Gangland 1/28

[Dr031718]

Judge Rips Mob Snitch For Making A Monkey Out Of The Government

John RubeoGang Land Exclusive!His lawyer, his prosecutors, his FBI handler and his probation officials all went to bat for turncoat Genovese gangster John (J.R.) Rubeo, who faced the music last week before a federal judge. But it was the deadly COVID pandemic that saved the boastful mob snitch from a return to prison for associating with two ex-cons on their podcast about organized crime.

A fuming Manhattan Federal Judge Richard Sullivan made that very clear. Sullivan ripped Rubeo for giving "a black eye to this court and the administration of justice" for his violation of supervised release (VOSR.) And the judge chided the government officials who downplayed Rubeo's "serious violation of trust" as a minor misstep that deserved no punishment.

"I take it seriously," Sullivan steamed during the contentious sentencing proceeding, in which the angry judge raised his voice several times as he lambasted Rubeo for being "devious and manipulative" in landing a spot on the Johnny and Gene Show without asking probation officials for permission because he was "obsessed with self-promotion."

"That's why I started this thing rolling," Sullivan reminded Rubeo, whose problems began in October, after the judge saw the podcast. "It wasn't the government. It wasn't the FBI. And it sure as hell wasn't you. You want to make a monkey out of the FBI, or a monkey out of the government, that's fine. But you're not going to make a monkey out of me, or this court."

Several times during the long (about 75 minutes) virtual sentencing proceeding, Sullivan shot down arguments by Rubeo, his attorney Louis Fasulo, and prosecutor Lauren Potter, that the controversial — "checkered," the judge called him — cooperating witness was a changed man, and a law-abiding citizen who did not deserve to be sent back to prison for his VOSR.

Judge Richard SullivanAfter Fasulo extolled his client's virtues and noted that he had been threatened in person, when he was golfing in his new home state, and on social media, Sullivan interrupted, stating that Rubeo was the same "self-promoter" he was when "he was cooperating."

"His motives" in "engineering" an appearance on the September 12 podcast seemed to be "pretty consistent about self-promoting Mr. Rubeo" and were "inconsistent with concerns about his safety," countered Sullivan. "People who are concerned about their safety are not going on podcasts."

And when the lawyer said Rubeo "never lied to probation" and told officials about every contact he had with podcast hosts John Alite and Gene Borrello, Sullivan angrily stated that "all of that happened after I issued a pretty scathing report" and ordered a full investigation about it. Rubeo told Probation about it on September 1, but the show had been videotaped on August 17.

The judge ordered the investigation after reading in the New York Daily News on September 27 — three days after Gang Land wrote about it — that Rubeo had boasted in the podcast that he had destroyed evidence and made more money committing crimes while working for the feds than he did as a gangster.

Sullivan said that J.R. never sought permission beforehand only because he feared the government would order him not to do it. Instead, Sullivan said, "he manipulates the situation to get what he wants and then afterwards he covers it with a report. That seems not like a changed man; that seems like the same guy whose problems in cooperation prompted a (46) person indictment" to end with "not so serious sentences . . . in the 12 month range."

John AliteProsecutor Potter asked for home confinement until June 29 when Rubeo's supervised release is slated to end. That matched the term sought by Fasulo and probation officials, who downgraded their original three months behind bars recommendation. Sullivan dismissed the request, stating that home confinement "in a time of quarantine and COVID is basically nothing," and wasn't "any punishment at all."

"I'm basically living that life," Sullivan told Potter. "And so are you. You're on home confinement."

Potter then upped her recommended sentence to a "longer term of supervised release." She noted that while Rubeo's VOSR for associating with two convicted felons was "very serious," his conduct was public and did not involve criminal activity. And it was "not indicative of the bigger picture," namely that Rubeo had led "a law abiding life" while on supervised release, she said.

