Only Himself To Blame: Capo Who Used GPS to Spy On His Girlfriend To Plead Guilty
Gang Land Exclusive!Joseph AmatoJoseph Amato, a once-powerful Colombo capo, whose downfall came after the lovesick skipper placed a GPS tracking device on his girlfriend's car, has agreed to plead guilty to racketeering charges and spend more than six years behind bars, Gang Land has learned.
Amato's bone-headed maneuver also brought down 20 mob-linked defendants, including three family wiseguys in the capo's crew. As part of the deal, Amato's namesake son will also plead guilty and faces a much more lenient prison term of about two years, sources say.
After months of haggling, Amato, 63, and Joseph Jr., 27, are set to plead guilty Monday. That will close out three indictments the feds were able to make after the GPS tracker that Amato had placed under his wayward paramour's car in 2015 was found in the oil pan of a city bus in November of 2016, a month after she removed it from her own car, according to court filings in the case.
Joseph Amato Jr.Sources say the plea agreement for the elder Amato, who along with five co-defendants was tape-recorded in a Keystone Kops-like plot to assault codefendant Dominick (The Lion) Ricigliano in early 2019, calls for a recommended prison term between 63-to-78 months.
But sources say an important caveat in the government's favor allows prosecutors to ask Brooklyn Federal Court Judge Brian Cogan to impose the high end of the term against Amato, rather than just seek a sentence somewhere within the guidelines, as is the norm.
Amato Jr. is not charged in the assault plot against Ricigliano with his old man and the others. But he was overheard in numerous extortion and assault plots after the feds went up on his phones, so he's apparently getting a pass on those as part of his father's deal. Sources say the plea deal for Amato Jr., calls for the feds to drop racketeering charges, and carries routine sentencing guidelines of 21-to-27 months. They are only advisory though, and can be ignored by Cogan.
Dominick RiciglianoOn Tuesday, mob associate Krenar Suka, whose guidelines are 15-to-21 months, will be the first of six defendants to be sentenced for being part of the plot to assault The Lion. Next up with guidelines of 37-to-46 months will be mobster Thomas (The Plumber) Scorcia, whose December 10, 2018 induction at a Gravesend Brooklyn café was an open secret that FBI agents were well aware of and did everything but attend.
The Lion, the object of that duo's angst, whose sentencing guidelines numbers are 21-to-27 months for a loansharking caper with The Plumber, will face the music in between Suka and Scorcia in this whacky case that surely has the late Colombo family boss Carmine (Junior) Persico twisting in his grave.
The original judge in the case, the wise 96-year-old jurist I. Leo Glasser had the good sense to get out of it last summer, while the getting was still good. As a senior judge, Glasser did not have to provide any reason why he wanted to recuse himself, and he didn't last August when he bowed out of it.
The specifics of the plea agreements that prosecutor Elizabeth Geddes worked out with attorneys Scott Leemon and James Froccaro for the father and son respectively won't be available until the duo pleads guilty next week. But there's little doubt that in return for pleading guilty they will each receive "coverage" for all the crimes that are in the indictment as well as the detention memo.
Scott LeemonFor the elder Amato, that would include the embarrassing charges of stalking, intimidating and threatening his former girlfriend. Those allegations, sources say, have soured his reputation with the Colombo hierarchy, as well as with Staten Island-based capos and wiseguys from the four other families.
Sources say Amato's clout and influence, which had grown since 2008 when he was released from prison after a 15 year stretch for his involvement in the bloody 1991-1993 Colombo war, waned when he was arrested in 2019. That's because, the sources say, the feds disclosed that he had been heard discussing plans to conduct induction ceremonies in wiretapped talks that were triggered in large measure by his decision to stalk his paramour.
Law enforcement sources say that before October of 2019, when Amato was arrested and detained as a danger to the community, Amato was often seen meeting with Gambino capo Frank Camuso and Luchese skipper John (Big John) Castellucci and Bonanno and Genovese wiseguys in Staten Island as well as other boroughs.
