Gangland news 7th December 2017

[Hailbritain]

By Jerry Capeci

Feds To Sic Latest Turncoat Wiseguy On Skinny Joey

Gang Land Exclusive!Peter LovaglioIn a surprise move, federal prosecutors in Manhattan will showcase their latest Mafia defector at the racketeering trial next month of Philadelphia mob boss Joseph (Skinny Joey) Merlino, Gang Land has learned.

The new cooperating witness is Peter (Pug) Lovaglio, a violent, hard-drinking Bonanno capo who blinded the owner of a Staten Island sushi restaurant in a vicious unprovoked barroom assault two years ago. Lovaglio is currently doing eight years for the incident in which he smashed a cocktail glass into his victim's eye.

In court papers, prosecutors say Lovaglio will team up with John (J.R.) Rubeo, another controversial mob turncoat who tape-recorded hundreds of talks with scores of gangsters, against Merlino and Genovese capo Eugene (Rooster) Onofrio, the only defendants who haven't copped guilty pleas in the 46-defendant case.

Joseph MerlinoLovaglio, who began cooperating with the feds last year, was not implicated in any crimes with Merlino or Onofrio. But he "interacted" with both mobsters before he flipped, according to the government filing, and will testify about his dealings with them and the "status" the duo maintained in the so-called East Coast LCN Enterprise from 2010 until last year.

Merlino, 55, and Onofrio, 75, are both accused of the same overall crime — racketeering conspiracy. But they are not charged with involvement in any of the same criminal activity in a revised six count indictment. Merlino is charged with illegal gambling and health care fraud; Onofrio is charged in a separate illegal gambling count, loansharking, and cigarette bootlegging.

The Manhattan U.S. Attorney's office obviously hopes Lovaglio's testimony helps bring a successful conclusion to the huge case that has been snakebit ever since it disclosed an internal investigation into misconduct by two FBI agents who worked the case. The agents had supervised Rubeo during the five years he used his close ties to powerful Bronx-based capo Pasquale (Patsy) Parrello to tape record dozens of suspects from New York to Florida.

There have been other changes to the case as well: The five prosecutors who disclosed the existence of the FBI investigation to defense lawyers in March have since been replaced. The new team includes assistant U.S. attorney Max Nicholas, who told state prosecutors that same month that Lovaglio had given "valuable and extensive assistance" to his office on the day before he was sentenced for his assault conviction.

John RubeoThe prosecutor's intercession was no help to Pug on Staten Island. The District Attorney's office recommended the maximum eight year sentence he faced, and the judge obliged.

But Nicholas and co-prosecutors Lauren Schorr and Andrew Chan are already working hard to soften the landing in Manhattan Federal Court for both of their troublesome star witnesses. In a filing with Judge Richard Sullivan on Friday, they disclosed that Lovaglio, 56, and Rubeo, 41, have each admitted "several physical altercations with domestic partners" over the years. The prosecutors argued that this information is "inflammatory" though, and should not be disclosed to jurors in the case.

The prosecutors wrote that each witness admitted "the incidents of domestic violence" when asked about the subject, and they argue that since "the incidents are not among the acts for which the witnesses received immunity" from prosecution, they "have no bearing on the truthfulness" of either witness and "would serve solely to inflame and distract the jury."

In their filing, called an in limine motion, in which the government sought to limit the defense tactics at trial, the prosecutors do not name Lovaglio, or Rubeo, using CW-3 and CW-1, respectively, to refer to the duo.

Eugene OnofrioIn a bit of a surprise, prosecutors will not call the undercover FBI agent who was introduced into the investigation by Rubeo, and who served as Rooster Onofrio's driver for two years. That agent, who was not a subject of the FBI's Office of Professional Responsibility (OPR) probe, taped numerous talks with Onofrio. Sources say he also got Merlino on tape at least once, at the December 2014 Christmas party that Patsy Parrello hosted at his popular Bronx eatery, Pasquale's Rigoletto.

But prosecutors say they will call the two FBI "case agents" who supervised Rubeo from November of 2011 until August of 2016, when the indictment was unsealed, to the stand. They will testify about "the methods that the FBI used in the investigation and the physical evidence" that was seized, the prosecutors wrote.

Without naming the agents, the prosecutors noted that one, William Inzerillo, was suspended for five days for failing "to timely generate and upload several investigative reports" during the probe, while the other, Joy Adam, who retired in September, was absolved of any wrongdoing.

Pasquale ParrelloAsserting that the FBI probe "did not concern whether Agent-1 or Agent-2 had lied" and that the OPR findings, even the negative one against Inzerillo, "do not reflect that either of them was untruthful in any way," the prosecutors asked Sullivan to preclude any defense "fishing expedition" inquiries about the internal probe.

