Gangland 7/6/2023

[Dr031718]

Mobsters Don't Get To Take 'The Fifth' With The Boss, Says Vinny Gorgeous In Bid To Overturn An Old Murder Conviction

Bonanno wiseguy Vincent (Vinny Gorgeous) Basciano, almost two decades into a life sentence in federal prison, says his conviction for the 2004 murder of Randy Pizzolo was illegally obtained and should be thrown out. Reason? His incompetent trial lawyers let prosecutors get away with having Mafia boss Joseph Massino coerce him to admit his guilt. As Basciano's current lawyers state, there's no Fifth Amendment rights for mobsters when the Boss is asking the questions.

Vinny Gorgeous first made this claim in a court filing six years ago. But only now has Brooklyn Federal Judge Nicholas Garaufis, the trial judge who sent him away, decided to consider it.

Basciano's claim may seem far-fetched, but it raises an intriguing legal issue: He says the feds violated his constitutional rights against self-incrimination by forcing him to admit the killing of Pizzolo to a wired-up Massino. Prosecutors well knew, the wiseguy says, that mob protocol obligated him to answer the boss's questions or face possible execution for refusing to answer. Massino was still the Bonanno family boss, Vinny Gorgeous points out, even though he had secretly become a government snitch.

In a Zoom session from his Florida prison two weeks ago, Basciano, 63, told Garaufis that he waived his attorney-client privileges with his two trial lawyers, who did not push the judge to suppress his taped admission even though Massino testified that he was still the boss at the time and could have ordered him killed if he didn't answer his questions.

Looking trim and fit for an inmate in the 19th year of two life terms for the slaying of Pizzolo, and the 2001 murder of a second underling, Vinny Gorgeous stated under questioning from Garaufis that he fully supported the "ineffective assistance of counsel" motion that attorney Anthony DiPietro had filed in 2017 against his trial lawyers George Goltzer and Richard Casper.

DiPietro asserted that in January of 2005, Massino twice used his "power" as Basciano's Mafia boss to "coerce" him to admit Pizzolo's murder in taped talks that later became "the centerpiece" of the government's evidence at trial. The tapes shouldn't have been allowed, DiPietro wrote in his filing, since Vinny Gorgeous could have been killed if he didn't answer Massino's questions. But thanks to the failure of Goltzer and Casper to get those damning words suppressed, Basciano was convicted.

At his sentencing, Basciano aptly noted, "the recordings were the lynchpin of (the) government's case" against him, DiPietro wrote. The defendant stated that the "attorneys, the prosecutors and two of [the] court clerks met with the jury after the penalty phase verdict, (and) the jury told everybody in that room that they completely disregarded every single cooperating witness," except for one who didn't link Basciano to the murder.

In 80 pages of a 132-page filing, DiPietro argued that the tapes should have been suppressed since Massino, the prosecutors, as well as Judge Garaufis, all stated that under the so-called "Rules of the Mafia," Massino, as Bonanno boss, had "the authority to kill someone for refusing to properly answer the Boss's questions."

Basciano had good reason to believe the 'Don't dis the boss' rule could be deadly for those who violated it.

Under questioning by prosecutor Taryn Merkl, DiPietro wrote, Massino testified that soldier Cesare Bonventre was murdered in 1984 because he "disrespected" the prior family boss Philip (Rusty) Rastelli by walking out of a meeting with him after he answered the chieftain's question.

Q: What did he do to justify or warrant death?
A: "He [the Boss] questions him. 'Did you do this? Did you do that?' He said[,] '[A]bsolutely not.' With this, he got an attitude. He said, 'Come on, John, let's get out of here.' And they walked out and they left. That's what he died for."

"Massino also testified in no uncertain terms," DiPietro wrote, "that he had the right to murder an underling who showed any disrespect to his rule as Boss" and that he had that authority when he quizzed Vinny Gorgeous about Pizzolo's murder in January 2005, four months after he flipped and began cooperating with the feds, on August 2, 2004.

Q: The boss has it in his discretion to enforce the rules in any way he sees fit at any particular time?
A: Correct.
Q: If I violate one of Joe Massino's rules by showing him disrespect, Joe Massino could have me killed?
A: Correct.

DiPietro wrote that during Massino's incarceration in 2004 — before and after he quizzed Vinny Gorgeous about the Pizzolo murder — Massino said he was still the "official Boss and could have had Basciano killed for disrespecting his position."

Massino made no bones about his deadly power as boss as he readily admitted it when Merkl asked him why he decided "to do nothing about" Basciano's decision to assume the role as acting boss without his say so.

"I could have killed him," Massino said. "They (Genovese wiseguys) wanted me to kill him and I gave him a pass. The West Side come to me when I was on the floor (of the Metropolitan Detention Center.) They said, 'You need help? We'll get rid of him.' I said, 'Let him go. Let him do what he's doing.'"