James FroccaroAccording to court filings, Amato stalked and threatened his girlfriend between January of 2015 and October of 2016, during which he had to "regularly and covertly retrieve the (GPS tracking) device, charge it and then re-position it on (her) car." He allegedly resumed those activities in May of 2017 when he "obtained a replacement tracking device and again took efforts to place it on (her) vehicle and surveil her movements."
"To instill fear in (her)," prosecutors wrote, "Amato boasted about the resources at his disposal. In one email, he wrote, 'This is my island. Not yours. I have the eyes all over.' In another, he said, 'I'm called a MANS MAN!!! . . . Anyone could end up in jail. I don't wish it on anyone. Especially weak men. Who could never deal with it. I thrived there and anywhere I go.'"
Prosecutors Geddes and Megan Farrell wrote that after the FBI conducted a court authorized search of Amato's home in 2017, and he realized that the feds had learned that he "had purchased a second (GPS tracking) device," the capo finally stopped stalking and threatening the woman.
But Amato's problems with the fairer sex resumed in 2018, according to the court filings, and these problems ensnared his mob associate son into alleged criminal activity that is most likely covered in Frank Jr.'s plea agreement.
Judge I. Leo Glasser"In the fall of 2018," the prosecutors wrote, "a female with whom Amato was romantically involved accused Amato of spending time with a second female at a commercial establishment on Staten Island and told Amato that she had seen video footage confirming as much."
To handle the situation, the prosecutors wrote, Amato ordered "Amato Jr. to threaten employees of the commercial establishment to ensure that they did not further share video footage of Amato with anyone." His dutiful son recruited mob associate Anthony (Bugz) Silvestro "to carry out Amato's order," the prosecutors wrote.
"Silvestro readily agreed" to do the capo's bidding and "expressed his willingness to engage in violence" if necessary, the prosecutors wrote. But after Amato Jr. told Bugz "that was not part of the plan," the duo, under the watchful eyes of the FBI, visited the Staten Island bar in question and talked through the problem without having to resort to violence.
That is something that Gang Land expects every defense lawyer in the case to emphatically state at each of the sentencings in the case: While there is much talk of violence in many of the taped talks, none of the defendants acted on that tough talk or was involved in any violent activity during the entire case.
Last Call For Nicky Vest; A Legendary Bartender At Rao's
Nicky VestIf there were flags above Rao's, the legendary East Harlem restaurant, they'd be at half-staff this week to honor Nicky Vest, the legendary bartender who served drinks and told stories to the rich, the famous, the connected, and just plain folks who ambled up to the bar for one reason or another during his 45 years at the bistro.
Nicky Vest, who died Saturday at the age of 88, knew all the movie stars, sports figures, wiseguys, and other celebrities who had tables at Rao's — and those that didn't. His customers included the likes of Mia Farrow, Andre Agassi, Anthony (Bowat) Baratta, Tony Bennett, and artist Leroy Neiman, who featured Nicky Vest in a classic painting pouring a drink behind the bar at the tiny eatery at the corner of 114th Street and Pleasant Avenue.
His acclaim was such that there is also an undefeated three year old racehorse — a Kentucky Derby hopeful no less — that is named after him
Even the few who knew his given name, which was Nicholas Zaloumis, rarely used it. Nicky Vest was all anyone ever called him and he was apparently fine with that. In 1996, writer Alex Witchel used his nome-de-bar when he wrote a big take-out for The New York Times about Rao's when it re-opened after a fire gutted the restaurant a year earlier. The newspaper's usually staid and formal copy desk let it go.
The nickname's origin tale was simple, he explained. "They call me that due to the reason I now own 46 vests," the barkeep told the Times. "Customers bought me vests as Christmas presents and I would look in the book and see who's coming in and say, 'See, I wear yours all the time,'" said Nicky Vest.
IAnthony Barattan 2003, the paper of record referred to him only as Nicky the Vest in an account by reporter Shaila K. Dewan about the murder at Rao's a few days before Christmas when Luchese gangster Louis Barone shot a drunken lout who had complained very long and loudly that he didn't like the way opera soprano Rena Strober was singing "Don't Rain On My Parade."
