From: bobworn@aol.com
Subject: SNET: Allegation of Corruption at the Justice Department
Date: 18 Dec 2000 07:48:59 -0500
To: BOBWORN@aol.com
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ALLEGATION OF CORRUPTION AT THE JUSTICE DEPARTMENT
Sworn Affidavit of Deputy Sheriff Michael S. Terlecky
Tuesday, December 5, 2000
Mr. TRAFICANT. Mr. Speaker, today, I am submitting an affidavit
by Michael Terlecky of Mahoning County for the RECORD. The
affidavit, signed and sworn on the fourth of December, 2000, alleges,
Federal Bureau of Investigation knowledge and participation in
illegal gambling activities and other mob related activities.
Terlecky, as a Mahoning County Deputy Sheriff, worked exclusively
with the Youngstown Police Department Special Investigations Unit
(SIU) to raid and eliminate illegal gambling rings in the
Mahoning Valley. He was removed from active duty in 1988 because
of a physical disability.
The affidavit alleges gross misconduct on the part of FBI agents
Robert Kroner and Larry Lynch. He points to the pressure that was
placed upon any law enforcement officer who challenged the
illegal activities of James Prato and Joey Naples. Prato and
Naples, both local Mafia bosses, ran illegal gambling operations
in Youngstown. Rival factions were hit hard by raids while the
Prato/Naples operations were left alone. Terlecky alleges Agents
Kroner and Lynch attempted to control his gambling raids so that
there would be no interference with the Prato/Naples operations.
As the affidavit illustrates, Terlecky was manipulated and
neutralized by the local FBI agents' efforts to protect the FBI's
participation in illegal activities. Michael Terlecky was
dangerous to the local FBI. He was also an unlucky man for having
stumbled upon the connections of the Prato/Naples faction and the
FBI. For this, he was later indicted and convicted for taking a
bribe from another mob boss. Lenine Strollo.
In that trial, Terlecky's attorney was Stewart Mandel. Mandel was
a former U.S. attorney within the Justice Department. Following
the trial, Mandel became a business partner of mob boss Lenine
Strollo for a company in Conneaut, OH. Think about it. Whose
interest was Mandel representing, Michael Terlecky or his
business partner and mob boss Lenine Strollo?
In subsequent hearings, Lenine Strollo admitted that he never
paid Michael Terlecky bribe money. Furthermore, Mandel was
indicted and convicted of income tax violations associated with
Strollo.
It is clear that Michael Terlecky was innocent of the charges
against him and that even his attorney had a conflicting interest
in helping him. He was thrown to the wolves while the real
perpetrators went unpunished. I will continue to investigate the
FBI's knowledge of illegal mob related activities, including the
activities of Agents Kroner and Lynch. Also, I have submitted a
request to the President for a full pardon of Mr. Terlecky's
conviction. His name deserves to be exonerated.
The Terlecky affidavit is being submitted today to the
CONGRESSIONAL RECORD as supporting documentation for my bill H.R.
4105, "The Fair Justice Act." This bill would create an agency to
oversee the U.S. Department of Justice and prosecute those
involved in any wrongdoing. Today, when something is amiss in the
Justice Department, it investigates itself, much like the fox
guarding the henhouse. An independent oversight agency would
eliminate the conflict of interest that exists today when
wrongdoing occurs in the Justice Department.
STATE OF OHIO, COUNTY OF MAHONING: AFFIDAVIT OF MICHAEL S.
TERLECKY
After having been duly sworn in accordance with law, I, Michael
S. Terlecky, hereby depose and say:
SUMMARY
The statements made in this affidavit can be summarized as
follows:
During a span of time before March 21, 1998 while I was an active
Mahoning County deputy sheriff I obtained actual knowledge that
certain Federal Bureau of Investigation agents illegally
obtained, controlled, suppressed, manipulated, falsified and
tainted evidence. Under the law they abused their authority
within the United States Department of Justice when they
concealed the illegal activities of organized crime, their motive
being, unjust and unlawful enrichment.
These same agents, by means of the abuse of their Federal power,
controlled and manipulated local police agencies to do their
bidding. That bidding being, the elimination of any illegal
competitive opposition for the gangsters with whom they had
aligned themselves with.
