Johnny Doc has been convicted on federal charges for a second time. What’s next for the former labor leader?
A third trial still looms for Dougherty, formerly a one-man center of gravity in politics and organized labor in the region. And he and others from Local 98 will be sentenced in the coming months.
A federal jury on Thursday convicted former labor leader John Dougherty of embezzling, with others, more than $600,000 from Local 98 of the International Brotherhood of Electrical Workers, the union he led for 30 years.
The verdict marks Dougherty’s second federal conviction in two years, following the guilty verdict in his 2021 bribery trial alongside former City Councilmember Bobby Henon. But the conclusion of this latest case Thursday doesn’t mean that his legal woes are over.
» READ MORE: John Dougherty found guilty in union embezzlement trial, his second felony conviction in as many years
A third trial still looms for Dougherty, 63, formerly a one-man center of gravity in politics and organized labor in the region. And he and other Local 98 officials and allies will be sentenced in the coming months.
Here’s what’s on the horizon.
When will Dougherty be sentenced?
U.S. District Judge Jeffrey L. Schmehl set a sentencing date for Dougherty of March 20. Brian Burrows, his codefendant and Local 98′s former president, who was also convicted on most charges Thursday, will be sentenced March 21, the judge said.
» READ MORE: What the jury decided on each count in ex-Local 98 chief’s union embezzlement trial
Several of Dougherty’s codefendants in the Local 98 embezzlement case who pleaded guilty ahead of the trial last year — including Marita Crawford, former union political director; Michael Neill, former head of the union’s apprentice training program; Brian Fiocca, Dougherty’s nephew and onetime assistant; and Niko Rodriguez, another former assistant to Dougherty — are scheduled to be sentenced later this month.
How much prison time is Dougherty facing?
The most serious of the more than 60 counts on which Dougherty was convicted carries a maximum penalty of 20 years in prison. The same is true of the most serious charge on which the jury found Dougherty guilty in 2021.
But it’s likely he could end up serving far less time. For instance, Henon, who was facing the same maximum penalty, was sentenced to 3½ years in prison in March.
Burrows also faces substantial prison time, with the most serious charge on which he was convicted carrying a maximum penalty of five years.
What is Dougherty’s third trial about?
Dougherty is scheduled to stand trial in March on another set of charges — 19 counts of conspiracy and extortion — stemming from threats he allegedly made to a union contractor who employed his nephew Greg Fiocca.
According to the 2021 indictment, Dougherty installed his nephew as the union steward of a project run by contractor Raymond Palmieri and staffed by Local 98 workers. But contention quickly arose after Fiocca rarely showed up to work or completed his assigned duties, the government said.
» READ MORE: Philly labor leader Johnny Doc was indicted again, this time for threatening a contractor
When Palmieri and his employees cut Fiocca’s pay, prosecutors allege Dougherty’s nephew resorted to violence, grabbing a job site manager by the throat and throwing him onto a desk during an argument in 2019.
After that, prosecutors say, Dougherty threatened to pull all Local 98 workers from the project and told Palmieri he would thwart the contractor’s future attempts to work in the city. That same afternoon, three Local 98 representatives showed up at the job site, and while on the phone with Dougherty, allegedly informed the contractor’s staff that Fiocca would remain in his position and that nothing would change.
Fiocca continued to be paid until January 2021, despite what government lawyers described as ongoing job attendance issues.
The union chief’s spokesperson at the time of the 2021 indictment balked at the allegations.
“It’s not a prosecution,” he said. “It’s a persecution.”
Will Dougherty appeal this verdict?
Both Dougherty and Burrows vowed to appeal Thursday’s verdict. The ex-union chief’s lawyer, Greg Pagano, told reporters “there’s a lot more to litigate in this case.”
Dougherty has also promised to appeal his 2021 bribery conviction, which stemmed from the same indictment. His codefendant in that case, former City Councilmember Bobby Henon, launched his appeal before the U.S. Court of Appeals for the Third Circuit in September.
He’s argued that the $70,000 annual salary he received from Local 98 could not have been a bribe, as prosecutors described it during the trial, because Council rules allow members to hold outside employment.
The government, in a response filed last week, contends that it proved during the trial that Dougherty and Henon implicitly agreed that that salary was given in exchange for the councilmember performing official acts on behalf of the union leader.
The Third Circuit has not yet indicated when it might hear oral arguments in the case.
Speaking after Thursday’s verdict in the embezzlement trial, Burrows’ lawyer, Mark A. Kasten, questioned what the government had gained through its extensive investigation of his client and Local 98.
“After 10 years of this and millions of dollars, what did they do?” he asked. “They moved off the board a powerful union that fought for working people. And if you think the 4,700 members of Local 98 are better off today than they were before, then you’re fooling yourself.”
Prosecutors disagreed. “This is a case where all the members who paid these people salaries basically had their pockets picked by them,” said Assistant U.S. Attorney Frank Costello, “and we’re glad we could finally hold them accountable for that.”
Will Dougherty have to pay Local 98 back?
Dougherty, Burrows, and their other codefendants will almost certainly be ordered to pay restitution to Local 98. But exactly how much they will each have to pay will be decided by the judge during their sentencing hearings — a process that could become complicated.
Prosecutors and defense lawyers are likely to spar over which dinners, shopping trips, and concert tickets should be considered personal versus business expenses, and Local 98, too, is likely to weigh in on how much it believes the union is owed.
Ultimately, it will be up to Schmehl, the judge, to referee those fights and settle on a final restitution amount.