Another alleged victim: Nemenz

The congressman and hisco-defendant want separate trials.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
CLEVELAND -- Add grocery store mogul Henry Nemenz to the list of businessmen willing to call U.S. Rep. James A. Traficant Jr. a shakedown artist who ripped them off for thousands of dollars.
In a notice of intent to use evidence filed Friday in U.S. District Court, the government said Nemenz, who has stores in the Youngstown-Columbiana area, will testify that the indicted 17th District congressman paid him only $25,000 for a $90,000 pole barn-riding arena.
The barn was erected on Traficant's 76-acre horse farm in Greenford in 1994 by six Amish craftsmen hired by Nemenz's Colonial Structures.
As time went on during the construction period, Traficant increased the project until it grew to three times what Nemenz had agreed to do at cost of $25,000, the government said.
Traficant, instead of paying when Nemenz submitted bills, offered to intercede in a labor dispute Nemenz had at the time with United Food and Commercial Workers Local 880, the government said.
The congressman, during a stint as host on WRRO radio in Warren, co-owned by Nemenz, did a remote broadcast from one of Nemenz's stores May 16, 1994, and urged his constituents to cross the UFCW picket line at the store.
Traficant also had a congressional staffer, Charles O'Nesti, meet with union officials to put a stop to the picketing. The efforts proved futile but Traficant repeatedly reminded Nemenz that crossing the picket line had cost him political capital with organized labor, the government said.
It didn't stop there, however.
Nemenz, the government said, bought a four-wheel-drive truck worth $23,234 for Traficant, made the down payment of $1,500 and made monthly payments of $439 for 38 months and paid the insurance. Traficant, Nemenz said in court papers, wanted the truck to tow his horses to and from shows.
Nemenz also provided Traficant with a Corvette to use, the government said.
The congressman, whom federal prosecutors described as a schemer well-adept at shakedowns, always lamented being short of cash because of an IRS obligation. He won acquittal at a bribery trial in 1983 but lost the civil tax case in 1987 and has been paying ever since.
Allegation: The government said Nemenz is just another contractor who got sucked in to do work for Traficant only to learn that he wanted to repay them with congressional favors, not cash.
The government said Traficant used identical schemes with businessman J.J. Cafaro and contractors James A. Sabatine, Anthony and Robert Bucci, Henry Bucheit, Greg Tyson and A. David Sugar. Cafaro, Sabatine and Sugar have pleaded guilty to their part in the Traficant case and are expected to testify for the government at trial in February.
Traficant also asked Nemenz's help in submitting a fraudulent insurance claim for windstorm damage in an effort to collect $5,916, the government said. The congressman said he would use the money to pay down what he owed Nemenz for the pole barn.
Nemenz, despite fears of suing a popular congressman who had influence with labor, hired a lawyer in 1997 to try to get his money back. After a series of negotiations, Nemenz agreed to a settlement worked out by Claire Maluso, a Traficant staffer.
Traficant was to give Nemenz $10,000 plus a note for $15,000 and Nemenz would give Traficant title to the truck and forgive the rest.
The government's motion was filed just before a status conference U.S. District Judge Lesley Brooks Wells scheduled to make sure Traficant's trial remains on track.
Traficant, who is not a lawyer, was originally indicted on 10 counts May 4 and has opted to represent himself. His charges include racketeering, bribery and income tax evasion.
Detore: His co-defendant, Richard E. Detore, a 41-year-old Clifton, Va., engineer, was added to the case in a superseding indictment filed Oct. 26. Detore is charged with conspiracy to violate the federal bribery statute.
Detore didn't retain counsel until Tuesday -- John M. Dowd and James C. Osborne Jr., both Washington, D.C., lawyers.
Just hours before Friday's hearing, Dowd filed a motion asking that Judge Wells postpone the trial at least 60 days. Dowd cited the need to adequately prepare his client's defense.
Traficant and Dowd made oral motions during the hearing to have the cases heard separately.
Craig S. Morford, an assistant U.S. attorney, said the trial should go forward as planned with both defendants. He said Detore created his own predicament by waiting nearly two months to get a lawyer.
"We've been dealing with him for one and a half years and he's had three sets of lawyers," Morford told Judge Wells.
Traficant stood to address the judge.
"I'm in a vacuum; he [Morford] has never contacted me," he said. "I'm being treated like a defendant, not an attorney... I want the government to know that."
Judge Wells told the congressman it's up to him to contact the government.
Afterward, as he spoke to reporters on the courthouse steps, Traficant said he hasn't even looked at the government's evidence against him.
"I'm going to go right at their ass," Traficant said. He then wished all reporters happy holidays.
USAG: Detore's alleged involvement in the case can be traced back to his time as chief operating officer of USAerospace Group, once based in Manassas, Va.
Cafaro, of the mall development family, was affiliated with USAG and has pleaded guilty to bribing Traficant in return for the 60-year-old congressman's using his influence to promote USAG laser-guidance technology.
Cafaro admitted the bribe was nearly $40,000 -- including cash and the purchase of the congressman's houseboat.
The government said that from April 1998 through December 1999, USAG paid $3,219 for meals at the Taverna in Washington, D.C., for Traficant and Detore. Traficant, Cafaro, a USAG chief engineer, and Detore agreed to conceal Cafaro's purchase of the congressman's houseboat by making it appear as though the engineer bought the boat, the government said.
Immunity: A magistrate judge asked by Judge Wells to consider Traficant's objections to certain government evidence based on his immunity granted in the speech or debate clause issued a report and recommendation Friday.
The clause protects Traficant from legal reprisal for comments made on the House floor or documents inserted in the Congressional Record.
Magistrate Judge William H. Baughman Jr. said documents that reflect consultation by Traficant with his staff for purposes of deciding the content of language for legislation are privileged.
Press releases and communication with private citizens are not privileged, the magistrate concluded. Traficant has until Jan. 8 to file objections.
meade@vindy.com