That would lead to a "sideshow" that "would lengthen the trial and distract the jury from the issues that are being presented for a decision," they wrote.

Onofrio, who has been an enigma since day 1 of the case, is another surprise in what the parties expect to be a three-to-four-week long trial.

Sources say Rooster, who had refused to even consider generous plea deals that were being offered in May, finally decided to cop a plea deal before Thanksgiving, even though he would have had to plead guilty to racketeering charges calling for a maximum exposure of 57 months. The racketeering charges were dropped for the 43 defendants who accepted plea offers in the early going — reducing their sentencing guidelines by about 15 months.

But after all that, sources say Onofrio stalked out of court rather than admit to being a Genovese mobster, as the government prosecutors had insisted.

Judge Richard SullivanGang Land expects lawyers for Merlino and Onofrio, whose replies are due by mid-December, to contest all the government's in limine motions, and to ask Sullivan to prevent prosecutors from playing some tapes, including one in which Skinny Joey and Rooster are heard discussing t how easy it would be to kill someone — since violence in not alleged in the indictment.

Meanwhile, sources say Staten Island-based mobsters and associates from several crime families, in particular the Bonanno and Gambino clans, fear that the government's decision to unveil Lovaglio in the coming weeks, means that the shoe is about to drop on them for other things that Pug has told the feds about.

In March, prosecutors Nicholas and Elizabeth Hanft told the Staten Island DA's office that "Lovaglio provided information in a detailed and clear manner on a wide range of topics" and that "has allowed this Office to initiate several significant investigations and to obtain material information on existing investigative targets."

Lovaglio has also "made consensual recordings of, and proactively interacted with and gathered information from, individuals whom this Office believes to be violent," they wrote, noting that "his assistance has directly resulted in a significant law enforcement seizure of weapons in Staten Island."

In addition, Nicholas and Hanft wrote: "Lovaglio has also participated in debriefings with this Office during which he has provided historical information and investigative leads into past, recent and ongoing criminal activities committed by specific individuals, including activities that involve violence, corruption, and fraud affecting Staten Island and (other) communities."

Feds Retract Plot To Kill Prosecutor; Still Want 15 Plus Years For Asaro

Vincent AsaroFederal prosecutors in Brooklyn have owned up to making a big mistake six months ago: crediting a jailhouse snitch who fingered Bonanno wiseguy Vincent Asaro for plotting to kill a prosecutor who had failed to convict him for the spectacular $6 million Lufthansa Airlines robbery but was trying to put him behind bars for arson.

The stool pigeon was unreliable, they stated Monday. Even so, they still want a federal judge to hammer the 82-year-old Asaro for torching the car of a Queens motorist.

In a two-paragraph mea cupla, prosecutors wrote that they recently "discovered" info that "cast doubt" on the snitch's "reliability." And they are no longer seeking to enhance Asaro's arson sentence for plotting to kill prosecutor Nicole Argentieri, as they had argued when they won Asaro's detention in May. But the longtime gangster still deserves "in excess of 15 years," they wrote.

Nicole ArgentieriProsecutors Lindsay Gerdes and Keith Edelman pointed to their sentencing memo that details his road-rage arson, and his alleged 1969 "murder of a young father that haunted the victim's family for decades," a killing for which Asaro was acquitted, and asked Judge Alynne Ross to give Asaro a prison term that will now be four times greater than his new sentencing guidelines.

There's no doubt that if Judge Ross decides by a preponderance of the evidence that she heard and saw at his 2015 trial that Asaro and Jimmy (The Gent) Burke killed the young father, Paul Katz, and that they both took part in the daring Lufthansa heist, she could give him 20 years behind bars — and likely be upheld on appeal.

There was compelling testimony about the Lufthansa robbery by Asaro's cousin, Gaspar (Gary) Valenti. Two mob turncoats testified about stolen jewelry from the robbery that Asaro sold to a Gambino soldier and other jewelry he gave to his mob boss. There also were several taped conversations between Asaro and his cousin that tied him to the crime.

As the prosecutors noted in their sentencing memo, Asaro didn't wonder what Valenti was talking about on June 15, 2012, when he mentioned the death a few days earlier of Henry Hill, and said: "He's one less left of Lufthansa."

Asaro & Valenti, circa 1984The conversation continued:
Asaro: Fuck him. Cocksucker.
Valenti: He made a big thing like he was there with us.
Asaro: Yeah.
Valenti: Fucking scumbag.
Asaro: Piece of shit.

It didn't make the government memo, but a taped conversation between the cousins in 2011 also seemed to make that point: "We never got our right money, what we were supposed to get, we got fucked all around," Asaro told Valenti. "Got fucked all around, that fucking Jimmy (Burke) kept everything."

