Gangland 5/6

[Dr031718]

U.S. Supremes Eye Licensing Of The Waterfront Watchdog

Marlon Brandio On the WaterfrontGang Land Exclusive!The U.S. Supreme Court appears poised to decide the fate of the Waterfront Commission, which has been combating mob influence on the New York and New Jersey docks since 1953, just before Marlon Brando and his hoodlum pals appeared in the Oscar-winning movie, On the Waterfront.

If it takes the case, the High Court will consider whether the state of New Jersey can pull out of the bi-state compact as its legislature voted to do three years ago, claiming the commission was outdated and unnecessary. The commission has been fighting to stay in business, arguing that the mob threat is still alive and well on the docks.

The commission's position was upheld in a June 2018 decision in New Jersey Federal Court. But that ruling was reversed last year by the 3d Circuit Court of Appeals. Until last month, the Supreme Court was considering only a technical issue as to whether New Jersey was a "sovereign state" that could not be sued by the Commission. But on April 5, the court "invited" the Justice Department "to file a brief in this case expressing the views of the United States."

That move is seen by both sides of the issue as a positive development for the embattled waterfront watchdog.

The request by the court, which accepts less than 3% of the 7000 or so appeals that it gets each year, indicates that it is considering whether to weigh in on the case. But it also wants to get the view of the federal law enforcement officials who have been convicting mobsters and corrupt International Longshoremen's Association officials with the help of the Commission in the past decade.

Susan WigentonBoth facts are viewed as positive for the commission. Technically, the commission needs the high court to first consider its appeal, a so-called Petition for a Writ of Certiorari, or the 3d Circuit ruling that vacated its victory in New Jersey Federal Court would go into effect.

The commission also needs the Supreme Court to reverse the 3d Circuit ruling and uphold the ruling by Judge Susan Wigenton that stopped New Jersey from pulling out of the 68-year-old compact with New York.

By seeking input from the Justice Department, the Supreme Court is indicating that it is interested in the merits of the case, not only the technical issue that the 3d Circuit cited in its ruling. In her ruling, Wigenton stated: "It is in the public interest for the Commission to continue its investigatory and regulatory work."

In her 23-page decision, the judge noted that in 2014, Thomas (The Hook) Leonardis, a $256,000 a year ex-president of ILA Local 1235 had pleaded guilty, "along with numerous other ILA union officials" to being part of an "extortion conspiracy of their own union members on behalf of the Genovese Organized Crime Family."

Thomas LeonardisIn addition, Wigenton wrote, the WC had "undertaken scores of investigations that have led to the conviction of hundreds of individuals who were conducting illicit activities in the Port, including, but not limited to, drug trafficking, theft, racketeering, illegal gambling, loansharking, and murder."

Former New Jersey state senator Raymond Lesniak, who began championing the WC's ouster from the state in 2010 and sponsored bills that passed both houses of the state legislature in 2014, remains a fervent supporter of the fight to free the state of what he called "strongarm tactics" that have "hurt the ability of New Jersey businesses to service their clientele efficiently."

"I am very much a supporter of the New Jersey State Police taking over the functions of the Waterfront Commission," he told Gang Land. "I am as against corruption as anyone," he said, insisting that "dysfunctional actions" by the Commission "have been an impediment to economic development along New Jersey's ports for decades."

Lesniak conceded that the recent request by the Supreme Court asking for input from the Justice Department was "not a good thing" for his position. "It is a concern of mine since it does seem to indicate that they may take the case, and they only take about 2% of the cases."

Raymond LesniakAsked about being Governor Murphy's leading candidate to serve as the state's appointee to the Commission, Lesniak said that's been "put aside" to await the outcome of the pending litigation. The announcement created some backlash for Murphy last year, since Lesniak has been friendly with convicted ILA officials, and remains an unabashed supporter of the ILA and the New York Shipping Association, (NYSA), which donated $50,000 to his PAC in 2014.

"I am not rooting for myself to be a Waterfront Commissioner," he said. "I'm rooting for it not to exist."

Neither of the U.S. Attorneys, the ones in Newark and Brooklyn, whose offices have worked closely with WC investigators to convict wiseguys and corrupt ILA officials of racketeering offenses, as well as mobsters and associates of other crimes that began with a tip, or other help, from the WC, would talk to Gang Land about the situation — not even about already completed cases.

