Buffalo/Ontario Mob Acitivity

[Wiseguy]

As one looks at Bella's detention hearing it appears we start to see the case they are making for OC and/or IOC in Buffalo:

ACTIVE ORGANIZED CRIME INVESTIGATION

It's an active organized crime investigation. The investigation reveals that organized crime members and associates, which include Mr. Bella, are involved in drug trafficking and various wire fraud schemes. The overall investigation has led to an indictment of a DEA agent named Joseph Bongiovanni, who was receiving protection bribes and shielding members and associates of a drug trafficking organized crime group in Buffalo, New York.

CONNECTING BELLA'S CALL CENTER/DEBT COLLECTION SCHEMES 
TO ITALIAN MAFIA

So that is the wire fraud. So that person, actually that's the credit card and gives it to the person on that elicit call center and now you have credit card payment and how do you turn it into real money, that goes to the set of the conspiracy which is beyond the point of my proffer here. But this agent stated, from his experience, people in the upper tier, I would say, the associates or members of the Italian mafia, will typically appoint someone to operate these organizations on their behalf, but they are still manipulating, making decisions and they are drawing money from elicit -- from that activity. Mr. Bella has those types of crime associates, as I’ll proffer moving forward. 


THE PROFFER RELATED TO ITALIAN ORGANIZED CRIME ASSOCIATES & CONNECTIONS TO BUFFALO MAFIA

So I've said a couple of times, he [Bella] is associated with Italian organized crime, debt collectors and drug traffickers. Law enforcement has a July 2016 version of Mr. Bella's phone that was seized and downloaded. In there are numerous videos and photos of Mr. Bella with a convicted felon, a known member of the Buffalo mafia long-time member. And these would be photos and videos prior to 2016 leading up to 2016. He even had -- and I screen shotted his phone of a 2008 ceramics class that the mafia member took while in federal prison in Minnesota. That person I'm referring to is Frank "Butchie" BiFulco. Mr. Bella has a number of people who had historical involvement in telemarketing and debt collection scams, including Peter Gerace as a contact in his phone. Mr. Gerace has a telemarketing conviction emanating out of the U.S. Attorney's Office in 2005. Mr. Gerace is also a relative of the reputed head of the Buffalo mafia family. So another person in Mr. Bella's phone who was engaging in that type of fraud-related activity and has a federal conviction of it. 


There is also a number of drug trafficking and racketeering-type predicates that the people in Mr. Bella's phone were involved in. His phone by our count had at least 45 individuals who law enforcement determines to be members or associates with organized crime groups, drug traffickers or debt collection in Bella's phone. It also depicts Bella in a 
photo with a law enforcement individual, who our investigation showed was involved in cocaine possession and distribution and s a currently, as yet, uncharged member of law enforcement.

OF INTEREST
The US Attorney insinuates Todaro is the reputed current head of the Buffalo mafia family. The statement is in the present tense and may indicate they are beginning to make a case for an active Buffalo mafia family.

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[NickleCity]

^^^

[thesociety 89]

Its getting a bit undeniable that there is an Organised Crime Family in Buffalo.

[Wiseguy]

Its getting a bit undeniable that there is an Organised Crime Family in Buffalo.

Try telling the FBI that because that's exactly what they've done.

Law enforcement said it best as far back as 2006 -

"While small numbers of loosely associated individuals got together to commit Mafia style crimes, rumors that what was once the Magaddino family still operating there just weren't true.”

[NickleCity]

In the Bella detention hearing AUSA Tripi mentions Bella's trip to Florida in March 2020 "...when this thing was heating up." Here is a screenshot:

Screen Shot 2021-01-15 at 10.43.28 AM.png

Since April 2020, out of curiosity after the raid on Bella's place, I've periodically perused his social media along with the social media of Sam Capitano the LIUNA International Upstate NY Rep and leader at 210. See my info on the Capitano brothers in this link: viewtopic.php?f=29&t=4122&p=176779&hili ... no#p176779

Social media indicates Sam Capitano is not only a good friend of Joe Bella, but accompanied him on a trip to Florida in March 2020. They flew to Hollywood and stayed at the Diplomat Hotel and Resort, before traveling down the Gold Coast.

For those who are unaware Ron Fino seems indicate that unions helped the Todaro’s gain an interest in the Diplomat. He writes:

Eventually Cariola headed up the large Western New York Maritime Trades Department of the AFL-CIO. Over the years Cariola and I were together on hundreds of occasions and our conversations always pertained to mob activity. It was Cariola who arranged for a couple of International Unions to loan the Diplomat Hotel (located in Hollywood, Florida) needed money. Eventually the hotel was purchased by the Plumbers and Pipe Fitters Union for $800 million. Joe Todaro Sr., Sam Cariola and numerous mobsters would have their evening meal at the plush beach-located hotel in a secret vaulted room which was built to hold clandestine conversations.

