Full opinion text
MEMORANDUM AND ORDER GLASSER, Senior District Judge. In this civil Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”) action, the defendants identified in the margin have moved to dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”) for failure to state a claim on which relief can be granted. The ILA also moves, pursuant to Federal Rule of Civil Procedure 12(f) (“Rule 12(f)”), to strike certain allegedly immaterial historical allegations from the Amended Complaint, a motion in which some other defendants join. The defendants raise a number of challenges to the sufficiency of the Amended Complaint, arguing primarily that the Government has failed to adequately plead the necessary elements of a civil RICO conspiracy in several ways, including failure to allege a cognizable association-in-fact RICO enterprise and failure to adequately allege the predicate acts of extortion, mail fraud, and wire fraud. For the reasons stated below, the ILA’s motion to dismiss the Amended Complaint pursuant to Rule 12(b)(6) is granted. All other pending motions are denied as moot. BACKGROUND I. Allegations in the Amended Complaint This action is the latest episode in a decades-long effort by the United States to curtail the influence of the La Cosa Nostra organized crime families over the vehicles of interstate commerce operating along the waterfront areas in the Port of New York and New Jersey and the Port of Miami. The Government’s prolix, 85-page Amended Complaint, with its hundreds of pages of attached exhibits, alleges in essence that from 1995 onward, the Genovese and Gam-bino crime families conspired with their associates occupying high-ranking positions in legitimate Waterfront operations, particularly the ILA and several associated labor organizations, to extend and maintain the influence of organized crime through a pattern of racketeering activity including extortion, money laundering, and mail and wire fraud. The Amended Complaint is burdened with lengthy discussions of the history and operations of La Cosa Nostra generally, as well as discussions of Government investigations and prosecutions of organized crime activity on the Waterfront going back several decades. While the Government argues that all of this historical material is necessary to place the allegations regarding the charged conspiracies in their proper context, the Court shall ignore much of this material and focus its discussion of the relevant facts on the allegations comprising the charged offenses as well as the relatively recent related civil and criminal litigation that directly preceded this action. A. The Defendants The Amended Complaint separates the numerous defendants into three classifications: the Nominal Defendants, who are not charged with wrongdoing but are named as defendants, presumably pursuant to Federal Rule of Civil Procedure 19(a) (“Rule 19”), “for purposes of effecting the full relief sought in this action,” Gov. Mem. at 4, the ILA Officer Defendants, and the La Cosa Nostra (“LCN”) Defendants. The ILA Officer Defendants and the LCN Defendants, who are alleged to have conspired together to conduct the pattern of racketeering activity set forth in the Amended Complaint, are sometimes referred to collectively as the “Racketeering Defendants.” Before proceeding to recount the factual allegations underlying the Government’s claims, it shall be useful to provide an overview of the numerous defendants identified in this action. 1. The Nominal Defendants The International Longshoremen’s Association is a labor union that represents approximately 59,000 longshoremen and other laborers working in ports around the United States. Am. Compl. ¶ 15. The ILA is divided into two regions, the Atlantic Coast District and the South Atlantic & Gulf Coast District, each of which is comprised of an unspecified number of local unions. Id. Each ILA local and district organization is governed by a group of officers, and the entire organization is governed by the ILA Executive Council, which is comprised of the President, Secretary-Treasurer, Executive Vice-President, General Vice-President, General Organizer, Assistant General Organizer, and twenty-six Vice-Presidents. Id. ¶¶ 15-16. Executive Council Members are elected at the ILA’s Conventions, which occur every four years; if a vacancy occurs on the Executive Council during a non-Convention year, the remaining Executive Council members elect an individual to occupy the vacant position until the next Convention, either from the general ILA member population, if the vacant position is not the Presidency, or from the remaining Executive Council members, if the President is being replaced. Id. ¶¶ 95-96. The duties of these positions are generally self-evident, so the Court shall not dwell on their descriptions except to note that the Executive Vice President “shall act on behalf of the President whenever the International President shall be ill, absent, incapacitated, or unable to serve,” and that the General Organizer, Assistant General Organizer, and the Vice-Presidents “shall ... assist [the International President] during the session of the Convention and in other such manner and form as the International President may ... request or direct....” Am. Compl. ¶ 16 (quoting ILA Constitution Article IX, §§ 2, 4). The Executive Council possesses the ultimate authority to impose disciplinary measures, ranging from fines to the suspension or cancellation of individual membership or an organizational charter, upon all ILA members and subordinate labor organizations. Id. ¶ 16 (citing ILA Constitution Art. XVIII). The top six Executive Council officers— i.e., the President, Secretary-Treasurer, Executive Vice President, General Vice President, General Organizer, and Assistant General Organizer — are well-compensated: in 2004, the annual salaries associated with those positions ranged from $257,120 for the General Vice-President to $413,556 for the President. Am. Compl. ¶ 17. In addition, Executive Council members typically hold office at the local or district level and receive a salary associated with that office as well. Id. The Management-International Longshoremen’s Association Managed Health Care Trust Fund (“MILA”) is a benefit fund that provides health insurance nationally for ILA members. MILA was established by the ILA and companies employing ILA labor (“Management”) in 1996, pursuant to a Master Contract between the ILA and Management providing for health benefits for longshoremen on the Atlantic and Gulf Coasts. Id. ¶¶ 115-116. MILA provides health care benefits, including prescription drug coverage and mental health benefits, to the majority of ILA Members. Id. ¶ 120. MILA is governed by its Board of Trustees (“MILA Board”), id. ¶¶ 27-28, which is comprised of 18 ILA representatives and 18 Management representatives, and has two Co-Chairmen. Id. ¶¶ 117-118. The Metropolitan Marine Maintenance Contractors’ Association (“METRO”) is an association of employers engaged in interstate commerce on the Waterfront, who directly or indirectly employ ILA members. Id. ¶ 33. METRO and ILA Locals 1804-1 and 1814 have established three funds for the benefit of the members of those locals — the METRO-ILA Fringe Benefit Fund, the METRO-ILA Pension Fund, and the METRO-ILA Individual Account Retirement Fund (collectively, the “METRO-ILA Funds”), each of which are governed by a Board of Trustees. METRO, the METRO-ILA Funds, and the Board of Trustees of each METRO-ILA Fund are named as nominal defendants in this action; Locals 1804-1 and 1814 are not named. Id. ¶¶ 34-38. Finally, the Amended Complaint names ILA Executive Vice-President Richard Hughes, General Vice-President Benny Holland, General Organizer Gerald Owens, and twenty-four Vice-Presidents as nominal defendants. Id. ¶¶ 21, 24-26. Hughes, Holland, and Owens are also nominal defendants in their capacities as members of nominal defendant MILA Board. Id. ¶¶ 21, 24-25. The Amended Complaint alleges that the Vice-Presidents “ ‘follow the lead’ of the ‘Big Six’ ILA Executive Officers in all union matters of importance.” Id. ¶ 26. 