2008 Gambino Indictment Detention Motion

Post a reply

Confirmation code
Enter the code exactly as it appears. All letters are case insensitive.

BBCode is OFF
Smilies are OFF

Topic review
   

Expand view Topic review: 2008 Gambino Indictment Detention Motion

Re: 2008 Gambino Indictment Detention Motion

by Cheech » Fri Sep 29, 2023 5:37 am

a lot of this is in here
viewtopic.php?p=183585#p183585

Re: 2008 Gambino Indictment Detention Motion

by Luca » Tue Sep 26, 2023 8:39 pm

Luca wrote: Tue Sep 26, 2023 8:38 pm Kinda interesting that he was at the wake James “jimmy the gent” Burke.
Carneglia that is….

Re: 2008 Gambino Indictment Detention Motion

by Luca » Tue Sep 26, 2023 8:38 pm

Kinda interesting that he was at the wake James “jimmy the gent” Burke.

Re: 2008 Gambino Indictment Detention Motion

by Hired_Goonz » Tue Sep 26, 2023 7:15 pm

Thanks for posting this. That conversation between Carneglia and Gene Gotti is pretty remarkable, what's the deal with that it says it was recorded while Gotti was in Mckean. Wouldn't Carneglia have been on the streets then? They have him being convicted in 2001. My question is where is this recording from, did these guys talk on the phone? I know they can but visiting rooms but I can't imagine Carneglia would be allowed to be on a visiting list. Or maybe he was in pre trial detention for that extortion case and they sent him to Mckean because MDC was overcrowded and they somehow had a bug in the prison?

It would be insane if these guys were talking about this murder over the prison phone like that but who knows these guys certainly aren't geniuses. Anyway I don't remember this conversation with Gotti being mentioned in the book about Carneglia at all.

Re: 2008 Gambino Indictment Detention Motion

by johnny_scootch » Mon Sep 25, 2023 2:19 pm

TSNYC wrote: Mon Sep 25, 2023 7:54 am Sorry if that was annoying in multiple posts. I posted from my phone.
Hope people enjoy if hadn’t seen before!
Great stuff, thank you.

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:54 am

Sorry if that was annoying in multiple posts. I posted from my phone.
Hope people enjoy if hadn’t seen before!

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:53 am

Q. ANGELO RUGGIERO. JR.

Angelo Ruggiero, Jr. is a solider in the Gambino family. In October 2007, after charges in the Eastern District of New York were transferred to the Southern District of New York, Ruggerio pled guilty to money laundering conspiracy. He also pled guilty in a separate case in the Southern District of New York to extortion conspiracy. Those cases are pending before the Honorable Lawrence McKenna and are scheduled for sentencing in March 2008.

Ruggerio has prior criminal convictions for possession of illegal vehicle identification numbers and grand larceny. Cooperating witnesses also are expected to testify that he ran an auto-body shop where he would receive stolen vehicles. He is presently incarcerated while awaiting sentencing.

The government moves for pre-trial detention of Ruggerio based on the fact that he is a danger to the community and a risk of flight. Ruggerio is charged with racketeering conspiracy including murder conspiracy/attempted murder as a predicate act. In May 2003, Ruggerio and others were involved in a conspiracy to murder John Doe #5 for Vincent Gotti, another soldier in the Gambino family. John Doe #5 was shot several times, but survived. The evidence on this charge, detailed in previous sections, is strong. Two cooperating witnesses will detail the facts surrounding the attempted murder and both lay witnesses and law enforcement witnesses corroborate the cooperating witnesses’ testimony.

Ruggiero also is charged with extortion conspiracy and attempted extortion as predicate acts. A brief summary of the evidence against Ruggiero in connection with those charges is described below.

A cooperating witness is expected to testify to the following.

In July 2005, Gambino family captain Leonard DiMaria instructed Joseph Vollaro to help soldier Ernest Grille reinitiate collections from construction companies that had been making extortion payments to then jailed Gambino family soldier Edward Garafola prior to his incarceration. Garafola, who had been a member of the Gambino family’s “construction panel,” a body which oversees the Gambino family’s construction rackets, had exacted extortionate payments from scores of construction companies prior to his incarceration, but had not shared the identity of all those companies with his Gambino family superiors.

Joseph Vollaro contacted Grille as instructed. Together with Ruggiero and Gambino family associate Anthony O’Donnell, who had been Garafola’s right hand in conducting the extortions, and who had accompanied Garafola on one occasion while Garafola assaulted a contractor who was late in his payments, the men repeatedly met to reconstruct a list of the contractors who had been paying Garafola extortion and to plot the reinitiation of collections. Under the supervision and at the direction of Corozzo and DiMaria, the four men created a list of more than 40 construction companies and individual contractors that formerly paid extortion to Garafola. Grille, Ruggiero and O’Donnell then approached a number of the companies to place them back under Gambino family control.

During the this process, Edward Garafola’s son asserted his father’s right to the extortion victims, and complained of the efforts to take away his father’s former victims. In response, Grille told Joseph Vollaro that he assaulted Garafola’s son, saying, “I choked him out.”

Joseph Vollaro’s testimony regarding Ruggiero’s involvement in these extortions will be corroborated by (i) more than 10 recordings in which Ruggiero was either captured on tape discussing the crimes charged or referenced by his criminal associates concerning those crimes, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family, and the participants in many of the taped conversations, and (iii) the testimony of a cooperating witnesses who was a former Gambino family member and member of the Gambino family construction panel who was tasked with compiling the same construction list years earlier but failed to complete the job prior to his arrest and incarceration.

Ruggeiro is a soldier in a violent criminal enterprise charged with crimes of violence, including attempted murder in 2003. He is currently incarcerated. Should he be eligible for release during the pendency of this case, he should be detained due to his criminal history of violence as a danger to the community. In addition, given the substantial sentence he faces for the crimes charged, he should also be detained as a risk of flight.

R. WILLIAM SCOTTO

William Scotto is a soldier in the Gambino family. He is charged in Count One with racketeering conspiracy, including three predicate acts of extortion, extortion conspiracy, extortionate collection of credit, and extortionate collection of credit conspiracy. Scotto is also charged in substantive counts with extortion, extortion conspiracy, extortionate collection of credit, and extortionate collection of credit conspiracy. Further, Scotto recently pled guilty to racketeering with predicate acts of extortion that were unrelated to the charges in this case. On February 4, 2008, the Honorable Charles Sifton sentenced Scotto to 33 months imprisonment. Scotto is scheduled to surrender in April 2008.

The government seeks a permanent order of detention for Scotto on the grounds that he is both a danger to the community and a risk of flight.

1. Proffered Facts

The government hereby proffers the following facts relevant to the pretrial detention of Scotto.

a. Scotto Is a Gambino Family Soldier

Scotto is a Gambino family soldier. The government will establish Scotto’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.

At least three cooperating witnesses are expected to testify that Scotto is a soldier in the Gambino family. This testimony is corroborated by consensual recordings showing Scotto engaging in Gambino family business.

The available surveillance evidence also establishes Scotto’s association with and position in the Gambino family. In the last two years alone, Scotto was surveilled attending the June 2006 wake of Anna Trucchio, mother of incarcerated Gambino family soldier Ronald Trucchio and grandmother of Gambino family soldier Alphonse Trucchio, and the September 2006 wake of the sister of Gambino family captain Bartolomeo “Baboots” Vernace.

b. Crimes of Violence

As noted above, Scotto is charged in crimes of violence. A brief proffer of the facts pertaining to each of the extortions follows.

i. Extortion/Extortionate Collection of Credit - ADCO Electrical Corporation

A cooperating witness is expected to testify to the following.

In late April 2005, Scotto approached Joseph Vollaro to collect a debt owed to ADCO Electrical Corporation, a company that had come under Scotto’s control. Joseph Vollaro paid $4,000 demanded of him by Scotto.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including a recording of the conversation in which Scotto demanded and Joseph Vollaro paid the debt to ADCO Electrical Corporation, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) testimony from multiple cooperating witnesses who were former Gambino family members that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.

ii. Extortion/Extortionate Collection of Credit - El Camino Trucking

A cooperating witness is expected to testify to the following.

In early June 2005, Scotto approached Joseph Vollaro to collect a debt owed to El Camino Trucking, a company that had come under Scotto’s control. Joseph Vollaro paid the $5,000 demanded of him by Scotto to El Camino Trucking in the form of free trucking services.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including a recording of the conversation in which Scotto demanded that Joseph Vollaro pay the debt to El Camino Trucking, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) testimony from multiple cooperating witnesses who were former Gambino family members that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.

iii. Extortion Conspiracy/Attempted Extortion - Cracolici Dispute

A cooperating witness is expected to testify to the following.

In approximately January 2006, Gambino family associate Gino Cracolici asserted that Joseph Vollaro owed him $70,000 in connection with a certain trucking business and turned to Scotto and Gambino family soldier Anthony Licata to force Joseph Vollaro to pay the money. Thereafter, Scotto participated in meetings with other members of the Gambino family to resolve the dispute in favor of Cracolici.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, including surveillance of the February 2006 meeting relating to Cracolici’s claims described above, and (iii) multiple cooperating witnesses who were former Gambino family members who are expected to testify that individuals being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face some form of retaliation.

2. Scotto Constitutes a Danger to the Community and Should Be Detained

As discussed above, Scotto is a Gambino family soldier with a violent past who has continued to engage in acts of violence.

a. Nature and Circumstances of the Crimes Charged

Scotto is charged with numerous extortions, which alone merit detention on the basis of dangerousness.

b. History and Characteristics of the Defendant

As noted, Scotto is a Gambino family soldier. He is a criminal who has sworn an oath to a violent criminal enterprise. He also is a convicted felon, having pled guilty in 2007 to racketeering that included predicate acts of extortion dating back to 1995 - for which he received a term of incarceration of 33 months.

c. Seriousness of Danger Posed by the Defendant’s Release

Scotto has engaged in acts of extortion dating back to 1995 on behalf of the Gambino family and his recent involvement in acts of violence, including the three extortions detailed above make clear that Scotto is a danger to the community,

d. Evidence of the Defendant’s Guilt

The government’s evidence of Scotto’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy charge, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted and participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affect, interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.

First, the government will prove the existence of the Gambino family and Scotto’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, consensual recordings and surveillance. At least three cooperating witnesses are expected to testify that the Gambino family exists and that Scotto is a longstanding member of the family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect interstate commerce.

Finally, to prove that Scotto engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses and multiple consensual recordings. The government’s evidence of Scotto’s guilt is thus very strong and clearly favors detention.

3. Scotto Also Constitutes a Risk of Flight

In addition to the reasons set for above, given that he is due to surrender to serve a 33-month prison term and now faces another 20 years’ imprisonment if convicted, Scotto also constitutes a risk of flight. See United States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding that the possibility of a “severe sentence” heightens the risk of flight). The strength of the government’s case makes Scotto’s incentive to flee even stronger. Thus, he should also be detained as a risk of flight.

IV. Conclusion

For the reasons cited above, the government hereby moves for a permanent order of detention with respect to the following defendants: Thomas Cacciopoli, Frank Cali, Charles Carneglia, Mario Cassarino, Domenico Cefalu, Joseph Corozzo, Nicholas Corozzo, John D’Amico, Leonard DiMaria, Vincent Dragonetti, Louis Filippelli, Vincent Gotti, Richard G. Gotti, Ernest Grille, James Outerie, Richard Ranieri, Angelo Ruggiero, Jr. and William Scotto.
Respectfully submitted,

BENTON J. CAMPBELL

United States Attorney

Eastern District of New York

271 Cadman Plaza East

Brooklyn, New York 11201

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:53 am

2. Grillo Constitutes a Danger to the Community and Should Be Detained

As discussed above, Grillo is a Gambino family soldier with a violent past who has continued to engage in acts of violence.

a. Nature and Circumstances of the Crimes Charged

Grillo is charged with multiple extortions. These crimes alone merit detention on the basis of dangerousness.

b. History and Characteristics of the Defendant

As noted, Grillo is a Gambino family soldier. He is a life-long criminal who has sworn an oath to a violent criminal enterprise. He also is a multiple convicted felon. Below is a brief summary of Grillo’s arrests and convictions:
• On July 5, 1973, Grillo was arrested for Possession of a Loaded Firearm, Forgery in the Second Degree and Driver’s Licence Violations. On September 5, 1973, he was convicted of an Attemped Class E Felony and Driver’s License Violations. Grillo received a sentence of five years probation.

• On October 17, 1974, Grillo was arrested for Possession of Stolen Property in the Third Degree and Petit Larceny. On January 21, 1975, Grillo pled guilty to Attempted Possession of Stolen Property and received a sentence of conditional discharge.

• On October 2, 1977, Grillo was arrested for Attempted Burglary and Harassment. On December 1, 1977, Grillo pled guilty to Harassment and was given a sentence of a fine of $150 or 10 days’ imprisonment.