I believe Scott Deitche has posted picture of Todaro Sr. in a Sun Sentinel article that indicates he had a residence in The Diplomat Hotel and condo in Hollywood. Additionally it is alleged that he arranged sit-downs to mediate crime family disputes in Southern Florida. Here is a link to the article: https://www.sun-sentinel.com/news/fl-xp ... story.html

Of course we know that Joe Todaro, Jr. mentions owning a hotel in Florida in David Portnoy’s La Nova Pizza review: https://www.barstoolsports.com/video/14 ... ia-buffalo

I have no idea if Todaro, Jr. has an interest in The Diplomat. Does anyone know?

I am not saying that something happened at the Diplomat that involved Sam, Joe and the Buffalo crime family. Is is interesting, however as B. has noted, that “endless patterns and recurring themes” can be seen repeating themselves (conscious or unconsciously) among those who were and/or continue to be in/or associated with IOC. It bears looking into.

[NickleCity]

Bongiovanni's counsel has made pretrial motions to dismiss indictment against their client, or provide bill of particulars and suppress evidence and statements for violations of 4th amendment, compel additional discovery from government, and disclose information that could be favorable to the defendant without regard to the “materiality” of that information or matter.

It appears the defense is going to claim "vindictive prosecution due to racial animus or bias."

Info above is from the summary. This is a large document and I haven't read it all yet. Here is the link to the court document with these pretrial motions: https://www.courtlistener.com/recap/gov ... 8.81.0.pdf

Bongiovanni's lawyers' claim of vindictive bias is very similar to what former prosecutor and Buffalo reporter Lee Coppola was getting out in his opinion piece in the Buffalo New a few months back. He writes:

Still, federal prosecutors and law enforcement officials today find it convenient to label a suspect as as a “made member,” and to refer to La Cosa Nostra, the national crime syndicate Magaddino helped form and once headed. Only now, to avoid the word “Mafia,” they claim suspects with vowels at the end of their names who know each other belong to “Italian Organized Crime.

See: https://buffalonews.com/article_ea67f6b ... e2cde.html.

If the Buffalo mob does not exist, then perhaps the government is showing a bias toward Italian Americans. I guess how the court responds to these pretrial motions or what comes out in court will help us find an answer to this questions about the viability of the Buffalo mob that we have been debating ad nauseam.

[Wiseguy]

Still, federal prosecutors and law enforcement officials today find it convenient to label a suspect as as a “made member,” and to refer to La Cosa Nostra, the national crime syndicate Magaddino helped form and once headed. Only now, to avoid the word “Mafia,” they claim suspects with vowels at the end of their names who know each other belong to “Italian Organized Crime.

U.S. authorities use the term "Mafia" all the time in LCN indictments. You read any typical mob indictment and, at the very beginning, it will often reference a criminal organization known as "La Cosa Nostra," "the Mafia," "the mob," etc. The term was even part of the headline of the recent Philly mob bust press release. If anything, we don't see U.S. authorities using the term "Italian Organized Crime" all that often.

If the Buffalo mob does not exist, then perhaps the government is showing a bias toward Italian Americans. I guess how the court responds to these pretrial motions or what comes out in court will help us find an answer to this questions about the viability of the Buffalo mob that we have been debating ad nauseam.

The court rejecting the claims of "racial animus or bias" claim by the defense wouldn't necessarily be a commentary on the current existence of the Buffalo mob.

A. “Italian Organized Crime”
The government’s repeated references to Italian Organized Crime in the Indictment are problematic, aside from their obvious prejudicial effect, as described above. There are a number of references to IOC or “Buffalo LCN” in the discovery, but nothing that offers substance beyond the apparent belief or say-so of a handful of federal officers that a mob actually exists in Buffalo. The government assumes that the existence of IOC is self-evident, or at least operates as if whatever internal, “law-enforcement sensitive” information it has about the existence of the mob can be trusted without being seen. Objectively, however, the Buffalo Mafia seems to have been dismantled over a generation ago, and has not been active for decades, nor has it been replaced by any successor organization.

The fact that the government has not presented RICO charges in this case, has not identified a mob-leader or lieutenants, and has not identified any concrete acts of racketeering, intimidation, or violence, suggests that there is no real “Italian Organized Crime” syndicate. Rather, the government has identified an ad hoc conspiracy to deal drugs, and recognizing that the alleged co-conspirators are largely Italian-American, has elected to
label it “Italian Organized Crime” in order to prejudice the defendants and add a patina of sensationalism and media appeal to its case.

The government has put the existence of IOC into play as an essential part of its theory of this case. While the existence of IOC is not an element of the case, the government has pleaded it as if it were, and since the government has done so, it must offer further particularization to ensure that its theory is not varied at trial.

