(The Houston Chronicle posted the following story on its website on September 15.)
HOUSTON — The current and former presidents of the nation’s largest railroad operating union pleaded not guilty Monday in a federal court in Houston to accusations that they sought bribes from attorneys in return for access to union workers injured on the job.
Byron Alfred Boyd Jr., 57, of Seattle, Wash., international president of the United Transportation Union, and retired President Charles Leonard Little, 69, of Leander, were released on $100,000 bond after pleading before federal Magistrate Judge Marcia Crone.
John Russell Rookard, 57, of Olalla, Wash., Boyd’s assistant, also was released after pleading not guilty and posting a $100,000 bond. Ralph John Dennis, 51, of Boone, Iowa, former union director of insurance, is scheduled to appear before Crone today at 2 p.m.
The four were indicted last week by a federal grand jury on charges of racketeering conspiracy, mail fraud, wire fraud and commercial bribery in connection with an alleged scheme to solicit bribes from attorneys who sought special access to union members.
The indictments follow a five-year investigation that began in Houston.
If convicted, they face up to 20 years in prison and a $250,000 fine on each racketeering charge and 10 years and a $250,000 fine for each of mail fraud charge.
Prosecutors also are seeking the seizure of at least $477,100 in cash proceeds from the alleged scheme. If the money has been disposed of, prosecutors intend to seize personal property of equal value, according to the indictment.
“We cannot and will not tolerate union officials who abuse their positions of trust for personal gain,” U.S. Attorney Michael Shelby said.
The union, with headquarters in Cleveland, Ohio, has about 125,000 members nationwide in the railroad, bus, mass transit and airline industries.
In a statement issued by the union, Boyd said, “I have every intention to pursue this matter to a final and full conclusion that completely exonerates me.”
Boyd’s attorney, Robert Sussman, said his client would continue as president while fighting the charges.
David Gerger, attorney for Little, and Cary Feldman, attorney for Rookard, also said their clients would be vindicated.
All three surrendered voluntarily early Monday at the FBI office in Houston.
The indictment alleges that as president, Boyd and Little had the authority to determine the attorneys included on the union’s designated legal counsel list, an allegedly coveted designation because it gave attorneys easier access to injured union members in potentially lucrative damage suits.
The 1908 Federal Employers Liability Act allows unlimited damages for railroad workers because their jobs are so hazardous.
Although any lawyer can represent an injured railroad worker, those on the designated legal counsel list were given union membership, which means access to otherwise closed union meetings, and the imprimatur of the union.
The indictment alleges that the four union officials met secretly with attorneys to solicit and receive bribes for inclusion on the designated legal counsel list and for remaining on the list. Boyd and Little also allegedly solicited thousands of dollars in cash for their union presidential campaigns.
Of the 56 designated legal counsels listed on the union’s Web site, six are in Texas and five are in the Houston area. Texas has more than any other state except Illinois, which has seven.
Assistant U.S. Attorney Edward Gallagher said that the FBI began the investigation in Houston in 1999, but the designated legal counsel list has changed constantly during the investigation.
He told Crone that all attorneys on the designated legal counsel list were potential witnesses.