2. The LCN Defendants The Amended Complaint identifies four individuals alleged to be members or associates of organized crime who were active participants in the alleged RICO conspiracies. Peter Gotti is alleged to be the boss of the Gambino organized crime family. Id. ¶ 29. Gotti has entered into a consent decree with the Government resolving the claims against him in this action, and is therefore no longer an active defendant. See Consent Degree and Judgment, dated April 11, 2006 (docket no. 79). Pursuant to that decree, Mr. Gotti is permanently enjoined from, inter alia, participating in the affairs of the ILA or the Waterfront Enterprise in any way. Id. ¶¶ 3-4. Anthony Ciccone is alleged to be a captain in the Gambino family, and Jerome Brancato is alleged to be a soldier in the same family. Am. Compl. ¶¶ 30-31, 104-105. James Cashin is a former ILA official and an alleged associate of the Genovese organized crime family. Id. ¶ 32. 3. The ILA Officer Defendants The Amended Complaint charges several ILA Executive Council members with active participation in the alleged RICO conspiracies. Foremost among these is John Bowers, Sr., whom the Amended Complaint alleges has been President of the ILA since 1987 and was Executive Vice-President for twenty-four years before ascending to the Presidency. Am. Compl. ¶ 18. The Amended Complaint further alleges that Bowers presently holds or has held a number of other high-ranking offices in various ILA district and local union organizations, id., and that he was a Co-Chairman of nominal defendant MILA Board at all times relevant to this action. Id. ¶ 118. Finally, the Amended Complaint alleges that Bowers is an associate of the Genovese family, and that he was an unindicted co-conspirator in United States v. Coonan, No. 87-CR-249 (S.D.N.Y.) (WK), which involved allegations of extortion and murder of ILA Local 1909 and 1809 officials by associates of the Gambino family. Id. The second ILA Officer Defendant identified in the Amended Complaint is Robert E. Gleason, the Secretary-Treasurer of the ILA, whom the Government alleges is a Genovese family associate and “son of former ILA President and Genovese family associate ‘Teddy’ Gleason.” Id. ¶ 19. The Government further alleges that Gleason is a member of nominal defendant MILA Board, and has held other positions of trust within the ILA and related organizations. Id. ¶¶ 19,118. Harold J. Daggett is the Assistant General Organizer of the ILA, as well as President of ILA Local 1804-1 and, until recently, a member of nominal defendant MILA Board. Id. ¶¶ 22, 118. Daggett is alleged to be an associate of the Genovese family. Id. ¶22. In 2004, Daggett was indicted on charges of extortion conspiracy and mail and wire fraud conspiracy in United States v. Coffey, No. 04-CR-651 (E.D.N.Y.) (ILG). Mr. Daggett was tried before a jury in this Court, where he was ultimately acquitted on November 8, 2005. See Am. Compl. ¶ 22; Ex. 1-2 (Superseding Indictment and Complaint in Coffey). The details of the Coffey case are discussed in Background Part 11(D), infra. Arthur Coffey is a Vice-President of the ILA Executive Council and holds various positions in several ILA district and local organizations, including as a member of nominal defendant MILA Board. Am. Compl. ¶¶ 23, 118. Coffey was indicted on charges of extortion conspiracy and mail and wire fraud conspiracy in United States v. Coffey. Id.; see also id. Ex. 1, 2 (Superseding Indictment and Complaint in Coffey). He was tried jointly with Harold Daggett before a jury in this Court, and was likewise acquitted on November 8, 2005. Am. Compl. ¶ 23; see Background Part 11(D), infra. ILA Officer Defendant Albert Cernadas executed a consent decree resolving the claims against him in this action prior to the filing of the Amended Complaint. Id. ¶ 20. Prior to executing the consent decree, Cernadas was the Executive Vice-President of the ILA and, inter alia, a member of nominal defendant MILA Board. Id. ¶¶ 20, 118. Pursuant to the terms of the consent decree, Cernadas resigned from all of his ILA related positions and is permanently enjoined from holding any position in the ILA or the Waterfront Enterprise. Id.; see also Am. Compl. Ex. 13 (Cernadas consent decree). Cerna-das was indicted in Coffey for mail and wire fraud conspiracy in violation of 18 U.S.C. § 371, charges arising in connection with acts undertaken in his capacity as an officer of the ILA. See Am. Compl. ¶20, Ex. 1 (Coffey Superseding Indictment). On September 12, 2005, Cernadas pleaded guilty before this Court to the charges against him in that case. Am. Compl. ¶ 20; see Background Part 11(D), infra. B. The Alleged RICO Conspiracies The Amended Complaint alleges two counts of RICO conspiracy — conspiracy to violate 18 U.S.C. § 1962(c) (“§ 1962”) in violation of § 1962(d) (Count 1), see Am. Compl. ¶¶ 70-83, and conspiracy to violate § 1962(b) in violation of § 1962(d) (Count 2). See Am. Compl. ¶¶ 252-56. Both counts are alleged against all of the Racketeering Defendants “together with others, known and unknown,” id. ¶¶ 71, 253, and rely on the same alleged predicate acts to establish the requisite patterns of racketeering. Both counts also rely on the same allegations regarding the composition and purpose of the Waterfront Enterprise. Indeed, the section of the Amended Complaint captioned “Second Claim for Relief’ does little more than incorporate by reference the allegations made in earlier sections of the Amended Complaint, including the lengthy recitations of alleged predicate acts in the section captioned “First Claim for Relief,” and assert that the same acts also constitute a conspiracy to violate § 1962(b). See id. ¶¶ 252-258. The Court may therefore discuss the factual allegations underlying the Government’s claims without distinguishing between the two RICO conspiracy counts. 