Battaglia returned to Italy in June, 1954, on another of his buying trips. He remained there until January 17, 1955, when he returned to the United States aboard the SS Andrea Doria. Prior to his arrival, Guarna telephoned Inspector Danis and advised him of the time of Battaglia’s arrival.
Danis was on the pier when Battaglia walked from the ship, and he handled the examination of his baggage. The examination and clearance proceeded smoothly. None of the samples which Battaglia brought from Italy was listed on his declaration. And there was no reason why Danis’ perfunctory inspection should have aroused the suspicion of any other inspector because again that day the inspectors had orders to make only a spot check of the travellers’ luggage. On some days, the inspectors were required to inspect all luggage. On other days only spot checks were ordered.
In testing the scheme proposed by Danis, Battaglia carried merchandise valued at something over $1,000, on which the duty would not have been more than $300 even had he declared the imports. He took the merchandise from the pier to the office on West 37th Street, and shortly thereafter Danis appeared to receive his payment. Battaglia gave him $100 in cash.
Both Battaglia and Guarna were elated over the discovery that they could bring merchandise into the country so simply without the payment of duties. They began planning to bring even greater quantities of merchandise from Italy on future trips.
In the months that followed, Battaglia and Guarna brought from Italy trunks packed with expensive men’s wear which they were able to slip through Customs without the payment of duty. When unable to make a trip themselves, they arranged to have acquaintances and relatives bring the merchandise. In each case, there were prearranged inspections, with Lev having taken over the inspection end of the operation.
Inspector Theodore Rider, a tall, long-nosed, sallow-faced man, became involved in the operation quite by accident. On one of his many trips, Battaglia was standing on the pier waiting for Lev to make an inspection of his baggage when Rider approached and asked if he could help with his clearance.
“Thanks,” Battaglia said, “but Inspector William Lev is a good friend of mine and I’m waiting for him to handle the clearance. He’ll be along shortly.”
Rider said, “Whatever Lev can do, I can do.”
“Well,” Battaglia said, “go easy on the examination, will you?”
Rider took only a casual look at a couple of small suitcases and then stamped all the baggage for clearance. For their cooperation in this case, Rider received $100 and Lev was paid $300. Battaglia and Guarna saved $6,185 in duties.