The government should therefore particularize:

1. The specific identity and structure of the alleged “IOC” organization, to distinguish it from others which may be in operation, or which have
operated historically, in the area;

2. The precise role or membership of the alleged co-conspirators in “IOC,” and to what extent that membership was related to the
allegations (i.e. whether the conspiracies were part of the organizations’s activities, or whether a co-conspirator’s membership in IOC was incidental to these allegations);

3. Whether Mr. Bongiovanni was actually a “member” of this organization

4. The structure, characteristics, and other activities of this alleged organization.

D. Additional disclosures under Rule 16

1. The existence of “IOC”
The government will likely argue that it is excused from providing additional information about the existence of an “Italian Organized Crime” syndicate in Buffalo because of security concerns and the need to protect ongoing investigations. By squarely placing the existence of “IOC” at the heart of its theory of the case, however, the government has essentially waived any privilege it might have had to withhold this information. Nothing provided in the discovery establishes the existence of “IOC” beyond the government’s ipse dixit that such an organization exists.

The government should disclose, under Rule 16(a)(1)(E), all relevant documents or objects in its possession which establish the existence, structure, and alleged activities of “IOC” in Buffalo. This information is material to preparing the defense. Like all such information, it may also contain Brady material, but there is no way of knowing until it is scrutinized.

^ Here's what the defense says at the end of the document. The fact authorities haven't laid out what the defense is requesting above tell us something, especially considering they usually do in mob indictments.

[NickleCity]

Still, federal prosecutors and law enforcement officials today find it convenient to label a suspect as as a “made member,” and to refer to La Cosa Nostra, the national crime syndicate Magaddino helped form and once headed. Only now, to avoid the word “Mafia,” they claim suspects with vowels at the end of their names who know each other belong to “Italian Organized Crime.

U.S. authorities use the term "Mafia" all the time in LCN indictments. You read any typical mob indictment and, at the very beginning, it will often reference a criminal organization known as "La Cosa Nostra," "the Mafia," "the mob," etc. The term was even part of the headline of the recent Philly mob bust press release. If anything, we don't see U.S. authorities using the term "Italian Organized Crime" all that often.

If the Buffalo mob does not exist, then perhaps the government is showing a bias toward Italian Americans. I guess how the court responds to these pretrial motions or what comes out in court will help us find an answer to this questions about the viability of the Buffalo mob that we have been debating ad nauseam.

The court rejecting the claims of "racial animus or bias" claim by the defense wouldn't necessarily be a commentary on the current existence of the Buffalo mob.

D. Additional disclosures under Rule 16

1. The existence of “IOC”
The government will likely argue that it is excused from providing additional information about the existence of an “Italian Organized Crime” syndicate in Buffalo because of security concerns and the need to protect ongoing investigations. By squarely placing the existence of “IOC” at the heart of its theory of the case, however, the government has essentially waived any privilege it might have had to withhold this information. Nothing provided in the discovery establishes the existence of “IOC” beyond the government’s ipse dixit that such an organization exists.

The government should disclose, under Rule 16(a)(1)(E), all relevant documents or objects in its possession which establish the existence, structure, and alleged activities of “IOC” in Buffalo. This information is material to preparing the defense. Like all such information, it may also contain Brady material, but there is no way of knowing until it is scrutinized.

Here's what the defense says at the end of the document.

Wiseguy, I know you will appreciate this quote from Bongiovanni's defense:

"If an IOC syndicate existed, who is the boss? Why has the government not presented RICO charges? Where are the flow charts showing the command structures, the patronage networks, or the extortion rackets that federal prosecutors are so glad to present at press-conferences? They do not exist. Either this is an unusual mafia case, or it is not really a mafia case at all. The “Bills Mafia” has more structure and substance."

[Wiseguy]

Wiseguy, I know you will appreciate this quote from Bongiovanni's defense:

"If an IOC syndicate existed, who is the boss? Why has the government not presented RICO charges? Where are the flow charts showing the command structures, the patronage networks, or the extortion rackets that federal prosecutors are so glad to present at press-conferences? They do not exist. Either this is an unusual mafia case, or it is not really a mafia case at all. The “Bills Mafia” has more structure and substance."

The defense apparently has a sense of humor. We'll see how that plays with the court.

My contempt for criminal defense attorneys is no secret. However, if this motion can force the government to shed any more light on things, I'm all for it.