1. The Waterfront Enterprise At the heart of the Government’s theory of this case is the “Waterfront Enterprise,” an alleged association-in-fact RICO enterprise that is comprised of the members of the Gambino and Genovese families operating on the Waterfront and their associates and co-conspirators in the ILA and other legitimate Waterfront organizations. The Amended Complaint defines the Waterfront Enterprise as an aggregation of the ILA and certain of its subordinate components, namely, the Atlantic Coast District, the South Atlantic & Gulf Coast District, Locals 1, 824, 1235, 1588, 1804-1, 1814, 1922, 1922-1, and 2062; certain current and former ILA officials; certain welfare benefit and pension benefit funds managed for the benefit of ILA members, namely, MILA, the METRO-ILA Funds, the ILA Local 1922 Health and Welfare Fund, the ILA-Employers Southeast Florida Ports Welfare Fund; certain businesses operating on or about the Waterfront; an “employer association” operating on or about the Waterfront, namely METRO; certain members and associates of the Genovese and Gambino crime families; and certain businesses operating in the Port of Miami.... Am. Compl. ¶ 67. The Government alleges that each of the Racketeering Defendants “were leaders of the Enterprise who directed other members of the Enterprise in carrying out unlawful and other activities in furtherance of the conduct of the Enterprise’s affairs.” Id. ¶ 69. In a section captioned “Purpose of the Enterprise,” the Government alleges that [t]he Defendants’ common purpose was to exercise corrupt control and influence over labor unions and businesses operating on the Waterfront, the Port of Miami and elsewhere in order to enrich themselves and their associates. In order to achieve this objective, the Defendants have established and maintained control and influence over labor unions and businesses. To ensure the continued effectiveness of this corrupt system and as part of the overall plan and pattern of control, the Gambino and Genovese families have generally maintained and recognized their respective areas of control and domination on the Waterfront, the Port of Miami and elsewhere. Id. ¶ 68. At oral argument, counsel for the Government clarified that, notwithstanding the caption’s suggestion that paragraph 68 alleges the common purpose of the enterprise, the purpose identified in paragraph 68 is alleged to be shared only by the Racketeering Defendants, and not by the nominal defendants or, presumably, any member of the Waterfront Enterprise not named as a defendant in this action. See Tr. at 101— 02. 2. The Alleged Pattern of Racketeering Acts The Government alleges fifteen acts of racketeering undertaken by some or all of the Racketeering Defendants between 1995 and 2002, which it argues establish the “pattern of racketeering” necessary for RICO liability. The Court shall briefly summarize each of the alleged acts, taking the allegations in the Amended Complaint as true. a. Rigged Election of Harold J. Daggett and Others to High-Ranking ILA Offices The Government alleges that in June 1999, George Barone, “a Genovese family member, former ILA official, and convicted racketeer,” met with ILA President John Bowers at a restaurant in Miami to discuss who would replace Bowers as ILA President upon Bowers’s retirement. Am. Compl. ¶ 87. Barone had learned that Bowers favored Benny Holland as his replacement, and wanted to make it clear to Bowers that the Genovese family preferred Harold Daggett, whom Barone had placed into other ILA district and local positions and believed could be relied upon to advance Genovese family interests as ILA President. Barone arranged the meeting with Bowers through defendant Arthur Coffey, who at the time was President of ILA Locals 1922, 1922-1, and 2061, all based in Miami. During the meeting, Bowers agreed to support Daggett as his successor in exchange for a promise from Barone that Bowers’s son, John Bowers, Jr., would be “taken care of’ by the ILA and the Genovese family following Bowers’s retirement. Id. ¶ 90. The conspiracy to place Daggett in a position to replace Bowers took a step forward in 2000, when ILA General Organizer Frank Lonardo decided to resign from his position. Because 2000 was a non-Convention year, the Genovese family and its coconspirators planned to place Daggett into the vacant General Organizer position by means of an Executive Council election held in Lake Tahoe in July 2000. Placing Daggett on the Executive Council would enable him to be elevated to the position of ILA President by the Executive Council should Bowers retire in a non-Convention year. Having arranged a meeting through Arthur Coffey, Genovese family soldier Pasquale Falcetti asked George Barone to instruct Bowers to support Daggett for the vacant General Organizer position. Bowers, however, using James Cashin as an intermediary, informed Barone that he could not support Daggett for that position because he was under pressure from the ILA’s black caucus to support Assistant General Organizer Gerald Owens, who is an African-American, for the General Organizer position. Barone replied through Cashin that he would support Owens for the position of General Organizer and Daggett for the position of Assistant General Organizer. Ciccone then instructed ILA Vice-President Frank Scollo, with whom he had a longstanding acquaintance, to ensure that Daggett was placed in the Assistant General Organizer position. On July 19, 2000, the ILA Executive Council held its non-Convention election in Lake Tahoe, at which Daggett was elected to the position of Assistant General Organizer. Immediately after the election, Scollo called Ciccone to report the result of the election, but spoke with Cassarino because Ciccone was unavailable. The Amended Complaint states that Cic-cone and Jerome Brancato were convicted in United States v. Gotti, 02-CR-606 (E.D.N.Y.), of conspiracy to extort, extortion, and wire fraud in connection with the scheme to rig the election of Harold Dag-gett to the ILA Executive Council, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate acts. See Background Part 11(A), infra. b. Scheme to Rig the MILA PBM Contract On or about May 7, 1997, MILA sent a Request for Proposal to approximately 21 vendors, seeking bids on a contract for a Pharmacy Benefit Manager (“PBM”) to administer its prescription drug plan. Sixteen vendors responded, and MILA eventually narrowed the field to two finalists— Express Scripts, Inc. (“Express Scripts”), and GPP/VIP, Inc. (“GPP/VIP”). Express Scripts was “a large, full-service company serving millions of individuals and managing billions in annual drug expenditures.” Id. ¶ 125. GPP/VIP, on the other hand, was a start-up owned by Joel Grodman, the president of General Prescription Programs, Inc. (“GPP”), and Dr. Vincent Nas-so, an account executive employee of GPP who ran his own mail order facility called Value Integrated Pharmacy Services, Inc. (“VIP”). Grodman and Nasso created GPP/VIP specifically for the purpose of providing PBM service to MILA using GPP’s retail network as a subcontractor. Despite its smaller size and relative lack of experience, GPP/VIP had one substantial advantage over Express Scripts in the competition for the MILA PBM contract: Vincent Nasso was an associate of Anthony Ciccone, and had agreed to pay Ciccone $400,000 for the selection of GPP/VIP as the MILA PBM. In his efforts to rig the PBM contract bidding in favor of GPP/ VIP, Ciccone once again conspired with the Genovese family, which had made plans through its own network of members and associates to influence the contract award. Genovese family member Larry Ricci had asked George Barone to persuade Harold Daggett, in his capacity as a MILA Trustee, to vote for whichever PBM candidate Albert Cernadas supported; Ricci planned to use his own influence over Cernadas to award the contract to a company favorable to the Genovese family’s interests. Barone agreed and instructed both Daggett and Arthur Coffey to support whichever PBM candidate that Cer-nadas supported. Ciccone then paid $75,000 to the Genovese family, and Cerna-das “was the most vocal proponent of GPP/ VIP” at the MILA deliberations, swaying the ILA Trustees in GPP/VIP’s favor