[Congressional Record (Bound Edition), Volume 146 (2000), Part 18]
[Extensions of Remarks]
[Pages 26339-26341]
[From the U.S. Government Publishing Office, www.gpo.gov]



                    AN AFFIDAVIT BY MICHAEL TERLECKY

                                 ______
                                 

                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                       Tuesday, December 5, 2000

  Mr. TRAFICANT. Mr. Speaker, today, I am submitting an affidavit by 
Michael Terlecky of Mahoning County for the Record. The affidavit, 
signed and sworn on the fourth of December, 2000, alleges, Federal 
Bureau of Investigation knowledge and participation in illegal gambling 
activities and other mob related activities.
  Terlecky, as a Mahoning County Deputy Sheriff, worked exclusively 
with the Youngstown Police Department Special Investigations Unit (SIU) 
to raid and eliminate illegal gambling rings in the Mahoning Valley. He 
was removed from active duty in 1988 because of a physical disability.
  The affidavit alleges gross misconduct on the part of FBI agents 
Robert Kroner and Larry Lynch. He points to the pressure that was 
placed upon any law enforcement officer who challenged the illegal 
activities of James Prato and Joey Naples. Prato and Naples, both local 
Mafia bosses, ran illegal gambling operations in Youngstown. Rival 
factions were hit hard by raids while the Prato/Naples operations were 
left alone. Terlecky alleges Agents Kroner and Lynch attempted to 
control his gambling raids so that there would be no interference with 
the Prato/Naples operations.
  As the affidavit illustrates, Terlecky was manipulated and 
neutralized by the local FBI agents' efforts to protect the FBI's 
participation in illegal activities. Michael Terlecky was dangerous to 
the local FBI. He was also an unlucky man for having stumbled upon the 
connections of the Prato/Naples faction and the FBI. For this, he was 
later indicted and convicted for taking a bribe from another mob boss. 
Lenine Strollo.
  In that trial, Terlecky's attorney was Stewart Mandel. Mandel was a 
former U.S. attorney within the Justice Department. Following the 
trial, Mandel became a business partner of mob boss Lenine Strollo for 
a company in Conneaut, OH. Think about it. Whose interest was Mandel 
representing, Michael Terlecky or his business partner and mob boss 
Lenine Strollo?
  In subsequent hearings, Lenine Strollo admitted that he never paid 
Michael Terlecky

[[Page 26340]]

bribe money. Furthermore, Mandel was indicted and convicted of income 
tax violations associated with Strollo.
  It is clear that Michael Terlecky was innocent of the charges against 
him and that even his attorney had a conflicting interest in helping 
him. He was thrown to the wolves while the real perpetrators went 
unpunished. I will continue to investigate the FBI's knowledge of 
illegal mob related activities, including the activities of Agents 
Kroner and Lynch. Also, I have submitted a request to the President for 
a full pardon of Mr. Terlecky's conviction. His name deserves to be 
exonerated.
  The Terlecky affidavit is being submitted today to the Congressional 
Record as supporting documentation for my bill H.R. 4105, ``The Fair 
Justice Act.'' This bill would create an agency to oversee the U.S. 
Department of Justice and prosecute those involved in any wrongdoing. 
Today, when something is amiss in the Justice Department, it 
investigates itself, much like the fox guarding the henhouse. An 
independent oversight agency would eliminate the conflict of interest 
that exists today when wrongdoing occurs in the Justice Department.