• On October 12, 1988, Grille was arrested for Murder in the Second Degree, Conspiracy in the Second Degree, Grand Larceny in the Second Degree, Coercion in the First Degree, Criminal Usury in the First Degree and Promoting Gambling in the First Degree, among other charges. On April 17, 1989, Grille pled guilty to Enterprise Corruption and received a sentence of six to 18 years’ imprisonment. Grille was incarcerated until October 6, 2000, and released from parole on October 29, 2003.


c. Seriousness of Danger Posed by the Defendant’s Release

Grille has long engaged in violence on behalf of the Gambino family. His recent involvement in acts of violence include the multiple charged extortions with Gambino family captain Leonard DiMaria. The violent nature of the Gambino family’s method of collecting money is made clear in the following recording of DiMaria: “You have to go bother these people for your money. . . they are going to tell you we got to sit down and talk and this and that. Rough them up a little. Tell them, ‘You’re a fucking stiff.’ Tell them what you have to tell them. . . . The next guy that owes you money from there with them guys, you catch them, and that’s what I’m saying, that you check in with the other guys . . . Crack a face, fuck them up. Don’t you do it, send a fucking kid to rough them up, a fucking joke.”

The crimes charged, coupled with Grille’s prior conviction for a crime of violence, make clear that Grille is a danger to the community.

d. Evidence of the Defendant’s Guilt

The government’s evidence of Grille’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy charge, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted and participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affect, interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.

First, the government will prove the existence of the Gambino family and Grille’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, consensual recordings and surveillance. At least three cooperating witnesses are expected to testify that the Gambino family exists and that Grille is a longstanding member of the family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect, interstate commerce.

Finally, to prove that Grille engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses, consensual recordings and court-authorized wiretaps.

The government has more than 100 consensual recordings documenting Grille’s involvement in the extortions for which he is indicted in this case.

The government’s evidence of Grillo’s guilt is thus overwhelming and clearly favors detention.

3. Grillo Also Constitutes a Risk of Flight

In addition to the reasons set for above, given that he faces 20 years’ imprisonment if convicted, Grillo also constitutes a risk of flight. See United States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding that the possibility of a “severe sentence” heightens the risk of flight). The strength of the government’s case makes Grillo’s incentive to flee even stronger. Thus, he should also be detained as a risk of flight.

O. JAMES OUTERIE

James Outerie, a Gambino family soldier, is charged with RICO conspiracy, including four predicate acts of extortionate collection of credit and extortionate collection of credit conspiracy, and an additional predicate act of illegal gambling. Outerie is also charged in substantive counts with extortionate collection of credit, extortionate collection of credit conspiracy and illegal gambling.

If convicted, Outerie faces a term of 20 years’ imprisonment on the racketeering conspiracy count, as well as for each of the four extortionate collection of credit and extortionate collection of credit conspiracy counts. Were Outerie sentenced to consecutive terms of imprisonment for just the four extortionate schemes covered in these counts - the evidence of which includes recorded conversations capturing Outerie’s active participation in the extortions - he faces a combined term of imprisonment of 80 years. Outerie is a 54-year-old recidivist with more than 11 arrests and four criminal convictions dating back over 35 years. He has been imprisoned twice, once for armed robbery. He is currently under home detention while awaiting trial under separate RICO conspiracy charges brought against him in this district last year.

The government seeks a permanent order of detention against Outerie on the ground that he is both a danger to the community and a risk of flight.

1. Proffered Facts

The government hereby proffers the following facts relevant to the pretrial detention of Outerie.

a. Outerie Is a Gambino Family Soldier

Outerie is a longstanding Gambino family soldier. The government will establish Outerie’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.

Cooperating witnesses are expected to testify that Outerie is a longstanding member of the Gambino family. This testimony will be corroborated by multiple consensual recordings and surveillance evidence which also establishes Outerie’s position in the Gambino family. As early as 1996, Outerie has been observed with other members of the Gambino family at various organized crime-related events. In the past two years, Outerie was surveilled attending the June 2006 wake of Anna Trucchio, mother of incarcerated Gambino family soldier Ronald Trucchio and grandmother of Gambino family soldier Alphonse Trucchio and the January 2007 wake of Maryann Corozzo, the wife of Gambino family soldier Blaise Corozzo. During the same time period, Outerie has also been observed meeting with co-defendants Leonard DiMaria, Richard Ranieri, and Gambino family associate Steven laria and others on multiple occasions in social clubs, diners and other locations throughout Brooklyn and Staten Island.

b. Crimes of Violence

As noted above, the four acts of loansharking charged against Outerie are all crimes of violence.

i. Extortionate Collection of Credit/Extortionate Collection of Credit Conspiracy - John Does #6-9

Outerie is charged with extortionate collection of credit and extortionate collection of credit conspiracy - loansharking - with respect to four loanshark victims, John Does #6 through #9, from approximately November 2005 to June 2006. Outerie was involved in the day-to-day collection of loanshark monies owed to him. In this role, Outerie was involved in threatening debtors and instructing others to threaten debtors, among other criminal activities. The government will establish Outerie’s involvement in loansharking through the testimony of cooperating witnesses and consensual recordings.

For example, consensual recordings from late 2005 and early 2006 reveal Outerie discussing a loanshark victim’s “shy loan.” At one point, Outerie’s co-defendant Richard Ranieri made arrangements for John Doe #6 to meet Outerie and Ranieri late one evening. Ranieri commented how John Doe #6 had “fucking paid James with a check,” and how “[fjucking James takes checks now,” referring to Outerie. At one point, Ranieri said, again referring to Outerie, “he said tell this fucking kid to bring some fucking dough with him.” Ranieri later said, “See if he can bring some money, ‘cause he’s going to get fucking crazy something,” again referring to Outerie. In another recording, it is explained that Outerie and Ranieri had attempted to collect the debts from a victim by calling his house and speaking with his family members.

2. Outerie Constitutes a Danger to the Community and Should Be Detained

As discussed above, Outerie is a Gambino family soldier with a violent past who has continued to engage in acts of violence.

a. Nature and Circumstances of the Crimes Charged

Outerie is charged with four acts of extortion. Extortions are crimes of violence. See 18 U.S.C. § 3156(a)(4)(A) (defining “crime of violence” as an offense that has as one of its elements the “attempted use, or threatened use of physical force against the person or property of another”). These crimes alone merit detention on the basis of dangerousness.

b. History and Characteristics of the Defendant

As noted, Outerie is a Gambino family soldier. He is a life-long criminal who has sworn an oath to a violent criminal enterprise. He also is a multiple convicted felon. Below is a brief summary of Outerie’s arrests and convictions:
• On July 16, 1972, Outerie was arrested in Kings County for Attempted Robbery in the 1 st Degree involving the use or threatened use of a dangerous instrument, among other charges. He pled guilty to Petit Larceny and received a probationary sentence of three years.

• On January 6, 1982, Outerie was arrested in Kings County for Robbery in the 1 st Degree, Kidnapping in the 2nd Degree, Criminal Use of a Firearm in the 1st Degree, Criminal Possession of a Loaded Firearm in the 3rd Degree, and Grand Larceny in the 2nd Degree. He pled guilty to Robbery in the 1st Degree and was sentenced to two to six years in prison.

• On March 28, 1991, Outerie was arrested in Kings County for Grand Larceny in the 2nd Degree: Property Obtained by Extortion. He pled guilty to Grand Larceny in the 4th Degree and was sentenced to 20 to 42 months in prison.

• On June 28, 1996, Outerie was arrested in Richmond County for a misdemeanor fireworks-related offense. He pled guilty and paid a fine.

• On February 27, 2007, Outerie was arrested in the Eastern District of New York and charged with RICO conspiracy, including predicate acts involving loansharking; those charges are currently pending.


Given Outerie’s past history of involvement in violent crimes, including armed robbery, and arrests for loansharking, extortion and gambling - similar to the very crimes with which he is currently charged - his “history and characteristics” favor detention.

c. Seriousness of Danger Posed by the Defendant’s Release

Outerie’s recent involvement in loansharking, coupled with his prior conviction for a crime of violence (the 1982 armed robbery), make clear that he is a danger to the community.

d. Evidence of the Defendant’s Guilt

The government’s evidence of Outerie’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy charge, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted and participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affect, interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.

First, the government intends to prove the existence of the Gambino family and Outerie’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Cooperating witnesses are expected to testify that the Gambino family exists and that Outerie is a longstanding associate and member of the family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect, interstate commerce.

Finally, to prove that Outerie engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses and consensual recordings in which he is overheard discussing his involvement in loansharking. The government’s evidence of Outerie’s guilt is thus overwhelming and clearly favors detention.

3. Outerie Also Constitutes a Risk of Flight

In addition to the reasons set for above, given that he faces 20 years’ imprisonment if convicted, Outerie also constitutes a risk of flight. See United States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding that the possibility of a “severe sentence” heightens the risk of flight). The strength of the government’s case makes Outerie’s incentive to flee even stronger. Thus, he should also be detained as a risk of flight.

P. RICHARD RANIERI

Richard Ranieri, a Gambino family associate, is charged with RICO conspiracy, including six predicate acts of extortionate collection of credit and extortionate collection of credit conspiracy, and an additional predicate act of illegal gambling. Ranieri is also charged in substantive counts with extortionate collection of credit, extortionate collection of credit conspiracy and illegal gambling.

If convicted, Ranieri faces a term of 20 years’ imprisonment on the racketeering conspiracy count, as well as for each of the 11 extortionate collection of credit and extortionate collection of credit conspiracy counts. Were Ranieri sentenced to consecutive terms of imprisonment for just the six extortionate schemes covered in these counts - the evidence of which includes recorded conversations capturing Ranieri’s active participation in the loansharking - he faces a combined term of imprisonment of 120 years.

The government seeks a permanent order of detention against Ranieri on the ground that he is both a danger to the community and a risk of flight.

1. Proffered Facts

The government hereby proffers the following facts relevant to the pretrial detention of Ranieri.

a. Ranieri Is a Gambino Family Associate

Ranieri has been associated with the Gambino family and Nicholas Corozzo’s crew for years. The government will establish Ranieri’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.

Cooperating witnesses are expected to testify that Ranieri is a longstanding associate of the Gambino family. This testimony will be corroborated by multiple consensual recordings and surveillance evidence. In January 2007, Ranieri was surveilled attending the January 2007 wake of Maryann Corozzo, the wife of Gambino family soldier Blaise Corozzo. In 2006, Ranieri was also observed meeting with co-defendants Leonard DiMaria, James Outerie and Gambino family associate Steven laria and others on multiple occasions in restaurants, on piers and at other locations throughout Brooklyn and Staten Island.

b. Crimes of Violence

As noted above, the six acts of loansharking charged against Ranieri are all crimes of violence.

i. Extortionate Collection of Credit/Extortionate Collection of Credit Conspiracy - John Does #6-#l 1

Ranieri is charged with extortionate collection of credit and extortionate collection of credit conspiracy - loansharking - with respect to six loanshark victims, John Does #6 through #11, from approximately November 2005 to September 2006. Ranieri was involved in the day-to-day collection of loanshark monies owed to him and Outerie. In this role, Ranieri was involved in threatening debtors, among other activities. The government will establish Ranieri’s involvement in loansharking through the testimony of cooperating witnesses and consensual recordings.

For example, consensual recordings from late 2005 and early 2006 reveal Outerie discussing a loanshark victim’s “shy loan.” At one point, Ranieri made arrangements for John Doe #6 to meet him and Outerie late one evening. Ranieri commented how John Doe #6 had “fucking paid James with a check,” and how “[fjucking James takes checks now,” referring to Outerie. At one point, Ranieri said, again referring to Outerie, “he said tell this fucking kid to bring some fucking dough with him.” Ranieri later said, “See if he can bring some money, ‘cause he’s going to get fucking crazy something,” again referring to Outerie. In another recording, it is explained that Ranieri and Outerie had attempted to collect the debts from a victim by calling his house and speaking with his family members.

2. Ranieri Constitutes a Danger to the Community and Should Be Detained

As discussed above, Ranieri is a Gambino family associate who is engaging in acts of violence.

a. Nature and Circumstances of the Crimes Charged

Ranieri is charged with six acts of extortion. Extortions are crimes of violence. See 18 U.S.C. § 3156(a)(4)(A) (defining “crime of violence” as an offense that has as one of its elements the “attempted use, or threatened use of physical force against the person or property of another”). These crimes alone merit detention on the basis of dangerousness.

b. History and Characteristics of the Defendant

Ranieri is an associate of the Gambino family who engages in a variety of criminal activities, including serving as the enforcer for the loansharking operation run by Outerie.

c. Seriousness of Danger Posed by the Defendant’s Release

Ranieri’s association with the Gambino family and his willingness to do Outierie’s bidding make clear that he is a danger to the community.

d. Evidence of the Defendant’s Guilt

The government’s evidence of Ranieri’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy charge, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted and participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affect, interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.

First, the government intends to prove the existence of the Gambino family and Outerie’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Cooperating witnesses are expected to testify that the Gambino family exists and that Ranieri is a longstanding associate of the family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect, interstate commerce.

Finally, to prove that Ranieri engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses and consensual recordings in which he is overheard discussing his involvement in loansharking. The government’s evidence of Ranieri’s guilt is thus overwhelming and clearly favors detention.

3. Ranieri Also Constitutes a Risk of Flight

In addition to the reasons set for above, given that he faces 20 years’ imprisonment if convicted, Ranieri also constitutes a risk of flight. See United States v. Dodge. 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding that the possibility of a “severe sentence” heightens the risk of flight). The strength of the government’s case makes Ranieri’s incentive to flee even stronger. Thus, he should also be detained as a risk of flight.

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:52 am

M. RICHARD G. GOTTI

Richard G. Gotti is a soldier in the Gambino family and is charged in the indictment with the murder conspiracy/attempted murder of John Doe #5 in 2003, and conspiracy to distribute marijuana in approximately 1997-1998.

