Question. Did you accept $2,500 in connection with the inspection of the M/V Virgo on or about February 8th of 1974? Answer. I did not accept any money from anybody. Now, I will tell you the story of the Virgo, if you want me to? * * * * * Question. Captain, did you accept $500 in connection with the inspection of the M/V Sam John Governor on or about June of 1973, June 1 of 1973? Answer. The Sam John Governor, no, sir, I didn't accept any money from any Sam John Governor. Question. Did you accept any money and give a portion of that money away in connection with your inspection of the Krios in May of 1973? Answer. The Krios, I don't recall that ship, if I was on it-I don't recall no Krios. Question. I am letting you know you were on it now. Did you Answer. No, I did not. Question. Excuse me, I am sorry, that is a mistake. Did you ever split any money with any other inspector? Answer. With an inspector? Question. Any other inspector. Do you know what an inspector is, a grain inspector, a ship inspector? Answer. No, I have never split any money with anybody. I had no money, I accepted no money to split with nobody. Question. Did you accept $1,500 in connection with your inspection of the Shin Ming? Answer. No, sir, I did not. By Mr. GALLINGHOUSE: Did you go aboard the Shin Ming? WITNESS. I don't recall the Shin Ming. No, I don't recall the Shin Ming. All in violation of Title 18, United States Code, Section 1623. Foreman. GERALD J. GALLING HOUSE, AUGUST 8, 1974. United States District Court-Eastern District of Louisiana [Criminal Action No. 74-382, Section C, Violation: 18 U.S.C. 201 (g) and 2] UNITED STATES OF AMERICA V. VINCENT MARCONI INDICTMENT FOR PUBLIC BRIBERY The Grand Jury Charges: COUNT 1 A. At all times herein, the defendant Vincent Marconi was employed by the New Orleans Board of Trade, Ltd., a Louisiana corporation, and he was licensed by the United States Department of Agriculture, herein called the "U.S.D.A.", as an official inspector under the United States Grain Standards Act, herein called the "Act", (7 U.S. Code 71, 74-79, 84-87(h)) and regulations thereunder, herein called the "regulations", (7 CFR 26.1-26.129), and he was thereby authorized to perform official inspections and functions, including the inspection of vessels for the stowage of grain, for and on behalf of the U.S.D.A. under the Act and the regulations. B. At all times herein, the New Orleans Board of Trade, Ltd. was designated by the U.S.D.A. as an official inspection agency and authorized to perform official inspections and functions, including the inspection and certification of vessels for the receipt and stowage of grain, for and on behalf of the U.S.D.A. under the Act and the regulations. C. At all times herein, the defendant Vincent Marconi, as an official inspector for the New Orleans Board of Trade, Ltd., was a public official, as defined in 18 U.S. Code 201 (a), acting for and on behalf of the United States, through the U.S.D.A., a department and agency of the United States, in the performance of his official inspections and functions, including the inspection and certification of vessels for the receipt and stowage of grain. D. On or about July 28, 1972, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection_agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept and receive for himself something of value, approximately $1,000, from Clemens Zane, Lawrence C. Lashley, and Agmarine Contracting Company, Inc., for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Mount Washington for the receipt and stowage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and the regulations, all in violation of Title 18, United States Code, Section 201(g). COUNT 2 A. All allegations in paragraph A of Count 1 are incorporated herein by reference as if set forth at length. B. All allegations in paragraph B of Count 1 are incorporated herein by reference as if set forth at length. C. All allegations in paragraph C of Count 1 are incorporated herein by reference as if set forth at length. D. On or about January 2, 1974, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept and receive for himself something of value, approximately $150, from Julius S. Calcagno, Jr. and Gulf Coast Shipping Corporation, for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Aqua Bell for the receipt and stowage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and the regulations, all in violation of Title 18, United States Code, Section 201 (g). COUNT 3 A. All allegations in paragraph A of Count 1 are incorporated herein by reference as if set forth at length. B. All allegations in paragraph B of Count 1 are incorporated herein by reference as if set forth at length. C. All allegations in paragraph C of Count 1 are incorporated herein by reference as if set forth at length. D. On or about January 25, 1974, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand. exact, solicit, seek, agree to accept, accept and receive for himself something of value, approximately $400, from Paul Brown and Hansen & Tidemann, Inc. for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Virginia for the receipt and stowage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and regulations, all in violation of Title 18, United States Code, Section 201 (g) and Section 2. COUNT 4 A. All allegations in paragraph A of Count 1 are incorporated herein by reference as if set forth at length. B. All allegations in paragraph B of Count 1 are incorporated herein by reference as if set forth at length. C. All allegations in paragraph C of Count 1 are incorporated herein by reference as if set forth at length. D. On or about January 30, 1975, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept, and receive for himself something of value, approximately $1,000 from Captain Donald Ewen and Ogden Marine, Inc., for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Ogden