By all accounts, Nicky Vest was an amazingly talented mixologist and a great spinner of tales, although he never told one publicly about the December 22, 2003 killing. As one longtime patron and "good friend" of Nicky's over the years put it, he gave you a good drink, and remembered what it was the next time you got there, "even if you showed up a year later."
Gang Land had only one drink at the Rao's bar, so we can't attest to that extraordinary claim. But many tributes back that up on Facebook and Instagram, where the Rao's posting about his passing notes that Nicky Vest, was much more than just a "legendary bartender;" he was a "legend, period."
Frank At RaosThe Neiman painting fed his legend and fame. In it, the bartender is pictured serving Frank Sinatra a drink. Titled, "Frank at Rao's," Neiman, who fell in love with the place when boxer Rocky Graziano brought him there in the late 1960s, portrayed Sinatra standing at the bar with Nicky Vest pouring him what has to be two fingers of Jack Daniels with three ice cubes and a splash of water. Neiman created the big silkscreen painting in 2005.
But Old Blue Eyes was only present on the jukebox, according to veteran patrons. "Sinatra was never in Rao's," said a longtime regular with fond memories of the artist and the bartender. "But Leroy Neiman painted a picture of Nicky the Vest serving him a drink," the old-timer told Gang Land on Tuesday. "Like everyone who comes here," he said, "he liked Nicky."
"Neiman decided that painting Frank Sinatra standing at the Rao's bar truly captures the atmosphere and history of the establishment," according to the
www.neimansonly.com website, which has the original serigraph for sale. Gang Land didn't have the courage to ask about the price, but you can get a 22-by 28 inch poster on Amazon for $115.
Nicky the Vest Wins The Gander Stakes"Nicky always had a smile on his face and he made you feel welcome," his old friend recalled. "He was remarkable bartender. He was in the bartender hall of fame. And he had close to 200 vests" that customers gave him as gifts, he said. That sounds like a lot of vests but the official Rao's Instagram notice said the collection "almost peaked at 300."
About the horse, Nicky the Vest? He's a New York bred bay colt who won the $100,000 Gander Stakes at Aqueduct last month and is being pointed by trainer Jonathan Thomas for the $750,000 Wood Memorial at the Big A on April 3, according to
www.horseracingnation.com. Nicky the Vest is a very long shot — 75-1 so far — for this year's Kentucky Derby
"The horse owner liked Nicky too and years ago he told Nicky, 'I'm gonna name a horse after you,' and he did," said the Vest's old friend, his voice cracking just a bit.
Gang Land was unable to reach horse owner Robert LaPenta. But along with many other Rao's customers and friends, and Nicky's daughter Andrea, LaPenta will likely be at the graveside ceremony for Nicky Vest at St. Michael's Cemetery in Astoria on Saturday morning.
Securities Broker Guilty In $45.6 Million Ripoff Of Lottery Winners
Francis SmooklerA former securities broker surprised his three codefendants yesterday and pleaded guilty to stealing $45.6 million in winnings from three Lottery winners during an elaborate 18-month scheme. The plea deal calls for Francis (Frank) Smookler to face a prison term of up to 14 years and a forfeiture of $3.5 million.
During a two-hour-long virtual proceeding, Smookler fingered Frangesco (Frankie) Russo, the grandson of acting Colombo boss Andrew (Mush) Russo, and Lottery Lawyer Jason (Jay) Kurland as active participants with him in a fraud scheme that netted the gang as much as $100 million.
Smookler, 46, named Russo, his business partner in an investment company, as his accomplice in all 13 counts of wire fraud, money laundering, loansharking and conspiracy charges to which he pleaded guilty. He fingered Kurland, the alleged architect of the fraud scheme and the attorney for all three lottery winner victims, as an accomplice in nine wire fraud and money laundering counts.
In recounting the scams, Smookler stated that he and Russo had extended a $250,000 usurious loan to Greg Altieri, who had claimed to have been a gem merchant, but instead "was operating a Ponzi scheme." When Altieri turned out to be a deadbeat, Smookler told Brooklyn Federal Judge Nicholas Garaufis, he and Russo threatened him in a failed attempt to get their money back.