The attempted murder/murder conspiracy with which Gotti has been charged constitutes a crime of violence. Accordingly, the government seeks a permanent order of detention for Gotti on the grounds that he is a danger to the community and that a risk of flight.

1. Proffered Facts

The government hereby proffers the following facts relevant to the pretrial detention of Gotti.

a. Gotti Is a Gambino Family Soldier

Gotti is a longstanding Gambino family soldier. The government will establish Gotti’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.

More than three cooperating witnesses are expected to testify that Gotti is a soldier in the Gambino family. This testimony is corroborated by consensual recordings of co-conspirators discussing Gotti. The available surveillance evidence of Gotti attending various Gambino family members or relatives weddings or wakes also establishes Gotti’s association with and position in the Gambino family. Cooperating witnesses and an organized crime expert are expected to testify that Gambino family business is often discusses at these events. As early as March 11, 1993, Gotti has been observed at locations and events relating to the Gambino family, including the June 3, 2001 wedding of Frank Cali.

b. Crimes of Violence

As noted above, Gotti is charged with the May 2003 murder conspiracy/attempted murder of John Doe #5. Two cooperating witnesses are expected to testify that Vincent Gotti wanted John Doe #5 murdered. Because Richard G. Gotti and Gambino family soldier Robert Mormando owed Vincent Gotti a large sum of money from a loanshark debt, Vincent Gotti told them that he would reduce the debt if they killed John Doe #5. Angelo Ruggerio, Jr. was also tasked to help carry out the murder. After some planning, early in the morning on May 4, 2003, John Doe #5 was shot several times while sitting in his car parked outside his home in Queens. John Doe #5 survived the shooting and was able to drive away. He ended up at Jamaica Hospital. Hospital record confirm that John Doe #5 was hit several times in the upper torso.

2. Gotti Constitutes a Danger to the Community and Should Be Detained

As discussed above, Gotti is a Gambino family soldier with a violent past who has continued to engage in acts of violence.

a. Nature and Circumstances of the Crimes Charged

Gotti is charged with a crime of violence and he faces 20 years’ imprisonment if convicted. Gotti was also involved in a conspiracy to distribute marijuana. These crimes alone merit detention on the basis of dangerousness.

b. History and Characteristics of the Defendant

As noted, Gotti is a Gambino family soldier. He is a criminal who has sworn an oath to a violent criminal enterprise. Gotti also committed these acts while he was awaiting sentencing by the Honorable Frederic Block in United States v. Ciccone. Gotti was convicted in March 2003 and sentenced in July 2004. Accordingly, he continued to commit crimes even though he was on supervised release. See 18 U.S.C. § 3142(g)(3)(B). The fact that Gotti was involved in a murder conspiracy while he was on supervision demonstrates that he will not abide by the rules and restrictions of the court. Accordingly, this factor strongly favors detention.

c. Seriousness of Danger Posed by the Defendant’s Release

Gotti has engaged in violence on behalf of the Gambino family while he was on pretrial supervision, demonstrating that he is a danger to the community. Gotti’s disregard for court orders and his oath to a violent criminal enterprise to do its bidding weighs strongly in favor of detaining Gotti, as he has shown himself to be a danger when out on release.

d. Evidence of the Defendant’s Guilt

The government’s evidence of Gotti’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy charge, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted and participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affect, interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.

First, the government will prove the existence of the Gambino family and Gotti’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, consensual recordings and surveillance. At least three cooperating witnesses are expected to testify that the Gambino family exists and that Gotti is a longstanding member of the family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect, interstate commerce.

Finally, to prove that Gotti engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses and lay witnesses. Two cooperating witnesses will detail the planning and execution of the murder conspiracy/attempted murder and law enforcement officers and lay witnesses will corroborate their testimony. Accordingly, the government’s evidence of Gotti’s guilt is overwhelming and clearly favors detention.

3. Gotti Also Constitutes a Risk of Flight

In addition to the reasons set forth above, given that he faces 20 years’ imprisonment if convicted, Gotti also constitutes a risk of flight. See United States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding that the possibility of a “severe sentence” heightens the risk of flight). The strength of the government’s case makes Gotti’s incentive to flee even stronger. Thus, he should also be detained as a risk of flight.

N. ERNEST GRILLO

Ernest Grille is a longtime soldier in the Gambino family. He is charged in Count One with racketeering conspiracy, including three predicate acts of extortion, attempted extortion and extortion conspiracy. Grille is also charged with extortion, attempted extortion and extortion conspiracy.

The counts in which Grille has been charged constitute crimes of violence. Accordingly, the government seeks a permanent order of detention for Grille on the grounds that he is both a danger to the community and a risk of flight.

1. Proffered Facts

The government hereby proffers the following facts relevant to the pretrial detention of Grille.

a. Grillo Is a Gambino Family Soldier

Grillo is a longstanding Gambino family soldier. The government will establish Grillo’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.

At least three cooperating witnesses are expected to testify that Grillo is a member of the Gambino family.

This testimony is corroborated by the more than 150 recorded conversations involving Grillo. During the course of the recordings, he is heard engaging in the Gambino family’s business, explicitly discussing the crimes with which he is charged, the involvement of other Gambino family members in these crimes, and his position in the Gambino family’s hierarchy. Scores of recorded conversations with other Gambino family members referencing Grille further demonstrate his position in the family.

The available surveillance evidence also establishes Grille’s long-lived association with and position in the Gambino family. As early as 1984 - nearly 25 years ago - Grille has been observed at locations and events relating to the Gambino family. He has been observed with other members of the Gambino family at multiple weddings and wakes. Cooperating witnesses and an organized crime expert are expected to testify that these events are attended by dozens of other members and associates of organized crime, many of whom are convicted felons who committed those crimes as part of an organized crime family, and that Gambino family business is routinely conducted at such events. Grille was observed at the December 1984 Agnello-Gotti wedding, the 1985 wake of underboss Aniello Dellacroce, and the 1986 wake of former Gambino family underboss Frank DeCicco. In the past year, Grille was surveilled at the November 2007 wake of Gambino family captain Giuseppe “Joseph” Arcuri.

b. Crimes of Violence

As noted above, Grille is charged in multiple extortions, all crimes of violence. A brief proffer of the facts pertaining to each of the extortions follows.

i. Extortion Conspiracy/Extortion - Staten Island Cement Company Profits

A cooperating witness is expected to testify to the following.

In approximately December 2003, Joseph Vollaro approached Gambino family captain Thomas Cacciopoli and requested permission to open a cement company on Staten Island. Due to the Gambino family’s control of the New York cement industry, Cacciopoli, together with Gambino family captain Louis Filippelli, engaged in a series of meetings to obtain permission from the Gambino family’s administration to open such a company. Cacciopoli and Filippelli succeeded and informed Joseph Vollaro that he could start the company provided that following a one-year grace period, the Gambino family would receive 15% or $1 per yard for all cement sold, with the payments to be collected by Filippelli and passed through to the family’s administration.

Joseph Vollaro opened the company in April 2004. Since May 2005, he has paid over $60,000 of extortion payments to the Gambino family. The initial payments were collected by Gambino family soldier Vincent Pacelli on behalf of the then incarcerated Filippelli. After Gambino family captain Nicholas Corozzo assumed control of Joseph Vollaro from Filippelli in late June 2005, payments were collected on his behalf for the administration by Gambino family captain Leonard DiMaria, who controlled Joseph Vollaro for Corozzo while Corozzo was on supervised release, as well as by Grille and Gambino family soldier Mario Cassarino.

Multiple members of the Gambino family informed Joseph Vollaro that the profits from his Staten Island cement company were passed along to the Gambino family administration, and that the administration consists of acting boss John D’Amico, acting underboss Domenico Cefalu and consigliere Joseph Corozzo.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion; (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations; (iii) testimony from multiple cooperating witnesses who were members and associates of the Gambino family that the family controlled the cement industry on Staten Island and would not allow anyone to open a cement company without paying extortion to the family; (iv) testimony from a cooperating witness who is a former Gambino family soldier with extensive knowledge of the family’s construction rackets that extortion payments related to cement were passed along to the administration of the family; and (v) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation.

ii. Extortion Conspiracy/Extortion - Construction List

A cooperating witness is expected to testify to the following.

In July 2005, Gambino family captain Leonard DiMaria instructed Joseph Vollaro to help soldier Ernest Grille reinitiate collections from construction companies that had been making extortion payments to then jailed Gambino family soldier Edward Garafola prior to his incarceration. Garafola, who had been a member of the Gambino family’s “construction panel,” a body which oversees the Gambino family’s construction rackets, had exacted extortionate payments from scores of construction companies prior to his incarceration, but had not shared the identity of all those companies with his Gambino family superiors.

Joseph Vollaro contacted Grille as instructed. Together with Ruggiero and Gambino family associate Anthony O’Donnell, who had been Garafola’s right hand in conducting the extortions, and who had accompanied Garafola on one occasion while Garafola assaulted a contractor who was late in his payments, the men repeatedly met to reconstruct a list of the contractors who had been paying Garafola extortion and to plot the reinitiation of collections. Under the supervision and at the direction of Corozzo and DiMaria, the four men created a list of more than 40 construction companies and individual contractors that formerly paid extortion to Garafola. Grille, Ruggiero and O’Donnell then approached a number of the companies to place them back under Gambino family control.

During the this process, Edward Garafola’s son asserted his father’s right to the extortion victims, and complained of the efforts to take away his father’s former victims. In response, Grille told Joseph Vollaro that he assaulted Garafola’s son, saying, “I choked him out.”

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family, and the participants in many of the taped conversations, and (iii) the testimony of a cooperating witnesses who was a former Gambino family member and member of the Gambino family construction panel who was tasked with compiling the same construction list years earlier but failed to complete the job prior to his arrest and incarceration, property or persons.

iii. Extortion Conspiracy/Extortion - NASCAR Construction Site

A cooperating witness is expected to testify to the following.

In January 2006, NASCAR had begun construction on a racetrack in Staten Island. Recine Trucking, a company under the control of Gambino family acting underboss Domenico Cefalu, was among the first companies hired to bring fill to the site. Thereafter, Gambino family soldier Ernest Grille acquired exclusive dumping rights at the site for Joseph Vollaro.

From late January 2006 to May 2006, Grille, Cefalu and Gambino family members Leonard DiMaria, Vincent Dragonetti, Nicholas Corozzo and Frank Cali negotiated the amount of extortion Joseph Vollaro would be required to pay for the exclusive dumping rights. Eventually, Joseph Vollaro received those rights on the condition that he make extortion payments of $.50 per yard of fill dumped to Corozzo and DiMaria, and $.50 per yard of fill dumped to Cefalu and Cali.

Before Joseph Vollaro could begin dumping at the site pursuant to these terms, the exclusive dumping deal fell through. Later, after a new deal was worked out, Corozzo and DiMaria directed Joseph Vollaro to take the job on the condition that he pay them $1 for every yard of fill dumped at the site.

Joseph Vollaro also was required to make a one-time $9,000 payment to NASCAR employee Todd Polakoff on behalf have NASCAR executive William Kilgannon.

Joseph Vollaro worked at the site for a short time and made approximately $13,000 in extortion payments to Gambino family soldier Mario Cassarino, who collected the extortion payments for Corozzo and DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:51 am

. LOUIS FILIPPELLI

Louis Filippelli is an acting captain in the Gambino family. In March 2006, Filippelli pled guilty in the Southern District of New York to racketeering conspiracy, including predicate acts of extortion. He was sentenced to 46 months’ incarceration by the Honorable Alvin K. Hellerstein on July 19, 2006. The government seeks pretrial detention of Filippelli based on factors outlined in the Bail Reform Act: that is, the nature and circumstances of the offense charged, the weight of the evidence against Filippelli, the history and characteristics of the defendant and the nature and seriousness of the danger to any person or the community that would be posed by the person’s release.

Specifically, Filippelli is an acting captain in a violent criminal enterprise who is charged with extortions, which constitute crimes of violence. Tape recorded conversations detail Filippelli’s role in the crimes charged, for which he faces a term of incarceration of 20 years or more. Further, Filippelli was engaged in criminal conduct while on pretrial detention [correct?]. He is currently incarcerated. Should Filippelli be eligible for release during the pendency of this case, he should continue to be detained based on based on his demonstrated disregard for the court’s orders, his dangerousness to the community and the risk that he will flee.

L. VINCENT GOTTI

Vincent Gotti is a soldier in the Gambino family and is charged in Count One, racketeering conspiracy, with crimes of violence, including murder conspiracy, attempted murder and loansharking. Gotti also is charged with a narcotics offense -- conspiracy to distribute over five kilograms of cocaine.

Because the crimes for which Gotti has been charged constitute crimes of violence and narcotics offenses for which the maximum term of imprisonment is life, the government seeks a permanent order of detention for Gotti on the grounds that he is a danger to the community and a risk of flight.

