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- March 25, 1985NATIONThe Secretary Bows Out
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- Donovan is the first Cabinet member to quit under indictment
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- Since he took a leave of absence from his post as Secretary of
- Labor nearly six months ago, Raymond J. Donovan, 54, has been
- spending much of his time at his Short Hills, N.J., home
- waiting for word that he could go back to work. A grand jury
- in New York had indicted him last October on charges of fraud
- and larceny in a scheme involving his New Jersey construction
- company, but Donovan was confident that the case would be thrown
- out of court. Not so. Last week a New York State Supreme Court
- justice phoned to tell Donovan, who happened to be in Washington
- at the time, that he would not dismiss the indictment; Donovan
- would have to stand trial. Hours later, the Labor Secretary
- became the first sitting Cabinet member in U.S. history to
- resign in the face of criminal charges.
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- Shortly after he heard from the judge, Donovan requested an
- audience with President Reagan. At the White House, Donovan
- told Chief of Staff Donald Regan that he wanted to devote all
- his time and energy to his defense and to spare the
- Administration further embarrassment. "The President has been
- far too generous," Donovan said. Indeed, since Donovan's Senate
- confirmation hearings in 1981, when the businessman was accused
- of having ties with organized crime but was not indicted, Reagan
- has voiced unwavering support for his Cabinet member. In a
- ten-minute Oval Office meeting that a presidential aide
- described as "emotional but not teary," Donovan told Reagan of
- his decision to step down. White House officials stressed last
- week that the President had never sought the Secretary's
- resignation. Said one aid: "If Donovan wanted to, Reagan
- probably would have let him stay on."
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- A few hours after their meeting, Reagan once again defended the
- Labor Secretary. "Ray Donovan has not been convicted of
- anything," he said in a written statement. "No less than any
- other American, he is entitled to the benefit of a presumption
- of innocence." As Donovan prepared to return home, he repeated
- his claim of innocence: "I have not violated any law and I am
- confident that a jury will find me not guilty after hearing all
- the evidence."
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- Donovan and nine co-defendants have been charged with grand
- larceny as well as 125 counts of falsifying business documents
- and eleven counts of filing phony papers with government
- agencies.
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- The men allegedly defrauded the New York City Transit Authority
- on a $186 million subway contract awarded in 1978 to the
- Schiavone Construction Co. of Secaucus, N.J. At the time,
- Donovan was executive vice president and one of two controlling
- stockholders in the firm. Donovan tried to have his indictment
- dismissed, partly on the ground that it was politically
- motivated. The head prosecutor, Bronx District Attorney Mario
- Merola, is a four-term Democrat. Merola last week called
- Donovan's complaints of political bias "ludicrous."
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- Donovan's problems began in 1976, when William Masselli, a
- soldier in the Genovese Mafia family, took over a small
- construction firm that held subcontracts on large Schiavone
- projects. When Schiavone won the subway contract, Masselli was
- given a piece of the action. U.S. law requires that any
- contractor receiving a federal public works grant must award
- 10% of the business to minority-owned companies. Since 80% of
- Schiavone's contract was federally financed, the firm had to
- find a minority subcontractor. So Masselli created the Jo-Pel
- contracting and Trucking Co. and claimed that at least 51% of
- it was owned by Joseph Galiber, a New York state senator who is
- black. Meriola claims that his evidence shows that Galiber,
- while drawing a $700-a-week salary at Jo-Pel's president, had no
- equity in the company.
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- The prosecution charges that Schiavone, to prove it was giving
- its fair share of work to minority contractors, reported falsely
- to the New York city Transit Authority that Jo-Pel had paid
- more than $90,000 a month to rent tunnel-digging equipment.
- Schiavone had actually allowed Jo-Pel to use the equipment free
- of charge. In all, Schiavone collected some $12 million for work
- it claimed Jo-Pel had done. According to Prosecutor Merola,
- however, Jo- Pel's effort was worth only about $4 million.
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- Merola claims that he gained significant evidence against
- Donovan ad the other defendants from a 1979 FBI wiretap on the
- telephone at Masselli's Bronx meat-packing warehouse. In 1981,
- after Donovan had faced confirmation by the Senate as Labor
- Secretary, the FBI advised the lawmakers about his alleged
- organized crime connections but for some reason did not mention
- the incriminating wiretap. Nor did the FBI reveal that it was
- aware, as the Senate considered Donovan's qualifications, that
- "possibly fraudulent schemes" to hike minority participation in
- the Schiavone subway work had been disclosed by the recorded
- conversations. The bureau failed to act then on the evidence
- that, more than three years later, produced Merola's indictment.
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- In one of the wiretapped talks released by the FBI to Bronx
- prosecutors, Masselli describes the Jo-Pel operation and speaks
- of his bond with Schiavone executives; "They trust me, them
- guys. I'm the only guy they'll work with." The D.A.'s office
- also claims that Donovan cosigned a $200,000 check to Masselli
- as payment in the equipment-rental agreement.
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- Union leaders were generally pleased with Donovan's
- resignation. As Labor Secretary, he was seen as being more an
- advocate of Big Business than of the labor movement. He
- softened enforcement of occupational safety and health
- regulations and of fair labor standards. He also allowed the
- Labor Department's budget to be cut from $30.1 billion to $23.5
- billion and its work force trimmed from 22,000 to fewer than
- 18,000. One of Donovan's harshest critics, AFL-CIO President
- Lane Kirkland, said last week that his organization "hopes that
- the President now will appoint a person who enjoys the respect
- and confidence of labor as well as management and the public at
- large."
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- At week's end the Administration said it had no shortlist of
- potential successors to Donovan. Labor Under Secretary Ford B.
- Ford, who has run the department in his absence, is not
- considered a candidate. "The President would have been
- reluctant to have us looking around until Donovan had decided
- [to resign] on his own," according to one Administration
- official. Said another: "The search for a replacement starts
- tomorrow."
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