-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

an excerpt from:
Crime on the Labor Front
Malcom Johnson©1950
McGraw-Hill Book Company, Inc.
New York.
243 pps. - First Edition - Out-of-Print
--[2]--
CHAPTER TWO
Hollywood Shakedown

THE UNITED STATES is still suffering from some of the evil effects of the
Prohibition Amendment, perhaps the most thoroughly ignored law ever written
on the national statute books. The "noble experiment," as Herbert Hoover
called it, introduced an era of lawlessness such as this country had never
-known, marked by wholesale murder, open warfare between rival bootleg gangs,
and a complete cynicism and disregard for law and order by a large segment of
the public, which saw gangsterism and politics closely allied. It was a
period of political corruption on a national scale, with legislators, judges,
and other public officials bought and sold with gangster money like so many
sacks of potatoes. It was a period in which professional murderers, as
typified by the bootleg gangsters, came to be regarded as colorful heroes
whose exploits were celebrated in the movies and in the newspapers. Some of
the top gangsters and racketeers in the country today first rose to power
during that period of machine-gun law. With the passing of prohibition they
turned inevitably to other lawless activities. One of these was the labor
racket.

Of all the gangsters who flourished during prohibition, none attained such
power and wealth as Scarface Al Capone. This deceptively mild-looking little
man with soft brown eyes migrated from Brooklyn to build an empire of crime
in Chicago with influential underworld connections throughout the country. It
was one of the ironies of the times that Capone enjoyed complete immunity
from the law for the reign of terror he invoked. He was never brought to
trial for any of his major crimes, including innumerable murders committed by
his paid gunmen on orders from himself. When the law finally nailed Capone it
was for income-tax evasion. He was convicted in 1931, served seven years in
prison, then retired to a life of luxury in Florida until his death, of
paresis, in January, 1947. Capone's gang lieutenants carried on his
organization, which is still active in Chicago.

Though its chief source of income during prohibition was from the sale and
distribution of liquor and beer, the Capone mob owned brothels, gambling
establishments, and night clubs. In addition, the mob perfected the
"protection" racket as it is now known—the device of levying tribute from
businessmen for the privilege of staying in business. The protection, of
course, was from the gangsters themselves; if the victim did not pay, a bomb,
or "pineapple" in the mob vernacular, was exploded in his place of business.
The racket usually was worked through a trade association, so-called, to
which the victims were compelled to belong.

When the Capone gangsters invaded the labor field after the death of
prohibition in December, 1933, they applied the same technique of
intimidation against the unions and their members. One of the gang's first
and most successful ventures in labor forms an almost incredible story of
extortion in the motion-picture industry. The story is now a matter of public
record through the court testimony of a convicted labor racketeer who
squealed against his gangland bosses. It is a story with strong political
implications, with hints of bribery in high places. It is a story of how the
most notorious gang in the country, working through union officials, brought
the entire Hollywood movie industry to its knees.

The story properly begins in Chicago in 1932 as the prohibition law was on
its way out. It was a bleak year in the depth of the nation-wide depression:
a year of soup kitchens, bread lines, bank failures, shuttered factories, and
of jobless, despairing men tramping the streets in a vain search for work. It
was a bad year even for labor racketeers. Nevertheless, a paunchy little man
of boundless cupidity named Willie Bioff was doing his best to turn a
dishonest dollar by organizing and preying upon Chicago's kosher butchers.
Bioff was a panderer, a thief, an extortionist, and an all-round racketeer
and gangster. His name a few years later was to strike terror in the hearts
of the Hollywood movie moguls.

