John 'Buster' Ardito affidavit September 2003 (notes)

[chin_gigante]

On 3 September 2003, FBI Special Agent William Inzerillo of the Genovese squad prepared an affidavit in support of an application to continue intercepting the oral communications of a variety of target subjects, the most prominent being John ‘Buster’ Ardito. This was the seventh affidavit as part of the investigation submitted in front of District Judge Barbara S Jones of the Southern District of New York, the first having been approved on 31 December 2002.

Inzerillo sought to continue intercepting conversations at four restaurants: Brunello Trattoria, Agostino’s Restaurant, and the Marina Restaurant in New Rochelle, and Mario’s Restaurant in the Bronx. Prior to the 3 September affidavit, communications had been intercepted through listening devices planted under tables in the four premises. However, in this affidavit, Inzerillo laid out his intention to use a cell phone carried by Ardito as a listening device. In addition to capturing conversations at the four restaurants, this would also enable the FBI to intercept conversations Ardito had at a variety of other locations which were noted in the affidavit as ‘impractical to specify’.

The target subjects were suspected of engaging in criminal activity including racketeering violations, the extortion of restaurants and construction companies, and loansharking. Ardito specifically was also suspected of involvement in Genovese family interests in the state of Connecticut. Anthony Ascenzia Jr, a made member, was described in the affidavit as an individual involved in Connecticut operations who reported to Ardito.

To substantiate allegations of criminality, Inzerillo cited information from testimony of members and associates at racketeering trials, evidence gathered from prior applications, and confidential sources.

Confidential source 1 (CS-1):
CS-1 was a source who provided information about Genovese family members and associates including the target subjects. CS-1 was aware that Ardito, Peter Peluso, Michael Doris, and others met regularly at a variety of locations to discuss business. In July 2003, the source advised that Ardito, Peluso, and Doris also met on several occasions at La Grotta Trattoria in Yonkers, near where Ardito’s daughter lived. In addition, Ardito was known to carry his cell phone at all times and regularly used it. CS-1 had overheard some of the subjects’ meetings but wasn’t privy to the full scope of the discussions and refused to wear a wire or testify over fears of his own safety.

Other confidential sources (CS-2, CS-3):
CS-2 observed target subjects meeting at Mario’s Restaurant but wasn’t able to overhear conversations. CS-3 provided information about one meeting at Agostino’s Restaurant but wasn’t personally present for it. No other confidential sources were available. An undercover agent was able to overhear parts of a conversation at one restaurant, but his continued presence would raise the target subjects’ suspicions.

Prior to filing the first affidavit, physical surveillance was carried out to confirm the target subjects’ presence at the four restaurants. This was conducted by FBI Special Agents as well as NYPD detectives sworn in as Special Federal Officers. Inzerillo summarised some of the observations made by the surveillance teams during this period.

18 July 2002:
Peter Peluso drove from his residence in the Bronx to Ardito’s home. From there, they went to Agostino’s Restaurant.

12 August 2002:
Ardito was observed meeting with Anthony Guido. Ardito, Peluso, and Michael Doris then drove to Knuckleheads Restaurant in Pelham Bay. After this, the three went to Agostino’s.

13 August 2002:
Ardito and Peluso met Joseph Salcito and Daniel Murphy at Arturo’s Restaurant in Queens. Salcito was a former union representative and Murphy a delegate for Local 15 of the International Union of Operating Engineers.

27 August 2002:
Anthony Guido met Ardito at Ardito’s residence in Queens.

9 September 2002:
Ardito, Peluso, and Doris went from Agostino’s to Ultimate Auto in Eastchester where they met with Frank Salerno.

12 September 2002:
Peluso and Ardito went from Brunello Trattoria to Pasquale’s Rigoletto in the Bronx.

26 September 2002:
Peluso met Louis Moscatiello at Pelham Bay Brokerage for a walk and talk. Peluso then went with Ardito to Buona Notte Restaurant (controlled by Matthew Ianniello) on Mulberry Street.

22 October 2002:
Ardito and Peluso went to Mulino’s Restaurant in White Plains to meet with Louis Gigante. Inzerillo described Louis as a Genovese associate, the son of Mario Gigante and nephew of Vincent Gigante. Later in the day, Ardito and Peluso visited Pasquale’s Rigoletto. Then, they headed to a McDonald’s on Philip Avenue and East Tremont Avenue across the street from Peluso’s residence. Lawrence Dentico (described by Inzerillo as a member of the ruling panel) met with Ardito and Peluso at the McDonald’s and they had a discussion for approximately an hour.

