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Department of Justice Press Release
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For Immediate Release
April 7, 2009
United States Attorney's Office
Southern District of New York
Contact: (212) 637-2600

Carting Company Operator Pleads Guilty to Bribing Mount Vernon Official

LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, and JOSEPH M. DEMAREST JR., the assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation, announced that ALBERT TRANQUILLO III pleaded guilty today in White Plains federal court to conspiracy to defraud the City of Mount Vernon and to delivering a bribe to the Supervisor of the Mount Vernon Department of Public Works to allow a carting company he operated to overbill the City for removing waste from City property. TRANQUILLO acknowledged that his conduct caused up to $1 million in losses to the City and agreed to make restitution in that amount.

According to Counts One and Three of the Superseding Indictment, the Counts to which TRANQUILLO pleaded guilty, the City of Mount Vernon collected debris from businesses and residences and temporarily stored that debris at a waste yard in Mount Vernon, New York (the “yard”). The debris included trees, branches and stumps as well as concrete and other construction debris. Mount Vernon contracted with private carting companies to remove the debris from the yard and dispose of it appropriately. In November 2001 A & D Carting, a business run by TRANQUILLO and a late relative of his, was awarded a contract by the City of Mount Vernon to collect and dispose of debris from the yard at a price of $397 per 30-cubicyard container. To receive payment, A & D Carting was required to submit invoices to Mount Vernon identifying how many 30-cubic-yard containers were removed from the yard on particular dates, together with a pre-printed receipt form (commonly referred to as a “ticket”) that was supposed to be signed by a City employee at the yard each time a container was carted away.

However, from in or about 2002 until in or about March 2006, TRANQUILLO participated in a scheme to defraud the City by submitting tickets and invoices claiming that far more waste had been removed from the yard than was actually the case. TRANQUILLO and his relative were able to make the scheme work by bribing James Castaldo, the Supervisor of the Mount Vernon Department of Public Works. (Castaldo pleaded guilty in July 2008 to conspiracy to commit mail fraud and accepting bribes from TRANQUILLO and his relative, and was sentenced on October 23, 2008, to five years’ imprisonment.) At the time of his plea, TRANQUILLO specifically admitted to delivering bribes to a Mount Vernon official and to engaging in the overbilling scheme.

TRANQUILLO appeared today before United States Magistrate Judge GEORGE A. YANTHIS to enter his plea of guilty to Counts One and Three of the Superseding Indictment, charging conspiracy to defraud the City of Mount Vernon, and bribery of a public official. He faces a maximum sentence of 20 years’ imprisonment on the conspiracy charge and 10 years’ on the bribery charge, plus maximum fines on each count of $250,000 or twice the gross gain or gross loss on each count, as well as forfeiture of the proceeds of his offenses.

Mr. DASSIN praised the investigative work of the FBI.

Assistant United States Attorneys ARLO DEVLIN-BROWN and NICHOLAS MCQUAID are in charge of the prosecution.