  State of Ohio, County of Mahoning: Affidavit of Michael S. Terlecky

       After having been duly sworn in accordance with law, I, 
     Michael S. Terlecky, hereby depose and say:


                                SUMMARY

       The statements made in this affidavit can be summarized as 
     follows:
       During a span of time before March 21, 1998 while I was an 
     active Mahoning County deputy sheriff I obtained actual 
     knowledge that certain Federal Bureau of Investigation agents 
     illegally obtained, controlled, suppressed, manipulated, 
     falsified and tainted evidence. Under the law they abused 
     their authority within the United States Department of 
     Justice when they concealed the illegal activities of 
     organized crime, their motive being, unjust and unlawful 
     enrichment.
       These same agents, by means of the abuse of their Federal 
     power, controlled and manipulated local police agencies to do 
     their bidding. That bidding being, the elimination of any 
     illegal competitive opposition for the gangsters with whom 
     they had aligned themselves with.
       These same Federal Bureau of Investigation agents, with 
     deliberate indifference, risked the lives of officers of the 
     law while they themselves were breaking the law. These same 
     agents, with deliberate indifference of the trust, allowed 
     me, an officer of the law to be falsely imprisoned so that I 
     could not timely reveal the truth.
       1. I am more than eighteen years of age and a resident of 
     Mahoning County, Ohio.
       2. I became a Mahoning County, Ohio deputy sheriff in 1977.
       3. While I was on active duty as a Mahoning County Deputy 
     Sheriff I exclusively worked with the Youngstown, Ohio Police 
     Department's special investigations unit. One of my main 
     duties was to investigate and arrest people for illegal 
     gambling activity.
       4. Because of a physical disability I was taken off active 
     duty as a deputy sheriff on March 21, 1988.


                            TRAFICANT TAPES

       5. During the trial United States of America vs. James A. 
     Traficant, Jr. That took place during 1983 the United States 
     Assistant Attorney submitted into evidence audio tape 
     recordings. These audio tape recordings contained the voice 
     of James A. Traficant, Jr. and the voices of Charlie and 
     Orlie Carrabbia. These audio tape recordings were submitted 
     into evidence in support of an attempt to have James A. 
     Traficant, Jr. convicted and sent to prison. These audio tape 
     recordings became known as the ``Traficant tapes''.
       6. In the immediate above mentioned trial, Federal Bureau 
     of Investigation Special Agent (FBI SA) Robert Kroner gave 
     testimony as a prosecution witness. FBI SA Robert Kroner 
     testified under oath that the ``Traficant tapes'' were found 
     in a bread box in Joe Derose's apartment in Pittsburgh, 
     Pennsylvania. I have personal knowledge that FBI SA Robert 
     Kroner lied about the ``Traficant tapes'' being found in a 
     bread box in Joe Derose's apartment in Pittsburgh, 
     Pennsylvania.
       7. The so called ``Traficant tapes'' were found by Mahoning 
     County, Ohio Deputy Sheriff Frank Tomaino and me in Joe 
     Derose's apartment in Canfield, Ohio during a multiple 
     shooting investigation by Frank Tomaino, Joseph Rinko and me.
       8. What took place just before the ``Traficant tapes'' were 
     found was as follows: Mahoning County Deputy Sheriffs Joe 
     Rinko, Frank Tomaino and I were present the night just after 
     Joe Derose and a woman were found shot in Joe Derose's 
     apartment in Canfield, Ohio. After we removed weapons from 
     the apartment we wrongly continued to search the apartment. 
     We had plenty of time to get a search warrant. As I was 
     searching the apartment without a search warrant I found a 
     locked closet. I wanted to know what was inside the closet so 
     I used my American Express credit card to ``jimmy'' the lock. 
     After entering the closet I found audio cassette tapes in 
     plastic containers that were labeled Jim Traficant. At the 
     time I did not know the significance of these cassette tapes, 
     nor did I know Jim Traficant. The Federal Bureau of 
     Investigation then took over the case.
       9. I believe that the reason why FBI SA Robert Kroner lied 
     about finding the ``Traficant tapes'' in Joe Derose's 
     Pittsburgh, Pennsylvania apartment is because he didn't know 
     who listened to the audio tapes after I found them in the 
     presence of Frank Tomaino. Additionally, the audio tapes were 
     found without obtaining a search warrant. I do not feel that 
     I broke any laws in the way I found the audio tapes. However, 
     I feel that I was ethically wrong. The shootings took place 
     in a parking lot outside Joe Derose's apartment on Indian Run 
     Road, Canfield, Ohio which was video camera recorded from a 
     telephone pole. The video camera was put there by the FBI. 
     The FBI said the video camera was not working because it was 
     struck by lightning. To prove the video camera was not 
     working they presented a repair receipt for the video camera.


