Gang Land 08/17/2017

[gohnjotti]

This Week in Gang Land
By Jerry Capeci

Parole Commission OKs Parole For Mob Boss — When He's 116

The moribund U.S. Parole Commission seems determined to make sure that mob boss Carmine (Junior) Persico does what then-U.S. Attorney Rudy Giuliani famously declared most of the mobsters convicted in the historic Mafia Commission case would do after they were hit in 1987 with unprecedented 100-year prison terms for labor racketeering: "Die in prison."

The Parole Commission, Gang Land has learned, made that pretty clear this month when the 84-year-old Persico showed up for a scheduled "mandatory parole" hearing and was told that, unlike any other inmate in the history of the federal prison system, he would need to serve 66 years behind bars — not 30, as the Commission's guidelines state — before he gets his hearing.

Persico and his lawyers appeared on August 2 for a hearing that would have required his parole, his lawyers say, because there was no "reasonable probability" he would commit a crime if released and because he had committed no serious or frequent rules violations since he was imprisoned in February of 1985. Federal parole was abolished in 1987, but the Parole Commission still holds sway over Persico and 955 other inmates convicted before then.

"They knew they were going to lose, so the government pulled another dirty trick on Carmine," said attorney Mathew Mari. "They refused to give him a 30-year mandatory release hearing they had scheduled by recalculating his hearing date in a devious and vicious way to try to make certain he will die in jail for a nonviolent crime while murderers are set free every day."

For more than two years, the Commission had denied Persico a mandatory parole hearing even though he had served more than 30 years behind bars, as required by its rules. But on March 27, it finally agreed that he was entitled to one, according to court records and Parole Commission documents provided by Mari and co-counsel Anthony DiPietro.

Over the next four months, the lawyers said they became confident they would prevail at the hearing as they spoke by phone and exchanged letters and emails with officials of the Parole Commission and the Bureau of Prisons (BOP) and prepared their case.

"Carmine's been a model prisoner for a long time and we knew they had no evidence indicating that he would commit a crime if he got out because they told us their evidence consisted of what prosecutors had submitted to the court back in 1987," said Mari.

But as soon as Persico and his lawyers sat down in the hearing room at the federal prison hospital in Butner, North Carolina, the hearing examiner let Persico and his lawyers know that the four days they spent in Butner with Persico preparing for the hearing was a complete waste of time.

"He said, 'I don't know whether you received this,' and gave us a letter dated July 13 that is addressed to no one and signed by no one that voided the mandatory parole hearing," said Mari. The hearing had previously been authorized by Commissioner Charles Massarone.

"Of course we didn't receive it," said Mari. "No one sent it to us or Carmine. Even his case manager at Butner told the examiner Persico didn't receive the letter." Quoting the case manager, Mari added, "He said, 'Mr. Persico never got it. I know how important this hearing is for him. If he had gotten this I would have walked it over to him.' They knew they were going to lose. Their solution was to stop the hearing from taking place."

The "letter" is actually an unsigned one-page memo from the Parole Commission saying the hearing was voided because the BOP had determined that, based on the computation of prison sentences under the pre-1987 laws, Persico's maximum release date isn't until 2051, which would constitute two thirds of his 100-year prison term.

Persico's stated mandatory release date of 2051 is accurate, but it seems irrelevant since the key yardstick that triggers a mandatory parole hearing, according to the U.S. Parole Commission manual, is serving 30 consecutive years in prison, even for inmates sentenced to life in prison before 1987.

Under the heading, "Mandatory Parole," the manual states that a prisoner "shall be released on parole after completion of two-thirds of each consecutive term or terms, or after completion of 30 years of each term or terms of more than 45 years (including life terms), whichever comes earlier," so long as the inmate is not barred from release by any other reason.

Despite numerous phone calls and emails to the Parole Commission over the last two weeks, Gang Land was unable to learn whether Commissioner Massarone had reversed himself, or if a colleague, Patricia Cushwa, or Commission Chairman Patricia Wilson Smoot, had done so, and on what basis the original decision was voided. Public information officer Jim Bacchus assured us that someone from the Public Affairs office would respond to our queries, but no one ever did.

Perhaps they've got more pressing things on their minds these days. Unless Congress proposes and passes legislation, and President Trump signs it, and funds the agency, which had a $13.3 million budget this year, the Parole Commission will cease to exist on November 1 of next year.