28 October 2002:
Ardito and Peluso met at Pasquale’s Rigoletto. Ardito later had a meeting with Dentico at Rino’s Restaurant in the Bronx. Ardito and Dentico then went to Spoto’s Restaurant where they met again with Peluso.

30 October 2002:
Ardito and Peluso went to Mulino’s, waited for somebody who apparently didn’t show up, and left.

15 November 2002:
Ardito and Peluso met at the McDonald’s across from Peluso’s house. Ardito then met Vincent Russo at Ardito’s daughter’s house in Yonkers. Ardito, Russo, and Peluso met at the Franella Trattoria Restaurant in Eastchester.

13 December 2002:
Ardito, Peluso, and Russo met at Ardito’s daughter’s house.

16 December 2002:
Ardito, Peluso, and Doris met at the Parkside Restaurant (owned by Anthony Federici) in Queens. Ardito, Peluso, and an unidentified individual were later seen at Louis Seafood in the Bronx.

19 December 2002:
Ardito met with an unidentified male at Pasquale’s Rigoletto.

On 31 December 2002, Judge Jones first gave approval to intercept conversations had by Ardito and others at Brunello Trattoria in New Rochelle. In his 3 September 2003 affidavit, Inzerillo did not lay out much in terms of information gathered after this initial investigative period, but he did summarise a few details.

6 January 2003:
While at Brunello Trattoria, the target subjects discussed the need to meet at other restaurants because they believed their conversations there were being monitored. Peluso suggested Spoto’s in the Bronx and Francesco’s in New Rochelle. Doris was concerned about the prospect of bringing heat to Agostino’s Restaurant. Ardito expressed his belief that law enforcement had technology to monitor conversations from two miles away. That same day, physical surveillance observed Ardito and Peluso at Pasquale’s Rigoletto then at Fiorino Jewellers, where they met Gerald Fiorino.

22 January 2003:
Physical surveillance observed Ardito and Peluso at the offices of Drs George and Jeffrey Shapiro in Eastchester. Based on intercepted conversations from around the time, Inzerillo believed Ardito and Peluso went to the doctor’s office to meet or attempt to meet Mario Gigante (described by Inzerillo as a Genovese soldier). Ardito and Peluso then went to Pasquale’s Rigoletto.

31 January 2003:
Judge Jones approved an application to continue intercepting conversations at the Brunello premises. That same day, Peluso was observed meeting Jerry Fiorino at Fiorino Jewellers.

3 March 2003:
Judge Jones approved an application to continue intercepting conversations at the Brunello premises, while also expanding the order to allow interception at Mario’s Restaurant and Agostino’s Restaurant.

22 March 2003:
Physical surveillance observed Ardito and Dominick Cirillo (described by Inzerillo as the former acting boss) at the Sea Shore Restaurant in City Island.

April to June 2003:
On 2 April, Judge Jones approved an application to continue intercepting conversations at Brunello, Mario’s, and Agostino’s. On 16 May, Jones gave authorisation to continue at the three restaurants while also permitting surveillance at the Marina Restaurant. On 18 June, Jones again approved an application to continue intercepting conversations at all four restaurants.

18 June 2003:
At the Brunello, Ardito told Michael Doris about a loansharking issue with Vinny Russo. Ardito didn’t want to meet with Russo anymore because Russo owed ‘Manny’ money. Ardito was glad that Manny came to him to talk about Russo’s debt rather than complaining to anyone else. Ardito and Doris talked about Dr Robert DiMateo, described by Inzerillo as a doctor under investigation for submitting false Social Security claims on behalf of Pasquale Parrello’s brother Neil. Peluso arrived and told the others about a conversation he had with Dom Cirillo. Peluso quoted Cirillo as saying, ‘If that’s what he wants to do, that’s what I’ll do.’ Peluso was asked to explain and said that Cirillo was probably talking about Larry Dentico. Peluso mentioned going to see someone who ‘made us look bad’ getting his legs broken. Ardito talked about getting control of a machine back. Inzerillo believed this conversation was regarding messages from Cirillo and Dentico regarding Ardito’s attempts to control interests in Connecticut. Later, the subjects discussed the Parrello brothers, ‘Salerno’ (possibly Fat Tony), and Frank Costello. Ardito noted that Costello was dead.