                 Robert Kroner's Obstruction of Justice

       10. I had a reliable informant for months. He called me on 
     the telephone one night to inform me that someone in 
     Struthers, Mahoning County, Ohio who wanted to pay me a large 
     amount of money if I would not include certain places in my 
     raid on illegal gambling facilities. My informant asked me to 
     meet with him in a donut shop on Youngstown-Poland Road.
       11. Because this informant told me months before that he 
     was an informant for FBI SA Robert Kroner, I didn't trust 
     him. Therefore, before I met with this informant I telephoned 
     the Youngstown, Ohio Police Department's special 
     investigations unit (SIU). I spoke with Officer Robin Lees 
     requesting that I be ``wired'' when I met and spoke with this 
     informant at the donut shop. I felt that I could be ``set-
     up''. Officer Robin Lees agreed to me being ``wired'' and 
     said he would help me.
       12. While I met with my informant Officer Robin Lees, 
     another officer named Guzzy and four other officers were 
     parked in a van across the street tape recording everything 
     my informant told me over a 30 to 40 minute period of time. 
     The main topic of what my informant told me was the setting 
     of a meeting with individuals in Struthers, Ohio who wanted 
     to give me money so they could relax on weekends knowing that 
     I wouldn't be around with my gambling raiding team arresting 
     people for illegal gambling. My raiding team had recently 
     raided over 12 establishments. Because Charlie Carabbia was 
     now missing, Joey Naples, along with the Pittsburgh, 
     Pennsylvania organized crime family controlled Struthers, 
     Ohio with only few negotiated exceptions.
       13. Immediately after my meeting with my informant Robin 
     Lees gave me the audio tape recording of my informant and my 
     meeting. Because it was late in the day and because I never 
     had a key to the evidence locker at the Mahoning County 
     Sheriff Department the S.I.U. put the audio tape recording in 
     their evidence locker for me so that I could use it as 
     evidence later.
       14. Sometime between the night the audio tape recording was 
     placed in the S.I.U. evidence locker and the next day, Robin 
     Lees contacted FBI SA Robert Kroner and informed him about my 
     meeting with my informant, the audio tape recording and the 
     plans of the investigation which included the ``payoff'' 
     meeting in Struthers, Ohio by members of the Pittsburgh, 
     Pennsylvania Mafia family.
       15. Shortly after, my informant telephoned me. In an irate 
     tone of voice he told me he was angry with me because I wore 
     a ``wire'' during our conversation at the donut shop. He also 
     informed me that FBI SA Robert Kroner telephoned him to tell 
     him that he had the audio tapes and that if he helped me in 
     any way that he would be indicted.
       16. After the above mentioned telephone conversation with 
     my informant I went to the Mahoning County, Ohio Prosecutor's 
     Office and met with Assistant Prosecuting Attorney Bailey. I 
     gave him the facts in support of FBI SA Robert Kroner's 
     obstruction of justice. Assistant Prosecutor Bailey began 
     creating an arrest warrant for me but stopped when I informed 
     him that Robert Kroner was an FBI Agent. Assistant Prosecutor 
     Bailey invited me to present my evidence to a grand jury. I 
     declined because if I received a ``no bill'' my life and the 
     lives of my family would be in danger.
       17. I then went to the Youngstown Police Department's 
     Internal Affairs Office where I filed a complaint against 
     Officer Robin Lees because he gave the audio tape recording 
     to FBI SA Robert Kroner, which put my life in danger. 
     Internal Affairs Officer Lewis refused to help me. However, 
     FBI SA Robert Kroner returned the audio tape recording to 
     Officer Robin Lees who in turn attempted to give it back to 
     me. I refused to accept the audio tape recording because of 
     the break in the chain of custody of evidence and because of 
     the potential altering of evidence. Officer Lenny Skelinski 
     got the audio tape recording, along with a copy of a receipt 
     signed by Officer Robin Lees. Officer Lenny Skelinski put the 
     audio tape recording in the Mahoning County Sheriff 
     Department's evidence locker and logged it in as evidence.