1. Proffered Facts

The government hereby proffers the following facts relevant to the pretrial detention of Gotti.

a. Gotti Is a Gambino Family Soldier

Gotti is a Gambino family soldier. The government will establish Gotti’s position in the Gambino family through the testimony of cooperating witnesses and surveillance evidence. Each category of evidence is briefly discussed below. More than three cooperating witnesses are expected to testify that Gotti is a soldier of the Gambino family. This information is corroborated by both consensual recordings in which Gotti is discussed by co-conspirators and surveillance evidence. For example, in the past five years, Gotti was surveilled attending the November 2003 wake of John Gurino, an associate in the Gambino family, and the June 2006 wake of Anna Trucchio, mother of incarcerated Gambino family soldier Ronald Trucchio and grandmother of Gambino family soldier Alphonse Trucchio.

b. Crimes of Violence and Cocaine Distribution Conspiracy

As noted above, Gotti is charged with crimes of violence including murder conspiracy/attempted murder and loansharking. Gotti is also charged with conspiracy to distribute over five kilograms of cocaine, for which the maximum term of imprisonment is life. Below is a summary proffer of the facts pertaining to these charges.

i. Murder Conspiracy/Attempted Murder of John Doe

Two cooperating witnesses are expected to testify to the following. Vincent Gotti wanted John Doe #5 murdered. Because Richard G. Gotti and Gambino family soldier Robert Mormando owed Vincent Gotti a large sum of money from a loanshark debt, Vincent Gotti told them that he would reduce the debt if they killed John Doe #5. Angelo Ruggerio, Jr. was also tasked to help carry out the murder. After some planning, early in the morning on May 4, 2003, John Doe #5 was shot several times while sitting in his car parked outside his home in Queens. John Doe #5 survived the shooting and was able to drive away. He ended up at Jamaica Hospital. Hospital records confirm that John Doe #5 was hit several times in the upper torso.

ii. Loansharking

Two cooperating witnesses are expected to testify that Vincent Gotti was partners with Vincent DeCongilio in a loanshark operation. Gotti and DeCongilio lent money at usurious rates of interest from the mid-1990s to 2005.

iii. Conspiracy to Distribute Cocaine

At least four cooperating witnesses are expected to testify that Gotti was involved with Ronald Trucchio, Joseph Corozzo and others from the mid-1980s through the mid-1990s in a conspiracy to distribute over five kilograms of cocaine from various bars in Ozone Park, Queens. In approximately the mid-1980s, Gotti, Corozzo, Trucchio, John A. Gotti and John Alite agreed to try to consolidate the cocaine being sold in the Ozone Park area. The drugs were being sold out of various pubs in Ozone Park including the PM Pub, which was controlled by Trucchio. Gotti had conversations with cooperating witnesses during which he discussed trying to consolidate cocaine being sold out of bars in Ozone Park, Queens. Trucchio was close to Corozzo at that time and Corozzo helped finance the drug activity. The minimum amount of drugs sold per week was approximately two kilograms. The witnesses are expected to testify that the cocaine trafficking conspiracy continued through the mid-1990s.

2. Gotti Constitutes a Danger to the Community and Should Be Detained

As discussed above, Gotti is a Gambino family soldier with a violent past who has continued to engage in acts of violence.

a. Nature and Circumstances of the Crimes Charged

Gotti is charged with murder conspiracy/attempted murder that occurred in 2003, loansharking, which is a crime of violence, and conspiracy to distribute over five kilograms of cocaine, for which the maximum term of imprisonment if life. Accordingly, the nature and circumstances of the crimes charged merit detention.

b. History and Characteristics of the Defendant

As noted, Gotti is a Gambino family soldier. He has sworn an oath to a violent criminal enterprise and as recently as 2003 he arranged to murder an individual. He also is a multiple convicted felon. Below is a brief summary of Gotti’s arrests and convictions:
• In 1974, Gotti pled guilty to robbery in the 3rd Degree.

• In 1985, Gotti pled guilty to criminal impersonation in the 2nd Degree.

• In 1985, Gotti pled guilty to criminal sale of a controlled substance.


Gotti was sentenced to a term of imprisonment of six years to life on the drug charge. Gotti was released in December 1991 and received life-time parole for this crime. Thus, Gotti was on parole while he engaged in loansharking and in the murder conspiracy/attempted murder of John Doe #5. See 18 U.S.C. § 3142(g)(3)(B). Thus, this prong of the analysis favors detention.

c. Seriousness of Danger Posed by the Defendant’s Release

Gotti is a soldier in a violent criminal enterprise and has himself engaged in acts of violence. Although just a soldier, in 2003, he was able to assemble a team of others to try to kill John Doe #5. His recent involvement in a murder conspiracy/attempted murder as well as loansharking, coupled with the narcotics trafficking, make clear that Gotti is a danger to the community. As a soldier, Gotti has taken a sworn oath to further the interests of the criminal enterprise. Given that he continued to commit crimes while on parole, it is likely that if called to do so, he will continue to commit crimes if he is released. Accordingly, this prong of the analysis favors detention.

d. Evidence of the Defendant’s Guilt

The government’s evidence of Gotti’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy charge, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted and participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affect, interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.

First, the government will prove the existence of the Gambino family and Gotti’s membership in that enterprise through, among other evidence, the testimony of numerous cooperating witnesses, consensual recordings and surveillance. More than four cooperating witnesses are expected to testify that the Gambino family exists and that Gotti is a member of the family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect interstate commerce.

Finally, to prove that Gotti engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses and consensual recordings. With respect to the murder conspiracy/attempted murder count, two cooperating witnesses will detail the agreement and testify as to what happened. They will both implicate Gotti as the one who arranged to have the victim killed. Further, lay witnesses will corroborate the testimony of the cooperating witnesses. With respect to the cocaine trafficking conspiracy, over four cooperating witnesses will detail the criminal arrangement among Gotti, Joseph Corozzo and others. These witnesses will elaborate on how the conspiracy operated, and their testimony is corroborated by law enforcement testimony. Finally, with respect to the loansharking conspiracy, two cooperating witnesses are expected to testify as to Gotti’s role in that conspiracy. Accordingly, the government’s evidence of Gotti’s guilt is strong and clearly favors detention.

3. Gotti Also Constitutes a Risk of Flight

In addition to the reasons set forth above, given that he faces life imprisonment if convicted, Gotti also constitutes a risk of flight. See United States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding the possibility of a “severe sentence” heightens the risk of flight). The strength of the government’s case makes Gotti’s incentive to flee even stronger. Thus, he should also be detained as a risk of flight.

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:51 am

I. LEONARD DIMARIA

Leonard DiMaria is charged in Count One with racketeering conspiracy, including 10 predicate acts of extortion, attempted extortion and extortion conspiracy, and additional predicate acts of union benefit theft, bribery of union officials, money laundering and illegal gambling. DiMaria is also charged with extortion, attempted extortion and extortion conspiracy, union benefit theft, conspiracy to embezzle union benefits, mail fraud, mail fraud conspiracy, money laundering and money laundering conspiracy.
If convicted as charged, DiMaria faces a term of 20 years’ imprisonment on the racketeering conspiracy count, as well as for each of the 20 extortion, attempted extortion and extortion conspiracy counts. Were DiMaria sentenced consecutively for just the 10 distinct extortions covered in these counts - the evidence for which includes more than 100 hours of recorded conversations capturing DiMaria discussing the extortions - he faces a term of imprisonment of 200 years.

Significantly, he will be sentenced as a career offender due to his past convictions for violent crime, resulting in a guidelines range of 210 to 262 months’ imprisonment for each extortion conviction. DiMaria is 67 years old and has more than 20 criminal convictions dating to 1957.

The government seeks to have a permanent order of detention entered against DiMaria on the grounds that he is a danger to the community and a risk of flight.


1. Proffered Facts

The government hereby proffers the following facts relevant to the charges lodged against DiMaria.

a. DiMaria Is a Captain in the Gambino Family

DiMaria is a longstanding member of the Gambino family who currently serves as a captain. The government will establish DiMaria’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.
More than a dozen cooperating witnesses are expected to testify that DiMaria has been a member of the Gambino family since the 1970’s. These same cooperating witness are expected to testify that since that time DiMaria has served as the right hand to powerful Gambino family captain Nicholas Corozzo. More than five cooperating witnesses are expected to testify that DiMaria himself is a member of the Gambino family and at least two are expected to testify that presently he is a captain.

This testimony is corroborated by the more than 80 recorded conversations involving DiMaria. During the course of the recordings, he is heard engaging in the Gambino family’s business - discussing the enterprise, its criminal activities, its members and rules of operation - in which his captain status is made plain by, among other things, statements demonstrating his control of other members of members of the Gambino family.

Surveillance evidence also establishes DiMaria’s long-term association with and position in the Gambino family. Since 1976 - more than 30 years ago - DiMaria has been observed at locations and events relating to the Gambino family. He has been observed with other members of the Gambino family at weddings and wakes in the 1970’s, 1980’s, 1990’s and in this decade. In addition, members of the Gambino family charged in the instant indictment, including acting boss John D’Amico, consigliere Joseph Corozzo, captain Nicholas Corozzo, captain Thomas Cacciopoli, acting captain Augustus Sclafani and two other soldiers, attended DiMaria’s daughter’s wedding and/or his mother’s wake. As recently as January 31, 2008, DiMaria was observed meeting with a cooperating witness to collect $8000 for the Gambino family’s administration. Cooperating witnesses and an organized crime expert are expected to testify that these events are attended by dozens of other members and associates of organized crime, many of whom are convicted felons who committed those crimes as part of an organized crime family, and that Gambino family business is routinely conducted at such events.


b. DiMaria Is Charged with Crimes of Violence

DiMaria is charged with extortion, attempted extortion and extortion conspiracy in 10 racketeering acts within count one’s RICO conspiracy charge, as well as in 20 substantive counts of the indictment. These charges stem from 10 separate extortions involving dozens of businesses and business owners within the New York construction industry. A brief proffer of the facts pertaining to each of the extortions follows.

i. Extortion Conspiracy/Extortion - Staten Island Cement Company Profits

A cooperating witness is expected to testify to the following.
In approximately December 2003, Joseph Vollaro approached Gambino family captain Thomas Cacciopoli and requested permission to open a cement company on Staten Island. Due to the Gambino family’s control of the New York cement industry, Cacciopoli, together with Gambino family captain Louis Filippelli, engaged in a series of meetings to obtain permission from the Gambino family’s administration to open such a company. Cacciopoli and Filippelli succeeded and informed Joseph Vollaro that he could start the company provided that following a one-year grace period, the Gambino family would receive 15% or $1 per yard for all cement sold, with the payments to be collected by Filippelli and passed through to the family’s administration.

Joseph Vollaro opened the company in April 2004. Since May 2005, he has paid over $60,000 of extortion payments to the Gambino family. The initial payments were collected by Gambino family soldier Vincent Pacelli on behalf of then incarcerated Louis Filippelli. After Gambino family captain Nicholas Corozzo assumed control of Joseph Vollaro from Filippelli in late June 2005, payments were collected on his behalf for the administration by DiMaria, who controlled Joseph Vollaro for Corozzo while Corozzo was on supervised release, as well as by Gambino family soldiers Mario Cassarino and Ernest Grillo.

Multiple members of the Gambino family informed Joseph Vollaro that the profits from his Staten Island cement company were passed along to the Gambino family administration, and that the administration consists of acting boss John D’Amico, acting underboss Domenico Cefalu and consigliere Joseph Corozzo.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, (iii) testimony from multiple cooperating witnesses who were members and associates of the Gambino family that the family controlled the cement industry on Staten Island and would not allow someone to open a cement company without paying extortion to the Gambino family, (iv) testimony from a cooperating witness who is a former Gambino family soldier with extensive knowledge of the family’s construction rackets that extortion payments related to cement were passed along to the administration of the family, and (v) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation.


ii. Extortion Conspiracy/Extortion - Staten Island Cement Company Sale

A cooperating witness is expected to testify to the following.
During the spring of 2007, a company offered to buy Joseph Vollaro’s Staten Island cement company. In keeping with instructions from Gambino family captains Nicholas Corozzo and Leonard DiMaria to consult them before making any decisions concerning his business, Joseph Vollaro informed DiMaria of the offer. DiMaria later told Joseph Vollaro that the family had agreed to allow him to make the sale, provided he pay $100,000 to the Gambino family.

In January 2008, Joseph Vollaro sold the Staten Island cement company. Thereafter, Gambino family consigliere Joseph Corozzo, through Gambino family solider Gus Sclafani, directed Joseph Vollaro to deliver the $100,000 to Joseph Corozzo. Later, Nicholas Corozzo and Leonard DiMaria directed Joseph Vollaro to deliver the money to Leonard DiMaria for distribution to the administration. As directed, Joseph Vollaro made a payment of the proceeds of the sale of the cement company to DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, (iii) testimony from multiple cooperating witnesses who were members and associates of the Gambino family that the family controlled the cement industry on Staten Island and would not allow someone to open a cement company without paying extortion to the Gambino family, (iv) testimony from a cooperating witness who is a former Gambino family soldier with extensive knowledge of the family’s construction rackets that extortion payments related to cement were passed along to the administration of the family, and (v) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


iii. Extortion Conspiracy/Attempted Extortion - Pump Truck

A cooperating witness is expected to testify to the following.
In June 2005, Joseph Vollaro sought permission from Gambino family captain Leonard DiMaria, who exercised day to day control over Joseph Vollaro for Gambino family captain Nicholas Corozzo, to purchase a cement pump truck and open a business. Later, DiMaria allowed Joseph Vollaro to start the business pursuant to an arrangement in which Joseph Vollaro would receive 40% of the pump truck profits and DiMaria and Corozzo would split the remaining profits together with Gambino family soldiers Ernie Grillo and Mario Cassarino. The pump truck business operated for a time, but ultimately the business was not profitable.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s attempted extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iv) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face retaliation against their businesses, property or persons.


iv. Extortion Conspiracy/Extortion - Liberty View Harbor Construction Site

A cooperating witness is expected to testify to the following.
In April 2006, Joseph Vollaro started a company which constructed a portable cement plant at the Liberty View Harbor construction site at which VMS Construction served as general contractor. VMS Construction is owned by Gambino family associate Anthony Scibelli, who is controlled by Gambino family soldier Vincent Dragonetti. In addition to the portable cement plant, two companies owned by Joseph Vollaro also performed work at the Liberty View Harbor site.