Christopher ChierchioThere was no indication during the proceeding, which was interrupted several times to resolve technical difficulties, that Smookler's guilty plea involved an agreement to cooperate against his codefendants, including Genovese soldier Christopher Chierchio. Smookler omitted Chierchio's name in his guilty plea to counts in which the wiseguy is named.
Smookler's guilty plea was a complete surprise to his codefendants and their lawyers, according to several attorneys, and court records. His plea agreement was finalized on March 9, but never came up during a status conference of all four defendants before Garaufis on March 12.
Prosecutors, and lawyers for Smookler, Russo, and Kurland could not be reached or declined to comment about Smookler's unexpected guilty plea, or its ramifications. Chierchio's lawyer, Gerald McMahon, who stated in October that he believed his client was innocent and he expected to win an "acquittal or dismissal" of the charges, did get back to Gang Land.
Gerald McMahon"His guilty plea confirms what I knew all along," said McMahon. "Mr. Chierchio is an innocent man, unjustly accused. I look forward to winning his total exoneration in court."
During a tape recorded conversation that prosecutors cited in a court filing when they arrested the quirky quartet last August, Smookler was quoted as telling Chierchio that he was worried that the FBI was onto their scheme and they would be arrested.
"Okay, so bring the FBI," replied Chierchio, who had been acquitted of state labor racketeering charges in 2019, "They've been up my ass my whole life. It doesn't matter. I laugh at them. Okay, I laugh at them. You're giving them too much credit."
Smookler correctly predicted that the FBI would paint the lottery winners "as naive victims" and arrest them all. "They paint Jason as the mastermind lawyer, and they paint us as the behind the scenes guys," he continued. "You got gangsters involved, you got famous lawyers involved, you got billionaires, you got the lottery, you got a case there."
Smookler was right to be worried. Yesterday's proceeding confirms that.
It remains to be seen whether Chierchio, and his outspoken lawyer, are right as well.
Only Himself To Blame: Capo Who Used GPS to Spy On His Girlfriend To Plead Guilty
Gang Land Exclusive!Joseph AmatoJoseph Amato, a once-powerful Colombo capo, whose downfall came after the lovesick skipper placed a GPS tracking device on his girlfriend's car, has agreed to plead guilty to racketeering charges and spend more than six years behind bars, Gang Land has learned.
Amato's bone-headed maneuver also brought down 20 mob-linked defendants, including three family wiseguys in the capo's crew. As part of the deal, Amato's namesake son will also plead guilty and faces a much more lenient prison term of about two years, sources say.
After months of haggling, Amato, 63, and Joseph Jr., 27, are set to plead guilty Monday. That will close out three indictments the feds were able to make after the GPS tracker that Amato had placed under his wayward paramour's car in 2015 was found in the oil pan of a city bus in November of 2016, a month after she removed it from her own car, according to court filings in the case.
Joseph Amato Jr.Sources say the plea agreement for the elder Amato, who along with five co-defendants was tape-recorded in a Keystone Kops-like plot to assault codefendant Dominick (The Lion) Ricigliano in early 2019, calls for a recommended prison term between 63-to-78 months.
But sources say an important caveat in the government's favor allows prosecutors to ask Brooklyn Federal Court Judge Brian Cogan to impose the high end of the term against Amato, rather than just seek a sentence somewhere within the guidelines, as is the norm.
Amato Jr. is not charged in the assault plot against Ricigliano with his old man and the others. But he was overheard in numerous extortion and assault plots after the feds went up on his phones, so he's apparently getting a pass on those as part of his father's deal. Sources say the plea deal for Amato Jr., calls for the feds to drop racketeering charges, and carries routine sentencing guidelines of 21-to-27 months. They are only advisory though, and can be ignored by Cogan.