19 June 2003:
At Mario’s, Ardito and Peluso talked about ‘Joey C’, with Ardito noted that he was ‘getting 10%’ by shaking people down. Ardito mentioned Guido. Peluso talked about Joseph ‘Joey Blue Eyes’ Santapaolo, ‘Stevie’, and another ‘kid’ before saying ‘they killed him’. The man who was killed was somebody’s husband and after killing him ‘they’ gave information about it. Doris arrived and mentioned Lucchese soldier Thomas Gelardo being on the payroll of Dr Jude Barbera, possibly as a no-show job. Ardito believed the job was a way for Barbera to repay a loansharking debt to Gelardo. Ardito, Peluso, and Doris mentioned prison visits. Peluso stated that next week, he and John Mitchell would visit Bobby Manna (described by Inzerillo as a high-ranking soldier). Peluso said Dom Cirillo and Ernest Muscarella (described as a captain on the ruling panel) ‘were consulted’ about this visit. John Mitchell was also Muscarella’s lawyer. Muscarella told Peluso that Manna knows ‘where the money is.’ Later, Peluso mentioned Louie Moscatiello brought up how somebody lied three times in front of Muscarella’s son (possibly stepson Biagio Nicchia). Peluso stated if Liborio Bellomo was out of prison there would have been consequences for the person who lied. While at the table, Ardito spoke with the owner of Mario’s Restaurant on his cell phone. They discussed how John Paladino borrowed money from ‘Joe’, a friend of the owner. Vito DiSalvo (Genovese soldier) was ‘godfather’ of the loan and was given $10,000 by Paladino. Ardito said he would set up a meeting between Paladino and ‘Joe’. Ardito also noted there were two Paladinos and one would get blamed for what the other did. Ardito said it was crazy to give out $250,000 in a loan, describing how Patsy Parrello got ‘beat’ for $250,000. Ardito said an Albanian (possibly Abish Lajqi) was involved. Ardito had been approached in the past about helping Parrello put money out on the street, but he refused. Ardito told Parrello’s wife not to go to Paladino for money or else she would go to jail. Ardito believed Paladino and DiSalvo were possibly cooperating. Ardito called DiSalvo a ‘nickel and dime hustler’ and didn’t want to get involved with him because he didn’t trust him.

20 June 2003:
At Agostino’s, Ardito and Vinny Russo discussed the money Russo owed Manny. Ardito wasn’t returning Manny’s calls, and Russo acknowledged he had been paying him slowly. They then discussed benefit stamps for union employees. Russo asked if Peluso had seen Mario Gigante, and Ardito said Muscarella wanted to get a message. They discussed how Russo was associated with the Gambino family and wanted to be transferred to the Genovese family so he could be with Ardito. Ardito had to speak with Anthony Megale (described by Inzerillo as a Gambino captain), possibly regarding this situation. Ardito described talking ‘to the big guy’ and mentioned Muscarella and what Muscarella wanted. Ardito spoke about ‘wrapping the whole thing up’ and how they were called ‘has-beens’ in a dispute within the Genovese family over Connecticut. Peluso arrived and said he was going to visit Bobby Manna next week. Manna’s sister had called Peluso. Ardito said Muscarella passed a message through Biagio Nicchia. Peluso was present when Muscarella gave the message to Nicchia and complained that Nicchia got the message wrong. Peluso then told Ardito his recollection of the discussion with Muscarella. Ardito said he ‘doesn’t understand Quiet Dom.’ Peluso said Cirillo and Dentico were always close. Peluso wanted to tell Cirillo and Dentico, ‘This is what he wants, what can I do.’ Inzerillo believed these messages from Muscarella were regarding Connecticut. Ardito stated that Muscarella knew there was a rat in the family. Ardito thought the rat was with Pasquale DeLuca (described by Inzerillo as a Genovese member with interests in Connecticut). Peluso said they needed proof about the rat and spoke about going to Bellomo for help. Ardito said, ‘He needs two good guys.’ Peluso stated that Salvatore Larca was a good guy and asked about Michael Zanfardino. Ardito mentioned Vincent ‘Vinny Ocean’ Palermo. Peluso and Ardito discussed whether there was a ‘boss of bosses’ and Ardito mentioned Joseph Bonanno.