These same Federal Bureau of Investigation agents, with
deliberate indifference, risked the lives of officers of the law
while they themselves were breaking the law. These same agents,
with deliberate indifference of the trust, allowed me, an officer
of the law to be falsely imprisoned so that I could not timely
reveal the truth.
1. I am more than eighteen years of age and a resident of
Mahoning County, Ohio.
2. I became a Mahoning County, Ohio deputy sheriff in 1977.
3. While I was on active duty as a Mahoning County Deputy Sheriff
I exclusively worked with the Youngstown, Ohio Police
Department's special investigations unit. One of my main duties
was to investigate and arrest people for illegal gambling
activity.
4. Because of a physical disability I was taken off active duty
as a deputy sheriff on March 21, 1988.
TRAFICANT TAPES
5. During the trial United States of America
6. In the immediate above mentioned trial, Federal Bureau of
Investigation Special Agent (FBI SA) Robert Kroner gave testimony
as a prosecution witness. FBI SA Robert Kroner testified under
oath that the "Traficant tapes" were found in a bread box in Joe
Derose's apartment in Pittsburgh, Pennsylvania. I have personal
knowledge that FBI SA Robert Kroner lied about the "Traficant
tapes" being found in a bread box in Joe Derose's apartment in
Pittsburgh, Pennsylvania.
7. The so called "Traficant tapes" were found by Mahoning County,
Ohio Deputy Sheriff Frank Tomaino and me in Joe Derose's
apartment in Canfield, Ohio during a multiple shooting
investigation by Frank Tomaino, Joseph Rinko and me.
8. What took place just before the "Traficant tapes" were found
was as follows:
9. I believe that the reason why FBI SA Robert Kroner lied about
finding the "Traficant tapes" in Joe Derose's Pittsburgh,
Pennsylvania apartment is because he didn't know who listened to
the audio tapes after I found them in the presence of Frank
Tomaino. Additionally, the audio tapes were found without
obtaining a search warrant. I do not feel that I broke any laws
in the way I found the audio tapes. However, I feel that I was
ethically wrong. The shootings took place in a parking lot
outside Joe Derose's apartment on Indian Run Road, Canfield, Ohio
which was video camera recorded from a telephone pole. The video
camera was put there by the FBI. The FBI said the video camera
was not working because it was struck by lightning. To prove the
video camera was not working they presented a repair receipt for
the video camera.
ROBERT KRONER'S OBSTRUCTION OF JUSTICE
10. I had a reliable informant for months. He called me on the
telephone one night to inform me that someone in Struthers,
Mahoning County, Ohio who wanted to pay me a large amount of
money if I would not include certain places in my raid on illegal
gambling facilities. My informant asked me to meet with him in a
donut shop on Youngstown-Poland Road.
11. Because this informant told me months before that he was an
informant for FBI SA Robert Kroner, I didn't trust him.
Therefore, before I met with this informant I telephoned the
Youngstown, Ohio Police Department's special investigations unit
(SIU). I spoke with Officer Robin Lees requesting that I be
"wired" when I met and spoke with this informant at the donut
shop. I felt that I could be "set-up". Officer Robin Lees agreed
to me being "wired" and said he would help me.
12. While I met with my informant Officer Robin Lees, another
officer named Guzzy and four other officers were parked in a van
across the street tape recording everything my informant told me
over a 30 to 40 minute period of time. The main topic of what my
informant told me was the setting of a meeting with individuals
in Struthers, Ohio who wanted to give me money so they could
relax on weekends knowing that I wouldn't be around with my
gambling raiding team arresting people for illegal gambling. My
raiding team had recently raided over 12 establishments. Because
Charlie Carabbia was now missing, Joey Naples, along with the
Pittsburgh, Pennsylvania organized crime family controlled
Struthers, Ohio with only few negotiated exceptions.
13. Immediately after my meeting with my informant Robin Lees
gave me the audio tape recording of my informant and my meeting.
Because it was late in the day and because I never had a key to
the evidence locker at the Mahoning County Sheriff Department the
S.I.U. put the audio tape recording in their evidence locker for
me so that I could use it as evidence later.
14. Sometime between the night the audio tape recording was
placed in the S.I.U. evidence locker and the next day, Robin
Lees contacted FBI SA Robert Kroner and informed him about my
meeting with my informant, the audio tape recording and the plans
of the investigation which included the "payoff" meeting in
Struthers, Ohio by members of the Pittsburgh, Pennsylvania Mafia
family.