notwithstanding the fact that the Management Trustees and their actuarial consultants preferred Express Scripts. The ILA Trustees and the Management Trustees ultimately reached a compromise, appointing GPP/VIP as the MILA PBM for the North Atlantic ports from Boston to Hampton Roads, Virginia, and Express Scripts as PBM for the South Atlantic ports from North Carolina to the Mexican border. After obtaining the MILA PBM contract for the northern ports, GPP/VIP continued to conspire with organized crime and its associates on the MILA Board to expand the scope of its lucrative arrangement with MILA. Its opportunity to do so arose when, despite Express Scripts’s having received better service reviews from MILA plan members than GPP/VIP, MILA terminated Express Scripts’s contract, effective January 1, 2000, and placed GPP/VIP as PBM for the entire range of ports, because Express Scripts resisted a full-scale audit by MILA. In June 2001, GPP/VIP sent a letter to MILA’s Pharmacy Resource Committee in which it requested premium increases amounting to an additional 65 cents per member per month, stating that it had “severely underestimated and did not anticipate the cost of handling all the unique aspects of the MILA program.... ” Id. ¶ 136. Shortly thereafter, in August 2001, MILA sent out a new Request for Proposals, in anticipation of the expiration of GPP/VIP’s contract on December 31, 2001. Ciccone favored renewing GPP/VIP’s contract, and communicated with MILA Trustee Frank Scollo, both directly and through Primo Cassarino, and with MILA Executive Director Louis Valentino for the purpose of influencing the decision. Scollo advised Ciccone that GPP/VIP would need to submit a new proposal in response to MILA’s request. Ultimately seven vendors, including GPP/VIP and Advance PCS, the largest private PBM in the United States, submitted proposals for the MILA contract. Because Advance PCS’s proposal would save MILA approximately $4 million over 3 years in comparison to GPP/VIP, the MILA Board initially voted unanimously to award the PBM contract to Advance PCS. However, during subsequent negotiations with Advance PCS, the ILA Trustees, particularly Albert Cerna-das, raised objections to some of Advance PCS’s demands, particularly its desire for brand-to-brand switches and the exclusive right to select its auditor. Although Advance PCS eventually withdrew the demands to which the ILA Trustees objected, the ILA Trustees withdrew their support of Advance PCS and supported a renewal of GPP/VIP’s contract. Due to the impasse between the Management Trustees and the ILA Trustees over which vendor to select, GPP/VIP’s PBM contract was extended from December 31, 2001, through June 2002. Ultimately the matter was submitted for arbitration, which resulted in the award of the MILA PBM contract to Advance PCS. The Amended Complaint states that Cic-cone was convicted in United States v. Gotti 02-CR-606 (E.D.N.Y.), of conspiracy to extort, extortion, and wire fraud in connection with the scheme to rig the award of the MILA PBM contract in favor of GPP/VIP, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate acts. See Background Part 11(A), infra. c. Scheme to Rig the MILA Mental Health Benefits Contract The Amended Complaint also alleges that organized crime conspired with the MILA Trustees to influence the award of the MILA mental health and substance abuse plan contract. In late 1998, MILA solicited bids for the contract from seven companies, including Health Management Center, Inc. (“HMS”), which paid James Cashin as a consultant. Cashin had obtained permission from George Barone to obtain the MILA mental health benefits contract and to inform the MILA Trustees that Barone had given him such permission, though the Amended Complaint does not allege that Cashin actually informed any of the MILA Trustees of that fact. Before the MILA mental health contract was awarded, however, a dispute developed between Cashin and HMS regarding Cashin’s compensation. Cashin’s relationship with HMS was therefore terminated, and in early 1999, Cashin entered into a consulting relationship with another mental health services company called Comp-sych, which paid Cashin $5,000 per month for his services. Compsych then submitted a bid for the MILA mental health contract, which Robert Gleason asked the MILA Board to consider at a January 29, 1999 meeting. One of the MILA Board’s actuarial consultants, Actuarial Sciences Associates, rated Compsych’s bid noncompetitive. The other consultant, The Segal Company, indicated that it had not been aware that the Compsych bid would be discussed at the meeting, but nevertheless rated the bid competitive. Compsych resubmitted its bid in April 1999, and the MILA Board deemed it competitive. MILA awarded the mental health benefits contract to Compsych in August 1999. The Amended Complaint further alleges that when Compsych’s contract was due for renewal in 2001, the ILA Trustees, especially Bowers, Cernadas, and Daggett, were “particularly vocal” in their support for renewing Compsych’s contract, despite the fact that it had requested a 5 percent increase in fees. Id. at 161. MILA ultimately renewed the contract. The Amended Complaint does not state, expressly or implicitly, which type of racketeering act the Government believes its allegations regarding the rigging of the MILA mental health benefit plan constitute. However, in its memorandum of law in opposition to the defendants’ motions, the Government identifies several mailings that it alleges were made pursuant to the MILA mental health care scheme, thereby apparently suggesting that these allegations constitute mail fraud. See Gov. Mem. at 99-100. d. Fund Investment Advisor Kickback Scheme The Amended Complaint alleges three schemes by organized crime to interfere with the service contract selection process of the METRO-ILA Funds, and to defraud the beneficiaries of those funds, by awarding lucrative service contracts to associates of organized crime. The first of these involves a conspiracy among Peter Tarangelo and Thomas Cafaro, both associates of the Genovese Family, Liborio Bellomo, acting boss of the Genovese family, and Harold Daggett to influence the METRO-ILA Funds’ selection of an investment advisor. In October or November of 1995, Cafaro and Bellomo advised Tarangelo that if he could identify someone who could act as an investment advisor to the METRO-ILA Funds, they would use their influence over the METRO-ILA Trustees to ensure that Tarangelo’s handpicked advisor would receive the fund advisement contract. In return, Bellomo, Cafaro, and Tarangelo would receive a kickback from the advisor’s fee. In order to assist Tarangelo in his efforts, Cafaro and Bellomo gave him a list of ILA locals over which the Genovese family had influence, which included Local 1804-1, and told him to send solicitations to the unions. Tarangelo eventually identified Wall Street Capital Management as his investment advisor of choice, and between November 1995 and approximately February 1996, proposals on Wall Street Capital Management’s letterhead were sent to the contacts on the list that Bellomo and Cafa-ro provided to Tarangelo. Cafaro and Bel-lomo arranged for Tarangelo to meet with Harold Daggett, then the Secretary-Treasurer of Local 1804-1, on May 23, 1996, in a Newark hotel where Local 1804-1 was having a meeting. During the meeting, Tarangelo