Independent Monitoring As A Means Of Reforming Workplace Standards
My testimony will focus on the proposals for independent auditing and monitoring, also a product of the innovative war on the mob which our local and federal prosecutors have fought for the past decade. Central to this campaign has been the use of the federal RICO Act to appoint trustees and monitors to replace the leadership of corrupt labor unions and scrutinize the affairs of mob-dominated entities.
The purpose of trustees and monitors primarily was to prevent and expose criminal activity within organizations, to report violations to government authorities, and to cooperate and assist the government with its investigation. This monitoring function – undertaken by independent firms with legal, investigative and audit skills – has since been developed, refined and implemented outside the RICO context.
Monitoring seeks to replace corrupt business practices with legitimate activity by simultaneously scrutinizing and redesigning the practices, procedures and standards of the workplace. It has been applied by the Manhattan District Attorney’s Office, U.S. Attorneys in the Southern and Eastern Districts of New York, and the New York State Organized Crime Task Force. It has been adopted by the New York City School Construction Authority and the New York State Department of Environmental Conservation. In March 1994, the U.S. Attorney for the Eastern District of New York announced the settlement of a civil RICO action filed by the United States against the Private Sanitation Industry Association of Nassau/Suffolk Inc. and over one hundred other defendants. The terms of the settlement placed eight of Long Island’s largest carting companies in monitorship for a period of five years. Since then, more carting companies have been added to the monitorship. Monitors have also been appointed to oversee the mob-infiltrated New York City garment center trucking industry and the Fulton Fish Market and corrupt unions. Organizations in mainstream industries, including real estate management, securities, and street festivals have also agreed to appoint monitors after fraud or corruption allegations. Monitoring has also been used by the Securities and Exchange Commission in the appointment of special investigative counsel as part of a consent decree.