Victor Clemente belonged to a family of successful businessmen. His brother, G. C. Clemente was a municipal contractor. Between 1946 and 1952, G. C. Clemente received twenty-five contracts from New York City. Only three businessmen received more contracts. Albert Clemente belonged to this fortunate three. He received thirty-seven contracts and was second only to his brother, Victor Clemente, who accumulated fifty-four contracts.
The Clemente brothers received one hundred sixteen contracts out of three hundred eighty nine. These contracts represented 29.8% of municipal awards. However, the Clemente brothers were 4.7% of the sixty-four competing contractors. Political and social connections explained these disproportionate figures. Former New York City Councilman and Representative Louis Gary Clemente was a relative.
Victor Clemente lived in a pleasant neighbor at 115-28 131st Street, South Ozone Park. While he was vacationing in Europe, a cloudburst on August 17, 1952 overloaded the sewers of Laurelton and caused the overlying pavement to collapse. Victor Clemente built this sewer and employed the Robert Tufano Contracting Corporation to install the pavement.
The day before Victor Clemente returned to New York City, Commissioner of Investigations, James H. Sheils, subpoenaed his records. Initially Victor Clemente promised compliance. After Judge William B. Groat extended the term of a Queens County grand jury to investigate Victor Clemente, he refused to surrender his books. United States Attorney, Frank J. Parker promptly announced he was asking the Bureau of Internal Revenue to examine income tax returns of Victor Clemente. Commissioner Sheils belatedly sought a warrant of confinement.
James H. Sheils enlarged his investigation. On September 30, 1952, Commissioner Sheils augmented his earlier subpoenas served on Victor Clemente and the Robert Tufano Contacting Corporation. He subpoenaed records going back as far as 1941 from fifteen contractors. The recipients of these subpoenas were Michael J. Ambrosio & Company, G. C. Clemente, Edgecliff Construction Corporation, Frank Evangelista & Son, Ralph Facciolo, A. Federico, Frank Franzese & Son, Gibraltar Construction Company, M&L Contracting Corporation, Millman&Nazzaro Construction Company, John P. Picone, Soviero Brothers Contracting Corporation, Spearin, Preston&Burrows and T and T Contracting Company.
On October 8, 1952, Justice Carroll G. Walter signed an order directing Victor Clemente to show cause why he should not comply with the subpoena to surrender his books to Commissioner Sheils. Vincent Bauso, a partner of Louis Gary Clemente, represented Victor Clemente. He argued the grand jury and federal tax investigations of Victor Clemente rendered compliance with the subpoena equivalent to self incrimination. On November 20, 1952, Judge Thomas A. Aurelio ruled in favor of Victor Clemente and denied the application for a warrant of confinement.
In January of 1953, the Queens County grand jury handed up a thirteen-count indictment charging Victor Clemente, his son Dominic Clemente, Robert Tufano, the Tufano Contracting Corporation and six municipal employees with conspiracy and fraud. The indicted employees were Francis S. Amrhein, George J. Brinkman, Walter C. Bullis, Bernard F. Fox, William P. O'Mara and John A. Nearly. Following the arraignment, Vincent Bauso withdrew from the case. Afterwards, Victor Clemente employed Michael Ruggiero of 81-42 Baxter Avenue, Elmhurst as counsel.
During March 1953, a twenty-three-count superseding indictment added four counts of bribery. The true bill named the same nine defendants as the earlier indictment.
On July 8, 1953, acting Borough President, C. Parke Masterson, asked the Board of Responsibility to investigate the low bidder on a Flushing sewer contract. C. Parke Masterson complained Gilbert Clemente ran the San Martino Construction Company of 81-42 Baxter Avenue, Elmhurst as a front for his father, Victor Clemente. Lorenzo Carpico was vice president, Michael Ruggiero served as secretary and Victor Clemente was estimator and purchaser. On August 13, 1953, the Board of Responsibility disqualified the San Martino Construction Company.
In October 1953, the Court set aside the superseding indictment. Judge Alfred J. Hofmann cited absences prevented a majority of jurors from hearing substantially all the evidence. District Attorney T. Vincent Quinn submitted the case to another grand jury and obtained his third indictment in January 1954.
During April 1954, they selected jurors for the trial. The prosecution opened its case in May 1954, took a summer recess and rested in March 1955. At this point the Court granted motions to dismiss indictments against Francis S. Amrhein and Bernard J. Fox. The acquitted had worked for the Bureau of Sewer Construction and were accused of approving fraudulent vouchers for payment.
The defense was brief and rested their case in May, 1955. After two weeks of deliberations the jury returned verdicts. On June 9, 1955, they convicted Gerald J. Brinkman, Walter C. Bullis, Dominic Clemente, Vincent Clemente and John A. Neary. The jury acquitted William P. O'Mara, an engineer who prepared payment certificates, and rendered no verdicts on Robert Tufano and the Tufano Contracting Corporation.
One week later, a federal grand jury indicted Victor Clemente for failure to report income of $64,810 for 1949, 1950 and 1951. They charged Victor Clemente used a check cashing service to hide his unreported earnings.
On June 20, 1955 Judge Alfred J. Hoffmann granted a motion by Chief Assistant District Attorney J. Wolfe Chassen to dismiss five indictments against Robert Tufano and the Tufano Contracting Corporation. J. Wolfe Chassen explained he could not have prosecuted the case without the testimony of Robert Tufano. Afterwards in September 1956, the Tufano Contracting Corporation received a $1,258,587 parking lot contract from the Port of New York Authority.
On June 21, 1955, Corporation Counsel, Peter Campbell Brown, announced filing a $363,963 civil suit against Gerald J. Brinkman, Walter C. Bullis, Dominic Clemente, Victor Clemente and John A. Neary. This civil action was in lieu of court-imposed fines.
The Court imposed sentences on August 30, 1955. Victor Clemente received 8 to 15 years. George Brinkman received a sentence of three to five years plus an indefinite term for committing perjury before the grand jury. John A. Neary and Walter C. Bullis received terms of two to four years. Illness of Dominic Clemente delayed his sentencing. Sydney Rosenthal appealed the convictions of Dominic and Victor Clemente.
In April 1958, Victor Clemente pleaded guilty to tax evasion charges and the Court continued him on bail. Finally on July 24, 1959, the seven-year ordeal of Victor Clemente ended on the Saw Mill River Parkway. He collided head-on with another car and perished.