In that year, 1932, Bioff met a professional unionist, one George E. Browne,
business agent of Local 2 of the International Alliance of Theatrical Stage
Employees, an American Federation of Labor union with jurisdiction over
motion-picture-theater projectionists and allied theater workers. As a
sideline, times being what they were, Browne was organizing chicken dealers.
It was a fortuitous meeting-for Bioff and Browne. Both had only one interest
in the labor movement: to gouge money out of it. Each was quick to appreciate
the talents of the other. As a labor leader, Browne, tough and thoroughly
corrupt, was more than willing to accept the aid of a smarter racketeer. He
found one in Willie Bioff. While Browne was a good front man, Bioff was the
schemer, the planner, the strategist with an utterly ruthless talent for
extortion. Bioff and Browne joined forces, abandoned the kosher market, and
concentrated on the theatrical union as offering greater possibilities.
Nominally, Bioff became Browne's assistant. Actually, he was the brains of
the combination.

Browne's union local was in a bad way. Out Of 400 members, 250 were
unemployed. There was no profit for Browne and Bioff in unemployed union
members. They decided to mix charity with business by setting up a soup
kitchen where a working member could get a meal for thirty-five cents and the
unemployed could eat free. They persuaded politicians and theatrical
celebrities to drop in frequently for meals and contribute $20 to $50 to a
good cause. The contributions served the double purpose of keeping the local
alive and providing Browne and Bioff with a small income. The contributions
also gave Browne and Bioff the idea for their first successful shakedown. In
1934 the pair went to millionaire Barney Balaban of the Balaban & Katz
theater chain with a demand that he restore a pay cut imposed on IATSE
members in the Balaban & Katz theaters in 1929. They had no illusions about
getting the cut restored, nor did they want it. Their interest never was in
the welfare of the workers except when it was a means of extorting more money
from them in dues, initiation fees, and assessments.

Balaban appeared to give their request serious thought. He said he might be
willing to comply, but was afraid that if he did so, other unions would jump
in with similar demands. That would be too costly. Browne and Bioff then
casually mentioned the soup kitchen, observing that it cost $7,500 a year and
was serving a humane cause. Balaban got the point. He saw immediately that
paying for the kitchen would be much cheaper than restoring the pay cut. His
attitude re-flected that of many businessmen who paid off labor rack-eteers.
In permitting themselves to become extortion victims
they nearly always were seeking some advantage for them-selves, usually at
the expense of the workers. Obviously the large sums paid to labor gangsters
were never passed on to the workers. In any event, Balaban volunteered to pay
for the soup kitchen in lieu of restoring the pay cut. He quickly discovered
that Browne and Bioff had no intention of letting him off so lightly.

"I figured right then I might as well kill a sheep as a lamb," Bioff boasted
in court. "Barney turned out to be a lamb. When he agreed to our suggestion I
knew we had him. I told him his contribution would have to be $50,000 unless
he wanted real trouble. By that I meant we would pull his projectionists out
of the theaters. He was appalled, but we turned on the heat. He finally
agreed to pay US $20,000. The restoration of the pay cut was forgotten. We
were not interested in that then or at any other time. We didn't care whether
wages were reduced or raised. We were interested only in getting the dough,
and we didn't care how we got it."

>From the day that Balaban coughed Up $20,000, Browne and Bioff knew that they
were on top of a lucrative racket. joyously they celebrated the knowledge by
spending $300 at a night club and gambling resort operated for the Capone mob
by Nick Cercella, alias Nick Deane. As they wined and dined on the money that
they had extorted at the expense of their members, they boasted of their
recent good fortune. A few days later, Frank Rio, a leader in the Capone
gang, accosted Browne and demanded to know how the union was making out. Up
to this point the mob had let Browne alone; the "take" wasn't enough to
interest it. But the first big shakedown changed the picture entirely. Browne
spun a woeful tale of his union's impoverished state, but Rio was
unimpressed. "From now on," he said, "we expect 50 per cent of the take.
Everything you get. Understand?"

Browne and Bioff understood perfectly. The Capone gang had muscled in on
them, as it had on so many other union locals. It was a case of the big fish
swallowing the small fish. Browne and Bioff knew that they had been served
with the usual "or else" proposition. They agreed to cooperate, for they had
no choice. On the one hand they hated to surrender half their union booty. On
the other hand they were smart enough to know that, with the Capone mob's
backing, the "take" should be much larger and that future expansion would be
made easier. The gang's reputation for terrorism, built up over the years,
would take care of that.

