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ATTACHMENT INCORPORATED IN THE INSTANT SUBPOENA DATED AUGUST 6, 1970,

ISSUED BY THE HONORABLE HARLEY 0. STAGGERS, CHAIRMAN OF THE HOUSE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE AND OF ITS SPECIAL SUBCOMMITTEE ON INVESTIGATIONS TO CARROLL F. GENOVESE, EXECUTIVE SECRETARY, MOVERS' & WAREHOUSEMEN'S ASSOCIATION OF AMERICA, INC.

All materials described hereinbelow, dated or prepared from January 1, 1966, to the date of this subpoena.

1. All original financial records of any description, including, but not limited to the following: books, records, ledgers, receipts, journals (including special and subsidiary journals), bank statements, disbursement receipts, statements of accounts receivable and payable, payroll records, agreements or commitments to reimburse, all supporting vouchers and memoranda, all cancelled checks together with original check books, audit reports (whether internal or external).

2. Copies of all Federal and local tax returns, including informational returns. 3. Copies of annual and other reports to members.

4. Reports filed with or submitted to any State (including the District of Columbia) or Federal authority.

5. Copies of the certificate of incorporation, by-laws, minutes and or other records of meetings, executive, directors' or other, and all other records pertain. ing to the organization and/or corporate structure of the Association.

6. All other records, memoranda, or other written printed material, relating to annual and/or other conventions, conferences, or meetings, or seminars of the Association, together with the names of guests and guest speakers, and honorariums or other gratuities extended.

Mr. FRIEDEL. You may be seated there, Mr. Genovese.
Mr. GENOVESE. Thank you, Your Honor.

This is Mr. Fred Mandell of the general counsel's office of our association.

Mr. FRIEDEL. Mr. Genovese appeared before this subcommittee previously, on January 7, 1970. Mr. Genovese was provided with a copy of the Rules of the House at that time; I also directed the staff to provide Mr. Genovese with an additional copy so that he may have it available to him at this hearing.

At the time of Mr. Genovese's previous appearance before this subcommittee, presiding Chairman Van Deerlin delivered a comprehensive statement as to the investigatory authority of this subcommittee and the legislative purposes behind the present study relating to the ICC. I will not repeat this statement today as it is already contained in the record of these proceedings.

Our specific business today will be to receive the materials specified in the subpena served on Mr. Genovese on August 6, 1970, and to cover one additional matter relating to material which has already been provided to the subcommittee.

I will now call upon Mr. Genovese to rise and be sworn.
Raise your right hand.
Mr. Genovese, repeat your name.
Mr. GENOVESE. Carroll F. Genovese.

Mr. FRIEDEL. Do you solemnly swear or affirm that the testimony you are about to give before this subcommittee is the truth, the whole truth and nothing but the truth, so help you God?

Mr. GENOVESE. I do, sir.
Mr. FRIEDEL. Mr. Genovese, you may be seated.

TESTIMONY OF CARROLL F. GENOVESE, EXECUTIVE SECRETARY,

THE MOVERS & WAREHOUSEMEN'S ASSOCIATION OF AMERICA, INC.; ACCOMPANIED BY FRED MANDELL, COUNSEL

Mr. FRIEDEL. Is it correct that you are executive secretary of the Movers' & Warehousemen's Association of America, Inc.?

Mr. GENOVESE. Yes, sir.

Mr. FRIEDEL. And were you served with a subpena dated August 6, 1970, a copy of which has already been inserted into the record and which I now hand to you?

Mr. GENOVESE. Yes, sir.

Mr. FRIEDEL. Have you brought with you all the papers and documents specified in this subpena?

Mr. GENOVESE. Yes, sir.

Mr. FRIEDEL. Will you kindly deliver these papers and documents to the subcommittee?

Mr. GENOVESE. Yes, sir.
Mr. MANDELL. They are contained in five boxes.
Mr. GENOVESE. Five cartons.

Mr. FRIEDEL. Are you the official in charge of the files and records of the Movers' & Warehousemen's Association of America, Inc.?

Mr. GENOVESE. Yes, sir.

Mr. FRIEDEL. And do these papers and documents which you have now delivered to the subcommittee comprise all of the papers, records, and materials called for in the subpena!

Mr. GENOVESE. With one exception, Mr. Chairman. I could not locate the canceled checks for the years 1966 and 1967. However, I do have disbursement sheets and the check vouchers which would be better known as stubs.

Mr. Moss. Mr. Chairman-
Mr. FRIEDEL. Mr. Moss.

Mr. Moss. Mr. Genovese, have you checked back to determine whether or not they maintain microfilms of those checks?