Joseph Vollaro obtained the work at the Liberty View Harbor site after Gambino family captain Nicholas Corozzo, who is Dragonetti’s father-in-law, granted him permission provided he pay 60% of the portable cement plant’s profits to Corozzo, Gambino family captain Leonard DiMaria and Dragonetti. In addition, Scibelli and Dragonetti demanded that Joseph Vollaro pay an additional $6 or $7 per yard of cement produced as well as extortionate payments for the other two businesses.

Over the course of the extortion, Jon Doe #4 made extortion payments to the Gambino family of more than $200,000.

Despite these payments, during the summer of 2007, with the backing of Corozzo, DiMaria and Dragonetti, Scibelli took possession of the portable cement plant without remuneration to Joseph Vollaro.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


v. Extortion Conspiracy/Extortion - Cement Powder Deliveries ___

A cooperating witness is expected to testify to the following.
In October 2007, following Gambino family soldier Anthony Scibelli’s takeover of his portable cement plant, Gambino family captains DiMaria and Corozzo approved a plan by which Joseph Vollaro would supply his former plant with the powder used to make cement at the Liberty View Harbor site. For this privilege, Joseph Vollaro was instructed to provide 60% of his profits relating to the cement powder deliveries to be split between Corozzo, DiMaria and Dragonetti. As directed, in the four months since, Joseph Vollaro has provided $6,000 in extortion payments.

Joseph Vollaro made the extortion payments demanded by his Gambino family handlers because he feared retaliation from the Gambino family and their associates.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including dozens of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


vi. Extortion Conspiracy/Extortion - Construction List

A cooperating witness is expected to testify to the following.
In July 2005, Gambino family captain Leonard DiMaria instructed Joseph Vollaro to help soldier Ernest Grillo reinitiate collections from construction companies that had been making extortion payments to then jailed Gambino family soldier Edward Garafola prior to his incarceration. Garafola, who had been a member of the Gambino family’s “construction panel,” a body which oversees the Gambino family’s construction rackets, had exacted extortionate payments from scores of construction companies prior to his incarceration, but had not shared the identity of all those companies with his Gambino family superiors.

Joseph Vollaro contacted Grillo as instructed. Together with Ruggiero and Gambino family associate Anthony O’Donnell, who had been Garafola’s right hand in conducting the extortions, and who had accompanied Garafola on one occasion while Garafola assaulted a contractor who was late in his payments, the men repeatedly met to reconstruct a list of the contractors who had been paying Garafola extortion and to plot the reinitiation of collections. Under the supervision and at the direction of Corozzo and DiMaria, the four men created a list of more than 40 construction companies and individual contractors that formerly paid extortion to Garafola. Grillo, Ruggiero and O’Donnell then approached a number of the companies to place them back under Gambino family control.

During the this process, Edward Garafola’s son asserted his father’s right to the extortion victims, and complained of the efforts to take away his father’s former victims. In response, Grillo told Joseph Vollaro that he assaulted Garafola’s son, saying, “I choked him out.”

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family, and the participants in many of the taped conversations, and (iii) the testimony of a cooperating witnesses who was a former Gambino family member and member of the Gambino family construction panel who was tasked with compiling the same construction list years earlier but failed to complete the job prior to his arrest and incarceration, property or persons.


vii. Extortion Conspiracy/Extortion - NASCAR Construction Site

A cooperating witness is expected to testify to the following.
In January 2006, NASCAR had begun construction on a racetrack in Staten Island. Recine Trucking, a company under the control of Gambino family acting underboss Domenico Cefalu, was among the first companies hired to bring fill to the site. Thereafter, Gambino family soldier Ernest Grillo acquired exclusive dumping rights at the site for Joseph Vollaro.

From late January 2006 to May 2006, Grillo, Cefalu and Gambino family members Leonard DiMaria, Vincent Dragonetti, Nicholas Corozzo and Frank Cali negotiated the amount of extortion Joseph Vollaro would be required to pay for the exclusive dumping rights. Eventually, Joseph Vollaro received those rights on the condition that he make extortion payments of $.50 per yard of fill dumped to Corozzo and DiMaria, and $.50 per yard of fill dumped to Cefalu and Cali.

Before Joseph Vollaro could begin dumping at the site pursuant to these terms, the exclusive dumping deal fell through. Later, after a new deal was worked out, Corozzo and DiMaria directed Joseph Vollaro to take the job on the condition that he pay them $1 for every yard of fill dumped at the site.

Joseph Vollaro also was required to make a one-time $9,000 payment to NASCAR employee Todd Polakoff on behalf have NASCAR executive William Kilgannon.

Joseph Vollaro worked at the site for a short time and made approximately $13,000 in extortion payments to Gambino family soldier Mario Cassarino, who collected the extortion payments for Corozzo and DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


viii. Extortion Conspiracy/Extortion - Excavation Company

A cooperating witness is expected to testify to the following.
In approximately January 2006, Gambino family captain Nicholas Corozzo instructed Joseph Vollaro to start an excavation business which, after a short period in which Joseph Vollaro would be allowed to operate the business without making extortion payments, would be required to pay 60% of its profits to Corozzo, Gambino family soldier Vincent Dragonetti and Gambino family captain Leonard DiMaria. Joseph Vollaro began making these payments a few months after starting the business. To date, Joseph Vollaro has paid more than $30,000 in extortion payments to DiMaria and Dragonetti, who collected the payments on Corozzo’s behalf.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including dozens of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


ix. Extortion Conspiracy/Extortion - John Does #4 & #12

A cooperating witness is expected to testify to the following.
In July 2006, Gambino family captain Leonard DiMaria informed Joseph Vollaro that John Doe #12, an individual close to Joseph Vollaro who previously made extortion payments to the commissary of jailed Gambino family soldier Jerome Brancato, needed to begin making extortion payments to Brancato again. At the end of 2006, when Brancato was released from prison, DiMaria instructed Joseph Vollaro to have John Doe #12 pay money to Brancato to help him get him back on his feet. Joseph Vollaro then gave $2,500 to Vincent Dragonetti, who collected the money for Brancato.

In January 2008, Gambino family captain Nicholas Corozzo told Joseph Vollaro that John Doe #12 failed to provide Brancato with a year end extortion payment. Corozzo instructed Joseph Vollaro to make sure that money from John Doe #12 was given to Gambino family soldier Joseph Chirico, who would collect it for Brancato. The following day, Joseph Vollaro gave $1,500 to Chirico for Brancato.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members who are expected to testify that individuals being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face some form of retaliation.


x. Extortion Conspiracy/Extortion - Staten Island Recycling

A cooperating witness is expected to testify to the following.
In conducting his trucking business, Joseph Vollaro came into frequent contact with the owners of a recycling facility located on Staten Island.

In approximately June 2008, Nicholas Corozzo and Leonard DiMaria directed Joseph Vollaro to collect extortion payments from the facility.

In January 2008, Joseph Vollaro told Corozzo and DiMaria that he collected $2,000 from the facility, and provided the money to DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members who are expected to testify that individuals being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face some form of retaliation.


2. DiMaria Constitutes a Danger to the Community and Should Be Detained

The defendant Leonard DiMaria poses a danger to the community. He is one of the leaders of a violent organized crime family and has himself engaged in crimes of violence in furtherance of the family’s illegal businesses. Courts in this district and the Second Circuit repeatedly have held that high-ranking members of organized crime constitute a danger to the community. As discussed below, each of the relevant considerations under the Bail Reform Act favors detention here.

a. Nature and Circumstances of the Crimes Charged

DiMaria is charged with numerous extortions as part of the racketeering conspiracy count as well as substantively. Extortions are crimes of violence. See 18 U.S.C. § 3156(a)(4)(A) (defining “crime of violence” as an offense that has as one of its elements the “attempted use, or threatened use of physical force against the person or property of another”). Moreover, DiMaria currently holds a leadership position in an ongoing criminal enterprise and commands made men - soldiers - sworn to follow his orders and commit violence upon his request.

b. History and Characteristics of the Defendant

DiMaria is a long-standing member of the Gambino family who now serves as a captain. He is a life-long criminal who has sworn an oath to a violent criminal enterprise. He also is a multiple convicted felon, whose convictions include:
• In 1997, DiMaria was convicted in the Eastern District of New York of racketeering, racketeering conspiracy, loansharking, unlawful collection of debt, possession and sale of stolen property, transportation of stolen property; theft from interstate shipments, conspiracy to defraud the United States and bribery of a public official.6


• In 1998, DiMaria was convicted in the Southern District of Florida of Racketeering Conspiracy and sentenced to 64 months’ imprisonment.7

c. Seriousness of Danger Posed by the Defendant’s Release

DiMaria poses a clear danger if released. As noted above, the government will establish DiMaria’s membership in the Gambino family through a variety of sources, including the testimony of more than five cooperating witnesses, consensual recordings and surveillance evidence.
Courts in this circuit routinely detain high-ranking members of organized crime based on their leadership roles in criminal enterprises that engage in acts of violence. See, e.g. Defede, 7 F. Supp. 2d at 393 (detaining defendant on dangerousness based on the proffered testimony of cooperating witness and surveillance evidence that he was the acting boss of the Luchese family, an enterprise involved in extortionate conduct, among other crimes); Gotti, 312 F.3d at 542 (“Indeed, we made it quite clear in United States v. Colombo, 777 F.2d 96, 98 (2d Cir. 1985), that the [Bail Reform Act] ‘does not require that the defendant himself commit acts of physical violence as a condition precedent to a detention order.’ ”).

DiMaria is a captain in the Gambino family and he has been involved in numerous acts of violence. In this investigation, he is caught in scores of recorded conversations related to extortion, a crime of violence. The violent nature of the Gambino family’s method of collecting money is made clear in the following recording of DiMaria: “You have to go bother these people for your money. . . they are going to tell you we got to sit down and talk and this and that. Rough them up a little. Tell them, ‘You’re a fucking stiff.’ Tell them what you have to tell them. . . . The next guy that owes you money from there with them guys, you catch them, and that’s what I’m saying, that you check in with the other guys . . . Crack a face, fuck them up. Don’t you do it, send a fucking kid to rough them up, a fucking joke.”

DiMaria thus falls within the “small but identifiable group of particularly dangerous defendants as to whom neither the imposition of stringent release conditions nor the prospect of revocation of release can reasonably assure the safety of the community.” Senate Report at 3188-89. As demonstrated by the recorded conversations, DiMaria’s position in the Gambino family gives him the authority and resources to continue his criminal activities and to order and accomplish acts of violence against potential witnesses or any person he perceives as a threat - of which there will be many during the course of this prosecution.

Finally, DiMaria likely will continue his criminal conduct if released; he is a career criminal who holds a leadership position in a continuing criminal enterprise, the needs of which require constant monitoring. As noted, courts in this circuit have recognized that when organized crime defendants are charged with their participation in a criminal enterprise, the risk of continued criminal conduct is substantial and justifies detention. See Salerno, 631 F. Supp. at 1375. Under the cases cited above, the crimes charged and the facts proffered, there is little doubt that DiMaria is a danger to the community and ordered detained pending the outcome of his case.


d. Evidence of the Defendant’s Guilt

The government’s evidence of DiMaria’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy and racketeering counts, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted or participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affected interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.
First, the government will prove the existence of the Gambino family and DiMaria’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, hundreds of consensual recordings and surveillance. More than five cooperating witnesses are expected to testify that the Gambino family exists and that DiMaria is a longstanding member of the family. At least two witnesses are expected to testify that DiMaria currently serves as a captain.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect interstate commerce.

Finally, to prove that DiMaria engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses and scores of consensual and court-authorized recordings. For example, the testimony of the cooperating witness will be corroborated by over 80 recordings that show that the defendant engaged in the crimes charged.

The government’s evidence of DiMaria’s guilt is thus strong and clearly favors detention.


3. DiMaria Also Constitutes a Risk of Flight

DiMaria faces 21 counts covering 10 different crimes of violence each carrying a penalty of 20 years’ imprisonment. In addition, DiMaria will be sentenced as a career offender under the Sentencing Guidelines. See United States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding that the possibility of a “severe sentence” heightens the risk of flight). Given his age, the strength of the evidence and the likely sentence resulting from a conviction on even one of the charged extortions, it is a near certainty DiMaria faces an effective life sentence. Accordingly he constitutes a risk of flight and should be detained.

J. VINCENT DRAGONETTI

Vincent Dragonetti is a soldier in the Gambino family. He is charged in Count One with racketeering conspiracy, including more than a dozen predicate acts of extortion, attempted extortion, extortion conspiracy, extortionate extension of credit, extortionate extension of credit conspiracy, extortionate collection of credit, and extortionate collection of credit conspiracy. He is also charged with extortion, attempted extortion, extortion conspiracy, extortionate extension of credit, extortionate extension of credit conspiracy, extortionate collection of credit, extortionate collection of credit conspiracy, money laundering, money laundering conspiracy and illegal gambling.
If convicted as charged, Dragonetti faces a term of 20 years’ imprisonment on the racketeering conspiracy count, as well as each of the more than 10 counts charging crimes of violence. Were Dragonetti sentenced consecutively for just five of the extortionate schemes covered in these counts - the evidence for which includes more than 60 separate recorded conversations capturing Dragonetti discussing the extortions on tape - he faces a term of imprisonment of 100 years. Accordingly, the government seeks a permanent order of detention for Dragonetti on the grounds that he is both a danger to the community and a risk of flight.