Dominick RiciglianoOn Tuesday, mob associate Krenar Suka, whose guidelines are 15-to-21 months, will be the first of six defendants to be sentenced for being part of the plot to assault The Lion. Next up with guidelines of 37-to-46 months will be mobster Thomas (The Plumber) Scorcia, whose December 10, 2018 induction at a Gravesend Brooklyn café was an open secret that FBI agents were well aware of and did everything but attend.
The Lion, the object of that duo's angst, whose sentencing guidelines numbers are 21-to-27 months for a loansharking caper with The Plumber, will face the music in between Suka and Scorcia in this whacky case that surely has the late Colombo family boss Carmine (Junior) Persico twisting in his grave.
The original judge in the case, the wise 96-year-old jurist I. Leo Glasser had the good sense to get out of it last summer, while the getting was still good. As a senior judge, Glasser did not have to provide any reason why he wanted to recuse himself, and he didn't last August when he bowed out of it.
The specifics of the plea agreements that prosecutor Elizabeth Geddes worked out with attorneys Scott Leemon and James Froccaro for the father and son respectively won't be available until the duo pleads guilty next week. But there's little doubt that in return for pleading guilty they will each receive "coverage" for all the crimes that are in the indictment as well as the detention memo.
Scott LeemonFor the elder Amato, that would include the embarrassing charges of stalking, intimidating and threatening his former girlfriend. Those allegations, sources say, have soured his reputation with the Colombo hierarchy, as well as with Staten Island-based capos and wiseguys from the four other families.
Sources say Amato's clout and influence, which had grown since 2008 when he was released from prison after a 15 year stretch for his involvement in the bloody 1991-1993 Colombo war, waned when he was arrested in 2019. That's because, the sources say, the feds disclosed that he had been heard discussing plans to conduct induction ceremonies in wiretapped talks that were triggered in large measure by his decision to stalk his paramour.
Law enforcement sources say that before October of 2019, when Amato was arrested and detained as a danger to the community, Amato was often seen meeting with Gambino capo Frank Camuso and Luchese skipper John (Big John) Castellucci and Bonanno and Genovese wiseguys in Staten Island as well as other boroughs.
James FroccaroAccording to court filings, Amato stalked and threatened his girlfriend between January of 2015 and October of 2016, during which he had to "regularly and covertly retrieve the (GPS tracking) device, charge it and then re-position it on (her) car." He allegedly resumed those activities in May of 2017 when he "obtained a replacement tracking device and again took efforts to place it on (her) vehicle and surveil her movements."
"To instill fear in (her)," prosecutors wrote, "Amato boasted about the resources at his disposal. In one email, he wrote, 'This is my island. Not yours. I have the eyes all over.' In another, he said, 'I'm called a MANS MAN!!! . . . Anyone could end up in jail. I don't wish it on anyone. Especially weak men. Who could never deal with it. I thrived there and anywhere I go.'"
Prosecutors Geddes and Megan Farrell wrote that after the FBI conducted a court authorized search of Amato's home in 2017, and he realized that the feds had learned that he "had purchased a second (GPS tracking) device," the capo finally stopped stalking and threatening the woman.
But Amato's problems with the fairer sex resumed in 2018, according to the court filings, and these problems ensnared his mob associate son into alleged criminal activity that is most likely covered in Frank Jr.'s plea agreement.
Judge I. Leo Glasser"In the fall of 2018," the prosecutors wrote, "a female with whom Amato was romantically involved accused Amato of spending time with a second female at a commercial establishment on Staten Island and told Amato that she had seen video footage confirming as much."
To handle the situation, the prosecutors wrote, Amato ordered "Amato Jr. to threaten employees of the commercial establishment to ensure that they did not further share video footage of Amato with anyone." His dutiful son recruited mob associate Anthony (Bugz) Silvestro "to carry out Amato's order," the prosecutors wrote.
"Silvestro readily agreed" to do the capo's bidding and "expressed his willingness to engage in violence" if necessary, the prosecutors wrote. But after Amato Jr. told Bugz "that was not part of the plan," the duo, under the watchful eyes of the FBI, visited the Staten Island bar in question and talked through the problem without having to resort to violence.