Mr. GENOVESE. I did not.
Mr. Moss. Do you believe they do!
Mr. GENOVESE. I am sure that they do.

Mr. Moss. Mr. Chairman, I would suggest that they check with the bank and obtain microfilm copies of the checks and supply them to the committee.

Mr. GENOVESE. Very fine, sir.

Mr. FRIEDEL. True and correct copies of the papers and documents, now received will, without objection, be placed in the record at this point and be treated the same as originals.

(The material referred to was placed in the subcommittee files. A listing of the documents follows:)

AUGUST 13, 1970. Received from Mr. Carroll F. Genovese, Executive Secretary of the Movers' and Warehousemen's Association of America, Inc., this date, in response to a

51-728 0—71_pt. 1-26

subpoena of the Special Subcommittee on Investigations, House Committee on Interstate and Foreign Commerce, the following items, which, at a later date, will be returned to Mr. Genovese :

1. Sales, cash receipts and cash disbursements ledgers, for the years 1966, 1967, 1968 and 1969.

2. Check vouchers for years 1966, 1967, 1968 and 1969. 3. Petty cash, cancelled checks and check stubs for the years 1966, 1967, 1968 and 1969.

4. Cancelled checks for 1968 and 1969. 5. Association files regarding annual conventions held in 1966, 1967, 1968, 1969 and 1970, including all correspondence, billing, registrations, invitations, etc., pertaining to each of these conventions.

6. Convention brochures regarding board meetings, including minutes of such board meetings for the years 1966, 1967, 1968, 1969 and 1970.

7. Agenda for rates and tariffs committee meetings for the years 1966, 1968, and 1969.

8. Association trade publication entitled "The Pick-Up" for the period January, 1966 through July, 1970 (published monthly). 9. By-laws of the Movers' and Warehousemen's Association of America, Inc. 10. Check vouchers for the period January, 1970 through July, 1970.

11. Certificate of Incorporation of the Independent Movers' and Warehousemen's Association, Inc.

12. Association annual reports to the IOC (annual report form RBO) for the years 1965 through 1969.

13. Copies of Association tax returns to Internal Revenue Service (form IRS 990) for the years 1965, 1966, and 1967.

14. Personal property tax return forms issued to the District of Columbia for the years 1967, 1968, 1969 and 1970.

15. Sales record, cash receipts, cash disbursements and check voucher stubs for the period August 1-6, 1970.

16. Petty cash, cancelled checks for the period January 1970 through July 1970, and check stubs for the period November 1969 through July 1970.

17. General ledger and journal regarding individual payroll records for the quarterly periods 1-1-66 through 6_30–70.

18. Employees' quarterly Federal tax returns for the quarterly periods 1-1-66 through 6–30–70; personal property tax returns for the years 1967 through 1971; return of organization exempt from income tax for the years 1966, 1967, and 1968.

19. General ledger control account for the period December 1964 through the current date, 1970.

20. Ledger containing sales, cash receipts and cash disbursement sheets for the period January 1969 through July 1970.

CARROLL F. GENOVESE,

ROBERT L. REBEIN, Staff Attorney, Special Subcommittee on Investigations, House Interstate and Foreign Commerce Committee.

MICHAEL F. BARRETT, Staff Attorney, Special Subcommittee on Investigations, House Interstate

and Foreign Commerce Committee. Mr. FRIEDEL. Such papers and documents, after they have served the purposes of this investigation and study, will be returned to the association.

There is one additional matter to take up at this hearing. This relates to a document submitted to the subcommittee by Mr. Neil Garson which purports to be a statement from the executive secretary of the Movers and Warehousemen's Association, that is Mr. Genovese. It is dated June 22, 1970, and addressed "To Whom It May Concern."

I will now ask that Mr. Genovese be handed a copy of this document.
Mr. MANELLI. Do you have a copy?
Mr. GENOVESE. I have a copy.
Mr. FRIEDEL. Counsel may proceed.

Mr. MANELLI. Mr. Genovese, did you actually prepare this statement dated June 22, 1970?

Mr. GENOVESE. Yes, sir.

Mr. MANELLI. Was it prepared for transmittal to this subcommittee, was that your purpose in preparing it!

Mr. GENOVESE. It would have been; yes.
Mr. MANELLI. It was, you say?
Mr. GENOVESE. Yes.

Mr. MANELLI. For the record, I am referring to a two-page statement that was submitted by Mr. Garson as part of his comprehensive statement to the subcommittee. It is dated June 22, 1970. And it is addressed "To Whom It May Concern,” and relates to certain matters involving Mr. Garson and the association.