And in addition to Valenti's testimony about the murder of Paul Katz, and the remains that the FBI dug up exactly where Valenti said they would be, Judge Ross heard Asaro's son Jerome say he "assisted persons in moving the body of that person" to a new location between 1984 and 1986 "to prevent the apprehension of the individual who committed the murder." Judge Ross sentenced Jerome Asaro to 90 months.

Ross can't sentence Vinny Asaro to life, as she would have if he had been found guilty of Katz's murder in 2015, but she could give him 20 years, or 15 years, as prosecutors have asked — even though Asaro's recommended prison term for the arson, which was 41-to-51 months, will be lowered to 33-to-41 months.

When Asaro pleaded guilty in June, Ross stressed that the sentencing guidelines in his plea agreement were only "advisory" and that she could sentence him to 20 years.

Judge Alynne RossThe government's letter has put a scheduled sentencing hearing, at which Asaro lawyer Elizabeth Macedonio had planned to contest the jailhouse informer's obviously very tall tales, on hold, while she decides whether to contest any other government assertions.

Whatever prison term Asaro receives, he will get credit for the 22 months he spent behind bars as he awaited trial for the Katz murder and the Lufthansa heist, and another nine months for the time he's served since his arrest in March.

That means, in words that longtime gambler Asaro is very familiar with, it's a crap shoot. On sentencing day, he could roll a seven, and walk out of court a free man like he did back on November 15, 2015. Or snake eyes, and settle in for a longer stretch behind bars.

Ask Andy: Manny Gambino Kidnap Fiasco

Andy PetepieceA rookie mistake by 81-year-old career criminal Henry Sentner 10 weeks ago — getting stopped for speeding on Interstate 80 in Wyoming in a rental car with 35 pounds of marijuana on board — brought to mind the murder of Jimmy McBratney that John Gotti is said to have committed for Carlo Gambino on May 22, 1973 to avenge the kidnap-murder of Don Carlo's nephew Emanuel.

There's no question that Sentner killed Gambino's nephew Emanuel and collected a ransom from his widow. And that the late Mafia boss killed McBratney in Snoope's Bar & Grill on Staten Island, very likely for Gambino. But McBratney had nothing to do with Manny Gambino's murder, and Carlo Gambino knew it.

A year earlier, Sentner, who used his full name, Robert Henry Sentner back then, was in deep trouble. He owed $80,000 to Emanuel Gambino, his employer, and Manny was demanding his money. After reading that drug dealer Vincent Papa had been arrested carrying a suitcase filled with $976,450 in cash, Sentner decided to kidnap Papa's son Vincent Jr. for ransom to solve his debt problem with the impatient Gambino, and enlisted three cronies to pull it off with him.

Henry SentnerThe plan went awry on May 18, 1972, however. After Gambino picked up Sentner, who had promised payment in full, Sentner shot Gambino and killed him. Sentner later told police that he asked for time to pay his debt, but Gambino said no, and threatened him and his family. That's when Sentner pulled out his gun, which went off accidentally when Manny hit his arm and the weapon went off, striking him in the head, killing him instantly. Sentner's gambling debt became the least of his problems.

When Sentner told his cohorts what happened, they quickly decided to drop the Papa kidnap idea and extort Manny Gambino's wife, figuring she'd pay a good ransom not knowing Manny was already dead. To make sure Gambino's body wasn't found, he buried Manny in Colt's Neck, New Jersey in a four foot deep hole in woods opposite the Earle Naval Ammunition Depot. He then drove Manny's late model Caddy to Newark Airport and left it there.

Five days later, on May 23, 1972, Sentner wrote a threatening ransom note to Gambino's wife, Daine, demanding $350,000. On Carlo Gambino's advice, Mrs. Gambino contacted the FBI, and agreed to have another son, pay a $60,000 ransom. Several days later, Manny's brother threw the bag of money into a gully on the Palisades Interstate Parkway where it was retrieved by Sentner and two buddies. They were observed grabbing the cash, but FBI agents feared for Gambino's safety, and did not apprehend them as they drove off in a van.

Jimmy McBratneyFrom then on, things went badly for Senter, and his accomplices, John Kilcullen, William Solin, and John Harrington. The FBI linked the van to Sentner, lifted his fingerprint from the driver's side window of Gambino's blood-stained car, and arrested him. Handwriting analysis also proved that Sentner had written the ransom note.

In December, Sentner was indicted on kidnapping and other charges by a federal grand jury in Brooklyn. Fearing a life behind bars, Sentner rolled over and gave up his cohorts.

As part of the deal, Sentner told authorities where Gambino's body was buried. The case received extensive coverage in the city's newspapers when his body was dug up in January, and in February and March of 1973, when Sentner (He was sentenced to 15 years.) and his accomplices pleaded guilty to various charges in the murder of Gambino and the extortion of his widow.