1. Proffered Facts

The government hereby proffers the following facts relevant to the pretrial detention of Dragonetti.

a. Dragonetti Is a Gambino Family Soldier

Dragonetti is a Gambino family soldier. The government will establish Dragonetti’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.
At least two cooperating witnesses are expected to testify that Dragonetti is a member of the Gambino family who enjoys special ties with powerful Gambino family captain Nicholas Corozzo, who is his father-in-law.

This testimony is corroborated by the more than 60 recorded conversations involving Dragonetti. During the course of the recordings, he is heard engaging in the Gambino family’s business, explicitly discussing the myriad crimes with which he is charged, the involvement of other Gambino family members in these crimes, and his position in the Gambino family’s hierarchy. Scores of recorded conversations with other Gambino family members referencing Dragonetti further demonstrate his position in the family.

The available surveillance evidence also establishes Dragonetti’s long association with and position in the Gambino family. Since 1993, Dragonetti has been observed at locations and events relating to the Gambino family. He has been observed with other members of the Gambino family at three weddings and wakes. Cooperating witnesses and an organized crime expert are expected to testify that these events are attended by dozens of other members and associates of organized crime, many of whom are convicted felons who committed those crimes as part of an organized crime family, and that Gambino family business is routinely conducted at such events. Dragonetti was observed at the 1993 wedding of Gambino family captain Leonard DiMaria’s daughter. In the past year, Dragonetti was surveilled attending the January 2007 wake of Maryann Corozzo, the wife of Gambino family soldier Blaise Corozzo.


b. Crimes of Violence

As noted above, Dragonetti is charged in multiple extortions, all crimes of violence. A brief proffer of the facts pertaining to each of the extortions follows.

i. Extortion Conspiracy/Extortion - Liberty View Harbor Construction Site

A cooperating witness is expected to testify to the following.
In April 2006, Joseph Vollaro started a company which constructed a portable cement plant at the Liberty View Harbor construction site at which VMS Construction served as general contractor. VMS Construction is owned by Gambino family associate Anthony Scibelli, who is controlled by Gambino family soldier Vincent Dragonetti. In addition to the portable cement plant, two companies owned by Joseph Vollaro also performed work at the Liberty View Harbor site.

Joseph Vollaro obtained the work at the Liberty View Harbor site after Gambino family captain Nicholas Corozzo, who is Dragonetti’s father-in-law, granted him permission provided he pay 60% of the portable cement plant’s profits to Corozzo, Gambino family captain Leonard DiMaria and Dragonetti. In addition, Scibelli and Dragonetti demanded that Joseph Vollaro pay an additional $6 or $7 per yard of cement produced as well as extortionate payments for the other two businesses.

Over the course of the extortion, Jon Doe #4 made extortion payments to the Gambino family of more than $200,000.

Despite these payments, during the summer of 2007, with the backing of Corozzo, DiMaria and Dragonetti, Scibelli took possession of the portable cement plant without remuneration to Joseph Vollaro.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


ii. Extortion Conspiracy/Extortion - Cement Powder Deliveries ___

A cooperating witness is expected to testify to the following.
In October 2007, following Gambino family soldier Anthony Scibelli’s takeover of his portable cement plant, Gambino family captains DiMaria and Corozzo approved a plan by which Joseph Vollaro would supply his former plant with the powder used to make cement at the Liberty View Harbor site. For this privilege, Joseph Vollaro was instructed to provide 60% of his profits relating to the cement powder deliveries to be split between Corozzo, DiMaria and Dragonetti. As directed, in the four months since, Joseph Vollaro has provided $6,000 in extortion payments.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including dozens of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


iii. Extortion Conspiracy/Extortion - NASCAR Construction Site

A cooperating witness is expected to testify to the following.
In January 2006, NASCAR had begun construction on a racetrack in Staten Island. Recine Trucking, a company under the control of Gambino family acting underboss Domenico Cefalu, was among the first companies hired to bring fill to the site. Thereafter, Gambino family soldier Ernest Grillo acquired exclusive dumping rights at the site for Joseph Vollaro.

From late January 2006 to May 2006, Grillo, Cefalu and Gambino family members Leonard DiMaria, Vincent Dragonetti, Nicholas Corozzo and Frank Cali negotiated the amount of extortion Joseph Vollaro would be required to pay for the exclusive dumping rights. Eventually, Joseph Vollaro received those rights on the condition that he make extortion payments of $.50 per yard of fill dumped to Corozzo and DiMaria, and $.50 per yard of fill dumped to Cefalu and Cali.

Before Joseph Vollaro could begin dumping at the site pursuant to these terms, the exclusive dumping deal fell through. Later, after a new deal was worked out, Corozzo and DiMaria directed Joseph Vollaro to take the job on the condition that he pay them $1 for every yard of fill dumped at the site.

Joseph Vollaro also was required to make a one-time $9,000 payment to NASCAR employee Todd Polakoff on behalf have NASCAR executive William Kilgannon.

Joseph Vollaro worked at the site for a short time and made approximately $13,000 in extortion payments to Gambino family soldier Mario Cassarino, who collected the extortion payments for Corozzo and DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


iv. Extortion Conspiracy/Extortion - Excavation Company

A cooperating witness is expected to testify to the following.
In approximately January 2006, Gambino family captain Nicholas Corozzo instructed Joseph Vollaro to start an excavation business which, after a short period in which Joseph Vollaro would be allowed to operate the business without making extortion payments, would be required to pay 60% of its profits to Corozzo, Gambino family soldier Vincent Dragonetti and Gambino family captain Leonard DiMaria. Joseph Vollaro began making these payments a few months after starting the business. To date, Joseph Vollaro has paid more than $30,000 in extortion payments to DiMaria and Dragonetti, who collected the payments on Corozzo’s behalf.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including dozens of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


v. Extortion Conspiracy/Extortion - John Does #4 & #12

A cooperating witness is expected to testify to the following.
In July 2006, Gambino family captain Leonard DiMaria informed Joseph Vollaro that John Doe #12, an individual close to Joseph Vollaro who previously made extortion payments to the commissary of jailed Gambino family soldier Jerome Brancato, needed to begin making extortion payments to Brancato again. At the end of 2006, when Brancato was released from prison, DiMaria instructed Joseph Vollaro to have John Doe #12 pay money to Brancato to help him get him back on his feet. Joseph Vollaro then gave $2,500 to Vincent Dragonetti, who collected the money for Brancato.


In January 2008, Gambino family captain Nicholas Corozzo told Joseph Vollaro that John Doe #12 failed to provide Brancato with a year end extortion payment. Corozzo instructed Joseph Vollaro to make sure that money from John Doe #12 was given to Gambino family soldier Joseph Chirico, who would collect it for Brancato. The following day, Joseph Vollaro gave $1,500 to Chirico for Brancato.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members who are expected to testify that individuals being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face some form of retaliation.

2. Dragonetti Constitutes a Danger to the Community and Should Be Detained

As discussed above, Dragonetti is a Gambino family soldier with a prior felony conviction for committing a crime of violence as part of the Gambino family.

a. Nature and Circumstances of the Crimes Charged

Dragonetti has been indicted on 12 counts charging crimes of violence. This alone merits detention on the basis of dangerousness.

b. History and Characteristics of the Defendant

As noted, Dragonetti is a Gambino family soldier. He is a criminal who has sworn an oath to a violent criminal enterprise. He also is a convicted felon who has pled guilty in the past - in this district - to some of the same conduct he has been charged with in the instant indictment.

On January 23, 1997, Dragonetti was arrested in the Eastern District of New York and charged with RICO and RICO conspiracy. On November 3, 1997, he pled guilty before the Honorable Frederic Block to loansharking, conducting an illegal gambling business and tax evasion, and was sentenced to three years’ imprisonment and a $60,000 fine.

c. Seriousness of Danger Posed by the Defendant’s Release

Dragonetti has long engaged in violence on behalf of the Gambino family. His recent involvement in acts of violence include the multiple charged extortions with Gambino family captain Leonard DiMaria. The violent nature of the Gambino family’s method of collecting money is made clear in the following recording of DiMaria: “You have to go bother these people for your money. . . they are going to tell you we got to sit down and talk and this and that. Rough them up a little. Tell them, ‘You’re a fucking stiff.’ Tell them what you have to tell them. . . . The next guy that owes you money from there with them guys, you catch them, and that’s what I’m saying, that you check in with the other guys . . . Crack a face, fuck them up. Don’t you do it, send a fucking kid to rough them up, a fucking joke.”

The crimes charged, coupled with his prior conviction, make clear that Dragonetti is a danger to the community.

d. Evidence of the Defendant’s Guilt

The government’s evidence of Dragonetti’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy charge, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted and participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affect, interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.

First, the government will prove the existence of the Gambino family and Dragonetti’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, consensual recordings and surveillance. At least two cooperating witnesses are expected to testify that the Gambino family exists and that Dragonetti is a member of the family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect interstate commerce.

Finally, to prove that Dragonetti engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses and consensual recordings. The government has over 100 recordings documenting Dragonetti’s involvement in the extortions and other crimes for which he is indicted in this case. Accordingly, the government’s evidence of Dragonetti’s guilt is thus strong and clearly favors detention.

3. Dragonetti Also Constitutes a Risk of Flight

In addition to the reasons set forth above, given that he faces 20 years’ imprisonment on each count if convicted, Dragonetti also constitutes a risk of flight. See United States v. Dodge. 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding the possibility of a “severe sentence” heightens the risk of flight). The fact that the government has a strong case against Dragonetti heightens his incentive to flee. Accordingly, Dragonetti should also be detained as a risk of flight.

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:50 am

H. JOHND’ AMICO

John D’Amico is the current acting boss of the Gambino family and a convicted felon. He is charged in Count One with racketeering conspiracy, including predicate acts of extortion and extortion conspiracy. D’Amico is also charged with extortion and extortion conspiracy. If convicted as charged, D’Amico faces a term of 20 years’ imprisonment on the racketeering conspiracy count, as well as for each of the four extortion and extortion conspiracy counts. Were D’Amico sentenced consecutively for just the two extortionate schemes covered in these counts - the evidence for which includes recorded conversations detailing his guilt - he faces a term of imprisonment of 40 years. As D’Amico is 71 years old, any conviction will lead to an effective life sentence.
The government seeks to have a permanent order of detention entered against D’Amico on the ground that he is both a danger to the community and a risk of flight.


1. Proffered Facts

The government hereby proffers the following facts relevant to the charges lodged against D’Amico.

a. D’Amico Is the Acting Boss of The Gambino Family

D’Amico is a longstanding member and captain in the Gambino family; he currently serves as the acting boss. The government will establish D’Amico’s position in the Gambino family through the testimony of cooperating witnesses, consensual recordings and surveillance evidence. Each category of evidence is briefly discussed below.
More than five cooperating witnesses are expected to testify that D’Amico is a longstanding member and captain in the Gambino family. At least two witnesses can testify that D’Amico is presently the acting boss of the Gambino family.

This testimony is corroborated by consensual recordings detailing his leadership role within the Gambino family and confirming his current status as a member of the family’s administration. The available surveillance evidence also establishes D’Amico’s long-lived association with and position in the Gambino family. Since 1984 - more than 20 years ago - D’Amico has been observed at locations and events relating to the Gambino family. He has been observed with other members of the Gambino family at 19 weddings and wakes. Cooperating witnesses and an organized crime expert are expected to testify that these events are attended by dozens of other members and associates of organized crime, many of whom are convicted felons who committed those crimes as part of an organized crime family, and that Gambino family business is routinely conducted at such events. In the past two years alone, D’Amico was surveilled attending the January 2007 wake of Maryann Corozzo, the wife of Gambino family soldier Blaise Corozzo; the March 2007 wake of Gambino family soldier George Remini; the November 2007 wake of Gambino family captain Giuseppe “Joseph” Arcuri; and Gambino family captain (and co-defendant) Frank Cali’s December 2007 Christmas party.


b. D’Amico Is Charged with Crimes of Violence

As noted above, D’Amico is charged in multiple extortions, all crimes of violence. A brief proffer of the facts pertaining to each of the extortions follows.

i. Extortion Conspiracy/Extortion - Staten Island Cement Company Profits

A cooperating witness is expected to testify to the following.
In approximately December 2003, Joseph Vollaro approached Gambino family captain Thomas Cacciopoli and requested permission to open a cement company on Staten Island. Due to the Gambino family’s control of the New York cement industry, Cacciopoli, together with Gambino family captain Louis Filippelli, engaged in a series of meetings to obtain permission from the Gambino family’s administration to open such a company. Cacciopoli and Filippelli succeeded and informed Joseph Vollaro that he could start the company provided that following a one-year grace period, the Gambino family would receive 15% or $1 per yard for all cement sold, with the payments to be collected by Filippelli and passed through to the family’s administration. Joseph Vollaro opened the company in April 2004. Since May 2005, he has paid over $60,000 of extortion payments to the Gambino family. The initial payments were collected by Gambino family soldier Vincent Pacelli on behalf of then incarcerated Louis Filippelli. After Gambino family captain Nicholas Corozzo assumed control of Joseph Vollaro from Filippelli in late June 2005, payments were collected on his behalf for the administration by DiMaria, who controlled Joseph Vollaro for Corozzo while Corozzo was on supervised release, as well as by Gambino family soldiers Mario Cassarino and Ernest Grillo.