Wabash for the receipt and stowage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and the regulations, all in violation of Title 19, United States Code, Section 201 (g) and Section 2. Count 5 A. All allegations in paragraph A of Count 1 are incorporated herein by reference as if set forth at length. B. All allegations in paragraph B of Count 1 are incorporated here by reference as if set forth at length. C. All allegations in paragraph C of Count 1 are incorporated herein by reference as if set forth at length. D. On or about January 31, 1974, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully, and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept, and receive for himself something of value, approximately $1,000, from Paul Brown and Hansen & Tidemann, Inc., for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Causaring for the receipt and stowage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and the regulations, all in violation of Title 18, United States Code, Section 201 (g) and Section 2. COUNT 6 A. All allegations in paragraph A of Count 1 are incorporated herein by reference as if set forth at length. B. All allegations in paragraph B of Count 1 are incorporated herein by reference as if set forth at length. C. All allegations in paragraph C of Count 1 are incorporated herein by reference as if set forth at length. D. On or about January 31, 1974, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept and receive for himself something of value, approximately $1,000, from Captain Donald Ewen and Ogden Marine, Inc., for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Penn Challenger for the receipt and stowage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and the regulations, all in violation of Title 18, United States Code, Section 201 (g) and Section 2. COUNT 7 A. All allegations in paragraph A of Count 1 are incorporated herein by refference as if set forth at length. B. All allegations in paragraph B of Count 1 are incorporated herein by reference as if set forth at length. C. All allegations in paragraph C of Count 1 are incorporated herein by reference as if set forth at length. D. On or about February 6, 1974, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept and receive for himself something of value, approximately $600, from Captain Victor Diaz and Maritime Overseas Corporation, for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Overseas Vivian for the receipt and stowage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and the regulations, all in violation of Title 18, United States Code, Section 201(g) and Section 2. COUNT 8 A. All allegations in paragraph A of Count 1 are incorporated herein by reference as if set forth at length. B. All allegations in paragraph B of Count 1 are incorporated herein by reference as if set forth at length. C. All allegations in paragraph C of Count 1 are incorporated herein by reference as if set forth at length. D. On or about February 11, 1974, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept and receive for himself something of value, approximately $3,500 from Captain Victor Diaz, Maritime Overseas Corporation, Harold J. Pecunia and Peterson Maritime Services, Inc., for, because of, and in relation to the performance of his official inspection duties pertaining to the inspection and certification of the motor vessel named the Overseas Anchorage for the receipt and storage of grain, which inspection and certification were official acts that were performed or to be performed in compliance with the Act and the regulations, all in violation of Title 18, United States Code, Section 201(g) and Section 2. COUNTS 9 THROUGH 63 A. All allegations in paragraph A of Count 1 are incorporated in each of the 55 counts numbered Count 9 through Count 63 by reference as if set forth at length in each count. B. All allegations in paragraph B of Count 1 are incorporated in each of the 55 counts numbered Count 9 through Count 63 by reference as if set forth at length in each count. C. All allegations in paragraph C of Count 1 are incorporated in each of the 55 counts numbered Count 9 through Count 63 by reference as if set forth at length in each count. D. All of the following allegations are incorporated in each of the 55 counts numbered Count 9 through Count 63 by reference as if set forth at length in each count. From September 1969 and continuing for the next 55 months to on or about March 30, 1974, in the Eastern District of Louisiana, the defendant Vincent Marconi, while acting as a public official as an official inspector for the New Orleans Board of Trade, Ltd., an official inspection agency, otherwise than as provided by law for the proper discharge of his official inspection duties, knowingly, willfully and unlawfully did, directly and indirectly, ask, demand, exact, solicit, seek, agree to accept, accept and receive for himself something of value, a payment of approximately $100, on or about the tenth day of each month for each of the 55 consecutive months from September 1969 through March 1974, from Dean Leslie Peterson, Harold J. Pecunia and/or Peterson Maritime Services, Inc., for, because of, and in relation to the performance of his official inspection duties pertaining to the inspections and certifications of motor vessels for the receipt and stowage of grain, which inspections and certifications were official acts that were performed or to be performed in compliance with the Act and the regulations. Each of the 55 consecutive monthly payments received by defendant Vincent Marconi from September 1969 through March 1974 is a separate offense, and each of the 55 monthly payments of approximately $100 is alleged to be a separate violation charged in 55 separate counts numbered Count 9, for the September 1969 payment, through Count 63, for the March 1974 payment, as follows: |