It should be remembered that the mobsters at no time had any official
connection with this or any other labor union except insofar as they were
able to plant their own stooges in union offices. Their sole interest in a
union was the profit in it for them. They operated behind the scenes, issuing
orders and directing policy through their captives in the union. In this
instance they took over by intimidating two thieving union officials who were
not too unhappy about being taken over. The capture of Browne's local was
just the beginning. The mob was determined to expand and gain control of the
international union. They intended to do it by using Browne as a front man. A
meeting was held. Present were Browne and Bioff; Frank Nitto, or Nitti; Louis
Campagna, Paul DeLucia, and Rio-all top men in the Capone circle. Nitto, a
first cousin of Capone, was known as the Enforcer. When Capone went to jail
on income-tax charges Nitto was regarded as the number one man in the gang's
underworld enterprises. Campagna was one of Capone's ex-bodyguards.

The gang chieftains knew that Browne had been defeated in 1932 for president
of the international union. They told him he was to run again and get
elected. There must be no mistakes this time. Where were the weak spots, the
places in the national organization that had failed to support him? New York
City, New Jersey, Cleveland, and St. Louis, Browne Said. The gangsters
explained that their out-of-town connections would help this time-Abner
(Longy) Zwillman, racket boss of New Jersey; Louis (Lepke) Buchalter and
Charles (Lucky) Luciano in New York, and lesser known gangsters in Cleveland
and St. Louis. For another meeting, two weeks before the June, 1934,
convention of the IATSE, Lepke was summoned from New York. Nitto gave Lepke a
message for Luciano, New York's vice overlord and member of the syndicate:
"Local 306 (the New York projectionists) was to vote for Browne for
president."

"I won't have to see Lucky on that, Frank," Lepke replied. "I can handle it
myself. I'll also see Kaufman of New Jersey [Louis Kaufman, business agent of
the big Newark local] and see that Longy [Zwillman] delivers that outfit."

The campaign went exactly as planned. The Capone syndicate's representatives
in the key cities spread the word: "Vote for Browne." As a final gesture to
insure success, the syndicate's far-flung representatives gathered in Chicago
and from there descended on the international union's convention in
Louisville. The presence of the nation's top gangsters and their gunmen at
the convention, circulating among the delegates and openly backing the
candidacy of Browne, created such an atmosphere of intimidation that
opposition wilted. Browne was elected without a single dissenting vote.
Democratic processes were forgotten and the best interests of the dues-paying
union members were ignored. Everybody at the convention knew that the Capone
gang had made a successful bid for power and was now in control of the union.

President Browne's first official act was to announce that Willie Bioff was
his "personal representative." The convention delegates knew what that meant
too: Bioff was giving orders for Browne and through Browne. Backed by the
Capone gangsters and their powerful out-of-town connections, Bioff and Browne
were quick to solidify their control of the entire union. The Capone
syndicate appointed Nick Circella to oversee their activities and to report
back to the syndicate. Browne and Bioff were warned against double-crossing
the syndicate unless they wanted to retire feet first. From then on they were
tools of the mob in a major racket venture, and the stakes were high.

When Bioff and Browne departed for New York to chart a campaign of extortion
and to "confer" with theater owners and other union officials, they were told
to feel free to call upon Luciano or Frank Costello any time they needed
help. "They are our people," gangster DeLucia explained, according to Bioff's
testimony. This was long before Costello, gambler, ex-convict, and
slot-machine racketeer, had become such a controversial and influential
figure in New York City politics.

