Gangland News 10/8

[Dr031718]

'Outlier' Defense Lawyer Slams His Peers As 'Pathetic' In A 'Rigged' Unjust Justice System

Gang Land Exclusive!Barry LevinBarry Levin, a high-powered criminal defense lawyer who's never had a cooperating witness as a client, took to the airwaves to give some free legal advice to wannabe wiseguys thinking of having a "proffer" session with the feds and turning their backs on Cosa Nostra.

Don't do it, said Levin, unless you want to go "all the way" and "become their slave." If you "proffer" and later change your mind, the feds will destroy you, Levin declared in a most unusual hour-long discussion with controversial mob turncoats John Alite and Gene Borrello on The Johnny And Gene Show. "They are incredibly vindictive, more so than your ex-girlfriend or your ex-wife, and will spend their lives destroying you," he said.

And hire a lawyer to represent you during the process, he advised. But don't call him, said Levin, letting viewers know that the veteran barrister, who extolled his own virtues as a hard-driving attorney who has won many cases for top tier wiseguys, and for clients from "all walks of life" during his 35 years in practice, was not shilling for clients, like some like an ad for a client-chasing law firm on a cable TV station. "I'm averse" to representing "rats" said Levin.

Steven CreaThe subject of Levin's work for Luchese underboss Steven (Stevie Wonder) Crea — who hired Levin to defend him of racketeering and murder charges and fired him six weeks before his trial began last year in a dispute with Crea and the rest of his trial team — never came up during the podcast. As Gang Land reported then, Levin blamed his honest assessment of the government's case as the reason for his firing, while the Crea team cited a "need for counsel to work in unison with all defendants and co-counsel."

Without mentioning his client by name, Levin did cite his work in beating a 23-year-old murder indictment against Genovese wiseguy John (Johnny T) Tortora (We'll get to his case below. He was slated to be sentenced for obstruction this week but it was put off until December.) in explaining why defendants in mob racketeering (RICO) cases have little or no chance of success.

"The problem today is you're not going to get a lot of lawyers to do their homework and work their tail off to develop a defense," said Levin, noting that the government's use of the RICO statutes have "rigged the system" and made it extremely difficult to win such cases.

John Tortora"The only chance an individual has today in an organized crime case is to hope there's no direct link to his criminal conduct and to have the right defense team," said Levin. He then paused, smiled, and alerted the gangsters-turned-snitches-turned-podcasters, quite accurately, that he was going "to piss of a lot of your audience out there" with his next comment.

"There's a few guys I like out there — I'm talking about lawyers now — but the profession's pathetic," he said. "The new breed that's out there today," he said, "half of them would like to have a sports book rather than a law office."

Levin said it's a lot different than it was in the 1980s and '90s, when "there were icons" like the late James LaRossa and Gustave Newman, and retired attorneys Barry Slotnick and Gerald Shargel battling the government in RICO cases. And back then, unlike today, he added, most FBI agents, like Gambino squad supervisor, Bruce Mouw, "were hard working agents, and they played by the rules, and they knew what they were doing."

James LaRossaAsked about those comments, several Levin contemporaries chided their colleague, stating he had an "overblown assessment" of his own abilities in organized crime cases, and cited his long absence from mob cases after his successful defense of Genovese boss Liborio (Barney) Bellomo in 2007, and his firing by Crea last year as proof that his greatness as a lawyer "was more fantasy than reality."

Others asserted that his general "smear" of the defense bar, and his legal primer to potential cooperators about the ins and outs of FBI proffers in his discussion with Alite and Borrello (who praised him as a "hot shot lawyer") was both "unethical" and foolhardy since it would hurt him from getting organized crime clients in the future.

Levin scoffed at the criticism when Gang Land asked him about the unusual appearance.

"If someone is looking for a lawyer to try and save their life, I'm their guy," Levin told us. None of the free legal advice he gave to viewers, or anything else he told Borrello or Alite, was unethical, he insisted.

Alphonse Persico"If someone is going to be offended because I went on a podcast, then that's their problem and not mine," Levin continued. "In 35 years, I represented all kinds of people in all walks of life, including CEOs, an English barrister . . . I've done it all. I have never been dependent on organized crime cases. However, I love the challenge. And I love doing those cases and I will continue doing those cases if someone calls."

In response to an Alite query about his "favorite" mob case, Levin said he "liked all (26 of) his federal trials," and then used discussions of two of them — the 1994 acquittal of racketeering and murder charges for Alphonse (Allie) Persico, and the hung jury at the 2006 murder trial of acting Bonanno boss Vincent (Vinny Gorgeous) Basciano — to rip the feds for outright lies.

Levin said both defendants were willing and able to help him investigate their cases, a key to winning a trial. "Allie was a sharp guy, he helped prepare for trial," he said. So did Basciano, who was "batshit crazy," Levin said with a smile, "but was a charismatic guy."

In Persico's case, Levin said, the feds lied to him about the health of mobster Greg Scarpa, by stating he was fine and could testify at trial. In fact, said Levin, Scarpa was dying of AIDS in prison. But with the help of an investigator, Levin had gotten a dying declaration from Scarpa, stating that helped him win an acquittal at trial.