21 June 2003:
At Agostino’s, Ardito met with his girlfriend and Peluso. Ardito mentioned that the FBI had visited Tomas Terracciano and asked him about giving money to Patsy Parrello’s wife. The FBI asked Terracciano if he and Dennis ‘Duke’ Marks cashed cheques for doctors. Agents also asked Ardito if he had taken over for Parrello. Ardito stated he believed there was going to be another pinch. They then discussed cash chequing and associate Roger Bombace. Ardito threw Bombace out of Pasquale’s Rigoletto and believed he was the one who told the FBI that Ardito took over for Parrello. Bombace also likely told the FBI that Terracciano was Parrello’s partner. Terracciano and Marks got shares of the cash chequing scheme and were ‘shitting their pants’ about it. If Terracciano had Bombace cashing cheques for him, then the FBI likely knew about the scheme. Later, Peluso stated he advised Terracciano to say nothing to the FBI. ‘If you lie, it’s a crime, so it’s better not to say anything.’ Peluso thought the FBI could flip Duke Marks. The conversation turned to messages sent from Ernie Muscarella. Peluso stated Muscarella needed to send two more notes and it was a ‘chance he has to take.’ Muscarella and Louie Moscatiello sent problems to Larry Dentico. Ardito said, ‘Larry’s time will come.’ Peluso said Dentico must have thought Muscarella was going to prison for fifteen years. Peluso recounted a conversation between Muscarella and Moscatiello. Moscatiello said something was ‘99% certain.’ Muscarella said, ‘He’s a captain and he’s not being taken down.’ Moscatiello told Muscarella he’d have a tough time telling Dentico that. Muscarella replied, ‘Who the hell is Larry?’ Peluso told Muscarella that Scop DeLuca was lucky and Muscarella replied, ‘He’s just acting, he’s not made yet.’ Peluso said Muscarella would be better off making Arthur Nigro a captain. Inzerillo believed this was in reference to the dispute in Connecticut. Ardito stated that Muscarella was on his way to a meeting when he got pinched. Ardito mentioned Federico Giovanelli (described by Inzerillo as a captain).

23 June 2003:
At the Brunello, Ardito met with Michael Doris and John Pistone. Ardito brought Doris up to date on the FBI’s visit to Tomas Terracciano. Agents didn’t ask about stolen wine in the basement of Pasquale’s Rigoletto given to Terracciano by cooperating witness Gino Ottomanelli. Ardito had warned the doctors above Pasquale’s Rigoletto to be careful to pay taxes on the cheques they cashed. They discussed whether Pasquale’s Rigoletto was bugged. Ardito said he was ‘taking care of Pat’s business’ and identified Terracciano, Thomas Franco, and Nicholas DeVito as participants in the cash chequing scam. Ardito thought he would be arrested over the scam but stated the government wouldn’t get him on and tapes. Doris believed Roger Bombace was facing a gun charge and though Terracciano was the most likely to flip. Ardito talked about the money owed by John Paladino. Paladino only owed ‘Joe’ a small sum and paid back Vito DiSalvo for arranging the loan. Somebody had previously told Ardito, ‘I know about you being the boss of Connecticut.’ Ardito said he didn’t know what the guy was talking about. Ardito recalled, ‘They’ve been saying we’re has-beens. A couple of them come out, I’ll show them what kind of has-beens we are.’ Ardito talked about Steven Aiello, who had disappeared. Aiello was the son of a civilian employee of the NYPD and testified as an alibi witness for Victor Mirdita, who was acquitted of killing Patsy Parrello’s son. Ardito believed agents were looking to find Aiello. Ardito mentioned Michael D’Urso and said he was ‘a piece of shit compared to the guy from Jersey who cooperated from Sam the Plumber’s crew.’. Ardito says in 1974, ‘They opened it up and made everybody.’

26 June 2003:
At the Brunello, Ardito, Peluso, and Doris again discussed Terracciano and the investigation into the cash chequing scam. The conversation moved to Anthony Megale, with Peluso saying Ardito needed to put Megale in his place. Peluso said that Scop DeLuca must have told ‘him’ something. They discussed George Barone flipping. Ardito mentioned Muscarella and sounded upset. Ardito talked about a conversation he had with Dom Cirillo. Peluso mentioned Vincent Basciano. Later, they discussed Muscarella’s statements and his legal problems.