In Chicago the mob, through Browne and Bioff, extorted $100,000 from
motion-picture theater chains by threatening to force them to hire two
projectionists in each theater booth instead of one. The Balaban & Katz
circuit paid $60,000; Warner Brothers $30,000; and an independent chain, the
S. & S., $10,000. Here again the racket fee was at the ultimate expense of
the union workers. There would have been more work for more members had the
union's demand been on the level. When one theater representative protested
bitterly that putting two projectionists in a booth would drive him out of
business, Bioff replied, "I can't help that. If this is going to kill drama,
then drama has got to die." After this shakedown, the Capone mobsters gave
Browne and Bioff the bad news that henceforth the gang's take was to be 75
per cent instead Of 50 per cent; Browne and Bioff could divide the remaining
25 per cent between them.

The mob's brazen method of operation was further demonstrated in the case of
a burlesque-theater owner named Jack Barger. When Barger opened a new theater
in Chicago, Bioff called on him and calmly announced that Barger would have
to surrender half his profits. "Barger raved and said it wasn't fair, but I
told him that was the way it had to be if he wanted to stay in business,"
Bioff recalled in court. "He went along."

 On orders from Bioff, the wages of union members were slashed and stagehands
were laid off so that the profits would be bigger for division with the mob.
This was during the worst part of the depression, when work of any kind was
hard to get and good men and their families were going hungry through no
fault of their own. Yet a union whose ostensible purpose was to better the
living conditions of its members was deliberately and pitilessly throwing men
out of work and cutting wages. Not content with this abuse of the members,
Bioff milked another $200 a week from the theater owner, Barger, when he
discovered that Barger was drawing that amount for himself in salary. The
gang promptly put one of its own men on the payroll for a like amount for
doing nothing. They closely scrutinized Barger's books to see that they got
their full share of the money. In fact, they ran the business. Every time
Bioff saw Barger, he would taunt him by asking "How's our business, partner?"

Like other labor racketeers before and since, Bioff and Browne extorted money
from their victims by a variety of methods. They sold "strike prevention
insurance" for whatever they thought the traffic would bear. They threatened
wage hikes and shorter hours, demands which were promptly withdrawn and
forgotten when payment was made directly to them. They ruthlessly sold out
their members by agreeing to wage cuts or longer hours. One of Bioff's
greatest triumphs in the field of "strike prevention" was the $150,000 he
extorted from Charles Moscowitz of the Loew's theater chain in New York in
1935.

By 1936, two years after seizing control, the Capone gang's power in the
union was such that it was ready to launch a daring offensive against the
billion-dollar industry of Hollywood itself. Millions in extortion fees were
the stake. The union had only a small membership on the West Coast, but that
did not deter the mob. They persuaded the West Coast studios to give the
IATSE jurisdiction over labor by exerting pressure against movie outlets,
notably the Balaban & Katz theater chain, a subsidiary of Paramount Pictures.

It was necessary, however, to close every theater from Chicago to St. Louis
before the theater officials saw the light and influenced the West Coast
companies to give the IATSE jurisdiction. That done, Bioff in the fall of
1936 went to Nicholas M. Schenck, president of Loew's and spokesman for the
movie industry in dealings with the union.

"You have a prosperous business here," Bioff told Schenck. "I elected Browne
president of this union because he will do what I say. I am the boss and I wan
t $2,000,000 Out Of the movie industry."

"I was shocked," said Schenck, recalling the conversation. "At first I
couldn't talk. But Bioff said, 'You don't know what will happen. We gave you
just a taste of it in Chicago. We will close down every theater in the
country. You couldn't take that. It will cost you many millions of dollars
over and over again. Think it over.' "

The movie bigwigs, including Schenck, the late Sidney Kent of Twentieth
Century-Fox, and Leo Spitz of RKO, thought it over and decided to pay. An
agreement was reached by which the major companies were to pay $50,000 a year
and the minor companies $25,000 a year to the racketeers. The payments were
to continue indefinitely—forever, if Bioff and the mob had their way. A first
payment Of $75,000 in cash was made to Bioff and Browne in a room in the
Hotel Warwick, New York. Schenck brought $50,000 and Kent $25,000. Bioff and
Browne dumped the money on a bed and carefully counted it, while Schenck and
Kent watched, squirming.

