United States v. Fazio, No. 12-3786 (2d Cir. 2014)Annotate this Case
Defendants appealed their convictions for racketeering conspiracy, racketeering, extortion, and receiving unlawful labor payments. Defendants' convictions stemmed from their demands for money from union members by using threats of economic and physical harm. The court held that the district court did not err in admitting evidence of witnesses' beliefs that defendants were connected to organized crime; declining to give Defendant Fazio Junior's requested jury instructions that refined the distinction between a bribe to obtain a preferential treatment and an extortion payment made out of fear of economic loss; and dismissing Juror No. 5 where the juror continued to violate the instructions of the court such that the district court had reasonable cause to believe that the juror could no longer serve according to her oath. The court considered defendants' remaining arguments and found them to be without merit. Accordingly, the court affirmed the judgment of the district court.