"The district court," DiPietro wrote, "stated that '[a]t Basciano's (two prior) trials and in other cases, cooperating witnesses testified that Massino had absolute authority in the Bonanno family: he was 'God'; he made the rules; he gave the orders; he instilled fear; and all below him knew that they could be killed if they disobeyed him.'" A jury in 2006 convicted Vinny Gorgeous of racketeering but hung on the murder charge. A 2007 jury found him guilty of Santoro's murder.

At Massino's own 2004 trial, when he was convicted of seven murders, several Bonanno turncoats, including ex-underboss Salvatore Vitale, and mobster Frank (Curly) Lino, testified that Massino had imposed the death penalty, often for flimsy reasons, as was his prerogative as boss of the crime family.

During the testimony of turncoat mobster Frank Coppa, DiPietro wrote, then-prosecutor Greg Andres told Garaufis that Massino had ordered Coppa's mobster son, Frank Coppa Jr., to sit in court next to Massino's wife when his dad took the stand, under the penalty of death.

"Massino is the boss of the Bonanno family," said Andres. "While he is in prison, he passes messages through his wife and family members" and "frankly," Andres added, "Coppa Jr. is a soldier in the Bonanno family (and) has an obligation upon penalty of death to obey the orders of his boss."

If Goltzer and Jasper had done their "due diligence," DiPitero wrote, they would have subpoenaed a mob-busting FBI agent or John Carillo, a federal investigator for the Manhattan U.S. Attorney's office, as a defense witness. Carillo testified in the 2006 Basciano trial "that a made member who is physically in the presence of his Boss understands, without the need to be explicitly threatened, that the Boss could order his murder at any moment," DiPietro wrote .

Asked if he would "agree that members and associates of the family for many reasons must obey anything that the boss asks or demands of them," and "has absolute authority over anyone involved with his family," Carillo, who testified as an expert witness numerous times for federal prosecutors in Manhattan and Brooklyn, said, "Yes."

Q: You would agree that a made member who is physically in the presence of his boss understands that the boss could order his murder at any moment?
A: That's correct.
Q: Indeed, there is no question that the penalty for disobeying a direct order from a boss is death?
A: It could be death, yes.

But the trial attorneys didn't cite testimony by Massino or cooperating witnesses, or call expert witnesses, who have become a staple in major mob racketeering trials, to testify that having Massino question Vinny Gorgeous under a threat of death was a text-book violation of Basciano's Fifth Amendment right against self-incrimination.

Instead, DiPietro wrote, attorneys Goltzer and Jasper offered "meek" and "conclusory assertions" that Massino was "a force to be reckoned with" without explaining "the inherent powers that Massino, as an official Boss, possessed and wielded over all other members" and their client was doomed to be convicted of murder due to the "ineffective assistance of counsel."

In his very detailed habeas corpus motion to vacate Basciano's conviction on constitutional grounds, DiPietro cites no lesser authority than Gang Land which took the rare step of submitting an affidavit in the case. Gang Land, DiPietro writes, "has proffered in no uncertain terms that the district court's findings in this case were unfounded and irreconcilable when considered with clearly established Mafia protocol."

That's not exactly what yours truly, whom DiPietro called "an expert in the field," stated, but it's certainly the gist of an affidavit that the author of this column wrote on June 15, 2017. The issues were whether Basciano, an acting boss of the crime family was speaking freely when he admitted ordering the killing of Pizzolo, or if he could have declined to answer any questions about the murder that Massino asked him.

Of the 80 pages he wrote about the ineffectiveness of counsel issue, DiPietro used four on Gang Land's take. But one fat paragraph the lawyer cited sums it up pretty well:

"Basciano," the affidavit states, "would have to have known when Massino questioned him about the murder of Pizzolo that he could either answer Massino's questions or face the very real prospect of being killed for refusing to do so. He could have chosen to speak truthfully, or to lie, or to do both, in responding to Massino's first question, and whatever follow up questions he had. The one thing Basciano could not do was refuse to answer any questions that Massino posed. If he did that, he would have subjected himself to the possibility of death."

Gang Land did not take any position then, or now, on whether Basciano lied or told the truth about the murder of Pizzolo. But there is little doubt that prosecutors knew that Vinny Gorgeous would answer each and every question that he was asked when they arranged for the Bonanno boss to question his acting boss while they were both housed in the MDC.

When Gang Land agreed to give DiPietro an affidavit he could submit, we did so, thinking that we would write about it a year or two later. We weren't disabused of that notion when prosecutors asked for 60 days to respond, noting they had to get secret proceedings Basciano and his lawyers had with the Judge unsealed, and an attorney-client waiver from Vinny Gorgeous in order to respond.