[NickleCity]

Bongiovanni’s Defense on Government’s Allegations of IOC in Buffalo

The government’s repeated references to Italian Organized Crime in the Indictment are problematic, aside from their obvious prejudicial effect, as described above. There are a number of references to IOC or “Buffalo LCN” in the discovery, but nothing that offers substance beyond the apparent belief or say-so of a handful of federal officers that a mob actually exists in Buffalo. The government assumes that the existence of IOC is self-evident, or at least operates as if whatever internal, “law-enforcement sensitive” information it has about the existence of the mob can be trusted without being seen. Objectively, however, the Buffalo Mafia seems to have been dismantled over a generation ago, and has not been active for decades, nor has it been replaced by any successor organization. (They then reference News Articles indicating the mob in Buffalo is dead. See footnote…)

(Footnote to Paragraph 1:
See Herbeck, Dan, "The Mafia is all but dead in Western New York. So what killed it?" The Buffalo News (March 19, 2017; Updated Oct. 30, 2020); Fairbanks, Phil, "Is the Buffalo mafia dead or alive?" The Buffalo News. (Dec. 8, 2013); Beebe, Michael and Herbeck, Dan, "Raids on telemarketing firms find numerous ties to organized crime." The Buffalo News (July 27, 1993). In 2017, the FBI's top Buffalo agent declared the organization defunct and numerous other local and retired law enforcement agents agree. Beginning in 1995, the FBI broke the mob's grip on Laborer's Local 210, a major construction industry trade union, and the Department of Justice declared the union mob-free in 2006. Numerous Buffalo-area telemarketing firms with mob ties were also raided in the early ‘90s. While the FBI maintained for years without proof that the Todaro family heads the Buffalo mob, Todaro Sr. died in 2012 and Todaro Jr., 71, is kept busy running La Nova, a pizzeria with annual gross sales of $5 million.)

The fact that the government has not presented RICO charges in this case, has not identified a mob-leader or lieutenants, and has not identified any concrete acts of racketeering, intimidation, or violence, suggests that there is no real “Italian Organized Crime” syndicate. Rather, the government has identified an ad hoc conspiracy to deal drugs, and recognizing that the alleged co-conspirators are largely Italian-American, has elected to label it “Italian Organized Crime” in order to prejudice the defendants and add a patina of sensationalism and media appeal to its case.

The government has put the existence of IOC into play as an essential part of its theory of this case. While the existence of IOC is not an element of the case, the government has pleaded it as if it were, and since the government has done so, it must offer further particularization to ensure that its theory is not varied at trial. The government should therefore particularize:

1. The specific identity and structure of the alleged “IOC” organization, to distinguish it from others which may be in operation, or which have operated historically, in the area; 


2. The precise role or membership of the alleged co-conspirators in “IOC,” and to what extent that membership was related to the allegations (i.e. whether the conspiracies were part of the organizations’s activities, or whether a co-conspirator’s membership in IOC was incidental to these allegations);

3. Whether Mr. Bongiovanni was actually a “member” of this organization 


4. The structure, characteristics, and other activities of this alleged organization.

I think we would all like to see this particularization spelled out if the government can...

[NickleCity]

^^sorry Wiseguy you laid this out in your previous post.

[antimafia]

The particular surname of the shooting victim — still alive — and his once having fled to Italy do make me wonder whether he has ties to the ‘ndrangheta in the Greater Toronto Area.

Man shot outside Steeles Ave. café was person of interest in gangland murder that led to resignation of Toronto cop

https://www.thestar.com/news/gta/2020/1 ... o-cop.html

Michael Costa’s father, John, was shot to death this past Monday. Michael was also shot during the incident but survived.

Double shooting leaves 65-year-old dead in Bolton home. Son survives second attempt on his life since November

https://www.thestar.com/news/gta/2021/0 ... ember.html

[scagghiuni]

The particular surname of the shooting victim — still alive — and his once having fled to Italy do make me wonder whether he has ties to the ‘ndrangheta in the Greater Toronto Area.

Man shot outside Steeles Ave. café was person of interest in gangland murder that led to resignation of Toronto cop

https://www.thestar.com/news/gta/2020/1 ... o-cop.html

Michael Costa’s father, John, was shot to death this past Monday. Michael was also shot during the incident but survived.

Double shooting leaves 65-year-old dead in Bolton home. Son survives second attempt on his life since November

https://www.thestar.com/news/gta/2021/0 ... ember.html

i don't think he has ndrangheta ties, he was involved in cocaine traffick along with stephen tello i think, el chapo guzman wanted him dead and asked hells angles to do it

[UTC]

With reference to several recent posts, the authorities do not directly use the term Italian Organized Crime any more, but signal the same thing by saying "Traditional Organized Crime".

[NickleCity]

With reference to several recent posts, the authorities do not directly use the term Italian Organized Crime any more, but signal the same thing by saying "Traditional Organized Crime".

So why do you suppose this term is being used by authorities in Buffalo now? From what I understand Kennedy indicated the language was purposely chosen at the press conference announcing the Bongiovanni case?