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Department of Justice Press Release
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For Immediate Release
April 3, 2009
United States Attorney's Office
Southern District of New York
Contact: (212) 637-2600

City Street-Lighting Contractor Indicted for Paying Off IBEW Business Representative

LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, JOSEPH M. DEMAREST JR., the Assistant Director-in-Charge of the Federal Bureau of Investigation's New York Field Division ("FBI"), ROSE GILL HEARN, the Commissioner of the New York City Department of Investigation, and DANIEL R. PETROLE, the Acting Inspector General of the United States Department of Labor ("DOL-OIG"), announced today an indictment charging SANTO PETROCELLI, SR., the principal of Petrocelli Electric Company, with federal labor law violations for providing unlawful payments and benefits to an International Brotherhood of Electrical Workers ("IBEW") Local 3 Business Representative. PETROCELLI surrendered to federal authorities on the charges this morning. PETROCELLI is expected to be presented today before United States District Judge MIRIAM GOLDMAN CEDARBAUM in Manhattan federal court at noon.

As alleged in the two-count indictment unsealed yesterday in Manhattan federal court:

From approximately 1993 through 2006, PETROCELLI owned and operated Queens-based Petrocelli Electric Company. Petrocelli Electric employed members of IBEW Local 3 and installed and maintained street lights and traffic signals in New York City under lucrative contracts with the City. Commencing in the mid-1990s through 2006, PETROCELLI made repeated cash payments to a business representative of Local 3. PETROCELLI also arranged for a new Ford Crown Victoria leased by Petrocelli Electric to be given to the business representative for the representative’s use in February and March 2004.

PETROCELLI, 74, of Clark, New Jersey, is charged with one count of conspiracy to make unlawful payments to a labor representative, and one count of making unlawful payments and providing unlawful benefits to a representative of his employees. Each charge carries a maximum sentence of five years in prison.

Mr. DASSIN praised the investigative work of the FBI, DOI, and DOL-OIG. Mr. DASSIN added that the investigation is continuing.

Assistant United States Attorneys LISA ZORNBERG and BRENT WIBLE are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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