provided Daggett with a copy of the Wall Street Capital Management Proposal, and Daggett asked Tarangelo to say “hello” to Daggett’s “friend,” which the Government alleges was a reference to Bellomo. The same day, Tarangelo met with METRO President Joseph Barbera at METRO’S offices in New Jersey; shortly thereafter, in May or June 1996, Tarangelo attended another meeting with Barbera, Genovese soldier Pasquale Falcetti, and a representative of Centurion Capital Management, which was an affiliate of Wall Street Capital Management. Until Bellomo was arrested in June 1996, Tarangelo understood that the METRO-ILA Funds would award the investment advisement contract to Wall Street Capital Management. Several months after Bellomo’s arrest, however, Tarangelo was informed that Wall Street Capital Management would not receive the contract. The Amended Complaint does not state, expressly or implicitly, which type of racketeering act the Government believes its allegations regarding the conspiracy to rig the METRO-ILA Funds investor advisement scheme constitute. However, in its memorandum of law in opposition to the defendants’ motions, the Government identifies several mailings that it alleges were made pursuant to that scheme, thereby apparently suggesting that these allegations constitute mail fraud. See Gov. Mem. at 97-98. e. Rigged METRO-ILA Welfare Fund PBM Contract On or about June 30, 1998, the Board of Trustees of the METRO-ILA Welfare Fund awarded its PBM contract to GPP/ VIP — the same company that was awarded the MILA PBM contract at about the same time. Despite the fact that the METRO-ILA Welfare Fund had previously used Diversified Pharmaceutical Services as its PBM, the change was made with little, if any, evaluation of the merits of awarding the contract to GPP/VIP, and was supported by Harold Daggett in his capacity as a Trustee of the METRO-ILA Welfare Fund. Daggett allegedly knew that GPP/VIP was associated with organized crime, but did not disclose that fact to the METRO-ILA Welfare Fund Board of Trustees, and did not disclose the fact that he supported the award of the contract to GPP/VIP because of its association with organized crime. The Amended Complaint does not state, expressly or implicitly, which type of racketeering act the Government believes its allegations regarding the conspiracy to rig the METRO-ILA Welfare Fund PBM contract constitute. However, in its memorandum of law in opposition to the defendants’ motions, the Government identifies a mailing that it alleges was made in furtherance of that scheme, thereby apparently suggesting that these allegations constitute mail fraud. See Gov. Mem. at 100-101. f. Rigged METRO-ILA Welfare Fund Mental Health Care Benefits Contract On or about August 18, 1999, the Board of Trustees of the METRO-ILA Welfare Fund awarded its mental health care benefits contract to Compsych — the same company that was awarded the MILA mental health care benefits contract at about the same time. The decision to award the mental health care benefits contract to Compsych was supported by Harold Dag-gett in his capacity as a Trustee of the METRO-ILA Welfare Fund because of James Cashin’s consulting relationship with Compsych. Daggett allegedly knew that Cashin and Compsych were associated with organized crime, but did not disclose that fact to the METRO-ILA Welfare Fund Board of Trustees, and did not disclose the fact that he supported the award of the contract to Compsych for that reason. The Amended Complaint does not state, expressly or implicitly, which type of racketeering act the Government believes its allegations regarding the conspiracy to rig the METRO-ILA Welfare Fund PBM contract constitute. However, in its memorandum of law in opposition to the defendants’ motions, the Government identifies several mailings that it alleges were made in furtherance of that scheme, thereby apparently suggesting that these allegations constitute mail fraud. See Gov. Mem. at 101. g. Fraud on the Local 1922 and Southeast Florida Ports Welfare Funds In 1999, at approximately the same time MILA and the METRO-ILA Welfare Fund awarded their mental health care benefits contracts to Compsych, the Local 1922 Health and Welfare Fund and the ILA-Employers Southeast Florida Ports Welfare Fund also awarded mental health care benefits contracts to Compsych. The Government alleges that Arthur Coffey, in his capacity as a Trustee of both funds, supported awarding the contracts to Compsych at the direction of George Bar-one. Barone ordered Coffey to support Compsych because of the company’s relationship with James Cashin. Coffey did not inform the Board of Trustees of either fund of his own association with organized crime, or that he supported Compsych at the direction of a Genovese family soldier who favored Compsych because of its relationship with Cashin. The Amended Complaint refers to the scheme to rig the Florida funds’ mental health benefits contracts in favor of Comp-sych as a “fraud,” but does not clarify which type of predicate racketeering act the Government believes its allegations regarding that scheme constitute. However, in its memorandum of law in opposition to the defendants’ motions, the Government identifies one mailing and one facsimile transmission that it alleges were made in furtherance of that scheme, thereby apparently suggesting that these allegations constitute mail fraud and wire fraud. See Gov. Mem. at 102. The Court notes that both the mailing and facsimile transmission identified in the Government’s memorandum of law were allegedly made in furtherance of the scheme to award the Local 1922 benefits contract to Compsych; the Government does not identify any use of the mails or wires made in furtherance of the scheme to award the ILA-Employers Southeast Florida Ports Welfare Fund to Compsych. h. Control Over Local 1 The Amended Complaint recounts various acts of extortion and fraud performed by Anthony Ciccone for the purpose of establishing and maintaining organized crime control over ILA Local 1, all of which involve Ciccone’s intimidation of and interference with Louis Saccenti, a delegate for ILA Local 1. The Government alleges that by undertaking these acts, Ciccone “conspired to deprive the union membership of its democratic rights and its right to loyal representation by Saceen-ti.” Am. Compl. ¶ 187. In the summer of 2000, Louis Saccenti decided to fill a temporarily vacant shop steward’s position at the Red Hook Terminal in Brooklyn, New York, without consulting Ciccone. The shop steward’s position had been held by Joseph Pimpinella, the brother of former ILA General Organizer and Gambino family associate Anthony Pimpinella. Joseph Pimpinella was going on vacation, and Saccenti placed an individual named Ronnie Doyle in the shop steward’s position in Pimpinella’s absence. Local 1814 President Frank Scollo reported this development to Primo Cassarino, for the purpose of notifying Ciccone. Both Scollo and Ciccone were concerned that they would lose power if Saccenti were permitted to replace Pimpinella; Ciccone was also concerned that Saccenti was conspiring against him with ILA Local 1 President Stephen Knott. Ciccone therefore directed Knott not to fill the shop steward’s position until he heard from Ciccone, and instructed Scollo to speak to Knott and to stop Saccenti from putting Doyle in the shop steward’s position. The Amended Complaint