Sullivan saved his criticism for that argument until Rubeo raised it later. Instead, he focused on a footnote in Potter's three page sentencing memo stating that J.R. had spoken to his FBI handler, agent Jennifer Laurie "in advance of the podcast." He asked Potter whether the agent had told her "or anybody at the U.S. Attorney's office about that," and if she did, what she said about it?

Gene BorrelloDuring a long, disjointed colloquy — it included a report by one of Rubeo's probation officers — Potter said agent Laurie told her office that she did not give J.R. permission to appear on the podcast but did not forbid him either. But Laurie did not tell him that the "government does not violate supervisees for association," as he had told his probation officer, the prosecutor said.

Potter conceded that Rubeo had "mischaracterized" what the agent had told him. But she said the contradictory accounts were due to "a slight misunderstanding as to the exact wording," and the timing of several discussions Rubeo and Laurie had about the podcast.

The prosecutor explained that in one of several talks they had after the podcast, Laurie told Rubeo, "In my personal experience I haven't really seen any violations for association."

"I'm not sure why this agent Laurie just takes it upon herself to tell people what she thinks the court is going to do," said Sullivan. "This is an entire case going back years where I would say Mr. Rubeo and the FBI have managed not to make the FBI look very good. This is I think just adding more to it."

Rubeo was able to sweet-talk dozens of gangsters into going along with him during the five years he wore a wire for the FBI. But he failed miserably in his stated effort to convince Sullivan "that a lot of the stuff you believe, or think about me, is false." His efforts collapsed the second time he told the judge that "99% of what you heard at trial happened pre cooperation."

Louis Fasulo"What are you talking about 99% of what I heard?" Sullivan exploded. "What I heard was from you."
As Rubeo began talking over the judge, stating for the third time, "99% . . . " Sullivan said, "Wait. WAIT. Let me finish. What I heard is you were committing crimes while you were cooperating with the FBI. You denying that now?"

JR: "No. I said I made mistakes while I was cooperating."
Judge Sullivan: "Right. You were committing crimes while you were cooperating."
JR: "Yes sir," said Rubeo.
Judge Sullivan: "You also made mistakes by making false allegations against an FBI agent. You made mistakes with respect to how you recorded items. You also were planning to do a book deal while you were cooperating. I would find that those mistakes compromised the effect of your cooperating. It clearly created some cross examination issues. So I don't know what you think is 99% of what I heard at trial. What I heard at trial was mostly from you."
JR: "Yes, I made mistakes," said Rubeo. "But I own them. And now I've turned my life around. I follow the law. I follow probation. This was a mistake. A lapse in judgement."
Judge Sullivan: "This is a violation of the terms of your supervised release. You can call that a mistake. You can call that whatever you want. It's a VOSR from a guy who got a big break at sentencing. Time served rather than a much higher guidelines sentence."

Lauren Potter"You basically engineered an appearance on a podcast, by avoiding pre-disclosure to Probation, recognizing that they might say no," the judge continued. "I surely would have said no. You decided you wanted to do this. And so you did it, anyway."

"You covered your ass a bit," Sullivan continued. "You reached out to the FBI, and after the fact you did a minimal disclosure because you knew you needed to see probation, so you could say, 'Well. I told you, or I tried to tell you. I told somebody.' But the fact is that this is a premediated calculated violation. It was a manipulation."

"Everybody's telling me that you're a good guy, that you got the message, that you haven't committed any crimes," Sullivan continued. "Yeah? So what? That's what's expected of you. Especially after you got a break at sentencing the first time. I'm not going to congratulate you and pat you on the back. I expect absolutely no less."

"I was blown away that you had the nerve and bad judgment to do what you did here," the judge continued. "The only thing that gives me pause (about a prison term) is that there is a COVID epidemic right now. Prisons are not very safe places to be. That's the best thing you got going for you right now. That's all you got going for you right now."

"So after a LOT of thought, I am persuaded not to put you in because of COVID," said Sullivan. "I am going to impose an additional two years of supervised release, with the first six months of home confinement, and if there's another violation then pack your bags because you're going in.

