate their prices
and leaving waste removal customers with no other options. In
this scheme, which was directed at commercial and municipal customers,
participating carters agreed to quote inflated prices to customers
controlled by other carters. GALIETTI and others participated
in the affairs of the enterprise by agreeing to respect the unwritten
rules of the property rights system. At times, GALIETTI helped
to enforce this system through extortion and threats.
Judge Burns
sentenced GALIETTI at the high-end of the federal sentencing
guidelines range of 37 to 46 months, stating that GALIETTI was
an “important
cog in the Galante machine.” In arguing for a sentence
of 46 months, the Government noted that GALIETTI used his contacts
in law enforcement to attempt to ascertain if he was under investigation,
convened meetings with competitors to quell potential price wars,
had competing carters “locked out” of transfer stations,
bullied customers seeking to obtain more favorable rates, threatened
non-compliant carters with violence and, in one instance, damaged
the property of a competitor.
When he pleaded
guilty, GALIETTI specifically admitted that from approximately
June 2004 to August 2005, he agreed with others to improperly
control the trash hauling industry in Connecticut by having participating
carters respect a fellow carter’s claim
to a customer, either by not competing for that customer or, when
solicited by the customer, declining to pursue the opportunity
or collusively bidding at a prearranged price designated to lose
the contract.
GALIETTI also
admitted that he asked his cousin, who was Connecticut State
Police Trooper, to run license plate information through a law
enforcement database in order to determine whether GALIETTI and
his associates were under investigation. GALIETTI also
admitted that he asked a former agent with the Drug Enforcement
Administration to ascertain whether GALIETTI was under investigation.
In addition,
GALIETTI admitted that he physically threatened another carter
with violence and damaged this same carter’s property.
On June 8, 2006, a
grand jury in New Haven returned an Indictment charging GALIETTI,
Galante and others with various violations of federal law, including
racketeering, racketeering conspiracy, Hobbs Act extortion, mail
and wire fraud, witness tampering, tax fraud and conspiracy charges.
On June 12, 2007, GALIETTI, Galante and others were charged in
a Superseding Indictment.
The false
statement charge to which GALIETTI pleaded guilty stems from
an Indictment from the Middle District of Florida. On December 14, 2006,
special agents of the Internal Revenue Service – Criminal
Investigation Division executed a search warrant at a business
in Fort Myers, Florida. On that date, GALIETTI, who had been
released on bond following his June 2006 arrest in Connecticut
and was employed by the Florida business being searched, was encountered
by federal agents executing the warrant and asked if he worked
for the company. GALIETTI falsely stated that he did not,
and that he simply was “dropping by to say ‘hello.’”
On March 26,
2008, a federal grand jury in Fort Myers, Florida, returned an
Indictment stemming from this incident charging GALIETTI with
one count of making a false statement to a federal law enforcement
officer. GALIETTI,
who subsequently was found to have violated his June 2006 bond
conditions, has been detained in federal custody since March 27,
2008.
As a condition of his
plea agreement, GALIETTI has agreed to forfeit $130,750 to the
Government.
To date, 33 individuals
and 10 businesses have been charged with various offenses stemming
from a long-term investigation into the waste-hauling industry
in Connecticut and eastern New York.
On June 3,
2008, James Galante pleaded guilty to one count of conspiring
to violate the federal Racketeer Influenced and Corrupt Organizations
Act (RICO), one count of conspiring to defraud the Internal Revenue
Service, and one count of conspiring to commit wire fraud. He
awaits sentencing.
As to the
defendants in this matter who are awaiting trial, Acting U.S.
Attorney Dannehy stressed that an indictment is only a charge
and is not evidence of guilt. Each defendant is entitled to a fair trial at which
it is the Government’s burden to prove guilt beyond a reasonable
doubt.
This matter
is being investigated by the Federal Bureau of Investigation,
the Internal Revenue Service – Criminal Investigation Division, the United
States Department of Labor, Office of Inspector General, and the
Connecticut State Police. The United States Marshals Service,
the Drug Enforcement Administration’s Office of Professional
Responsibility, and the Connecticut Department of Correction have
provided critical assistance in the Investigation. Assistant
United States Attorneys Michael J. Gustafson, Raymond F. Miller,
and Henry K. Kopel are prosecuting this case.
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