does not indicate how this situation was resolved. The Government also alleges a second conflict between Ciccone and Saccenti, which arose from Saccenti’s efforts to change the work rules at two marine terminals in Brooklyn at which workers represented by ILA Local 1 were employed. ILA Local 1 represents “checkers” — individuals who check cargo containers that pass through the Howland Hook terminal in Staten Island, New York, and the Red Hook Terminal in Brooklyn, New York. In 2000 and 2001, Saccenti attempted to make changes in work rules at those terminals that Scollo deemed “detrimental” to the interests of Local 1814. Am. Compl. ¶ 190. Scollo contacted Cassarino on several occasions, seeking Ciccone’s assistance in dealing with Saccenti. At Ciccone’s direction, Scollo informed August Decrezenso, a Local 1 Shop Steward, that Ciccone’s orders were that Saccenti was to make no rule changes without first notifying Ciccone. Saccenti defied Ciccone’s efforts to control him, continuing to make rule changes and at one point announcing that “all bets are off.” Id. ¶ 192. Ciccone then directed Cassarino and Gambino family soldier Richard Bondi to go to Saccenti’s home for the purpose of intimidating Saccenti. The Amended Complaint does not indicate whether the efforts to intimidate Saccenti were successful, or how the conflict was ultimately resolved. The Amended Complaint states that Ciccone was convicted in United States v. Gotti, 02-CR-606 (E.D.N.Y.), of conspiracy to extort, extortion, and wire fraud m connection with his efforts to control ILA Local 1, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate acts. i. Fraud on the Local 181k Membership Ciccone and Scollo’s joint efforts to exercise control over ILA officials were not limited to Local 1. In 2000 and 2001, Scollo enlisted Ciccone’s assistance in resolving a problem with another ILA Local 1814 official, Philip Scala. At the time, Scala was an ILA representative and a Local 1814 delegate. Following the ILA special elections in July 2000, Scala had repeatedly failed to report to work; Scollo believed that this was because Scala was angry that he had not been elected to a position on the Executive Board of the Atlantic Coast District Council. Seeking permission to fire Scala, Scollo contacted Cassarino and Ciccone, who suggested that Scala, Scollo, and Ciccone meet to discuss the situation. The meeting that took place did not resolve Scala’s grievances, and Scala eventually resigned from the ILA, leaving the position of Local 1814 delegate open. Pri-mo Cassarino recommended that Scollo appoint Patsy Pozzolano, the brother-in-law of Gambino family associate Anthony Pan-sini, to the position; however, Scollo, despite being the Local 1814 President, could do so only if Ciccone approved Pozzolano’s appointment. Ciccone demanded to meet with Pozzolano and eventually approved him, at which point Pozzolano became the Local 1814 delegate. The Amended Complaint states that Cic-cone was convicted in United States v. Gotti, 02-CR-606 (E.D.N.Y.), of wire fraud in connection with his involvement with Local 1814, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme states the same predicate act. j. Extortion of Howland Hook Container Terminal, Trac. The Howland Hook Marine Terminal on Staten Island, New York, is a major facility for loading and unloading cargo. In 1996, the facility was operated by Howland Hook Container Terminal, Inc., which was managed by its CEO, Carmine Ragucci. In or about 1997, Ragucci began making payments to Ciccone to buy “labor peace” at the terminal. Am. Compl. ¶ 216. Cic-cone instructed Scollo to accept the payments from Ragucci and deliver them to Ciccone, in exchange for which Scollo was to comply with Ragucci’s wishes regarding labor issues at the terminal. Scollo complied with these instructions, collecting envelopes containing the payments from Ra-gucci on a periodic basis and delivering them either to Ciccone or to Anthony Pim-pinella. Beginning in about 1998, Scollo also sometimes delivered the payments to Primo Cassarino. Ragucci continued to make payments on a roughly quarterly basis until June or July of 2001, when he left his position at the Howland Hook Marine Terminal. The Amended Complaint states that Ciccone was convicted in United States v. Gotti, 02-CR-606 (E.D.N.Y.), of conspiracy to extort and extortion in connection with his extortion of Howland Hook Container Terminal, Inc., thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate acts. k. Extortion of Bridgeside Draydage In 1994 and 1995, Carmine Ragucci entered into a contract with Frank Molfetta pursuant to which Molfetta would perform truck broker-dispatcher services at the Howland Hook Marine Terminal beginning when the terminal was operational in 1996. The contract promised to give Molfetta’s company, Bridgeside Draydage, exclusive broker-dispatcher rights at the Howland Hook terminal, in exchange for $150,000 upfront and $100,000 to be paid later. Molfetta paid $150,000 to Ragucci in 1994, and Bridgeside Draydage began operating at Howland Hook in 1996. However, Mol-fetta refused to pay the additional $100,000 because, contrary to the terms of the contract, Ragucci did not grant Bridgeside Draydage exclusive broker-dispatcher rights. In or about late 1999, Ragucci informed Molfetta that Anthony Ciccone wished to meet with him. At that meeting, Molfetta described the terms of his contract with Ragucci to Ciccone, and Ciccone instructed him not to pay Ragucci. Molfetta understood from that meeting that he would subsequently be making payments to Cic-cone. At a later meeting in 1999, Molfetta and Ciccone settled on a $1,500 monthly payment, which commenced in January 2000. The Amended Complaint states that Ciccone was convicted in United States v. Gotti, 02-CR-606 (E.D.N.Y.), of conspiracy to extort and extortion in connection with his extortion of Bridgeside Draydage, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate acts. 1.Money Laundering and Money Laundering Conspiracy The Government alleges that between September 2000 and November 2001, defendants Peter Gotti, Anthony Ciccone, and Jerome Brancato laundered and conspired to launder the proceeds of the kickback schemes involving MILA and GPP/ YIP and the extortion schemes involving Howland Hook and Bridgeside Draydage. The Amended Complaint further notes that all three defendants were convicted of money laundering and money laundering conspiracy in United States v. Gotti, 02-CR606. m.Extortion of Right to Employment of Hiring Agent Beginning in 1996, Thomas Ragucci, the brother of Carmine Ragucci, was the hiring agent for Howland Hook Container Terminal, Inc., in which capacity he was responsible for hiring longshoremen to load and unload ships at the terminal. In approximately July 2001, Carmine Ragucci sold his ownership interest in Howland Hook Container Terminal, Inc., and resigned as CEO of the company. Between July 1 and October 1, 2001, Frank Scollo discussed the possibility of removing Thomas Ragucci from his position has hiring agent with Anthony Ciccone and Primo Cassarino. Ciccone wished to replace Thomas Ragucci with Robert Anastasio, nephew of Gambino family member Anthony “Todo” Anastasio. Ciccone instructed Scollo to speak with Ragucci about leaving the terminal; Scollo did so, informing Ra-gucci that Scollo’s “boss” wanted Ragucci to leave his position. Ragucci