Vincent BascianoIn Basciano's case, with "Vinny's help," Levin got a hung jury by showing that the key government witness, Dominick Cicale, who had agreed to cooperate three weeks before the start of trial, and had been "prepped by the government" shortly before trial, had lied on the stand.

Cicale testified, Levin recalled, that he and Basciano "would park around the block from the victim's home" to stake out the victim's routine before the murder and "were able to see the guy come and go, walk his dog, (see) what time he leaves in the morning (and) what time he comes back."

As soon as Cicale testified, said Levin, "We knew they were lying. And when I say they were lying," he smiled, and stated, it was "the agents (who) lied." The lawyer then looked up into the camera, and continued, "That's right fellas, if you're watching this, I'm still talking shit about you."

"Here's the lie, and it shows you how they prepare a case," said Levin.

"The problem with the testimony," said Levin, was "they prepped him for the testimony two years after the murder. At the time of the murder, the property behind the decedent's house was all woods. It got torn down after the murder and then you could see through."

Dominick Cicale"I put on the building inspector, and that was the end of Dominick's lie," said Levin.

When Borrello stated: "Vinny Gorgeous was ruthless," in what sounded like an effort to back up or overlook the false testimony by fellow cooperator Cicale, Levin countered that the point was that Cicale's testimony "was a big lie" which gave him something to help convince the jury that Cicale was lying and win a hung jury.

With clients like Persico and Basciano, who are willing to help him investigate their cases, said Levin, "I'm prepared to work seven days a week, 12 to 14 hours a day."

As for the Tortora murder case, which Gang Land last wrote about in March, when he was released on bail after taking a plea deal to obstruction of justice and gambling, Levin noted that the feds dismissed the murder and RICO charges because he "had investigators on the street" and had come up with 17 witnesses to prove his client's innocence.

John RubeoIn checking the court file, Gang Land noticed that Levin has asked the judge to delete allegations from the Pre-Sentence Report that even though the homicide was tossed, Tortora was responsible for the 1997 murder, noting that the government had thrown out the charge. If the allegations aren't expunged, he wrote, he plans to call 11 of those witnesses, including two detectives who had investigated the 1997 homicide, to refute the murder charge at sentencing.

"And I learned something from you guys," Levin told Alite and Borrello, stating that "one of your guests was one of the main witnesses in the case," identifying him as mob turncoat John (J.R.) Rubeo, who admitted destroying evidence and framing an aging gangster for an arson that he committed on a podcast last month.

"I learned that your guest was turning the tapes on and off," said Levin, which evoked smiles and chuckles from the duo. "He's a character," said Alite, "but he's got a good personality." Borrello agreed, and added, "I get along good with him though."

They may get along with him, but Rubeo wasn't happy about Gang Land's column about his appearance on the podcast, according to an Instagram posting in which he equated Gang Land, George Anastasia and Philadelphia TV newsman Dave Schratwieser to Moe, Larry and Curly for things we wrote or said about the double-dealing snitch that he didn't like.

Gambino Capo & Company To Plead Guilty In $Multimillion$ Construction Industry Fraud

Andrew CamposA month after he argued that the government's evidence of obstruction of justice and extortion by Gambino capo Andrew Campos was so weak that his house arrest should be scuttled as he awaits his racketeering trial, defense attorney Henry Mazurek has stated that his client has decided to plead guilty to resolve his case.

After denying the motion to relax his bail restrictions last month, the judge had promised to set a trial date on October 1 when Mazurek argued there was a "lack of evidence" against his client in the discovery material prosecutors had given the defense. Campos, 51, is charged with heading a fraud scheme that raked in "millions of dollars" by paying "hundreds of thousands of dollars" in bribes to workers at five major New York builders in 2018 and 2019,

But setting a date for a trial that might allow Campos to win acquittal on racketeering charges that include fraud, bribery and money laundering — as Brooklyn Federal Judge Frederic Block had suggested last month — never came up during a brief telephone proceeding.

Instead, Mazurek simply told Block he agreed with the announcement by assistant U.S. attorney Keith Edelman that during "serious plea negotiations" with lawyers for Campos and the others, who include four Gambino mobsters and seven mob associates, the parties had reached "an agreement in principle that would dispose of the case as to all 12 defendants."

Richard MartinoJudge Block gave them until November 24 to finalize their plea deals, which are part of a so-called "global plea deal" that include a reduction in the recommended sentencing guidelines for all 12 defendants if they all decide to plead guilty rather than go to trial.

The only other lawyer who spoke during the proceeding, Maurice Sercarz, the lawyer for mobster Richard Martino, implied that some defendants might have difficulties in finalizing their agreements. He asked Block to tell Edelman to "notify us promptly" if problems occur that "will alter the dispositions in this case" so the others can take whatever steps they feel are necessary.

