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Moser Construction Company Inc., Issue No. 2

April 2003

The Contractors Critic
Moser construction company, inc.

Reporting on Safety, Productivity, and Honesty in the Construction Industry.

Sordid Past, Litigation & Injuries

TERRY MOSER, PRESIDENT OF MOSER CONSTRUCTION, AND HIS PAST AS A CONVICTED ORGANIZED CRIME NARCOTICS TRAFFICKER

Before he took over as President of Moser Construction, Terry Moser’s 19 organized crime partners were known as "Bone Crusher," "Little Jew," and the "Dust King." They sold narcotics including cocaine to children. People died. Eventually, a Grand Jury indicted Moser for drug trafficking, "conspiracy to corrupt" and "engaging in organized crime." Court documents revealed numerous members involvement with, "conspiracy to corrupt," drug trafficking, "complicity to commit invol[untary] manslaughter," "complicity to commit aggrivated burglary," permitting drug abuse in vehicles and dwellings, and cocaine drug abuse.

Moser finally copped a plea of "no contest to the charge of engaging in organized crime," and "guilty of conspiracy to corrupt another with drugs." He was initially sentenced to four to twenty-five years in the Ohio State Reformatory at Mansfield, Ohio. There, he was no longer Terry Moser. Instead, he was R 110705.

Before the police painstakingly unraveled the twisted strands of Moser’s crime family, before narcotics agents smashed down doors and arrested the members of Moser’s crime gang and before the State of Ohio empanelled a Grand Jury that issued secret indictments against Moser and the others, Moser and his posse lived high and rich for a two-year spree.

They tore a wide swath through the law-abiding people of Summit County, Ohio, with their aliases, their new cars, and their drug houses. There was "Little Jew" and "Bone Crusher," "Chickie Paul," and "Shoes" Aiello, Sharon Briggs a.k.a. Sharon Knight, who was implicated in a death during a burglary. There was "Fat Frank" a.k.a. "Dust King" and Penelope Helms a.k.a. "Penny Shower."

The "Bone Crusher" a.k.a. Anthony Thomas, cruised the mean streets of Summit County without any worries, steering his new Cadillac along the dope routes when it was time to make deliveries. Jimmy Lee Rutherford, another trafficker in the dope ring, drove a year-old Oldsmobile while delivering his drugs.

Bone Crusher also ran a "Drug House." That is where the drug ring stored, bagged, weighed, prepared their drugs, and hid their stolen swag. They snorted their cocaine, smoked their marijuana, and partied all night with women. After enough cocaine and marijuana, they drifted into a haze. Then they laughed at the chumps – people with straight jobs.

While they made fortunes from selling drugs, and for threatening and killing as part of the dope game, thousands of honest hard working people in towns like Akron busted their backs for a few dollars an hour, to keep food on the table for their families.

Meanwhile, Moser and his crime partners mocked working people, pausing only long enough for another snort or another joint.

Together, they conspired to import massive amounts of cocaine, PCP and marijuana into Summit County.

When it was time to sell narcotics to children, according to Count Five of the indictment, William Darby, Terry Gran, Jimmy "JJ" Jackson and Jimmy Lee Rutherford were the characters who were selling drugs, including cocaine to John Mash, who was under 18 years of age.

These narcotic peddlers did not restrict their activities to the schoolyard, according to the indictment. Both Terry Gran and JJ also conspired with Terry Moser to "prepare for shipment, ship, transport, deliver, prepare for distribution or distribute a controlled substance... Marijuana."

If marijuana wasn’t your drug of choice, you’d just step over to Moser’s colleague "Chickie Paul," who could serve you up heavy weights of cocaine, according to Count Eight of the indictment.

Maybe you wanted somebody dead. Try Sharon Briggs a.k.a. Sharon Knight, who along with Rick Campbell, according to Count Nine of the Indictment: "...she did cause another’s death as ... [the] result of committing.... a felony in that she did aid and abet Rick Campbell in committing ... Involuntary Manslaughter."

How much time in prison is fair for these kinds of people? How about two months? This is how much time Terry Moser spent in Mansfield Correctional Institution after pleading no contest to organized crime conspiracy and guilty to drug trafficking charges, and receiving a four to twenty-five year sentence.

After pleading no contest to membership in an organized crime conspiracy that sold marijuana, cocaine and PCP, whose customers included teenage children, and whose activities left at least one person dead, Terry Moser served just two months in jail when his minimum sentence was supposed to be four years. (Case #79-03-0424 A-X & Case #79-03-0424 S)

That was very convenient for Terry Moser in more than one way. It kept his resume from showing a large gap for his prison time. However, Moser’s sordid past still poses questions for current and future customers of Moser Construction.

Suppose you have a payment dispute with Moser over shoddy workmanship. Westra Construction had to battle Moser in court over just this issue. Will you have to worry about "Bone Crusher," Moser’s old colleague, coming after your children?

In the construction industry, more so than other businesses, a person’s word counts for a lot. This is because so much is unknown at the start of a construction job, no matter how well prepared the parties are. What happens when there is a mistake on the specifications, the weather turns bad, the soils are the wrong type, or a subcontractor vanishes?

In the tough world of construction contracting, integrity is all-important. When something goes wrong on a project, will the contractor act with integrity and make it right? Or will they try to weasel out of their duties, by citing an obscure footnote in the contract?

A construction customer has to look hard for clues relating to their contractors’ integrity, in order to figure out how the contractor will react when a job turns tough.

All of the parties in a construction job must rely on the other parties to act in good faith and keep both the letter and the spirit of their promises on a job. That is why it is so important to evaluate the character of the other parties on a construction job, and to take into account whether they have kept their word in past business matters.

How much could you trust the word of Terry Moser, a convicted organized crime drug dealer? If character counts, how much does Moser’s character amount to?

In light of Moser’s dark past, his continuous involvement in court cases against his own customers, and fellow contractors, take on a new light. One might think that Moser, with his criminal past, would desire to stay out of court. However, his company seems to constantly be in court over one matter or another.

INJURED WORKERS AT MOSER CONSTRUCTION COMPANY SITES

In August 2002, the Critic criticized Moser Construction Company’s record of violations of OSHA’s scaffolding rules. Moser Construction Company has been cited and fined by OSHA on at least seven different occasions for scaffolding violations and other job site violations. In total, OSHA has cited Moser Construction Company for 26 violations, including 24 life-threatening citations, and proposed $86,900 in fines against Moser Construction Company. 

After reviewing this history, the Critic opined in August 2002, "How long will it be until someone falls and dies from one of Moser Construction’s illegal scaffolding operations?" Since then, The Critic has discovered that death has made a couple of close passes on Moser Construction Company job sites recently.

In February 2001, Moser Construction Company was working on the Medina High School job. While on the job, David Ciofani, an employee of another subcontractor, was severely injured. His court suit charged that his injuries were caused by, "... negligent acts and/or omissions by [Moser Construction Company and others].... [Ciofani] suffered injuries to his right knee, including torn ligaments and cartilage."

Ciofani sought $300,000 in damages and medical expenses. (Case #CV02474472)

According to a published account, at least four Moser Construction Company workers were injured, and two were hospitalized after a scaffold collapsed at the Tops Friendly Market construction site in January 2002.

As of publication, Moser has not made any suggestions or refuted any of the information in this publication.

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