As for Persico, if you haven't done the math, he would have to live longer than anyone else in Gang Land has ever done before to survive his prison term. He'd have to make it to the very ripe old age of 116.

The Parole Commission's ruling is just the latest bump in the road for Persico, whose recent appeals in Manhattan Federal Court and the Second Circuit Court of Appeals have been shot down, mostly on technical grounds, in the last two years. As Gang Land has reported, since 2015, his lawyers to no avail have unearthed many 1970s and '80s FBI documents and other court records that strongly question Persico's conviction, and establish that he did not commit several murders that Giuliani's prosecutors pinned on him at his sentencing.

But Persico and his lawyers say they are in it for the long haul.

"We will not stop fighting until Mr. Persico is released," said Mari.

Patricia CushwaThey plan to appeal Persico's losses in Manhattan Federal Court and the Second Circuit Court of Appeals to the U.S. Supreme Court, but their main focus now will be to try and reverse the Parole Commission's decision to deny Persico a mandatory parole hearing.

If the Commission won't budge, Mari and DiPietro are researching whether to file papers against the Parole Commission's actions in federal court in Washington D.C. or whether to seek redress against the BOP in Federal Court in North Carolina. Or both.

They want Persico to achieve the same relief after 32 years that Luchese wiseguy Christopher (Christy Tick) Furnari, the only other still-living member of the 100-year club, got after 28 years in prison in 2014 — a chance to spend the last months or years of his life at home with his family.

Even if Persico manages to go home to his bride of 65 years, his kids, his 15 grandchildren, and seven great-grandkids, it won't make a liar out of the former U.S. Attorney.

"Realistically," Giuliani said 30 years ago, "most of them will die in prison." So far, five have: Anthony (Fat Tony) Salerno, Antonio (Tony Ducks) Corallo, Gennaro (Jerry Lang) Langella, Salvatore (Tom Mix) Santora, and Ralph Spero.

As for Persico, he's still trucking.

Waterfront Watchdog Chases Mob-Connected Workers Off The Docks

The Waterfront Commission has been busy policing the New York and New Jersey docks. This week, it prevented two relatives of convicted labor racketeers with one mob family from getting high-paying jobs, and it bounced a veteran longshoreman off the piers for his close ties to mobsters from two other crime families.

On Tuesday, the Commission rejected the application of Anthony Battaglia, the son of Genovese wiseguy Salvatore (Sally Hot Dogs) Battaglia, for a maintenance job after an Administrative Law Judge (ALJ) found that Anthony had "associated" with his old man and with Colombo soldier Gary Gugliaro while the trio were members of a scandal-tarred bus drivers union a decade ago.

The Commission also found that Battaglia committed "fraud, deceit or misrepresentation" by not acknowledging on his longshoreman application that he had ties to the mob through his father and Gugliaro during the years before Sally Hot Dogs was convicted in 2008 of extortion and accepting bribes while he was president of Local 1181 of the Amalgamated Transit Union.

The elder Battaglia, 70, spent about four years in prison after his conviction. Anthony, 48, has no criminal record, but the Commission found that he "represented a danger to the public peace or safety" on the Staten Island piers because of mob ties established at a hearing before the ALJ.

Samuel Manganella, a 25-year-old grandson of Vincent (The Vet) Aulisi, a longtime Genovese associate and the convicted former president of Local 1235 of the International Longshoremen's Association, withdrew his application as a checker after the Commission charged him with several violations involving improper associations with organized crime figures. Checkers, who earn about $165,000 a year, are essentially clerical longshoremen. They often work in a booth or trailer with pen, paper and hand-held computer.

Rather than contest charges that he "associated" with three Luchese family gangsters and that he had "falsely stated" that he had no contact with his grandfather while he was serving an 18-month sentence for labor racketeering, Manganella withdrew his job application, said Waterfront Commission Executive Director Walter Arsenault.

Also on Tuesday, the Commission revoked the longshoremen's privileges of Joseph Ferdico, an ILA member since 2014, for associating for years with two Staten Island-based mobsters — Bonanno soldier Anthony Calabrese and Luchese capo John (Big John) Castellucci.

The Commission bounced Ferdico, 37, after an ALJ found at hearing that he had worked for Calabrese from 1999 to 2006 as a DJ at a Staten Island club that the mobster owned, earning about $100,000 for his work, which he failed to disclose to the Commission.