15. Shortly after, my informant telephoned me. In an irate tone
of voice he told me he was angry with me because I wore a "wire"
during our conversation at the donut shop. He also informed me
that FBI SA Robert Kroner telephoned him to tell him that he had
the audio tapes and that if he helped me in any way that he would
be indicted.
16. After the above mentioned telephone conversation with my
informant I went to the Mahoning County, Ohio Prosecutor's Office
and met with Assistant Prosecuting Attorney Bailey. I gave him
the facts in support of FBI SA Robert Kroner's obstruction of
justice. Assistant Prosecutor Bailey began creating an arrest
warrant for me but stopped when I informed him that Robert Kroner
was an FBI
17. I then went to the Youngstown Police Department's Internal
Affairs Office where I filed a complaint against Officer Robin
Lees because he gave the audio tape recording to FBI SA Robert
Kroner, which put my life in danger. Internal Affairs Officer
Lewis refused to help me. However, FBI SA Robert Kroner returned
the audio tape recording to Officer Robin Lees who in turn
attempted to give it back to me. I refused to accept the audio
tape recording because of the break in the chain of custody of
evidence and because of the potential altering of evidence.
Officer Lenny Skelinski got the audio tape recording, along with
a copy of a receipt signed by Officer Robin Lees. Officer Lenny
Skelinski put the audio tape recording in the Mahoning County
Sheriff Department's evidence locker and logged it in as
evidence. FBI SA Robert Kroner wanted me neutralized.
18. I then contacted the Office of Professional Responsibility in
Washington, DC, and informed them of FBI SA Robert Kroner's
illegal actions, those being the obstruction of justice.
19. Based on my personal experience, the hereinabove written and
information given to me by Youngstown, Ohio Police Department's
SIU Officer Joe Krupa, who was a senior member of the SIU, who I
trusted that the Youngstown Police Department did not conduct
gambling raids or sports betting raids, I concluded that FBI SA
Robert Kroner and FBI SA Larry Lynch, through the Youngstown
Police Department, other sources and its special investigations
unit attempted to control my gambling raids so that I could only
arrest the opposition for who the FBI had allied with their ally
being Joey Naples. SIU officer Joe Krupa, in my opinion, was an
honest police officer who went "by the book" which compelled me
to help him.
20. I assert that FBI SA Robert Kroner telephone conversation
with my informant during which he informed by informant that I
was wearing a "wire" at the donut shop could have gotten me
killed. I further assert that FBI SA Robert Kroner abused his
Federal power to serve his personal interest. On or about March
21, 1988, close to midnight, I was shot at, at point blank range
by a person with a 12-gauge shotgun while I was in my unmarked
official vehicle. The shot barely missed me. The headrest
directly to the right of my head was severely damaged from the
shotgun blast. After this incident I was diagnosed as having
chronic stress disorder. I was not permitted to return to work.
One month later I was indicted for violation of Federal Rico
statutes. The person who shot at me with a 12-gauge shotgun was
never identified or found. I realized at this point that I was
"over my head" with no one to help me. I could not seek help from
the FBI because certain FBI agents could not be trusted. I do not
have total mistrust of the FBI. I only mistrust certain local FBI
special agents who I believe are under the control of organized
crime.
THE LOUNGE INCIDENT
21. During the 1980's a restaurant known as the Gatsby Lounge in
Austintown, Mahoning County, Ohio was frequented by a higher
class of drug dealers. A person who went to the Gatsby Lounge
fell under my narcotics surveillance. This person talked to Chief
Frank Carbon who in turn talked to me. Chief Frank Carbon
informed me that the person who I had under surveillance at the
Gatsby Lounge wanted to pay me 2,000 per month to "back off" his
establishment ( a Lebanese restaurant and known drug house in
Austintown Township which I closed down one week earlier). If
$2,000 was not enough I was to let him know. I suspected that the
person who I first saw at the Gatsby Lounge was dealing drugs
because of the amount of the attempted "payoff" and surveillance
of this person being seen with known drug dealers.