[[Page 26341]]

     FBI SA Robert Kroner wanted me neutralized.
       18. I then contacted the Office of Professional 
     Responsibility in Washington, DC, and informed them of FBI SA 
     Robert Kroner's illegal actions, those being the obstruction 
     of justice.
       19. Based on my personal experience, the hereinabove 
     written and information given to me by Youngstown, Ohio 
     Police Department's SIU Officer Joe Krupa, who was a senior 
     member of the SIU, who I trusted that the Youngstown Police 
     Department did not conduct gambling raids or sports betting 
     raids, I concluded that FBI SA Robert Kroner and FBI SA Larry 
     Lynch, through the Youngstown Police Department, other 
     sources and its special investigations unit attempted to 
     control my gambling raids so that I could only arrest the 
     opposition for who the FBI had allied with their ally being 
     Joey Naples. SIU officer Joe Krupa, in my opinion, was an 
     honest police officer who went ``by the book'' which 
     compelled me to help him.
       20. I assert that FBI SA Robert Kroner telephone 
     conversation with my informant during which he informed by 
     informant that I was wearing a ``wire'' at the donut shop 
     could have gotten me killed. I further assert that FBI SA 
     Robert Kroner abused his Federal power to serve his personal 
     interest. On or about March 21, 1988, close to midnight, I 
     was shot at, at point blank range by a person with a 12-gauge 
     shotgun while I was in my unmarked official vehicle. The shot 
     barely missed me. The headrest directly to the right of my 
     head was severely damaged from the shotgun blast. After this 
     incident I was diagnosed as having chronic stress disorder. I 
     was not permitted to return to work. One month later I was 
     indicted for violation of Federal Rico statutes. The person 
     who shot at me with a 12-gauge shotgun was never identified 
     or found. I realized at this point that I was ``over my 
     head'' with no one to help me. I could not seek help from the 
     FBI because certain FBI agents could not be trusted. I do not 
     have total mistrust of the FBI. I only mistrust certain local 
     FBI special agents who I believe are under the control of 
     organized crime.


                          THE LOUNGE INCIDENT

       21. During the 1980's a restaurant known as the Gatsby 
     Lounge in Austintown, Mahoning County, Ohio was frequented by 
     a higher class of drug dealers. A person who went to the 
     Gatsby Lounge fell under my narcotics surveillance. This 
     person talked to Chief Frank Carbon who in turn talked to me. 
     Chief Frank Carbon informed me that the person who I had 
     under surveillance at the Gatsby Lounge wanted to pay me 
     2,000 per month to ``back off'' his establishment ( a 
     Lebanese restaurant and known drug house in Austintown 
     Township which I closed down one week earlier). If $2,000 was 
     not enough I was to let him know. I suspected that the person 
     who I first saw at the Gatsby Lounge was dealing drugs 
     because of the amount of the attempted ``payoff'' and 
     surveillance of this person being seen with known drug 
     dealers.
       22. Having been informed of the attempted ``pay off'' I 
     informed Mahoning County, Ohio Sheriff Nemeth of the 
     attempted ``payoff'' who told me to give the information to 
     the FBI. I had reservations about giving the information to 
     the FBI. After some delay I gave the information about the 
     attempted ``payoff'' to FBI SA's Friedman and Plunkett. Both 
     agents told me not to do anything because they already had an 
     FBI agent from the Pittsburgh, Pennsylvania office working 
     undercover at the Lebanese drug house. I didn't believe what 
     FBI SA's Friedman and Plunkett told me because FBI agents do 
     not tell other FBI agents what operations they are working 
     on. Therefore, the immediate question in my mind was. Why 
     would they tell me about a current operation? I wanted away 
     from these FBI agents without them knowing I wanted away from 
     them.
       23. During the same conversation with FBI SA's Friedman and 
     Plunkett, Plunkett again lied to me when he told me that he 
     did not know an informant by the name of Bobby Armstrong I 
     knew he knew about Bobby Armstrong because of a conversation 
     I had with him five (5) years ago about Bobby Armstrong. I 
     then asked myself what am I doing with these people? 
     Something is wrong here!