Kicking the Waterfront Commission out of New Jersey, "would be tragic," said Robert Stewart, the former head of the Newark Organized Crime Strike Force. "The ILA has an 80 year history of uninterrupted labor racketeering and corruption. The ILA is a totally captive labor organization of the mafia," and the WC does "an excellent job" of "rooting out the Mafia from the ports."

Ronald GoldstockRonald Goldstock, who was named as New York Commissioner with a mandate to "clean up the Waterfront Commission" in 2008 after investigations by inspector generals of both states found "serious problems" at the agency including "specific factual descriptions of incompetence, waste and other abuses," agrees with Stewart. And he disagrees wholeheartedly with Lesniak.

Goldstock, who retired from the Commission in 2018, told Gang Land that the "WC is the only thing that stops the mob from exercising its predatory practices against the terminal operators and the longshoremen through their influence of the ILA and the NYSA."

"The WC is the only body that is capable," he continued, "of stopping the dishonest union officials and the mob from forcing terminal operators to hire connected workers, pay them huge salaries, and require little or no work while they steal both money and democratic rights from honest workers."

In public hearings and through criminal prosecutions, the WC showed that the "favored few workers earned outsized salaries, some in excess of $400,000 a year, with little or no responsibilities," said Goldstock.

Lee J. Cobb as Johnny Friendly"One shop steward testified he was elected unanimously for life, didn't have any required work hours, did not know what a CBA (collective bargaining agreement) was, never filed a grievance, and indeed was only called upon to keep the workers 'in-line,'" he recalled. "And management disclosed that he earned more than any other employee."

Regarding Lesniak's argument that the WC is an "impediment" for the New Jersey businesses, Goldstock says the WC is what forces the ILA "to live up to its legal obligations" in equal opportunity hiring, noting that terminals cannot hire their own workers — they "are compelled to use the union as their employment office."

About Lesniak's argument that he is against corruption, Goldstock noted that "the New Jersey government was fond of the WC during the time its Attorney General's Office and the NYS Inspector General found it to be a moribund, corrupt organization" but that mindset changed in 2009, after a shakeup was ordered by then Governors Patterson and Corzine.

"As soon as the Commission was turned around, when it began to conduct investigations, and stop the union and mob from stealing bonus checks from workers, and insist on fair hiring practices that allowed women and minorities a chance to secure union jobs, they became outraged," he said.

"In the face of indictment after indictment, and in the face of defendants admitting their corrupt schemes in open court," said Goldstock, "the ILA, NYSA, and State of New Jersey argued that the days of On the Waterfront and Johnny Friendly were old news, when they were there in living color, staring them right in the face."

The Story Of Two Franks; Crime Pays For The One Who Flipped

Frangesco RussoFrangesco (Frankie) Russo must be fuming. He is currently in the Metropolitan Detention Center without enough money to pay for a lawyer. Meanwhile, his old pal, Francis (Frank) Smookler, who was Frankie's former partner in an alleged $100 million ripoff of three Lottery Winners, is living large in the home the pair jointly own in the sunny U.S. Virgin Islands.

How large?

Last week, Smookler earned the Top Angler prize at the Virgin Islands Game Fishing Club's Annual Dolphin Derby Day. He got his award after he boated a 39.5 pound mahi-mahi, according to All At Sea Caribbean, a Virgin Islands publication that chronicles fishing and sailing activities in the Caribbean.

Smookler is free to fish the sparkling blue Caribbean waters thanks to his guilty plea in March to stealing $45.6 million of the $100 million lottery ripoff.

Just how he won permission to leave the Eastern District of New York, which is where he's supposed to remain while free on bail, is unclear. There is no record on the court docket sheet that Smookler had permission to travel to the Caribbean, or even that he has copped a plea deal, as Gang Land reported in March.

Captain Joshua Bourg & Francis SmooklerSources say that's because Smookler has a sealed cooperation agreement in which prosecutors have agreed to seek a lenient sentence for Smookler in return for his testimony against Russo, and codefendants Jason (Jay) Kurland, the self-described "Lottery Lawyer," and Genovese wiseguy Christopher Chierchio.

Meanwhile, Smookler is landing other big fish.

"Francis reeled in the big one" around noon on Sunday April 25, said Captain Joshua Bourg, who is in the red shirt standing next to the smiling former securities broker in the photo by Dean Barnes.