Months later, Jimmy McBratney, who was a member of a ring that was kidnapping Mafia figures for ransom, was killed by Gotti and two others. Many news accounts claim that the McBratney hit was in revenge for Manny Gambino's death. It's pretty clear that Carlo Gambino ordered the hit. But it's very clear it had nothing to do with Manny Gambino's murder.

[Fughedaboutit]

Man the feds are grasping

oseph MerlinoLovaglio, who began cooperating with the feds last year, was not implicated in any crimes with Merlino or Onofrio. But he "interacted" with both mobsters before he flipped, according to the government filing, and will testify about his dealings with them and the "status" the duo maintained in the so-called East Coast LCN Enterprise from 2010 until last year.

Ummm what? He is gonna testify that he met Joey before but can point the finger at any crimes? Oh okay...

[moneyman]

Interesting to see how this is going to play out. Lovaglio knows Merlino via Brad Sirkin, but the Onofrio connection seems like a bit of a stretch.

[Chucky]

Lovaglio is there to identify Merlino as an LCN boss to the jury, nothing more. If they believe him, then it's a win for the feds.

[JeremyTheJew]

interesting that Roosters hold up for not taking the plea was he didnt wanna admit that he was a Genovese memeber....

the boss even admitted that he was! suprised that bothered him..

[UTC]

Disgrace that Sentner was not killed.

[Teddy Persico]

interesting that Roosters hold up for not taking the plea was he didnt wanna admit that he was a Genovese memeber....

the boss even admitted that he was! suprised that bothered him..

Bellomo probably would of reacted the same way if he wasn't facing life in prison. Onofrio is only looking at 10 or so years at trial in a faulty case. He was reluctant to plead guilty from the start.

[SonnyBlackstein]

Onofrio is only looking at 10 or so years at trial in a faulty case.

10 years for a 75yr old is a fucking hell of a long time.
I'm 38 and to lose ten years would be a fucking huge sacrifice at my age. At 75 it's almost a life sentence.

[Teddy Persico]

Good point, but would you find it easier to risk 10 years at 75 and possibility die in prison or risk a definite life sentence at 39?

[SonnyBlackstein]

Good point, but would you find it easier to risk 10 years at 75 and possibility die in prison or risk a definite life sentence at 39?

Sofie's choice.

The real question is whether a 75yr old should've taken a 12-18month plea or risk ten years at trial.

Not so much a sofie's choice.

[SonnyBlackstein]

"In a bit of a surprise, prosecutors will not call the undercover FBI agent who was introduced into the investigation by Rubeo, and who served as Rooster Onofrio's driver for two years. That agent, who was not a subject of the FBI's Office of Professional Responsibility (OPR) probe, taped numerous talks with Onofrio. Sources say he also got Merlino on tape at least once, at the December 2014 Christmas party that Patsy Parrello hosted at his popular Bronx eatery, Pasquale's Rigoletto."

I'm surprised no ones picked up on this.

This is huge IMO.

The Feds are putting on the stand two wife beating CW's, one who deleted his recordings and the other who took an ex cops eye out and they won't put a squeaky clean Federal agent who was undercover and served as the main witnesses driver for two years on the stand?
What, the fuck?

This absolutely baffles me and MUST be a gift from above for Onofrio.

I'd love a good reason for this absolute left fielder.

[Teddy Persico]

Good point, but would you find it easier to risk 10 years at 75 and possibility die in prison or risk a definite life sentence at 39?

Sofie's choice.

The real question is whether a 75yr old should've taken a 12-18month plea or risk ten years at trial.

Not so much a sofie's choice.

He was facing 57 months, not 12-18.

My point was that risking a life sentence at 75 is different than risking a life sentence at 39. Onofrio is old and is close to death anyways, so ultimately he's only looking at about 10 years in prison either way. Bellomo would of had to live the second half of his life in prison before dying. If dying in prison was a real concern for Onforio, he probably would've retired by now. It's why a guy like Matthew Madonna is still ordering murders in his 80s.

[SonnyBlackstein]

Onofrio is close to death?

I don't know why you keep comparing his situation to a hypothetical Bellamo conviction. I don't know what you're talking about.

My only point was Onofrio (and Merlino) should've plead out IMO.

[dack2001]

At this point given Lovaglio's track record i would bet he would say just about anything to get out from under his eight year state court sentence. I bet he woke up one day, read the paper in the county jail protective wing and saw these two guys were going to trial and "just remembered" that he had been introduced to them as leaders in the bullshit east coast enterprise. The sad thing is that Lovaglio's agents and the prosecutors probably know he's a serial liar trying to get out from under but simply want Merlino more than keeping their integrity.

[Cheech]

Onofrio got a bad heart.