But the motion, and the government's request fell through the cracks for nearly six years.

On June 14, six years minus one day later, Basciano waived his attorney-client privileges. Judge Garaufis ordered DiPietro to consult with prosecutor Jack Dennehy — he handled the sentencing of Basciano and is the only one of four prosecutors still with the office — and "propose a schedule for the expeditious resolution of the (motion) by September 22, 2023."

Editor's Note: Gang Land is off next week. We'll return with more real stuff about organized crime in two weeks, on July 20.

Colombos Going Down: Skinny Teddy, The Claw, Big Ralph & Company To Plead Guilty And Close Out Colombo Family Racketeering Case

For many months, the feds wrongly believed he had taken over the reins of the Colombo crime family from his late uncle. But they apparently had it right that Theodore (Skinny Teddy) Persico and the hierarchy of the beleaguered bourghata were guilty of racketeering and the extortion of a Queens-based construction workers union, Gang Land has learned.

Persico, a family capo, along with the family's accused underboss and consigliere, and two other mobsters, have agreed to cop guilty pleas to satisfy all charges stemming from the crime family's 20-year-long shakedown of Local 621 of the United Construction Trades & Industrial Employees Union, according to court filings in the case.

Sources say that Skinny Teddy, 59, and the accused wiseguys — with the lone exception of 85-year-old accused underboss Benjamin (The Claw) Castellazzo — have agreed to accept plea deals calling for between four and six years in prison, depending on their individual "criminal history" scores that are based on the number of convictions they've had over the years.

The sentencing guidelines in Castellazzo's plea agreement, the sources say, are 21-to-27 months. Brooklyn Federal Judge Hector Gonzalez will have the final say on the prison term that The Claw, and the other defendants receive, of course. The sources say lawyers for all the remaining wiseguys, who include capo Vincent (Vinny Unions) Ricciardo and mobster Michael Uvino, will be permitted to seek sentences below the recommended guidelines for their clients.

Ralph (Big Ralph) DeMatteo, the crime family's beefy consigliere who was seen lounging in a pool in sunny Florida in a photo that was posted by his son when the Brooklyn U.S. Attorney's Office announced the blockbuster indictment of then-boss Andrew (Mush) Russo and the family hierarchy in September of 2021, is scheduled to plead guilty today.

DeMatteo, 68, who was a fugitive for a few days before he made his way back to Brooklyn, was snared in numerous meetings and conversations with Russo and other mobsters about the long-running extortion as well as the family's plan to steal $10,000 a month from the union's benefit funds, according to court filings in the case.

Teddy Persico, who was mistakenly accused of having succeeded his uncle, Carmine (Junior) Persico as boss of the crime family in FBI affidavits that prosecutors used to obtain search warrants and wiretaps during the investigation in 2020 and 2021, is scheduled to plead guilty next week.

The sources say that Persico's plea agreement includes charges of violating his supervised release restrictions by meeting numerous wiseguys following his release from prison in 2020. His attorney declined to discuss the issue, stating he would deal with that at his client’s scheduled appearance before Judge Gonzalez next week.

Sources say that three defendants charged with being part of the family's plan to embezzle $10,000 a month from Local 621's benefit plans — financial whiz Albert Alimena, a longtime Genovese family associate, as well as Ricciardo's girlfriend, Erin Thompkins, and union pension consultant Joseph Bellantoni — have agreed to a separate "global" plea deal with sentencing guidelines of four-to-10 months.

Lottery Lawyer Gets 13 Years In Prison For Mob-Tied $102 Million Ripoff Of Lottery Winners

Genovese wiseguy Christopher Chierchio and the self-described Lottery Lawyer Jason (Jay) Kurland each failed miserably two weeks ago in their seemingly ridiculous over-the-top longshot requests for no jail sentences for their roles in the $102 million ripoff of three mega lottery winners.

Kurland, the lawyer who earned more than $500,000 a year by promoting himself as an honest trustworthy attorney for suddenly rich clients who needed help in protecting their winnings, and argued that he and his family had suffered so much already that he deserved a non-custodial sentence, was the bigger loser of the unlikely duo.

Brooklyn Federal Judge Nicholas Garaufis sentenced the weeping lawyer to 13-years behind bars for teaming up with Chierchio and two other mob-connected "business partners" to "invest" his client's funds in companies Kurland owned and into very risky get-rich schemes that turned out to be Ponzi scams.

Garaufis ripped Kurland, 49, for acting like a petty "burglar" to line his pockets through conduct that was "grotesque and unfathomable for a lawyer." He also ordered him to serve three years of post-prison supervised release when he completes his sentence.