The full story of the audacious Hollywood shakedown is a matter of court
record today because Willie Bioff outsmarted himself. Otherwise the
conspiracy might never have been revealed. juggled bookkeeping and a dummy
loan finally started Federal investigators on his trail. Bioff, like Capone
before him, first attracted the government's attention in connection with
income-tax evasion on a transaction of $100,000.

Bioff's talent as an extortionist had won him a bankroll of $100,000 which he
was anxious to conceal from the government. He yearned to buy a ranch in
California, but knew an investment of that kind would arouse the curiosity of
the tax agents. So in 1938 Bioff pretended to borrow $100,000 from Joseph M.
Schenck, then chairman of the board of Twentieth Century-Fox and a brother of
Nicholas M. Schenck. Bioff realized that it would look curious for Schenck to
make him a loan of that amount. Therefore he arranged with Schenck for the
latter's nephew, Arthur Stebbins, to give him a check for $100,000. Bioff
gave Stebbins the cash in return. On the books, however, the transaction
appeared as a loan, guaranteed by Schenck, with Bioff giving a note. In the
eyes of the government it appeared that Schenck had derived an income of
$100,000 in a deal he had not reported. In the chain of investigations which
followed, other irregularities were discovered. Schenck was indicted for
income-tax evasion and sentenced to three years in prison. The sentence was
reduced to one year and a day for perjury after Schenck gave evidence against
Bioff and Browne leading to the discovery of the extortion conspiracy and the
union's backing by the Chicago mob.

Browne and Bioff were indicted for extortion and conspiracy, tried, and
convicted in 1941. Bioff was sentenced to ten years in prison, Browne to
eight years, and each was fined $10,000. In prison the two racketeers
squealed on their gangland bosses. The mobsters were indicted by the
government on March 18, 1943, on charges of conspiracy, extortion, using the
mails to defraud, and of having extorted more than $2,500,000 from union
members and motion-picture producers.

Frank Nitto, the Enforcer, named in the indictment, committed suicide. Nick
Circella pleaded guilty. Frank Rio had died in 1935. The defendants brought
to trial were Louis Campagna and Paul DeLucia (mentioned previously), Phil
D'Andrea, Francis Maritote, Ralph Pierce, Charles Gioe, John Roselli, and
Louis Kaufman. Except for Kaufman, they were all members of the Capone group.
Each had a long police record. Maritote, for instance, had been arrested
twenty-seven times.

The gangsters were tried in New York. Willie Bioff was the principal witness a
gainst them. He testified with gusto, his hard, pig-like eyes gleaming from
behind thick glasses. For days Bioff was on the stand, spilling out the story
of the mob's control of the union and of the extortion plot. Obviously
relishing his role, he boasted of his own part in the plot and implicated all
the defendants. His attitude was that he was a gone goose anyway and that the
gangsters deserved punishment, too. He, Bioff, was going to see that they got
it. The gangsters listened impassively as Bioff, smirking and leering at
them, gave evidence that was to convict them. Browne, though less flamboyant,
corroborated Bioff's testimony.

Their testimony, together with that of the movie producers who admitted the
payments to the union racketeers, convicted the Capone gangsters. They did
not take the stand in their own defense. The defense lawyers contended that
the sums paid to Bioff and Browne were straight bribes to influence their
actions as union officials, and not an extortion plot involving the
defendants. It was shown that Bioff was on friendly terms with the producers,
despite the fact that he was extracting huge sums of money from them. They
deferred to him, entertained him in their homes, and wined and dined him on
lavish trips to Europe-all at company expense, of course. The money expended
in this manner was not denied, but the jury refused to swallow the bribery
defense. At one point when Bioff was telling how frightened the producers
were during the shakedown negotiations, he was asked if they were afraid that
the money they paid him was a bribe, making them liable to prosecution. Bioff
said he didn't know anything about that. Didn't lie know that under New York
law it was a criminal offense to offer a bribe to a union official to
influence his action?