Multiple members of the Gambino family informed Joseph Vollaro that the profits from his Staten Island cement company were passed along to the Gambino family administration, and that the administration consists of acting boss John D’Amico, acting underboss Domenico Cefalu and consigliere Joseph Corozzo.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, (iii) testimony from multiple cooperating witnesses who were members and associates of the Gambino family that the family controlled the cement industry on Staten Island and would not allow someone to open a cement company without paying extortion to the Gambino family, (iv) testimony from a cooperating witness who is a former Gambino family soldier with extensive knowledge of the family’s construction rackets that extortion payments related to cement were passed along to the administration of the family, and (v) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation.


ii. Extortion Conspiracy/Extortion - Staten Island Cement Company Sale

A cooperating witness is expected to testify to the following.
During the spring of 2007, a company offered to buy Joseph Vollaro’s Staten Island cement company. In keeping with instructions from Gambino family captains Nicholas Corozzo and Leonard DiMaria to consult them before making any decisions concerning his business, Joseph Vollaro informed DiMaria of the offer. DiMaria later told Joseph Vollaro that the family had agreed to allow him to make the sale, provided he pay $100,000 to the Gambino family. In January 2008, Joseph Vollaro sold the Staten Island cement company. Thereafter, Gambino family consigliere Joseph Corozzo, through Gambino family solider Gus Sclafani, directed Joseph Vollaro to deliver the $100,000 to Joseph Corozzo. Later, Nicholas Corozzo and Leonard DiMaria directed Joseph Vollaro to deliver the money to Leonard DiMaria for distribution to the administration. As directed, Joseph Vollaro made a payment of the proceeds of the sale of the cement company to DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, (iii) testimony from multiple cooperating witnesses who were members and associates of the Gambino family that the family controlled the cement industry on Staten Island and would not allow someone to open a cement company without paying extortion to the Gambino family, (iv) testimony from a cooperating witness who is a former Gambino family soldier with extensive knowledge of the family’s construction rackets that extortion payments related to cement were passed along to the administration of the family, and (v) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


2. D’Amico Constitutes a Danger to the Community and Should Be Detained

The defendant John D’Amico poses a danger to the community. He is the current acting boss of a violent organized crime family and has himself engaged in crimes of violence in furtherance of the family’s illegal businesses. Courts in this circuit repeatedly have held that high-ranking members of organized crime constitute a danger to the community. The Second Circuit’s decision in United States v. Ciccone, 312 F.3d 535 (2d Cir. 2002) is particularly instructive. There, Gambino family acting boss Peter Gotti was indicted on racketeering charges that included predicate acts of extortion against others. Peter Gotti, himself, was not charged with any predicate acts of extortion; only money laundering and money laundering conspiracy. At the detention hearing, the government contended that Gotti, as the leader of the Gambino family, was able to direct the activities of his co-defendants and therefore was responsible for the extortions and the other crimes committed by them. Magistrate Judge Pollak ordered Gotti detained finding that Gotti had been “charged with a crime of violence” and therefore could be detained on grounds of dangerousness. Id. at 538. Judge Pollak held that the government had clearly shown that Gotti was the acting boss of the Gambino family, and as such, was responsible for controlling the activities of the enterprise. Id. Thus, while Gotti was not named in the specific racketeering acts charging extortion, he could nonetheless be held responsible for the acts of the members of his organization given his status as the acting boss of the family. Because extortions are crimes of violence, Judge Pollack ordered Gotti detained as a danger to the community. Id. at 538-39.
On appeal, the Second Circuit upheld the court’s findings that Gotti constituted a danger to the community. The court held that it was proper for a court to consider the RICO enterprise as a whole when considering the dangerousness of one of its leaders. Id. at 542. The court found once the government demonstrated Gotti’s leadership role in the enterprise, and the enterprise was charged with crimes of violence, there was clear and convincing evidence for the court to have found that Gotti was a danger to the community and therefore should be detained. Id. at 542-43.

As discussed below, D’Amico - as was Peter Gotti - is the acting boss of the Gambino family. Not only are other members of the Gambino family charged with multiple counts of extortion and murder, but here, D’Amico, himself, along with the rest of the Gambino administration, is charged with extortions. Accordingly, the evidence supporting the government’s argument for detention here is stronger than that in Ciccone. See also United States v. Cirillo, Cr. No. 05-212 (SLT), slip op. (E.D.N.Y. 2005) (Genovese family acting bosses Dominick Cirillo and Lawrence Dentico, as well as Genovese family captain Anthony Antico, who were charged with extortion and extortion conspiracy, detained as dangers to the community), aff’d, 149 Fed. Appx. 40 (2d Cir. 2005). As set forth below, each of the relevant considerations under the Bail Reform Act favors detention here.


a. Nature and Circumstances of the Crimes Charged

In addition to racketeering and racketeering conspiracy, D’Amico is charged with extortion and extortion conspiracy - both of which are crimes of violence. See 18 U.S.C. § 3156(a)(4)(A) (defining “crime of violence” as an offense that has as one of its elements the “attempted use, or threatened use of physical force against the person or property of another”). Moreover, D’Amico currently leads a violent criminal enterprise and has at his disposal more than 200 made men - soldiers - sworn to follow his orders and commit murder upon his request.

b. History and Characteristics of the Defendant

D’Amico is a long-standing member of the Gambino family who now serves as its acting boss. He is a life-long criminal who has sworn an oath to a violent criminal enterprise. Below is a brief summary of certain of D’Amico’s arrests and convictions:
• D’Amico was arrested and convicted several times for illegal gambling in the 1960s.

• On June 2, 1998, D’Amico was arrested in New York on RICO charges; ultimately pled guilty to operating an illegal gambling business (18 U.S.C. § 1955) and was sentenced to 20 months in prison and three years of supervised release.


c. Seriousness of Danger Posed by the Defendant’s Release

D’Amico poses a clear danger if released. As noted above, the government will establish D’Amico’s association with, and position of authority in, the Gambino family through a variety of sources, including the testimony of cooperating witnesses, consensual recordings and surveillance evidence.
Courts in this circuit routinely detain high-ranking members of organized crime based on their leadership roles in criminal enterprises that engage in acts of violence. See, e.g. Defede, 7 F. Supp. 2d at 393 (detaining defendant on dangerousness based on the proffered testimony of cooperating witness and surveillance evidence that he was the acting boss of the Luchese family, an enterprise involved in extortionate conduct, among other crimes); Gotti. 312 F.3d at 542 (“Indeed, we made it quite clear in United States v. Colombo. 777 F.2d 96, 98 (2d Cir. 1985), that the [Bail Reform Act] ‘does not require that the defendant himself commit acts of physical violence as a condition precedent to a detention order.’ ”).

D’Amico is the current leader of the Gambino family “on the street” and he has been involved in acts of violence, including extortions with Gambino family captain Leonard DiMaria. The violent nature of the Gambino family’s method of collecting money is made clear in the following recording of DiMaria: “You have to go bother these people for your money. . . they are going to tell you we got to sit down and talk and this and that. Rough them up a little. Tell them, ‘You’re a fucking stiff.’ Tell them what you have to tell them. . . . The next guy that owes you money from there with them guys, you catch them, and that’s what I’m saying, that you check in with the other guys . . . Crack a face, fuck them up. Don’t you do it, send a fucking kid to rough them up, a fucking joke.”

D’Amico thus falls within the “small but identifiable group of particularly dangerous defendants as to whom neither the imposition of stringent release conditions nor the prospect of revocation of release can reasonably assure the safety of the community.” Senate Report at 3188-89. As demonstrated by the recorded conversations, D’Amico’s position in the Gambino family gives him the authority and resources to continue his criminal activities and to order and accomplish acts of violence against potential witnesses or any person he perceives as a threat - of which there will be many during the course of this prosecution.

Finally, D’Amico likely will continue his criminal conduct if released; he heads a continuing criminal enterprise, the needs of which require constant monitoring. As noted, courts in this circuit have recognized that when organized crime defendants are charged with their participation in a criminal enterprise, the risk of continued criminal conduct is substantial and justifies detention. See Salerno, 631 F. Supp. at 1375.


d. Evidence of the Defendant’s Guilt

The government’s evidence of D’Amico’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted or participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affected interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise.
First, the government will prove the existence of the Gambino family and D’Amico’s membership in that enterprise through, among other evidence, the testimony of cooperating witnesses, consensual recordings and surveillance. More than five cooperating witnesses are expected to testify that the Gambino family exists and that D’Amico is a longstanding member of the family and a captain. At least two witnesses are expected to testify that D’Amico currently serves as the acting boss of the Gambino family.

The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect interstate commerce.

Finally, to prove that D’Amico engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses, and multiple consensual recordings that show the defendant’s involvement in the charged extortions. Accordingly, the government’s evidence of D’Amico’s guilt is thus strong and clearly favors detention.


3. D’Amico Also Constitutes a Risk of Flight

In addition to the reasons set forth above, given that he faces 20 years’ imprisonment on each count if convicted, D’Amico constitutes a risk of flight. This risk of flight is heightened as a result of the strong evidence against D’Amico, which, at the age of 71 years old may constitute a life sentence. As the leader of a large and organized criminal enterprise, D’Amico has the means and resources at his disposal which also increases the risk of flight. Accordingly, D’Amico should also be detained as a risk of flight.

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:47 am

Corozzo is a powerful captain in the Gambino family and he has dozens of Gambino family members and associates working under him. Further, he has been involved in acts of violence, including murder, murder conspiracy and myriad extortions with Gambino family captain Leonard DiMaria. The violent nature of the Gambino family’s method of collecting money is made clear in the following recording of DiMaria: “You have to go bother these people for your money. . . they are going to tell you we got to sit down and talk and this and that. Rough them up a little. Tell them, ‘You’re a fucking stiff.’ Tell them what you have to tell them. . . . The next guy that owes you money from there with them guys, you catch them, and that’s what I’m saying, that you check in with the other guys . . . Crack a face, fuck them up. Don’t you do it, send a fucking kid to rough them up, a fucking joke.” He thus falls within the “small but identifiable group of particularly dangerous defendants as to whom neither the imposition of stringent release conditions nor the prospect of revocation of release can reasonably assure the safety of the community.” Senate Report at 3188-89. As demonstrated by the recorded conversations, Corozzo’s position in the Gambino family gives him the authority and resources to continue his criminal activities and to order and accomplish acts of violence against potential witnesses or any person he perceives as a threat - of which there will be many during the course of this prosecution.

Finally, Corozzo likely will continue his criminal conduct if released; he is a career criminal with a leadership position in a continuing criminal enterprise, the needs of which require constant monitoring, and he continued to commit crimes while on supervised release in the past, demonstrating his inability to abide by the court’s restrictions. As noted, courts in this circuit have recognized that when organized crime defendants are charged with their participation in a criminal enterprise, the risk of continued criminal conduct is substantial and justifies detention. See Salerno, 631 F. Supp. at 1375.

Under the cases cited above, the crimes charged and the facts proffered, there is little doubt that Corozzo is a danger to the community and ordered detained pending the outcome of his case.


d. Evidence of the Defendant’s Guilt

The government’s evidence of Corozzo’s guilt on the charged crimes is strong. To prevail on the racketeering conspiracy and racketeering counts, the government must prove the following four elements: (a) that the defendant knowingly agreed to conduct or participate - and conducted or participated - directly or indirectly, in the conduct of the affairs of the charged enterprise through a pattern of racketeering activity; (b) that the enterprise, here the Gambino family, exists; (c) that the enterprise engaged in, or its activities affected interstate or foreign commerce; and (d) that the defendant was employed by, or associated with, the enterprise. First, the government will prove the existence of the Gambino family and Corozzo’s membership in that enterprise through, among other evidence, cooperating witnesses, consensual recordings and surveillance photographs. More than five cooperating witnesses, all made members of the Gambino family are expected to testify that the Gambino family exists and that Corozzo is a longstanding member of the family who currently serves as a captain.
The second element, the interstate commerce requirement, is also easily proved as the Gambino family has engaged in a variety of crimes, including narcotics trafficking, robbery, extortion of businesses and other crimes which affect interstate commerce.

Finally, to prove that Corozzo engaged in the charged pattern of racketeering activity the government will offer law enforcement witnesses, cooperating witnesses and consensual recordings. For example, the government has over 30 recordings documenting Corozzo’s involvement in the extortions for which he is indicted in this case. With respect to the two murder charges against him, cooperating witnesses, whose testimony will be corroborated by other evidence including ballistics and other crime scene evidence are expected to testify to Corozzo’s role in the double murder. Accordingly, the government’s evidence against Corozzo is overwhelming and clearly favors detention.


3. Nicholas Corozzo Also Constitutes a Risk of Flight

In addition to the reasons set forth above, given that he faces the certainty of life in prison if convicted, Corozzo constitutes a risk of flight. See United States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994) (finding the possibility of a “severe sentence” heightens the risk of flight). This risk of flight is heightened as a result of the strong evidence against Corozzo, which includes a large crew of members and associates with the means to provide refuge. Accordingly, Corozzo should also be detained as a risk of flight.