"We had an idea it was a bigger one than the other fish we'd caught, so we thought we had a chance (at the top prize)," said Smookler, who was described in the article as "an avid fisherman, yet first-time tournament winner," by reporter Carol Bareuther.

Smookler caught his prize-winning fish in the waters south of St. John, where he owns a 2-bedroom apartment with Russo.The apartment is one of several properties that is cited as a fruit of the crimes by Russo and Smookler in a court filing by prosecutors Brian Morris, Lindsay Gerdes and Andrey Spektor. Along with their Long Island homes and a Miami condo they own, the St. John unit is cited for forfeit in court filings by the prosecutors.

The condo, which sources say cost the two Franks about $1 million, cannot be sold, but it can be rented or lived in, which is where Smookler has resided in recent weeks. Smookler, who agreed to forfeit $3.5 million of the money he stole during the 18-month long scheme, did not respond to a message that Gang Land left for him with a friendly voice we reached at the Sirenusa Condominium. We wanted to ask him if he was thinking of at least sharing a few Mahi-Mahi steaks with his poor friend Frank.

In court filings, the prosecutors stated that, in happier times, the duo enjoyed hiring private jets to fly back and forth from New York to their ocean hideaways, even after they had lost much of their lottery loot by investing it with accused Ponzi scammer-gem dealer Gregory Altieri.

Francis SmooklerIn June of last year, the prosecutors wrote, "Russo nonchalantly approved (a) request to wire $27,000 to Smookler from (a company they co-owned) for a private jet to fly him back to New York after he spent months away in Miami and St. John, where Smookler and Russo own homes together."

Eleven months later though, while Smookler is still enjoying the fruits of his admitted crimes — in a surprisingly unrestrained and blatant manner while he waits to finger Russo and the others from the witness stand — things are so bad for Russo, that he wants Brooklyn Federal Judge Nicholas Garaufis to assign a court appointed lawyer to represent him.

It's probably true, since most of the cash and other assets of all four defendants have been frozen by the feds. But it's a bit surprising that the grandson of acting Colombo boss Andrew (Mush) Russo is applying for a court-appointed attorney.

In a letter to Garaufis, Russo's current attorney, James Froccaro, wrote that Russo recently told him he was "financially unable to pay" the lawyer "to represent him in connection with this complex case" and that there had "also been a breakdown in the attorney-client relationship between us necessitating" Russo's application for a court appointed lawyer.

As a result, the lawyer wrote, he was seeking permission to withdraw from the case, and at Russo's request, was asking the judge to appoint an attorney for him.

The judge ordered Russo to submit a financial affidavit to the court justifying his request by today.

Trump Impeachment Lawyer Turns Now To Little Vic

Victor OrenaFresh from his impeachment win for ex-President Trump, prominent defense attorney David Schoen is preparing for what should be — on paper — another easy win: A compassionate release for another ex-New Yorker, one who suffers heart disease and dementia. This client is 86, has no use of his legs, is a danger to no one but himself, has been behind bars for 29 years, and his release was okayed by his warden two years ago.

But this time, Schoen is up against a prosecutor who has already stated that ex-Colombo family acting boss Victor (Little Vic) Orena should remain behind bars for the rest of his life. The odds appear even steeper as the newly appointed judge who is considering the case spent more than a few years as a mob busting assistant U.S. attorney.

During a court session with Brooklyn Federal Judge Eric Komitee last month, Schoen indicated his intention to seek a compassionate release for Orena and stated that he doubted that Little Vic could "participate and assist counsel" in a resentencing for his 1992 murder and racketeering conviction because of his debilitating ailments — whether it was a remote, or in-court proceeding.

Orena currently resides in a prison hospital in Ayer, Massachusetts. The facility considers him so infirm, that a fulltime aide has been assigned to him there, according to Schoen.

David SchoenAt trial, Little Vic was convicted of heading a rebel faction of the Colombo family that engaged in a bloody war with loyalists of boss Carmine (Junior) Persico. The war lasted from 1991 to-1993; 12 persons — including two innocent victims — were killed. Orena was also found guilty of the 1989 murder of an underling who was caught skimming from his boss.

Schoen told Komitee that "Orena was approved for compassionate release two years ago," but that the warden's decision "was overridden by the (Bureau of Prisons) general counsel despite a medical finding that (Orena) was clearly eligible for it." Since then, the lawyer said, "his medical conditions have significantly deteriorated."

