From my good friend Jeff Ruhu from the Houston Chronicle - an Update! Not guilty they say - nanny nanny moo moo! Now the fun begins and we see if these "esteemed union officers" ever go to trial and how long justice takes? Could it be ten years and justice ain't done as in the Smoot Debacle? We shall see - the part I liked is that all DLC are considered witnesses? Ah . . ., what exactly does that mean - IMWTK?  I'm familiar with the fact that 4 gave testimony in exchange for immunity and I'm familiar with the fact that Clint "Monty Hall" Miller filed a specious action to stop the DOJ from quesioning various DLC's, but is it possible that some may now be questioned and prosecuted as a result of  their answers?  Gosh, if they didn't cooperate with the investigation, I hope so!

Sept. 15, 2003, 11:43PM

Rail union officials plead not guilty

Suspects accused of bribery plot
By HARVEY RICE
Copyright 2003 Houston Chronicle

The current and former presidents of the nation's largest railroad operating union pleaded not guilty Monday in a federal court in Houston to accusations that they sought bribes from attorneys in return for access to union workers injured on the job.

Byron Alfred Boyd Jr., 57, of Seattle, Wash., international president of the United Transportation Union, and retired President Charles Leonard Little, 69, of Leander, were released on $100,000 bond after pleading before federal Magistrate Judge Marcia Crone.

John Russell Rookard, 57, of Olalla, Wash., Boyd's assistant, also was
released after pleading not guilty and posting a $100,000 bond. Ralph John Dennis, 51, of Boone, Iowa, former union director of insurance, is scheduled to appear before Crone today at 2 p.m.

The four were indicted last week by a federal grand jury on charges of
racketeering conspiracy, mail fraud, wire fraud and commercial bribery in
connection with an alleged scheme to solicit bribes from attorneys who
sought special access to union members.

The indictments follow a five-year investigation that began in Houston.

If convicted, they face up to 20 years in prison and a $250,000 fine on each racketeering charge and 10 years and a $250,000 fine for each of mail fraud charge.

Prosecutors also are seeking the seizure of at least $477,100 in cash
proceeds from the alleged scheme. If the money has been disposed of,
prosecutors intend to seize personal property of equal value, according to
the indictment.

"We cannot and will not tolerate union officials who abuse their positions
of trust for personal gain," U.S. Attorney Michael Shelby said.

The union, with headquarters in Cleveland, Ohio, has about 125,000 members nationwide in the railroad, bus, mass transit and airline industries.

In a statement issued by the union, Boyd said, "I have every intention to
pursue this matter to a final and full conclusion that completely exonerates me."

Boyd's attorney, Robert Sussman, said his client would continue as president while fighting the charges.

David Gerger, attorney for Little, and Cary Feldman, attorney for Rookard,
also said their clients would be vindicated.

All three surrendered voluntarily early Monday at the FBI office in Houston.

The indictment alleges that as president, Boyd and Little had the authority to determine the attorneys included on the union's designated legal counsel list, an allegedly coveted designation because it gave attorneys easier access to injured union members in potentially lucrative damage suits.

The 1908 Federal Employers Liability Act allows unlimited damages for
railroad workers because their jobs are so hazardous.

Although any lawyer can represent an injured railroad worker, those on the designated legal counsel list were given union membership, which means access to otherwise closed union meetings, and the imprimatur of the union.

The indictment alleges that the four union officials met secretly with
attorneys to solicit and receive bribes for inclusion on the designated
legal counsel list and for remaining on the list. Boyd and Little also
allegedly solicited thousands of dollars in cash for their union
presidential campaigns.

Of the 56 designated legal counsels listed on the union's Web site, six are in Texas and five are in the Houston area. Texas has more than any other state except Illinois, which has seven.

Assistant U.S. Attorney Edward Gallagher said that the FBI began the
investigation in Houston in 1999, but the designated legal counsel list has changed constantly during the investigation.

He told Crone that all attorneys on the designated legal counsel list were
potential witnesses.