Somebody Up There Still Likes Vincent Fyfe

Charles MerinoffCharles Merinoff, the co-chairman of a wine, spirits and beer wholesaler with 7000 employees in the U.S. and Canada and annual sales of $5 billion a year wants to hire Vincent Fyfe, the convicted grandson of the late Mafia boss Vincent (Chin) Gigante who lost his $350,000 a year gig as a union president last year, Gang Land has earned.

Merinoff, whose family has financial interests in many companies, including Charmer Industries, a New York beverage company founded by Merinoff's namesake grandfather in 1944, says he has "known and worked" with Fyfe for 25 years, most of them while Fyfe was president of Local 2D of the United Food & Commercial Workers Union.

"Vincent has earned my trust through transparency and integrity," wrote Merinoff, who began working in his grandfather's business in 1980. "Though his own people were his priority, he understood that we would not be a successful partnership unless everyone's needs were met."

Fyfe, who testified that he was hired by Local 2D in 1995 with a recommendation from his grandfather, was elevated in 2001 from secretary-treasurer to president. The move came after then-president Vincent D'Acunto, a Genovese soldier and longtime Gigante pal, succumbed to a heart attack. Most of Local 2D's 1600 members are employed in the liquor industry.

Vincent FyfeFyfe is expected to receive a no-jail, time-served sentence next week as a reward for his cooperation against Gigante's son Vincent Esposito and four others. In a letter to Manhattan Federal Judge Jed Rakoff, Merinoff asked Rakoff to permit Fyfe "to continue to work in the labor field" despite federal statutes that bar him, as a convicted union official, from working on union-related matters for 13 years.

On the stationary of the Breakthru Beverage Company, a Manhattan-based conglomerate with outlets in 13 states, the nation's capital, and the province of Ontario, Merinoff praised Fyfe as "an outstanding union leader" who "always put his membership above all else while taking the time to fully understand the often-complex needs of our alcohol distribution business."

A University of Wisconsin graduate, Merinoff wrote that Fyfe's "passion for his own job in representing his people never stopped him from caring for our company and our people." Fyfe, he wrote, had an unusual way of mentoring and educating not only his management team but our management team as well, always to the benefit of each person."

Vincent EspositoWithout mentioning why Fyfe, 47, was "leaving the union and seeking to offer his labor expertise to private businesses," Merinoff wrote that he holds "positions with a variety of organizations" and hopes "to hire (Fyfe) to work for the next generation of leaders in my family business as well as other businesses with which I am associated."

Merinoff did not give any specifics about the responsibilities and duties of any position that he was considering to offer Fyfe, and he declined to respond to telephone or email requests from Gang Land.

The Labor Management Reporting and Disclosure Act (LMRDA) automatically bars any convicted union official from working for a union, or as a business consultant that would enable him to have any involvement with union activities or pension or benefit plan funds for 13 years. And it only allows a judge to reduce the ban to three years following a hearing to determine whether the defendant has been rehabilitated and trustworthy despite his prior conviction.

Joseph GiaramitaBut based on court filings by Fyfe attorney Joseph Giaramita and the U.S. Department of Labor (DOL,) Merinoff should be able to find a suitable position with one of his companies that would not violate the provisions of LMRDA.

In seeking an exemption from the LMRDA ban, Giaramita wrote that Fyfe seeks to be employed "as a consultant" in a role that would be "limited and distinct" from his prior duties as a union official and have nothing to do with any union pension or other benefit plans.

Federal authorities indicated that it's okay with them to award the exemption to their star witness, providing that the judge finds that Fyfe has changed his ways.

On behalf of the DOL, prosecutors wrote that Rakoff "should construe Fyfe's motion as a narrow exemption request seeking permission for Fyfe to work in a limited capacity as a business consultant that does not include work for labor unions, work with access to funds, work with pension or benefit plans, or advice or consulting on such plans."