knew that Ciccone was a member of the Gambino family and was intimidated by Scollo’s message, believing that Ciccone might retaliate if Ragucci refused to resign. The Amended Complaint does not allege how this situation was resolved, but it notes that Ciccone was convicted in United States v. Gotti, 02-CR-606 (E.D.N.Y.), of conspiracy to extort and attempted extortion, rather than actual extortion, with respect to the scheme to remove Thomas Ragucci from his position at the Howland Hook terminal, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate acts. n.Extortion of Leonardo Zinna The Amended Complaint alleges quite simply that “[i]n or about 2001, the Defendant Anthony Ciccone, together with others, conspired to extort money from Leonardo Zinna, a longshoreman.” Am. Compl. ¶ 246 (capitalization omitted). The Amended Complaint further states that Ciccone was convicted in United States v. Gotti, 02-CR-606 (E.D.N.Y.), of conspiracy to extort Leonardo Zinna, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate act. o. Extortion of Nicola Marinelli The Amended Complaint alleges a second conspiracy to extort an individual longshoreman that is equally devoid of details, stating only that “[i]n and about or between January 2001 and January 2002 ... Defendant Anthony Ciccone and others, conspired to extort money from the settlement of a claim for compensation for an injury of Nicola Marinelli, a longshoreman.” Am. Compl. ¶ 249 (capitalization omitted). The Amended Complaint further states that Ciccone was convicted in the Gotti prosecution of conspiracy to extort and extortion of Nicola Marinelli, thereby presumably alleging that the allegations in the Amended Complaint regarding that scheme state the same predicate acts. II. Prior Proceedings The Government attached as exhibits to the Amended Complaint various pleadings and other documents filed in three prior criminal actions—United States v. Bellomo, 02-CR-140 (E.D.N.Y.); United States v. Gotti, 02-CR-606 (E.D.N.Y.); and United States v. Coffey, 04-CR-651 (E.D.N.Y.)—and two prior civil actions—United States v. Local 1804-1, Int’l Longshoremen’s Assoc., 90-CV-963 (S.D.N.Y.), and United States v. Bellomo, 03-CV-1683 (E.D.N.Y.)—all of which involved many of the same defendants and factual allegations at issue in this case. In opposition to the defendants’ motions to dismiss the Amended Complaint due to its alleged failure to plead certain essential elements of several of the predicate acts, the Government argues that it has satisfied the applicable pleading requirements by incorporating by reference the factual allegations contained in the exhibits. In order to place this litigation in its proper historical context and to grasp the foundation of the Government’s arguments regarding the Amended Complaint’s pleading of the predicate acts, it is necessary to examine the allegations and outcome in each of these prior actions in some detail. A. United States v. Gotti In 2002, the United States unsealed an indictment charging several members and associates of the Gambino crime family, including, inter alia, Peter Gotti, Anthony Ciccone, and Jerome Brancato, all of whom are defendants in this action, as well as Frank Scollo, Primo Cassarino, and Vincent Nasso, who are not named as defendants in this action but are identified as uncharged participants in one or more of the alleged predicate acts, with many of the racketeering acts that are alleged in this action. See Indictment in United States v. Gotti, 02-CR-606 (E.D.N.Y.), attached to the Amended Complaint as Exhibit 6 (“Gotti Indictment” or “Gotti Ind.”). Scollo eventually pleaded guilty to RICO conspiracy in connection with his involvement in a number of the racketeering schemes alleged in Gotti and Nasso pleaded guilty to three counts of wire fraud in connection with the rigging of the MILA PBM contract. All of the other Gotti defendants mentioned in this action — ie., Peter Gotti, Anthony Ciccone, Jerome Bran-cato, and Primo Cassarino — were found guilty at trial of RICO conspiracy, substantive RICO violation, and various acts of extortion, wire fraud, and money laundering that were co-extensive with the predicate acts alleged in the RICO counts. Although the Gotti Indictment charges many of the same defendants with many of the same acts alleged in this case,'it takes a markedly different position with respect to the ILA, its officers and subordinate organizations, and the other nominal defendants. The Gotti Indictment identifies the relevant RICO enterprise as the Gambino crime family, and identifies all of the defendants in that case as members or associates of the Gambino family. See Gotti Ind. ¶¶ 1-16. Counts One and Two of the Gotti Indictment allege substantive RICO violation and RICO conspiracy, respectively, and identify 33 predicate racketeering acts, many of which are identical to the offenses alleged as predicate acts undertaken by the Waterfront Enterprise in this action. Specifically, the Gotti Indictment identifies the following schemes alleged as predicate acts in this action as acts attributable to the Gambino family enterprise: the rigged election of Harold Daggett and others to high-ranking ILA offices; the scheme to rig the award of the MILA PBM contract in GPP/VIP’s favor; the extortion of ILA Local 1 delegate Louis Saccenti; the fraud on the Local 1814 membership involving the resignation of Philip Scala and appointment of Patsy Pozzolano as union delegate; the extortion of Howland Hook Container Terminal, Inc.; the extortion of Bridgeside Draydage; money laundering and money laundering conspiracy; attempted extortion of Howland Hook Marine Terminal, Inc.’s right to employ Thomas Ragucci as a hiring agent; the extortion of Leonardo Zinna; and the extortion of Nicola Marinelli. Except with respect to the allegations regarding Frank Scollo’s participation in the schemes of his Gambino family compatriots, however, the Gotti Indictment generally characterizes the ILA and its officials and subordinate labor unions as victims of, rather than participants in, the Gambino family’s efforts to expand its influence on the Waterfront. For example, the section of the Gotti Indictment describing the scheme to elect Harold Daggett to the ILA Executive Council is captioned “Conspiracy to Extort the ILA,” and alleges that Ciccone, Cassarino, Brancato, and Scollo “agreed to obtain property of ILA union members” by extortionate means. Gotti Indictment ¶ 27. Likewise, the scheme to rig the MILA PBM contract is captioned “Conspiracy to Extort MILA,” and again alleges only that Gambino family members and associates were involved in the conspiracy. Id. at 13-14. All of the charged racketeering acts are attributed to the Gambino family enterprise, as the Waterfront Enterprise alleged in the Amended Complaint in this case is not mentioned in the Gotti Indictment. B. United States v. Bellomo Criminal Case On February 2, 2002, the United States indicted eight members and associates of the Genovese crime family — Liborio Bello-mo, Thomas Cafaro, Pasquale Falcetti, Andrew Gigante, Vincent Gigante, Ernest Muscarella, Michael Ragusa, and Charles Tuzzo — on charges of, inter alia, racketeering, racketeering conspiracy, extortion, mail fraud, and money laundering. See Superseding Indictment (S — 2) in United States v. Bellomo, 02-CR-140 (ILG), attached to the Amended Complaint as Exhibit 3 (“Bellomo