Kurland was convicted last year of wire fraud, bribery and money laundering for turning three lucky lottery-winning clients who won prizes of $1.5 billion, $245 million and $150 million into angry losers between 2018 and 2020 who took the witness stand to explain how they were fleeced by the smooth-talking lawyer.

Prosecutors also used the testimony of Kurland's business partners, securities broker Francis (Frank) Smookler and Frangesco (Frankie) Russo, the grandson of the late Colombo family boss Andrew Russo, as well as numerous taped talks and texts that the FBI obtained among the schemers to convict the Dix Hills attorney. Smookler and Russo await sentencing.

Chierchio, 54, who copped a plea deal before trial to wire fraud charges involving millions of dollars in Personal Protection Equipment deals that he made with money that came from lottery winnings that Kurland stole from his clients, was sentenced to five years in prison and three years of supervised release.

Chierchio's sentencing guidelines called for 78-to-97 months in prison but federal prosecutors in Manhattan, who handled the case due to a potential conflict of interest involving Kurland's lawyer and the Brooklyn U.S. Attorney's office, worked out a plea agreement with the late John Meringolo that called for a statutory maximum of five years in prison.

Garaufis ordered Chierchio to begin serving his sentence on September 13. The judge ordered Kurland, whose attorneys have filed a notice they are appealing his conviction and sentence, to self-surrender to his designated federal prison on October 18.

[Dr031718]

Vinny Basciano

[johnny_scootch]

"I could have killed him," Massino said. "They (Genovese wiseguys) wanted me to kill him and I gave him a pass. The West Side come to me when I was on the floor (of the Metropolitan Detention Center.) They said, 'You need help? We'll get rid of him.' I said, 'Let him go. Let him do what he's doing.'"

I wonder who it was that made this offer?

[DonPeppino386]

"I could have killed him," Massino said. "They (Genovese wiseguys) wanted me to kill him and I gave him a pass. The West Side come to me when I was on the floor (of the Metropolitan Detention Center.) They said, 'You need help? We'll get rid of him.' I said, 'Let him go. Let him do what he's doing.'"

I wonder who it was that made this offer?

Agreed. That is an interesting tidbit. His whole argument is interesting, though I doubt it works.

Thanks for posting, OP!

[OcSleeper]

Thanks for posting Dr03

"I could have killed him," Massino said. "They (Genovese wiseguys) wanted me to kill him and I gave him a pass. The West Side come to me when I was on the floor (of the Metropolitan Detention Center.) They said, 'You need help? We'll get rid of him.' I said, 'Let him go. Let him do what he's doing.'"

I wonder who it was that made this offer?

It was Bellomo.

[Tonyd621]

What does that mean in legal terms that the judge is considering what vinny gorgeous attorney has to say?

[Tonyd621]

It says Barney borello. Lol

[johnny_scootch]

It was Bellomo.

Thank you OC!

It says Barney borello. Lol

You'll find that kind of thing happens a lot because guys on the street don't use last names. You could know a guy for 20 years and have no idea what his last name is or you have an idea what it is because you heard it from a guy who heard it from a guy....Bellomo becomes Borello, Massino becomes Messina.

[furiofromnaples]

There are any chances for Basciano?

[Honk]

This seems like an interesting argument. If you felt like your life was at risk by not talking or lying to ‘the boss,’ I could see them potentially giving validity to the argument.

I’ll be curious to hear about it and if there’s past precedent.

[Amershire_Ed]

It was Bellomo.

Thank you OC!

It says Barney borello. Lol

You'll find that kind of thing happens a lot because guys on the street don't use last names. You could know a guy for 20 years and have no idea what his last name is or you have an idea what it is because you heard it from a guy who heard it from a guy....Bellomo becomes Borello, Massino becomes Messina.

In the Pistone book he said one of the very first rules Lefty Ruggerio taught him was to never learn, use, or remember anyone’s last name.

[jmack]

There are any chances for Basciano?

Not good, but it’s an interesting legal perspective.

[Browniety86]

Fuck Teddy Persico has did some time Jesus

[Amershire_Ed]

If that’s his most recent pic Vinny looks pretty good. There was a couple pics that came out earlier in the year where he seemed like he was really starting to age

[sharpieone]

It was Bellomo.

Thank you OC!

It says Barney borello. Lol

You'll find that kind of thing happens a lot because guys on the street don't use last names. You could know a guy for 20 years and have no idea what his last name is or you have an idea what it is because you heard it from a guy who heard it from a guy....Bellomo becomes Borello, Massino becomes Messina.

In the Pistone book he said one of the very first rules Lefty Ruggerio taught him was to never learn, use, or remember anyone’s last name.

Yeah I think it was during Massino’s testimony against Rom where they were bringing up Michael mancuso and massing said he never knew mancuso’s last name, only knew of him as “Mike the nose”