Frank GiovincoThe judge should also "consider the character and gravity of Fyfe's offense" and "whether Fyfe has affirmatively demonstrated his rehabilitation" before deciding whether to grant the former union official's motion, wrote prosecutors Kimberly Ravener, Jason Richman and Justin Rodriguez.

The prosecutors have yet to submit their sentencing recommendation, but from their filing for the DOL, which states that the automatic 13-year ban against Fyfe would end on February 2, 2034, it's apparent they assume that Fyfe will receive a non-custodial sentence next week.

Fyfe, who was heckled and called a "piece of shit" by Esposito's sisters when he testified against Genovese soldier Frank (Frankie G) Giovinco, the only defendant who opted to go to trial, pleaded guilty to embezzling $15,000 in Local 2D funds between 2005 and 2008.

Giovinco is serving a four year term for labor racketeering. Esposito, along with three other codefendants who copped guilty pleas, Genovese soldier Steven (Mad Dog) Arena and former union officials Vincent D'Acunto Jr. and Frank Cognetta, have completed their prison terms. Esposito, whose official release date is in February, is currently assigned to a halfway house, according to the Bureau of Prisons database.

Judge Says Seven Is The Right Number Of Years For Patsy

Pasquale ParrelloPasquale (Patsy) Parrello, the 76-year-old Genovese capo who received the longest prison term of the 46 mob-connected defendants who were hit with racketeering charges after a five year FBI sting based out of his landmark Bronx eatery, Pasquale's Rigoletto, lost his bid for a compassionate release from prison this week.

Judge Richard Sullivan ruled that despite numerous medical ailments and the unlikely possibility of a return bout with COVID-19, Parrello will have to serve out the balance of the seven year sentence he received for the 2016 indictment.

The tough decision is in line with Sullivan's equally tough statement at Patsy's sentencing that "anything less than seven years imprisonment would be wrong" for the powerful recidivist wiseguywho was snared by John (J.R.) Rubeo, the turncoat mob associate he treated line a son.

Pasquale's RigolettoParrello had asked Sullivan to reverse the decision by the warden at the Fort Dix prison complex who denied his October 23 request for an early release. In his request, Patsy reported that he suffered from prostate cancer, chronic blood clotting problems, hypertension, and chronic pain. The warden said no, finding that Patsy's "medical conditions were 'stable,' and that his early release would endanger the community."

In asking the judge to overrule the denial., Patsy's lawyers cited their client's, infraction-free prison record, his advanced age, and the fact that he subsequently contacted the COVID bug as "extraordinary and compelling" reasons to warrant a compassionate release under the First Step Act of 2018.

In objecting to his motion, prosecutors conceded that his prostate cancer was an "extraordinary and compelling" reason for Parrello's release, but argued that he should remain behind bars until his term expired in July of 2022 because he would be a dangerous felon if he were released.

Judge Sullivan agreed that Patsy was a violence-prone gangster who had "ordered his followers to threaten victims with death" and should remain behind bars to "deter him from returning to a life of violent, organized crime."

But the judge stated he disagreed with the government's concession that Parrello's prostate cancer was an "extraordinary and compelling reason" that entitled Patsy for a compassionate release.

"According to his medical record," Sullivan wrote, "Parrello's cancer is 'low risk,' and while it must be periodically monitored, it is not being actively treated. Standing alone, this medical condition does not rise to an 'extraordinary and compelling' reason justifying release."

John Rubeo"Though the Court sympathizes with Parrello's health conditions and congratulates him on his spotless prison record," Sullivan wrote, "it continues to believe that 'anything less than than seven years' imprisonment would be wrong.'"

The COVID pandemic by itself does not present an extraordinary and compelling reason to grant an inmate a compassionate release, Sullivan opined in his seven-page ruling.

That appears at odds with his decision last week that spared Rubeo a return to prison on the basis that he risked being struck behind bars by the deadly virus.