That is something that Gang Land expects every defense lawyer in the case to emphatically state at each of the sentencings in the case: While there is much talk of violence in many of the taped talks, none of the defendants acted on that tough talk or was involved in any violent activity during the entire case.
Last Call For Nicky Vest; A Legendary Bartender At Rao's
Nicky VestIf there were flags above Rao's, the legendary East Harlem restaurant, they'd be at half-staff this week to honor Nicky Vest, the legendary bartender who served drinks and told stories to the rich, the famous, the connected, and just plain folks who ambled up to the bar for one reason or another during his 45 years at the bistro.
Nicky Vest, who died Saturday at the age of 88, knew all the movie stars, sports figures, wiseguys, and other celebrities who had tables at Rao's — and those that didn't. His customers included the likes of Mia Farrow, Andre Agassi, Anthony (Bowat) Baratta, Tony Bennett, and artist Leroy Neiman, who featured Nicky Vest in a classic painting pouring a drink behind the bar at the tiny eatery at the corner of 114th Street and Pleasant Avenue.
His acclaim was such that there is also an undefeated three year old racehorse — a Kentucky Derby hopeful no less — that is named after him
Even the few who knew his given name, which was Nicholas Zaloumis, rarely used it. Nicky Vest was all anyone ever called him and he was apparently fine with that. In 1996, writer Alex Witchel used his nome-de-bar when he wrote a big take-out for The New York Times about Rao's when it re-opened after a fire gutted the restaurant a year earlier. The newspaper's usually staid and formal copy desk let it go.
The nickname's origin tale was simple, he explained. "They call me that due to the reason I now own 46 vests," the barkeep told the Times. "Customers bought me vests as Christmas presents and I would look in the book and see who's coming in and say, 'See, I wear yours all the time,'" said Nicky Vest.
IAnthony Barattan 2003, the paper of record referred to him only as Nicky the Vest in an account by reporter Shaila K. Dewan about the murder at Rao's a few days before Christmas when Luchese gangster Louis Barone shot a drunken lout who had complained very long and loudly that he didn't like the way opera soprano Rena Strober was singing "Don't Rain On My Parade."
By all accounts, Nicky Vest was an amazingly talented mixologist and a great spinner of tales, although he never told one publicly about the December 22, 2003 killing. As one longtime patron and "good friend" of Nicky's over the years put it, he gave you a good drink, and remembered what it was the next time you got there, "even if you showed up a year later."
Gang Land had only one drink at the Rao's bar, so we can't attest to that extraordinary claim. But many tributes back that up on Facebook and Instagram, where the Rao's posting about his passing notes that Nicky Vest, was much more than just a "legendary bartender;" he was a "legend, period."
Frank At RaosThe Neiman painting fed his legend and fame. In it, the bartender is pictured serving Frank Sinatra a drink. Titled, "Frank at Rao's," Neiman, who fell in love with the place when boxer Rocky Graziano brought him there in the late 1960s, portrayed Sinatra standing at the bar with Nicky Vest pouring him what has to be two fingers of Jack Daniels with three ice cubes and a splash of water. Neiman created the big silkscreen painting in 2005.
But Old Blue Eyes was only present on the jukebox, according to veteran patrons. "Sinatra was never in Rao's," said a longtime regular with fond memories of the artist and the bartender. "But Leroy Neiman painted a picture of Nicky the Vest serving him a drink," the old-timer told Gang Land on Tuesday. "Like everyone who comes here," he said, "he liked Nicky."
"Neiman decided that painting Frank Sinatra standing at the Rao's bar truly captures the atmosphere and history of the establishment," according to the www.neimansonly.com website, which has the original serigraph for sale. Gang Land didn't have the courage to ask about the price, but you can get a 22-by 28 inch poster on Amazon for $115.
Nicky the Vest Wins The Gander Stakes"Nicky always had a smile on his face and he made you feel welcome," his old friend recalled. "He was remarkable bartender. He was in the bartender hall of fame. And he had close to 200 vests" that customers gave him as gifts, he said. That sounds like a lot of vests but the official Rao's Instagram notice said the collection "almost peaked at 300."