Indictment” or “Bellomo Ind.”). In Bellomo, like Gotti the Government charged some of the racketeering acts now alleged as RICO predicates in this action, but did not ascribe them to the Waterfront Enterprise or assert that they were jointly undertaken by the Genovese and Gambino families in conjunction with other co-conspirators. Rather, the Bello-mo Indictment identifies the relevant RICO enterprise as the Genovese crime family, and charges that enterprise and its members and associates with responsibility for all of the illegal acts alleged therein. See id. ¶¶ 1-16. Like the Gotti Indictment, the charges in the Bellomo Indictment that pertain to the issues raised in this action portray the ILA and other Waterfront entities as the victims of organized crime, rather than co-conspirators with the Genovese family. For example, Racketeering Act 1 of Counts 1 (substantive RICO violation) and 2 (RICO conspiracy) charges that the Bellomo defendants conspired to obtain money from Waterfront business as well as ILA labor union positions, and the salaries and benefits associated with those positions, by extortionate means. Id. ¶ 19. Racketeering Act 2 charges that several of the defendants extorted money from an unidentified owner of a business operating on the Waterfront. Racketeering Act 3 charges Bellomo, Cafa-ro, Falcetti, and Ragusa with mail fraud and money laundering in connection with the METRO-ILA Funds investment advis- or scheme, but unlike the Amended Complaint, it does not identify Harold Daggett or METRO President Joseph Barbera as co-conspirators. Bellomo Ind. ¶¶ 21-23. In keeping with its general depiction of the ILA and related associations, including the METRO-ILA Funds, as victims rather than participants in organized crime’s efforts to control the Waterfront, Racketeering Act 3 also alleges that the same defendants conspired to launder the proceeds of embezzlement from the METRO-ILA Pension and Welfare Benefit Funds — -allegations that are not made in the Amended Complaint in this action. Id. ¶ 23. On April 7, 2003, all of the Bellomo defendants pleaded guilty before this Court to one or more of the charges alleged in the Bellomo Indictment. Bello-mo, Cafaro, Falcetti, Muscarella, and Ra-gusa pleaded guilty to violating RICO, Andrew Gigante and Tuzzo pleaded guilty to extortion conspiracy, and Vincent Gi-gante pleaded guilty to one count of obstruction of justice. C. United States v. Bellomo Civil Case On April 7, 2003, the same day that the Bellomo defendants pleaded guilty to the criminal charges contained in the Bellomo Indictment, the Government filed a civil complaint against seven of those defendants — all except Vincent Gigante, who was identified as an uncharged co-conspirator — -alleging a single claim of racketeering conspiracy in violation of 18 U.S.C. § 1962(d), which incorporated by reference all of the alleged predicate acts stated in the Bellomo Indictment. See United States v. Bellomo, 03-CV-1683 (ILG) (E.D.N.Y.), Complaint ¶27, attached as Exhibit 4 to the Amended Complaint (“Bellomo Complaint” or “Bellomo Compl.”). Unlike the criminal indictment in Bellomo, the Bellomo Complaint identifies the relevant RICO enterprise as being comprised of not only the Genovese crime family, but also the ILA, its affiliated locals in New York, New Jersey, and Miami, individual officers, employees, agents, and representatives of the ILA and its affiliated entities, and the ILA’s affiliated employee benefit plans, Bellomo Compl. ¶ 22, and alleged that each of the defendants “sought to control and dominate the Waterfront and the Florida Ports, as well as other businesses and unions operating elsewhere, and conduct and participate in the conduct in the affairs of the Enterprise” through the pattern of racketeering alleged in the Bellomo Indictment. Id. ¶ 29. Although the enterprise in the Bel-lomo civil action was defined to include the ILA and related organizations and individuals, the Bellomo complaint nevertheless depicts the Waterfront businesses and organizations, including the ILA, as victims of, rather than co-conspirators with, the agents of organized crime operating on the Waterfront. For example, the Bellomo Complaint alleges that Gambino and Ge-novese families “have shared control of the Waterfront,” which is defined to include the ILA and its subordinate labor organizations, see id. ¶ 1, “through the use of actual and threatened force, violence and fear, exercising influence over labor unions and businesses at commercial shipping terminals in New York and New Jersey,” id. ¶4, and further alleges that the Government commenced that action “to enjoin the Defendants from engaging in a pattern of racketeering activity which would enable them to continue their criminal control over the Waterfront and the Florida Ports, the businesses and labor unions operating on the Waterfront and in the Florida Ports.... ”/d ¶6. On May 27, 2003, all of the defendants in the Bellomo civil case entered into a Consent Judgment and Decree with the Government for the purpose of settling that action. See Am. Compl. Ex. 5 (“Bellomo Consent Decree”). Pursuant to the terms of the Bellomo Consent Decree, the Bello-mo defendants are permanently enjoined, inter alia, from engaging in any activity whatsoever involving the ILA or any of its locals or other constituent labor organizations, and from engaging in any commercial activity in the New York/New Jersey Waterfront and the Port of Miami or having any legal or beneficial interest in any entity that does business in those areas. Id.; see also Am. Compl. ¶ 45. D. United States v. Coffey Although Frank Scollo was named in the Gotti Indictment, the Government did not pursue criminal charges against any other ILA official with respect to the alleged acts underlying the Amended Complaint in this action until 2004, when, in United States v. Coffey, 04-CR-651 (ILG) (E.D.N.Y.), it filed a sealed criminal complaint and ultimately obtained an indictment, in 2005, charging Arthur Coffey, Harold Daggett, Arthur Cernadas, and Lawrence Ricci with extortion conspiracy and mail fraud in connection with their involvement in the schemes to award PBM contracts to GPP/VIP and mental health care contracts to Compsych discussed above. See Superseding Indictment (S—2) in United States v. Coffey, 04-CR-651 (E.D.N.Y.) (“Coffey Indictment”), attached to the Amended Complaint as Exhibit 1; see also Complaint in United States v. Coffey (“Coffey Complaint”), attached to Amended Complaint as Exhibit 2. The Coffey Indictment charged that each defendant was a member or an associate of the Genovese family and alleged that Coffey, Cernadas, and Daggett had abused their positions as Trustees in one or more of the benefit funds associated with the ILA to rig the award of service contracts in favor of GPP/VIP and Compsych. The Coffey Indictment did not charge a RICO violation, and therefore did not allege the existence of a RICO enterprise. Cernadas pleaded guilty to the Coffey Indictment on September 12, 2005, and was ultimately sentenced to two years’ probation by this Court on February 22, 2006. The other three defendants pleaded not guilty and went to trial, which commenced on September 19, 2005. Coffey and Daggett were ultimately acquitted of all charges by the jury. Midway through the trial, Ricci failed to appear; his body was subsequently discovered in the trunk of a car approximately two