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Office of the Election Supervisor for the International Brotherhood of Teamsters

              September 18, 1996

 

 

VIA UPS OVERNIGHT

 


Tom Feeley

September 18, 1996

Page 1

 

 

Tom Feeley

34-21 Review Avenue

Long Island City, NY  11101

 

James P. Hoffa

2593 Hounds Chase

Troy, MI  48098

 

Marie Schembri

Schembri & Associates

86-06 101st Avenue

Ozone Park, NY  11416


Bradley T. Raymond

Finkel, Whitefield, Selik, Raymond,

  Ferrara & Feldman, P.C.

32300 Northwestern Highway, Suite 200

Farmington Hills, MI  48334

 

Nathaniel K. Charny

Cohen, Weiss & Simon

330 W. 42nd Street

New York, NY  10036


Tom Feeley

September 18, 1996

Page 1

 

 

Re:  Election Office Case No. P-928-LU804-NYC

 

Gentlepersons:

 

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules) by

Tom Feeley, a member of Local Union 804.  The protester alleges that James P. Hoffa and the Hoffa campaign hired Marie Schembri, a private investigator/employer, to investigate

Ron Carey for purposes of discrediting him and thereby advancing Hoffas candidacy.  The protester argues that since neither Mr. Hoffa nor the Hoffa campaign has reported any expenditures to Ms. Schembri for her services on their Campaign Contribution and Expenditure Reports (CCER), Ms. Schembri is providing her services free of charge to the Hoffa campaign, which would constitute a prohibited employer contribution, under the Rules.

 

The Hoffa campaign responds that no expenditures to Ms. Schembri were reported on the CCERs because Ms. Schembri has not provided any services to the campaign.

 

The protest was investigated by Election Office Staff Representative Kathryn Naylor.


Tom Feeley

September 18, 1996

Page 1

 

 

The protesters contention that Ms. Schembri has been retained by the Hoffa campaign is based on the following evidence:

 

1.  The affidavit of Ms. Schembri, in which she states, For a number of months, beginning in late 1995, I have been investigating the affairs of Ronald Carey.  Affidavit of Marie Schembri, In the Matter of the Probate Proceeding of the Last Will and Testament of Anne C. Morgen v. Eleanor Livoti, Surrogates Court, County of Queens (July 11, 1996), File No. 3967/94.

 

2.  A July 14, 1996 Business Wire report focusing on Mr. Hoffas reactions to allegations that Mr. Carey improperly pressured an elderly Queens woman to name him as the beneficiary of her $395,000 estate and used a UPS lawyer from its Queens terminal to draw up the new will in 1987.  The report states that Upon learning of the charges, Hoffa called on Carey to abandon his campaign and spare the union the embarrassment resulting from prolonged government inquiries and likely criminal charges that will follow.  At the end of the report, Delacorte/Shinoff is listed as the contact for press representatives interested in attending a press reception with Mr. Hoffa on Sunday, July 14, 1996, for further comments on this matter.

 

3.  A feature article on Ms. Schembris career as a private investigator that states In hunting for a mob connection in the background of a labor leader, working for clients she describes vaguely as media people, Ms. Schembri . . . went to Long Island and upstate, on the pretext that they were doing research for writers.  Andrea Kannapell, A Snoops Story:  The Confessions of a Private Eye, New York Times, August 27, 1995, at Section 13, Page 1.  

The protester contends that these three items considered together lead to the unavoidable conclusion that Ms. Schembri was hired by Mr. Hoffas campaign and, in particular, by the firm of Delacorte/Shinoff, as the media people to which Ms. Schembri refers to in the New York Times article quoted above.  None of the evidence presented, however, connects Ms. Schembri to the Hoffa campaign or to Delacorte/Shinoff.

 

  The Hoffa campaign denies that Ms. Schembri has provided services to the campaign or to Delacorte/Shinoff on behalf of the Hoffa campaign.  Ms. Schembri also denies that she has worked for Mr. Hoffas campaign or for Delacorte/Shinoff.  The Election Officer finds that the protester has not presented any evidence which shows that Ms. Schembri was retained by the Hoffa campaign and therefore should have been reported on the CCER.

 

Accordingly, the protest is DENIED.

 

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal.  Requests for a hearing shall be made in writing and shall be served on:

 


Tom Feeley

September 18, 1996

Page 1

 

 

Kenneth Conboy, Esq.

Latham & Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax (212) 751-4864

 

Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile

(202) 624-3525.  A copy of the protest must accompany the request for a hearing.

 

Sincerely,

 

 

 

Barbara Zack Quindel

Election Officer

 

 

cc:               Kenneth Conboy, Election Appeals Master