No details about the plea deals were disclosed during the proceeding. But sources say the six defendants charged with racketeering, Campos, Martino, mobster Vincent Fiore, and associates Benito (Benny) DiZenzo, Mark (Chippy) Kocaj, and Frank (Bones) Tarul are likely to get plea deals in the three to five year range, based on a variety of factors that go into the mix.

John SimonlocajSources say the plea deal for John (Johnny Si) Simonlacaj, the fired $500,000 a year Managing Director of Development of HFZ Capital Group charged with taking bribes from CWC Contracting Corp, a Campos-owned firm that enabled the gangsters to pull off the fraud, will likely shake out in the three to four year range.

The sources say the guideline sentence numbers for Carlos Cobos, who provided workers for CWC and was involved in wire fraud and tax fraud involving cash payments to workers, according to court filings, will likely be in the two to three year range.

And the numbers for mobsters George Campos, Andrew's father, and James Ciaccia, and for associate Mark (Perkins) Tarul, and Renato (Ronny) Barca, who are charged with so-called OSHA violations — getting cards from the U.S. Department of Labor by falsely stating they had completed Occupational Safety and Health Administration training when they hadn't, will likely be from zero to 6 months.

Gang Land also expects there will be restitution and forfeiture provisions for several defendants, including Campos, Fiore, and Simonlacaj, whose homes are all cited as the fruits of their crimes, as well as Martino, who is charged with hiding millions of dollars of income and assets through bank fraud.

Sammy Bull's Mobster Brother-In-Law Dies Behind Bars

Edward GarafolaGambino wiseguy Edward Garafola, who promised to join his brother-in-law mobster Salvatore (Sammy Bull) Gravano and turn against the mob, but then changed his mind, has died behind bars.

Garafola, 82, was serving a 30 year sentence for a mob rubout he and Gravano teamed up to pull off in August 1990 — the gangland-style slaying of mob associate Edward (Eddie The Chink) Garofalo.

Garafola and Sammy Bull were part of an eight-man crew that whacked Garofalo for Mafia boss John Gotti, who feared he was squealing to the feds. Gotti was wrong, evidence later showed, but back then, it was usually better to be safe than sorry. The hit, carried out in classic gangster style in front of Eddie The Chink's Brooklyn home, was the last mob execution the Dapper Don ordered before he was hit with racketeering and murder charges four months later that would keep him locked up for the rest of his life.

In addition to the murder of Garofalo — who was his cousin — Garafola was also convicted of plotting in 1999 and 2000 with then-boss Peter Gotti and mobster Thomas (Huck) Carbonaro and several other members of the Gambino crime family to whack Sammy Bull at his new home in Arizona.

Edward GarofaloCarbonaro and a mob associate both traveled to the Valley State after a Phoenix newspaper outed Sammy Bull as a local resident. Gravano's flagrant appearance in the press prompted the Gambinos to try to exact revenge against the turncoat underboss for testifying against the Dapper Don, if only to save face with the other crime families. The plot ended when Sammy Bull, who relocated to Arizona after he was released from prison, was arrested on drug charges and landed back behind bars until 2017.

Several motions by Garafola to upset his conviction and sentence over the years, as well as recent tries for compassionate release were all rejected, and he passed away last week, according to the Bureau of Prisons.

"We've been on the outs for years, but I feel badly he died in prison like an animal," said Gravano, who credited Garafola in Underboss, the book by Peter Maas, with giving him the idea of cooperating and then double crossing him when he put the plan in motion.

That occurred in October of 1991, Gravano recalled in the Maas book, when "my whining brother-in-law Eddie," visited him at the Metropolitan Correctional Center and told him: "Sammy, you're going down on this case."

Salvatore Gravano"I said, 'What do you suggest Eddie?' He says, 'I hate to say this Sammy, but maybe you should cooperate. I'll go with you. Me and you cooperate and we'll go into a whole other life. Take our families and run after it's over....We'll make another life, Sammy.'"

"You know," Gravano wrote, "it's like when you're kids standing by the edge of the pool, and it's one, two three, jump! Schmucko jumped, and he didn't."

"Eddie was old, and bedridden," Gravano told Gang Land yesterday. "He would have been harmless if they let him out. But instead they kept him there for no good reason. It's a brutal way to die, and a brutal thing for his family. I feel bad for him, for his grandchildren, for my nieces and nephews and my sister — for their loss."

Garafola was buried Saturday at the Moravian Cemetery in Staten Island after a one day wake at Scarpaci Funeral home and a funeral mass at Our Lady Star of the Sea Church in Staten Island.

He is survived by his wife, Frances, his daughters Lillian and Rena, his sons Mario and Gerald, and several grandchildren

[NYNighthawk]

Are garafolo's son's in the life?

[richard_belding]

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[richard_belding]

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[Hired_Goonz]

If Capeci's column is gonna be a weekly recap of Alite and Borello's podcast, he should probably give them an envelope at Christmas or something.

[JohnnyS]

Thanks for posting.

[SonnyBlackstein]

If Capeci's column is gonna be a weekly recap of Alite and Borello's podcast, he should probably give them an envelope at Christmas or something.

[SonnyBlackstein]

Thanks for the post and the pics gents