                           FBI CONTROLLED SIU

       24. SIU Officer Joe Krupa secretly asked me to submit for 
     approval of a search warrant to be served on the Diamond 
     Tavern in Campbell, Mahoning County, Ohio which at the time 
     was the illegal numbers hub for the whole organization. I 
     received approval for the search warrant. I personally 
     invited Special Agent Don Harris of the Internal Revenue 
     Service to accompany us on this raid. I did this to Protect 
     Officer Krupa and me from future retaliation because this was 
     a Joey Naples' stronghold.
       25. I took Internal Revenue Agent Don Harris with me to the 
     Diamond Tavern along with approximately 15 officers from 
     Youngstown Police Department's SIU and Mahoning County 
     Sheriff's Department, Lowendowsky who used a camera to film 
     the serving of the search warrant and any arrests. FBI SA 
     Robert Kroner later told me that the only reason I ``hit'' 
     the place was to increase my monthly ``package.'' Robert 
     Kroner should have known better than to make an allegation 
     like that because if I was going to put pressure on a place 
     like the Diamond Tavern why would I bring an IRS agent with 
     me? How could I possibly fix something where the IRS was 
     included? Indirectly, I found that FBI SA Robert Kroner knew 
     this was a Joey Naples operation and was upset with me for 
     raiding the Diamond Tavern.
       26. Youngstown Police Department Officer Joe Krupa, a 
     member of the SIU informed me that SIU was working with FBI 
     SA Robert Kroner and FBI SA Larry Lynch. SIU officer gave me 
     the illegal gambling targets to raid. It was quite apparent 
     that the targets I was given by SIU to raid where limited to 
     people and establishments involved in illegal numbers gaming 
     and small football pools. The SIU did not raid illegal sport 
     betting operations nor did they ask for my assistance in 
     raiding large illegal sport betting operations. The main 
     target of the Youngstown Police Department SIU and FBI was 
     the illegal numbers operation of Michael ``Syrak'' 
     Serrecchio, a one time Joey Naples rival. I continued to 
     arrest people for sports betting. What appeared strange was 
     the Youngstown Police Department's SIU would be involved in 
     every raid except the raids conducted in their own city. FBI 
     SA Robert Kroner controlled and suppressed information, 
     manipulated both the SIU and me to conduct only certain 
     gambling arrest raids, none of which were directed at Joey 
     Naples' illegal gambling enterprise. At the time it was 
     common knowledge that Lenny Strollo and Joey Naples were 
     growing apart because Lenny Strollo was against narcotics 
     while Joey Naples was involved in narcotics. It should also 
     be noted that at this time Randall Wellington was also chief 
     of police of Youngtown, Ohio, and a personal friend of FBI SA 
     Robert Kroner.


                          INDICTED & CONVICTED

       27. I was indicted and convicted for taking a bribe from 
     Lenny Strollo. I never took a bribe from Lenny Strollo or 
     anyone else. This fact was revealed during a subsequent and 
     related plea bargain hearing in which Lenny Strollo under 
     oath testified that he never paid me a bribe. I also learned 
     after my conviction that my attorney Stewart Mandel was 
     associated with Lenny Strollo. My attorney, Stewart Mandel, 
     might have acted for the benefit of others to help them so 
     that I could not timely reveal the hereinabove written, the 
     truth. Stewart Mandel was later indicted and convicted of 
     income tax violations in connection with Lenny Strollo. I 
     still believe Stewart Mandel is a good attorney who I 
     consider a friend.
       28. James A. Traficant, Jr., and I were never political 
     allies. However, I have always respected him, therefore, I 
     give my permission to him to use this affidavit in any way 
     that he deems appropriate.

     

                          ____________________