27 June 2003:
Physical surveillance observed Ardito and Dom Cirillo at the Sea Shore Restaurant.

30 June 2003:
At the Brunello, Peluso said Ralph Coppola should have got his cousin to watch his back and protect him.

1 July 2003 (Marina)
Ardito, Doris, Peluso
At the Marina, Ardito, Peluso, and Doris discussed how the FBI went to see Dominick Colasuonno, owner of Prime Check Cashing in Westchester. Physical surveillance later observed Ardito and Peluso meeting Terracciano at Pasquale’s Rigoletto.

3 July 2003:
At the Marina, Ardito mentioned that lawyer Anthony Mangone would bring messages back and forth from Patsy Parrello in prison. Ardito, Peluso, and Doris talked about how they expected another pinch to come down in the next week over the cash chequing scam. If Roger Bombace gave the government more information, they could flip Terracciano. Bombace also knew about bookmaking. Ardito stated that Terracciano didn’t know anything. While at the table, Ardito and his girlfriend put phone numbers from his pocketbook into his cell phone so he wouldn’t have to carry the book with him every day.

9 July 2003:
Ardito, John Paladino, Genovese associate ‘Al the Electrician’, and another individual were at Agostino’s when they discovered the listening device under the table. After this, they went to the Marina, checked under the table and found the listening device there as well. FBI agents then removed the devices from the Brunello and Mario’s before they could be discovered. In the days following this, physical surveillance observed the target subjects at the restaurants searching near their tables in all four restaurants for devices. Following the discovery, Inzerillo believed the only conceivable way to continue intercepting Ardito’s communications was to utilise his cell phone as a listening device.

16 July 2003:
Physical surveillance observed Ardito, Peluso, Doris, and an unidentified individual at the Marina.

22 July 2003:
Ardito and Doris were observed at Agostino’s.

4 August 2003:
Ardito, Peluso, and Doris met at the Brunello.

11 August 2003:
Ardito, Peluso, and Doris were observed meeting at Doris’ boat at the marina in New Rochelle.

20 August 2003:
Ardito, Peluso, John Albanese (described as ‘a member of Ardito’s crew who lives in Florida), and two unknown males met at Agostino’s.

25 August 2003:
Ardito met with Al the Electrician at Doris’ boat.

While not mentioned in Inzerillo’s summary of the investigation, also identified as target subjects were Albert Facchiano, Richard Servidio, Andrew Ribustello, Philip Buono, Dominick DeVito, Ronald Cacciatore, Pat Simone, John LaMagna, and Gus Curcio.

[chin_gigante]

The affidavit itself can be found here:

viewtopic.php?t=3770

[Cheech]

Fantastic

[Blunts]

Thanks for posting this Chin. Appreciate your posts.

[Cheech]

This guys like 80 years old all over the place. Nuts

Also interesting bobby manna still getting visits and involved in some way

[Dr031718]

Great work as always Chin

[Southshore88]

Thanks for posting. Agreed about Manna getting visits and being looped in. Wondering how long that went on for

[Tonyd621]

Andrew Ribustello is the actor that played on the sopranos towards the end of the final season as Tony's driver. The guy who said if he lived another life he would choose home health care or something. Don't know if it's the same guy, but I mean...cmon now...art imitates life.

[Pmac2]

There's the quote I've been looking for June 23 2003 at the very bottom ardito states "in 1974 they opened it up and made everybody" just some ammo for the arguments about when the books were opened. Lol

[Pmac2]

Yaeh that's funny during those couple years the genovese really had these old fucks running the family. Mario Gigante, ardito,dentico Matty the horse all these guys were in 70tys and 80tys. There literally just going one restaurant to the next daily doing all types of crimes and scams. Union shit. Just crazy how powerful these old guys were. Fighting over the state of Connecticuts rackets at a bar pub in the bronx. Interesting

[Pmac2]

Did the feds actually turn arditos phone into a roving bug. I forgot I think they did he went on a boat and they picked up a conversation with the phone. I remember reading after this case wiseguys would take the battery out of there cell phones when going places or having sitdowns

[AntComello]

In 2003 they found bugs hidden under the table. Now 2023 I bet the bug could be right in front of their face and they still wouldn’t be able to find it lol