The opinion of the court was delivered by: CAHN
In a four count indictment the government has charged the defendant, Augustine A. Salvitti, with violations of the Hobbs Act, 18 U.S.C. § 1951. Pursuant to a waiver by the defendant, I tried the matter without a jury. Although Fed.R.Crim.P. 23(c) does not require specific findings unless a request is made, I nevertheless make the following:
1. At all times material to the allegations in the indictment the defendant was Executive Director of the Redevelopment Authority of the City of Philadelphia (Redevelopment Authority).
2. In the spring of 1974 the defendant inquired of one John Hassett whether he would be interested in doing consulting civil engineering and surveying work for the Redevelopment Authority. John Hassett at that time was and continuously to the present has been employed full-time by the City of Philadelphia as a surveyor.
3. John Hassett replied to the defendant that he would be interested. Thereafter John Hassett discussed this opportunity with his brother, Vincent Hassett, who was also employed by the City of Philadelphia as a surveyor.
4. Because the amount of work anticipated was too large for the Hassett brothers to perform, they made arrangements to associate themselves with a surveying and civil engineering firm known as Kissane-Leddy & Associates, Inc. (Kissane-Leddy).
5. Kissane-Leddy is a corporation organized under the laws of the State of New Jersey with a corporate office in that state.
6. In July of 1974 John Hassett, Vincent Hassett, William Kissane, Emil Iannelli, and the defendant met in the defendant's office. The defendant introduced John Hassett, Vincent Hassett, and William Kissane to Emil Iannelli as the engineers who would be "taking over." At that time Emil Iannelli was the Deputy Executive Director of Technical Services at the Redevelopment Authority.
7. On July 19, 1974, the defendant wrote to John Hassett advising him that Kissane-Leddy had been awarded a $ 140,000 contract for consulting engineering services to be performed between July 1, 1974, and June 30, 1975 (first contract). The defendant's secretary typed the letter and since the defendant possessed no other address for the firm, the letter was sent to John Hassett's home. Although work under the contract had commenced as early as July, 1974, it was not until October of 1974 that the Redevelopment Authority executed a formal contract with Kissane-Leddy.
8. As a result of the award of this contract:
(a) Vincent Hassett resigned his employment with the City of Philadelphia and became an officer and full-time employee of Kissane-Leddy.
(c) Kissane-Leddy engaged a number of additional employees.
(d) Kissane-Leddy purchased engineering equipment and office supplies from New Jersey suppliers for use in its Philadelphia office.
9. On two occasions the Redevelopment Authority amended the contract for 1974-1975 to increase the amount payable to Kissane-Leddy for consulting ...