Noting Orena's ailments and his advancing years — he'll be 87 in August — would make it difficult for him to endure a "protracted" resentencing process that would take months, and a separate compassionate release motion that his client deserved, Schoen raised the idea of handling both issues at the same time during the session with prosecutor Elizabeth Geddes.

Judge Eric KomiteeAfter a brief discussion about that scenario, Geddes agreed to discuss that possibility with her superiors, and inform the Court about the government's position within a week.

In her reply last week, Geddes gave Schoen a more immediate option. The prosecutor wrote that a motion for a compassionate release from the life sentence Orena is currently serving "would be ripe for the Court's consideration" now since Komitee had not yet vacated Little Vic's gun conviction or "ordered a de novo resentencing on the remaining counts."

Schoen told Gang Land that he still hasn't seen the warden's 2019 decision that recommends a release under the First Step Act, but he said he will file a motion "within a week" using Orena's medical records and the denial of the warden's decision by "BOP assistant director/general counsel Ken Hyle" to argue that Little Vic deserves a compassionate release.

"Hyle overruled the warden on May 3, 2019," said Schoen, even though he found that "Orena unquestionably suffers from multiple debilitating medical conditions as defined in the statute and the BOP's own policy manual" and was "fully eligible for compassionate release," said Schoen

Judge Jack Weinstein"He unilaterally made himself the judge and wrote that 'although he meets the criteria for a RIS' (reduction in sentence) he was denying it because 'due to the nature and circumstances of Mr. Orena's offense and his criminal history, his release at this time would minimize the severity of his offense and pose a danger to the community,'" said Schoen.

Geddes has not stated the government's position on a compassionate release. But there's little doubt she will quote the same sentencing remarks of trial judge Jack Weinstein to argue against compassion that she made in asking Komitee to again sentence Orena to a life without parole term at his still-to-be scheduled resentencing for his murder and racketeering conviction.

In that filing, she wrote that Weinstein stated that "harsh terms of imprisonment are required to incapacitate (mob) defendants and extract them from the net of criminal activity in which they have been enmeshed for their adult lives" and that "severe sentences" might deter and "save youngsters who might be seduced into the criminal lifestyle of these mobsters."

Weinstein retired from the bench last year at the age of 99 so he doesn't get to weigh in on this case. But it's not hard to imagine that the great and always creative jurist might just think that letting today's wannabe gangsters see a broken and ailing old man with dementia being wheeled out of prison might be an even better object lesson in steering clear of the mob.

[Southshore88]

Thanks for posting Dr.

[JohnnyS]

Thanks for posting!

[SonnyBlackstein]

Appreciate the post Dr.

[Amershire_Ed]

Thanks for posting!

[Tonyd621]

Whats going on with the Spataro case? Anyone.

[bronx]

did russo really think they not would arrested one day and his partner would not flip, he is sheldon silver

[Dave65827]

Seen a pick of the smookler guy not to judge a book by a cover but he doesn’t strike me as a person willing to do time even little time

Also a little disappointed of no mention of the Farese case

[RamshackleMan]

Many thanks.

[Wiseguy]

Lesniak has been on his little crusade for over a decade. Makes you wonder why he's pushing so hard all things considered.

[Tonyd621]

Orenas not getting released bc hes italian and it creates headlines (such article was in the NYC papers). I bet you that.

[Tonyd621]

If prosecutors keep Orena in jail they are tough on crime. If they release a person other than Orenas ethnicity they are compassionate, reformists, first step act advocates etc. That is just my belief. I dont think its always like that, but broadly speaking that is what I feel.

[SonnyBlackstein]

If prosecutors keep Orena in jail they are tough on crime. If they release a person other than Orenas ethnicity they are compassionate, reformists, first step act advocates etc. That is just my belief. I dont think its always like that, but broadly speaking that is what I feel.

Agree x 1000


Capacie confirming Russo is still AB was an interesting takeaway.

[Cheech]

Farese is knocking off insurance companies and Jerry's telling me fishing stories

[Extortion]

Farese is knocking off insurance companies and Jerry's telling me fishing stories

LOL

his column has been SHIT for like 3 years STRAIGHT...like wtf nothing in three fucking years basically.