22. Having been informed of the attempted "pay off" I informed
Mahoning County, Ohio Sheriff Nemeth of the attempted "payoff"
who told me to give the information to the FBI. I had
reservations about giving the information to the FBI. After some
delay I gave the information about the attempted "payoff" to FBI
SA's Friedman and Plunkett. Both agents told me not to do
anything because they already had an FBI agent from the
Pittsburgh, Pennsylvania office working undercover at the
Lebanese drug house. I didn't believe what FBI SA's Friedman and
Plunkett told me because FBI agents do not tell other FBI agents
what operations they are working on. Therefore, the immediate
question in my mind was. Why would they tell me about a current
operation? I wanted away from these FBI agents without them
knowing I wanted away from them.
23. During the same conversation with FBI SA's Friedman and
Plunkett, Plunkett again lied to me when he told me that he did
not know an informant by the name of Bobby Armstrong I knew he
knew about Bobby Armstrong because of a conversation I had with
him five (5) years ago about Bobby Armstrong. I then asked myself
what am I doing with these people? Something is wrong here!
FBI CONTROLLED SIU
24. SIU Officer Joe Krupa secretly asked me to submit for
approval of a search warrant to be served on the Diamond Tavern
in Campbell, Mahoning County, Ohio which at the time was the
illegal numbers hub for the whole organization. I received
approval for the search warrant. I personally invited Special
Agent Don Harris of the Internal Revenue Service to accompany us
on this raid. I did this to Protect Officer Krupa and me from
future retaliation because this was a Joey Naples' stronghold.
25. I took Internal Revenue Agent Don Harris with me to the
Diamond Tavern along with approximately 15 officers from
Youngstown Police Department's SIU and Mahoning County Sheriff's
Department, Lowendowsky who used a camera to film the serving of
the search warrant and any arrests. FBI SA Robert Kroner later
told me that the only reason I "hit" the place was to increase my
monthly "package." Robert Kroner should have known better than to
make an allegation like that because if I was going to put
pressure on a place like the Diamond Tavern why would I bring an
IRS agent with me? How could I possibly fix something where the
IRS was included? Indirectly, I found that FBI SA Robert Kroner
knew this was a Joey Naples operation and was upset with me for
raiding the Diamond Tavern.
26. Youngstown Police Department Officer Joe Krupa, a member of
the SIU informed me that SIU was working with FBI SA Robert
Kroner and FBI SA Larry Lynch. SIU officer gave me the illegal
gambling targets to raid. It was quite apparent that the targets
I was given by SIU to raid where limited to people and
establishments involved in illegal numbers gaming and small
football pools. The SIU did not raid illegal sport betting
operations nor did they ask for my assistance in raiding large
illegal sport betting operations. The main target of the
Youngstown Police Department SIU and FBI was the illegal numbers
operation of Michael "Syrak" Serrecchio, a one time Joey Naples
rival. I continued to arrest people for sports betting. What
appeared strange was the Youngstown Police Department's SIU would
be involved in every raid except the raids conducted in their own
city. FBI SA Robert Kroner controlled and suppressed information,
manipulated both the SIU and me to conduct only certain gambling
arrest raids, none of which were directed at Joey Naples' illegal
gambling enterprise. At the time it was common knowledge that
Lenny Strollo and Joey Naples were growing apart because Lenny
Strollo was against narcotics while Joey Naples was involved in
narcotics. It should also be noted that at this time Randall
Wellington was also chief of police of Youngtown, Ohio, and a
personal friend of FBI SA Robert Kroner.
INDICTED & CONVICTED
27. I was indicted and convicted for taking a bribe from Lenny
Strollo. I never took a bribe from Lenny Strollo or anyone else.
This fact was revealed during a subsequent and related plea
bargain hearing in which Lenny Strollo under oath testified that
he never paid me a bribe. I also learned after my conviction that
my attorney Stewart Mandel was associated with Lenny Strollo. My
attorney, Stewart Mandel, might have acted for the benefit of
others to help them so that I could not timely reveal the
hereinabove written, the truth. Stewart Mandel was later indicted
and convicted of income tax violations in connection with Lenny
Strollo. I still believe Stewart Mandel is a good attorney who I
consider a friend.
28. James A. Traficant, Jr., and I were never political allies.
However, I have always respected him, therefore, I give my
permission to him to use this affidavit in any way that he deems
appropriate.
Published in the Dec. 18, 2000 issue of The Washington Weekly
(http://washington-weekly.com) Copyright 2000
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