About the horse, Nicky the Vest? He's a New York bred bay colt who won the $100,000 Gander Stakes at Aqueduct last month and is being pointed by trainer Jonathan Thomas for the $750,000 Wood Memorial at the Big A on April 3, according to www.horseracingnation.com. Nicky the Vest is a very long shot — 75-1 so far — for this year's Kentucky Derby
"The horse owner liked Nicky too and years ago he told Nicky, 'I'm gonna name a horse after you,' and he did," said the Vest's old friend, his voice cracking just a bit.
Gang Land was unable to reach horse owner Robert LaPenta. But along with many other Rao's customers and friends, and Nicky's daughter Andrea, LaPenta will likely be at the graveside ceremony for Nicky Vest at St. Michael's Cemetery in Astoria on Saturday morning.
Securities Broker Guilty In $45.6 Million Ripoff Of Lottery Winners
Francis SmooklerA former securities broker surprised his three codefendants yesterday and pleaded guilty to stealing $45.6 million in winnings from three Lottery winners during an elaborate 18-month scheme. The plea deal calls for Francis (Frank) Smookler to face a prison term of up to 14 years and a forfeiture of $3.5 million.
During a two-hour-long virtual proceeding, Smookler fingered Frangesco (Frankie) Russo, the grandson of acting Colombo boss Andrew (Mush) Russo, and Lottery Lawyer Jason (Jay) Kurland as active participants with him in a fraud scheme that netted the gang as much as $100 million.
Smookler, 46, named Russo, his business partner in an investment company, as his accomplice in all 13 counts of wire fraud, money laundering, loansharking and conspiracy charges to which he pleaded guilty. He fingered Kurland, the alleged architect of the fraud scheme and the attorney for all three lottery winner victims, as an accomplice in nine wire fraud and money laundering counts.
In recounting the scams, Smookler stated that he and Russo had extended a $250,000 usurious loan to Greg Altieri, who had claimed to have been a gem merchant, but instead "was operating a Ponzi scheme." When Altieri turned out to be a deadbeat, Smookler told Brooklyn Federal Judge Nicholas Garaufis, he and Russo threatened him in a failed attempt to get their money back.
Christopher ChierchioThere was no indication during the proceeding, which was interrupted several times to resolve technical difficulties, that Smookler's guilty plea involved an agreement to cooperate against his codefendants, including Genovese soldier Christopher Chierchio. Smookler omitted Chierchio's name in his guilty plea to counts in which the wiseguy is named.
Smookler's guilty plea was a complete surprise to his codefendants and their lawyers, according to several attorneys, and court records. His plea agreement was finalized on March 9, but never came up during a status conference of all four defendants before Garaufis on March 12.
Prosecutors, and lawyers for Smookler, Russo, and Kurland could not be reached or declined to comment about Smookler's unexpected guilty plea, or its ramifications. Chierchio's lawyer, Gerald McMahon, who stated in October that he believed his client was innocent and he expected to win an "acquittal or dismissal" of the charges, did get back to Gang Land.
Gerald McMahon"His guilty plea confirms what I knew all along," said McMahon. "Mr. Chierchio is an innocent man, unjustly accused. I look forward to winning his total exoneration in court."
During a tape recorded conversation that prosecutors cited in a court filing when they arrested the quirky quartet last August, Smookler was quoted as telling Chierchio that he was worried that the FBI was onto their scheme and they would be arrested.
"Okay, so bring the FBI," replied Chierchio, who had been acquitted of state labor racketeering charges in 2019, "They've been up my ass my whole life. It doesn't matter. I laugh at them. Okay, I laugh at them. You're giving them too much credit."
Smookler correctly predicted that the FBI would paint the lottery winners "as naive victims" and arrest them all. "They paint Jason as the mastermind lawyer, and they paint us as the behind the scenes guys," he continued. "You got gangsters involved, you got famous lawyers involved, you got billionaires, you got the lottery, you got a case there."
Smookler was right to be worried. Yesterday's proceeding confirms that.
It remains to be seen whether Chierchio, and his outspoken lawyer, are right as well.