"No, I didn't know that," Bioff replied. "I wish I had. I could have used
that."

"How?"

"Why, to get more money out of them. That would have given me another hold on
them."

Boasting of his talents as a chiseler, Bioff told, among other things, how he
obtained $5,000 worth of furnishings for his new Hollywood home from Leo
Spitz, RKO executive.

"I hadn't collected the money his company owed us and I figured I might as
well get something out of them," said Bioff. "So I went to Leo and I said,
'Leo, 1 gotta have some drapes and other things for my new home and I thought
maybe you could get them for me wholesale through RKO's purchasing
department.' Of course, I didn't intend to pay for them," he added
parenthetically.

"Did you get the furnishings?"

"Yes, but unfortunately I am still charged with them and I understand they
are going to sue me now."

"Did you get any other gifts?"

"No, but I hinted."

"Did any of these defendants get any share of those gifts?"

Bioff flashed the gangsters a triumphant smile. "No, sir!" he replied.
"That's one spot where I beat them."

Bioff said that once when things looked tough he threatened  to quit the
racket. The mobsters told him that anybody who resigned from the syndicate
resigned from life as well. "That is why I never resigned," he said.

Bioff's fears were justified. The gang's rule of the union was marked by
warfare in the old Chicago style. Tommy Malloy, tough business agent of Local
110  of the union, balked at splitting his take with the mob, and was
promptly and permanently removed. In February, 1935, Malloy was shot to death
with sawed-off shotguns. Clyde Osterberg, who tried to organize apprentice
operators in defiance of the gang's ruling, was eliminated in a similar
manner. Fred Blacker, nicknamed Bugs because he scattered bedbugs in the
theaters of recalcitrant exhibitors, was killed when the gang felt that he
was on the verge of talking.

The fear instilled in the movie producers was described by Major Albert
Warner, vice-president and treasurer of Warner Brothers. Knowing the
background of these people, Warner said, he was afraid of personal injury as
well as property damage when Bioff first approached the producers in 1936.
Warner and other executives testified that they did not feel that they could a
fford to fight the union and the gang behind it.

The ever-present subject of political influence cropped up several times in
Bioff's long-winded recital, but was never developed by the prosecution. In
1937 the California legislature began to investigate labor conditions in the
movie industry. Bioff claimed in court to have paid $5,000 to a certain
Colonel William Neblitt, an influential California politician and law partner
of the late Senator William G. McAdoo, presumably to arrange a quick end to
the legislative inquiry. Bioff's accusation was never followed up, but in
1941 Colonel Neblitt sued some twenty-five defendants—Bioff among them-for
malicious and unfounded attacks." "Good old honest Colonel Neblitt," as Bioff
facetiously termed him in court, lost the case.

Usually Bioff and Browne had to threaten the movie executives into buying
protection and cooperation. In at least one instance, however, a theater
executive took the initiative and sought out the services of Bioff. It was
another case of a businessman eager to sit down with the lowest type of
criminal in order to obtain some financial advantage. This particular
executive was so anxious for the opportunity that he secured the services of
a prominent lawyer with high political connections to arrange a meeting with
Bioff.