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:46 am

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including dozens of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


x. Extortion/Extortion Conspiracy - John Does #4 & #12

A cooperating witness is expected to testify to the following.
In July 2006, Gambino family captain Leonard DiMaria informed Joseph Vollaro that John Doe #12, an individual close to Joseph Vollaro who previously made extortion payments to the commissary of jailed Gambino family soldier Jerome Brancato, needed to begin making extortion payments to Brancato again. At the end of 2006, when Brancato was released from prison, DiMaria instructed Joseph Vollaro to have John Doe #12 pay money to Brancato to help him get him back on his feet. Joseph Vollaro then gave $2,500 to Vincent Dragonetti, who collected the money for Brancato.

In January 2008, Gambino family captain Nicholas Corozzo told Joseph Vollaro that John Doe #12 failed to provide Brancato with a year end extortion payment. Corozzo instructed Joseph Vollaro to make sure that money from John Doe #12 was given to Gambino family soldier Joseph Chirico, who would collect it for Brancato. The following day, Joseph Vollaro gave $1,500 to Chirico for Brancato.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members who are expected to testify that individuals being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face some form of retaliation.


xi. Extortion/Extortion Conspiracy - Staten Island Recycling

A cooperating witness is expected to testify to the following.
In conducting his trucking business, Joseph Vollaro came into frequent contact with the owners of a recycling facility located on Staten Island.

In approximately June 2008, Nicholas Corozzo and Leonard DiMaria directed Joseph Vollaro to collect extortion payments from the facility.

In January 2008, Joseph Vollaro told Corozzo and DiMaria that he collected $2,000 from the facility, and provided the money to DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members who are expected to testify that individuals being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face some form of retaliation.


2. Corozzo Constitutes a Danger to the Community and Should Be Detained

The defendant Nicholas Corozzo poses a danger to the community. He is an extraordinarily powerful captain of a violent organized crime family and has himself engaged in crimes of violence that include murder and extortion. Courts in this district and the Second Circuit repeatedly have held that high-ranking members of organized crime constitute a danger to the community. As discussed below, each of the relevant considerations under the Bail Reform Act favors detention here.

a. Nature and Circumstances of the Crimes Charged

In addition to racketeering and racketeering conspiracy, Corozzo is charged with murder, which is a crime of violence. Corozzo is also charged with myriad counts of extortion and extortion conspiracy - both of which are crimes of violence. See 18 U.S.C. § 3156(a)(4)(A) (defining “crime of violence” as an offense that has as one of its elements the “attempted use, or threatened use of physical force against the person or property of another”). Moreover, given his position in the Gambino family, Corozzo currently has at his disposal several dozen made men - soldiers - sworn to follow his orders and commit violence upon his request. Accordingly, the nature and circumstances of the crimes charged favor detention.

b. History and Characteristics of the Defendant

Corozzo is a long-standing member of the Gambino family who now serves as a captain. He is a life-long criminal who has sworn an oath to a violent criminal enterprise. He also is a multiple convicted felon. Below is a brief summary of Corozzo’s arrests and convictions:
• In 1996, Corozzo pled guilty in the Southern District of Florida to racketeering that included predicate acts of loansharking. He was sentenced to six years imprisonment.

• In 1998, Corozzo pled guilty in the Eastern District of New York to racketeering including predicate acts of extortion and loansharking. Corozzo was sentenced to imprisonment and was on supervised release while he was committing some of the crimes with which he is charged in this indictment.

• Corozzo also has multiple convictions for gambling dating back to the 1970s. Further, Corozzo was engaged in the acts of extortion charged in the indictment while he was on supervised release from the 1998 case to which he pleaded before the Honorable Frederic Block. The fact that Corozzo has shown himself to have no regard for court ordered restrictions combined with his criminal history and the fact that he is a powerful member of a violent criminal enterprise who is charged with murder, among other things, strongly favors detention. See 18 U.S.C. § 3142(g)(1)(B).


c. Seriousness of Danger Posed by the Defendant’s Release/

Corozzo poses a clear danger if released. As noted above, the government will establish Corozzo’s association with, and position of authority in, the Gambino family through a variety of sources, including the testimony of more than five cooperating witnesses, consensual recordings and surveillance evidence.
Courts in this circuit routinely detain high-ranking members of organized crime based on their leadership roles in criminal enterprises that engage in acts of violence. See, e.g. Defede, 7 F. Supp. 2d at 393 (detaining defendant on dangerousness based on the proffered testimony of cooperating witness and surveillance evidence that he was the acting boss of the Luchese family, an enterprise involved in extortionate conduct, among other crimes); Gotti, 312 F.3d at 542 (“Indeed, we made it quite clear in United States v. Colombo, 777 F.2d 96, 98 (2d Cir. 1985), that the [Bail Reform Act] ‘does not require that the defendant himself commit acts of physical violence as a condition precedent to a detention order.’ ”).

Re: 2008 Gambino Indictment Detention Motion

by TSNYC » Mon Sep 25, 2023 7:46 am

iii. Extortion Conspiracy/Extortion - Staten Island Cement Company Sale

A cooperating witness is expected to testify to the following.
During the spring of 2007, a company offered to buy Joseph Vollaro’s Staten Island cement company. In keeping with instructions from Gambino family captains Nicholas Corozzo and Leonard DiMaria to consult them before making any decisions concerning his business, Joseph Vollaro informed DiMaria of the offer. DiMaria later told Joseph Vollaro that the family had agreed to allow him to make the sale, provided he pay $100,000 to the Gambino family. In January 2008, Joseph Vollaro sold the Staten Island cement company. Thereafter, Gambino family consigliere Joseph Corozzo, through Gambino family solider Gus Sclafani, directed Joseph Vollaro to deliver the $100,000 to Joseph Corozzo. Later, Nicholas Corozzo and Leonard DiMaria directed Joseph Vollaro to deliver the money to Leonard DiMaria for distribution to the administration. As directed, Joseph Vollaro made a payment of the proceeds of the sale of the cement company to DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, (iii) testimony from multiple cooperating witnesses who were members and associates of the Gambino family that the family controlled the cement industry on Staten Island and would not allow someone to open a cement company without paying extortion to the Gambino family, (iv) testimony from a cooperating witness who is a former Gambino family soldier with extensive knowledge of the family’s construction rackets that extortion payments related to cement were passed along to the administration of the family, and (v) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


iv. Attempted Extortion/Extortion Conspiracy - Pump Truck

A cooperating witness is expected to testify to the following.
In June 2005, Joseph Vollaro sought permission from Gambino family captain Leonard DiMaria, who exercised day to day control over Joseph Vollaro for Gambino family captain Nicholas Corozzo, to purchase a cement pump truck and open a business. Later, DiMaria allowed Joseph Vollaro to start the business pursuant to an arrangement in which Joseph Vollaro would receive 40% of the pump truck profits and DiMaria and Corozzo would split the remaining profits together with Gambino family soldiers Ernie Grille and Mario Cassarino. The pump truck business operated for a time, but the business was ultimately not profitable.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including multiple recordings detailing Joseph Vollaro’s attempted extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iv) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers or face retaliation against their businesses, property or persons.


v. Extortion/Extortion Conspiracy - Liberty View Harbor Construction Site

A cooperating witness is expected to testify to the following.
aIn April 2006, Joseph Vollaro started a company which constructed a portable cement plant at the Liberty View Harbor construction site at which VMS Construction served as general contractor. VMS Construction is owned by Gambino family associate Anthony Scibelli, who is controlled by Gambino family soldier Vincent Dragonetti. In addition to the portable cement plant, two companies owned by Joseph Vollaro also performed work at the Liberty View Harbor site. Joseph Vollaro obtained the work at the Liberty View Harbor site after Gambino family captain Nicholas Corozzo, who is Dragonetti’s father-in-law, granted him permission provided he pay 60% of the portable cement plant’s profits to Corozzo, Gambino family captain Leonard DiMaria and Dragonetti. In addition, Scibelli and Dragonetti demanded that Joseph Vollaro pay an additional $6 or $7 per yard of cement produced and extortionate payments for the other two businesses.

Over the course of the extortion, Jon Doe #4 made extortion payments to the Gambino family of more than $200,000.

Despite these payments, during the summer of 2007, with the backing of Corozzo, DiMaria and Dragonetti, Scibelli took possession of the portable cement plant without remuneration to Joseph Vollaro.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


vi. Extortion/Extortion Conspiracy - Cement Powder Deliveries

A cooperating witness is expected to testify to the following.
In October 2007, following Gambino family soldier Anthony Scibelli’s takeover of his portable cement plant, Gambino family captains DiMaria and Corozzo approved a plan by which Joseph Vollaro would supply his former plant with the powder used to make cement at the Liberty View Harbor site. For this privilege, Joseph Vollaro was instructed to provide 60% of his profits relating to the cement powder deliveries to be split between Corozzo, DiMaria and Dragonetti. As directed, in the four months since, Joseph Vollaro has provided $6,000 in extortion payments. The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including dozens of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


vii. Extortion/Extortion Conspiracy - Construction List

A cooperating witness is expected to testify to the following.
In July 2005, Gambino family captain Leonard DiMaria instructed Joseph Vollaro to help soldier Ernest Grille reinitiate collections from construction companies that had been making extortion payments to then jailed Gambino family soldier Edward Garafola prior to his incarceration. Garafola, who had been a member of the Gambino family’s “construction panel,” a body which oversees the Gambino family’s construction rackets, had exacted extortionate payments from scores of construction companies prior to his incarceration, but had not shared the identity of all those companies with his Gambino family superiors.

Joseph Vollaro contacted Grille as instructed. Together with Ruggiero and Gambino family associate Anthony O’Donnell, who had been Garafola’s right hand in conducting the extortions, and who had accompanied Garafola on at least one occasion while Garafola assaulted a contractor who was late in his payments, the men repeatedly met to reconstruct a list of the contractors who had been paying Garafola extortion and to plot the reinitiation of collections. Under the supervision and at the direction of Corozzo and DiMaria, the four men created a list of more than 40 construction companies and individual contractors that formerly paid extortion to Garafola. Grille, Ruggiero and O’Donnell then approached a number of the companies to place them back under Gambino family control.

During the this process, Edward Garafola’s son asserted his father’s right to the extortion victims, and complained of the efforts to take away his father’s former victims. In response, Grille told Joseph Vollaro that he assaulted Garafola’s son - “I choked him out.”

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family, and the participants in many of the taped conversations, and (iii) the testimony of a cooperating witnesses who was a former Gambino family member and member of the Gambino family construction panel who was tasked with compiling the same construction list years earlier but failed to complete the job prior to his arrest and incarceration, property or persons.


viii. Extortion/Extortion Conspiracy - NASCAR Construction Site

A cooperating witness is expected to testify to the following.
In January 2006, NASCAR had begun construction on a racetrack in Staten Island. Recine Trucking, a company under the control of Gambino family acting underboss Domenico Cefalu, was among the first companies hired to bring fill to the site. Thereafter, Gambino family soldier Ernest Grille acquired exclusive dumping rights at the site for Joseph Vollaro.

From late January 2006 to May 2006, Grille, Cefalu and Gambino family members Leonard DiMaria, Vincent Dragonetti, Nicholas Corozzo and Frank Cali negotiated the amount of extortion Joseph Vollaro would be required to pay for the exclusive dumping rights. Eventually, Joseph Vollaro received those rights on the condition that he make extortion payments of $.50 per yard of fill dumped to Corozzo and DiMaria, and $.50 per yard of fill dumped to Cefalu and Call.

Before Joseph Vollaro could begin dumping at the site pursuant to these terms, the exclusive dumping deal fell through. Later, after a new deal was worked out, Corozzo and DiMaria directed Joseph Vollaro to take the job on the condition that he pay them $1 for every yard of fill dumped at the site.

Joseph Vollaro also was required to make a one-time $9,000 payment to NASCAR employee Todd Polakoff on behalf have NASCAR executive William Kilgannon.

Joseph Vollaro worked at the site for a short time and made approximately $13,000 in extortion payments to Gambino family soldier Mario Cassarino, who collected the extortion payments for Corozzo and DiMaria.

The cooperating witness’s testimony will be corroborated by (i) recordings made of conversations with Gambino family members, including scores of recordings detailing Joseph Vollaro’s extortion by the defendants charged in the racketeering acts and counts related to this extortion, (ii) surveillance confirming Joseph Vollaro’s contacts with various members of the Gambino family and the participants in many of the taped conversations, and (iii) multiple cooperating witnesses who were former Gambino family members familiar with the family’s construction rackets who are expected to testify that individuals and companies being extorted by Gambino family members must comply with the demands of their Gambino family handlers and make the extortion payments demanded of them or face retaliation against their businesses, property or persons.


ix. Extortion Conspiracy/Extortion - Excavation Company

A cooperating witness is expected to testify to the following.
In approximately January 2006, Gambino family captain Nicholas Corozzo instructed Joseph Vollaro to start an excavation business which, after a short period in which Joseph Vollaro would be allowed to operate the business without making extortion payments, would be required to pay 60% of its profits to Corozzo, Gambino family soldier Vincent Dragonetti and Gambino family captain Leonard DiMaria. Joseph Vollaro began making these payments a few months after starting the business. To date, Joseph Vollaro has paid more than $30,000 in extortion payments to DiMaria and Dragonetti, who collected the payments on Corozzo’s behalf.

Top