What were the circumstances under which you prepared this statement, Mr. Genovese? Was this done at the request of Mr. Garson?

Mr. GENOVESE. It was done at the request of our general counsel, Mr. Herbert Burstein.

Mr. MANELLI. Mr. Burstein? Mr. GENOVESE. Yes, sir. Mr. MANELLI. And was that request made the same day as the date of this statement, June 22!

Mr. GENOVESE. Yes, sir.

Mr. MANELLI. As far as you know—maybe you would like to take a second to look at it again—is this a correct statement of the facts as far as you are concerned, or do you see anything in there now that you might want to clarify or correct?

Mr. GENOVESE. No, sir; I think it is correct.

Mr. MANELLI. I have just two or three questions to ask you about this statement. You say in the statement that it was the practice to pay for travel and hotel expenses for guest speakers at your convention.

Mr. GENOVESE. Yes, sir.
Mr. MANELLI. That was the practice?
Mr. GENOVESE. Yes, sir.

Mr. MANELLI. And you also state that on this occasion that you are talking about here, Mrs. Garson was a guest speaker, but that nevertheless since Mr. Garson did not wish to have the association pick up her travel expenses, you accommodated him in that regard and did not pick them up?

Mr. GENOVESE. Yes, sir.

Mr. MANELLI. Since you departed from your standard practice with respect to Mrs. Garson, when Mr. Garson requested that you not pay her travel expenses, and you acceded to his wishes in that regard, why was it, according to this statement, at least, that you would not accommodate his wishes when he expressed himself to you that he wished to pay his own hotel bills!

Mr. MANDELL. Counsel, are you asking to clarify what is in the document?

Mr. MANELLI. I am asking to clarify part of this statement which he has already indicated he prepared at the request of Mr. Burstein.

The statement-let me rephrase the question a little more clearlythe statement asserts that there was a practice of reimbursing guest speakers, and that this practice was departed from in the instance of Mrs. Garson who was a guest speaker, but nevertheless was allowed to assume her own travel expenses. But the statement goes on to say that Mr. Garson was not accommodated when he requested that he pay his own hotel bill. And to clarify that portion of the statement, I asked him why it was that the practice of reimbursing the guest speakers was departed from with Mrs. Garson's hotel bill, but that the association would not take Mr. Garson's check for his hotel room.

I hope that is clear enough for you.
Mr. MANDELL. I think the statement says that it eventually-

Mr. Moss (now presiding). The counsel has received a copy of the rules of the committee and the rules of the House. If counsel would refer to those rules and the rules of the House he will find that he is here to assist Mr. Genovese in responding to any matter where his direct constitutional rights are involved and not for clarifying anything else.

Mr. MANELLI. Do you understand the question?
Mr. GENOVESE. I am not too sure that I do.
Mr. Moss. Will you restate the question.
Mr. MANELLI. It was a little long.

The association has a practice, you state here, of reimbursing travel and hotel expenses for guest speakers. Mrs. Garson was a guest speaker. At Mr. Garson's request you did not pay for her travel expenses. Mr. Garson was also a guest speaker. He also requested that you not reimburse him for his hotel expenses. But according to this statement you resisted that request and you did not want to take his money. I am asking, since you violated your practice of reimbursement when he requested you not to pay his wife's expenses, why were you so hesitant to allow him to have his own way with respect to his hotel bill?

Mr. GENOVESE. Simply, I think, because we had not accepted pay. ment from other speakers over the years, and we assumed that that would create a problem of going back and trying to collect from the previous speakers we used at other times.

Mr. MANELLI. I am referring now to two things which happened right at the same time at this one convention. Mr. Moss. Let us get a clarification. Dr. Helen Garson was the speaker? Mr. GENOVESE. Yes, sir. Mr. Moss. Was she paid an honorarium or a fee? Mr. GENOVESE. No, sir. Mr. Moss. She was a totally voluntary speaker?

Mr. GENOVESE. Yes. We invited her to speak. We invited her to appear before our group at this particular luncheon. And Mr. Garson volunteered her services.

Mr. Moss. What is her area of competence?
Mr. GENOVESE. I think she is very, very good.

Mr. Moss. I have no question but what she is very, very good, but in what field ?

Mr. GENOVESE. She was the toastmaster for that luncheon that we had on that date.

Mr. Moss. Dr. Helen Garson, is she an M.D., a Ph. D., an 0.D.-I could go on a doctor jurist! What is the nature of her background!

Mr. GENOVESE. I think she is a professor of English at a local-
Mr. Moss. Probably a doctor of education, then?
Mr. GENOVESE. Yes.
Mr. Moss. Professor of English?
Mr. GENOVESE. Yes.

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