Bioff swore in court that Sol Rosenblatt, a New York lawyer, formerly general
counsel to the Democratic National Committee and administrator under the NRA
for the movie industry, received 25 per cent of a $25,000 bribe paid to him
(Bioff) in 1937 by George Skouras of the Fox theater chain in New York. "It
was a bribe, Sir, and a welcome one," was the way Bioff put it. He said that
Rosenblatt invited him to a meeting with Skouras in Rosenblatt's plush New
York office. There Rosenblatt told Bioff that Skouras was in a "kind of
trouble" and that perhaps Bioff could remedy it. Bioff's nose for money began
to twitch. just what was Mr. Skouras's trouble? Skouras explained carefully.
He operated a chain of eighteen movie houses, similar to a rival chain, the
Frisch-Rintzler outfit in Brooklyn. They showed the same kind of pictures at
the same time, even dealt with the same banks. But there was a difference
which Skouras found embarrassing. The competing chain was able to operate its
projection booths for $60,000 a year less than it cost Skouras. The banks
were chiding him for this seeming extravagance and inefficiency. If Bioff
could put the competing chain on a "comparable basis" it would be worth
$50,000 to Skouras. Bioff complied. His method was characteristically direct
and unorthodox.

"As a result of that conversation I called up the heads of the
Frisch-Rintzler circuit and increased their scale $60,000 a year," testified
Bioff, the great equalizer, in court. That was

his idea of a comparable basis, but Skouras was "a little disappointed,"
Bioff admitted. It wasn't quite what Skouras had in mind and he didn't think
the method was worth $50,000, SO they compromised for $25,000.

"And you got 75 per cent of this $25,000?"

"Yes, Sir."

"And did Sol Rosenblatt get the other 25 per cent?"

"I believe he did."

"That was his fee?"

"Yes, Sir."

Bioff said that his share, in cash, was delivered to him by Rosenblatt.

Christmas presents for "the boys" in Chicago came high that year, 1937, and
the Hollywood producers played Santa Claus. Bioff was the collector,
explaining that "the boys" would be expecting something for Christmas and
that he didn't want to disappoint them. It might not be safe. He said he
collected a Christmas fund Of $7,500 from Harry M. Warner, president of
Warner Brothers.

Bioff gave a succinct picture of what he had in store for the cowed Hollywood
producers had not the government interrupted his plans. "Given time," he
volunteered, "I would have got, first, 20 per cent of all the profits and
eventually a 50 per cent interest in the studios themselves. The producers
had to dance to my music."

Bioff's brother-in-law, Norman Thaw Nelson, shed some more light on the
manner in which the extortion payments were covered up on movie-company
books. From June, 1937, until early in 1939, he was the nominal recipient Of
$77,448 paid to him through a film agency, but he actually kept only $125 a
week for himself. Ostensibly the money was for commissions on the sale of raw
film to Metro-Goldwyn-Mayer; actually it was a bookkeeping device to conceal
payments to Bioff. Nelson got the money as a collector for Bioff. It was paid
through the firm of Smith & Allar, Ltd., distributors of motion-picture film.
Nelson was introduced to one of the agency officials by Louis B. Mayer,
production chief of M-G-M, who said, "This is Mr. Bioff's brother-in-law. I
want you to put him in the film business." Thereafter Nelson collected weekly
checks for Bioff totaling from $2,000 to $3,500 a month.


Six of the Capone gangsters and Kaufman, the Newark union official, were
convicted after a trial of six weeks. D'Andrea, DeLucia, Campagna, Gioe,
Maritote, and Roselli were sentenced to ten years each in Federal prison and
fined $10,000 each. Kaufman got seven years and a fine of $10,000.
Commentino, on the verdict, Judge John Bright, the trial judge, said, "I
think the evidence showing the guilt of these defendants was practically
undisputed. None of them, with the exception of Kaufman, was a union member.
The evidence, in my opinion, amply sustains the verdict."

But how long can big-time gangsters be kept in prison, once the law is lucky
enough to obtain evidence sufficient to send them up? Not long, if they have
the wealth, power, and influence of the Capone mobsters. Four of them,
D'Andrea, DeLucia, Campagna, and Gioe, were released on parole by the Federal
Parole Board on August 13, 1947, after serving the bare one-third minimum of
their sentences required to make them eligible for parole.