In the case of Parrello, who is already behind bars, the judge reasoned otherwise: "At least on some level," Sullivan, wrote, "the threat of the virus is common to every inmate — indeed, to every person in the United States. If every compassionate release case presents an 'extraordinary' reason for release, the term loses its meaning. It thus matters whether an inmate has identified specific facts that increase his risk of suffering severe health consequences should he contract the coronavirus."

[dack2001]

Congratulations Judge Sullivan. You lectured Rubeo and let him stay free but you denied release to the guy with slow growing prostate cancer, whose plea was based upon Rubeo's cooperation, so that by the time he comes home it will be spread beyond what can be treated. That's the federal system of justice for you in a nutshell.

[JohnnyS]

Thanks for posting, Dr

[Tonyd621]

Being in the life must be depressing as anything right now. You must really really believe it. Rats saved by covid. A Covid prone cancer stricken old man stuck in prison by the same guy who was chastised for committing crimes while on the government tit. Gigantes immediate family rolling for having to give up $10k a year for a $150k/yr job that was GIVEN to him by Gigante. Then allegedly being offered a job if he wants it pending outcome of his case. Then Frankie G getting 4 years for embezzlement which was only for $5k/yr for 3 yrs.
Bunker style is the only way nowadays it seems.

[TallGuy19]

Congratulations Judge Sullivan. You lectured Rubeo and let him stay free but you denied release to the guy with slow growing prostate cancer, whose plea was based upon Rubeo's cooperation, so that by the time he comes home it will be spread beyond what can be treated. That's the federal system of justice for you in a nutshell.

He could receive treatment for it in prison if the doctors felt that it was necessary, which they apparently don't. It is my understanding that prostate cancer grows slowly enough, and the risk of metastasis is low enough, that a man his age usually wouldn't need any treatment.

[bronx]

agree Tony

[givememysocks]

Fyfe is such a fuckin crook. I wonder how many favours he had to do inorder to get that consulting job.

[Dave65827]

Vincent fyfe sounds like a total jerkoff I’d gladly pay the ten k for that 350k job

[CabriniGreen]

Being in the life must be depressing as anything right now. You must really really believe it. Rats saved by covid. A Covid prone cancer stricken old man stuck in prison by the same guy who was chastised for committing crimes while on the government tit. Gigantes immediate family rolling for having to give up $10k a year for a $150k/yr job that was GIVEN to him by Gigante. Then allegedly being offered a job if he wants it pending outcome of his case. Then Frankie G getting 4 years for embezzlement which was only for $5k/yr for 3 yrs.
Bunker style is the only way nowadays it seems.

I thought it was 350k a year...

[SonnyBlackstein]

Thanks for the post Dr.

@dack +1000

[dack2001]

Tony, you must not know anyone that has ever received medical treatment in prison....

[Tonyd621]

Being in the life must be depressing as anything right now. You must really really believe it. Rats saved by covid. A Covid prone cancer stricken old man stuck in prison by the same guy who was chastised for committing crimes while on the government tit. Gigantes immediate family rolling for having to give up $10k a year for a $150k/yr job that was GIVEN to him by Gigante. Then allegedly being offered a job if he wants it pending outcome of his case. Then Frankie G getting 4 years for embezzlement which was only for $5k/yr for 3 yrs.
Bunker style is the only way nowadays it seems.

I thought it was 350k a year...

It was $300k/yr. But I was trying to make it point but I dnt remember what the context I was trying to say lol

[Tonyd621]

Tony, you must not know anyone that has ever received medical treatment in prison....

No I don't. But I don't think he would get adequate treatment by even lowest standards imo.

[dack2001]

I guess you like your doctor making decisions by coin flip because that is the likelihood that you get treatment commensurate to what your private doctor would give you in prison....

[Tonyd621]

I guess you like your doctor making decisions by coin flip because that is the likelihood that you get treatment commensurate to what your private doctor would give you in prison....

Huh? What are you trying to say?