The action provoked a national scandal. Charges of political influence were
bandied about. The names of President Truman and Tom Clark, then Attorney
General and now a justice of the United States Supreme Court, were mentioned,
although, of course, it was never established that they knew anything about
the paroles or about the political pressure exerted in behalf of the
gangsters. A House subcommittee investigated, taking testimony in Chicago.
Representative Clare Hoffman of Michigan, Republican chairman of the
subcommittee, charged that President Truman and Attorney

General Clark had refused to help the inquiry into the paroles.

The committee learned that Mr. Truman's friend and onetime campaign manager,
Paul Dillon, a Missouri lawyer and politician, received a $10,000 fee from
gangster Campagna's wife for his professional services in getting Campagna
paroled.

Mrs. Campagna testified that she received a bill from Dillon in this amount
and paid him by cashier's check in November, 1947. Dillon told the committee
that lie went to Washington and appeared before the United States Parole
Board in Campagna's behalf. While in Washington he visited the White House
and was entertained by President and Mrs. Truman. Dillon denied that his
friendship with the President was used in connection with the paroles. He
said he had managed Truman's senatorial campaign in the St. Louis area in
1934.

On June 16, 1948, the House Expenditures Committee recommended that the four
Capone gangsters be sent back to prison and that their paroles be revoked. In
a carefully worded report the committee held that the paroles had been
improvidently granted, and identified two lawyers in the case as personal
friends of President Truman and Attorney General Clark. They were Dillon and
Maury Hughes of Dallas, Texas, who, the report said, were "in a position to
exert influence on those in authority." The committee conceded that it had
adduced no evidence whatsoever to indicate that President Truman had any
knowledge of the matter. They further stated that there was no evidence that
anybody had been bribed, but concluded that someone had spent big money to
get the gangsters released. The committee failed to learn the source of the
money.

As a by-product of the Congressional inquiry it developed that Campagna's
good fortune did not end with his being sprung from prison. In addition, some
good Samaritan settled the government's income-tax claim Of $500,000 against
him for $78,000, cash on the line. Gangster Campagna didn't know
 a thing about it, didn't know how much had been paid, or the source of the
money.

"Do you believe in Santa Claus?" demanded Representative Hoffman.

"Yes, I do," replied Campagna, dead-pan.

Campagna's lawyer, Eugene Bernstein, came forward with the information that
he had paid the $78,000 to settle the tax lien. Where did he get the money?
Bernstein's explanation was unique. People he didn't know just gave it to
him, that was all. "Eight or nine persons came into my office at different
times and plunked down $10,000 or so on my desk and said, 'This is for
Louie.' I gave them a receipt, but I don't know who they were," said
Bernstein. In January, 1948, Bernstein was indicted for making and conspiring
to make false statements to a government agency.

Without admitting that it had made a "mistake" or that it was acting on the
recommendation of the House Committee, the Federal Parole Board quietly
ordered the return of three Capone gangsters to prison, charged with
violation of parole.

Purged of the vicious influence of Browne and Bioff and the Capone gang, the
International Alliance of Theatrical Stage Employees now enjoys a good
reputation as a labor union, although it has been involved in some violent
jurisdictional strikes; that is, disputes for power with rival unions. There
has been no evidence of continued gangsterism in the union. It regards the
Hollywood extortion conspiracy as a black page in its history. It does not
apologize, but cites its past as an example of what can happen to a union
when criminals manage to obtain control. Since the union leadership has
turned over a new leaf, the rank and file has benefited in higher wages and
better all-around working conditions.

Browne and Bioff, those noted labor leaders, never earned their membership a
plugged nickel-by their own admission.

A question that never can be answered is whether the Hollywood tycoons might
have withstood the onslaught of Browne, Bioff, and Co. had they made a real
effort to call the racketeers' bluff in the very beginning. As is too often
the case, these powerful and vastly wealthy businessmen allowed themselves to
be pushed around and intimidated by a couple of two-bit hoodlums rather than
risk the possibility of foregoing a little profit.

pps. 14-33
--[cont]--
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All My Relations.
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