The ALJ also found Ferdico associated with Castellucci, a convicted mobster awaiting trial in White Plains Federal Court on racketeering charges along with 18 other Luchese mobsters and associates. He did so while managing an auto body shop across the street from where Big John owned a cigar store, according to evidence at the hearing.

Ferdico bought cigars in Castellucci's store and Big John brought his car to Ferdico's body shop for repairs and also had Ferdico's personal cell phone number.

Like Manganella and Anthony Battaglia, Ferdico has no criminal record but because he failed to disclose his interactions with both Calabrese and Castellucci, the Commission found that Ferdico was "a danger to the public peace or safety in the Port of New York."

Losing a $145,000-a-year job stinks, but at least Ferdico does have other options that the Waterfront Commission has no say about.

Feds Used Undercover G-Men In Takedown Of Luchese Family Leaders

Robert Spinelli, a mob associate who once plotted with others to murder a turncoat capo's sister to send a message about the peril of working with prosecutors, isn't the only cooperating witness in the monster racketeering and murder case against 19 Luchese family gangsters, Gang Land has learned.

In addition to Spinelli, sources say federal prosecutors have three other witnesses who wore FBI wires to tape-record conversations during a five year-long investigation that led to the indictment in May of the crime family's top leaders and soldiers on a slew of charges.

As Gang Land disclosed last week, Spinelli, 54, began cooperating in 2012 — five years after his release from prison for conspiring with others to murder Patricia Capozzalo, the sister of Peter (Fat Pete) Chiodo, in an ultimately failed effort to persuade him not to testify at the racketeering and murder trial of Luchese boss Vittorio (Vic) Amuso.

Capozzalo was shot outside her Brooklyn home after dropping her two kids off at school, but survived.

Many of the Luchese defendants, including the accused family "street boss," Matthew (Matty) Madonna, underboss Steven (Stevie Wonder) Crea, and his son, Steven (Stevie Junior) Crea Jr., a reputed family capo, are detained without bail as they await trial in White Plains Federal Court.

The sources say that the FBI also introduced several undercover agents into the investigation. As with the undercover G-man in last year's monster indictment of 46 mob-connected defendants linked to five crime families, the agents played the role of a buttlegger, selling cases of "untaxed cigarettes" to some of the defendants that were passed off as "hot" stolen merchandise.

As Gang Land also reported last week, during a bail hearing for Crea Jr., prosecutor Scott Hartman did not mention Spinelli's involvement in the Capozzalo shooting, but did cite the 1992 murder plot as evidence the Luchese crime family is willing to silence not only turncoats, but their relatives. The hearing resulted in the continued detention of Crea Jr. without bail as he awaits trial.

Sources say Spinelli wore a wire until 2017, tape-recording hundreds of hours over six years, a much longer period than any of the other cooperating witnesses that the FBI used during the investigation that included the 2013 murder of longtime Luchese associate Michael Meldish.

But the sources say Spinelli, contrary to what Gang Land reported last week, did not tape-record any conversations with Crea Jr. The sources also say that Spinelli may not be who Hartman was referring to when he said the government has a witness "who will testify, based on firsthand knowledge, that Crea Jr. was personally involved in planning the murder of Meldish."

In addition to Crea Jr., his father, and Madonna, soldier Christopher Londonio and mob associate Terrence Caldwell are also charged with the murder of Meldish, the onetime leader of a violent 1970s gang of drug dealers from the Bronx and East Harlem known as the Purple Gang. Like Crea Jr., the other four are also detained as they await trial, for which no date has been set.

The next scheduled status conference in the case is in September.

[SonnyBlackstein]

Interesting, there are two other as yet undisclosed rats in the Lucchese case.

In addition to Spinelli, sources say federal prosecutors have three other witnesses who wore FBI wires to tape-record conversations during a five year-long investigation that led to the indictment in May of the crime family's top leaders and soldiers on a slew of charges

Spinelli, Joseph Foti being the two disclosed.
Spinelli and Foti not being made, be interesting to see who the others are.
Each passing week appears the case is mounting against the defendants.

It's an overreach and scary that government institutions can judge, convict and sentence outside the rule of judicial law now. From Judges sentencing basis on what they think, not what juries have convicted on, to Parole boards ignoring mandatory rules and regulations because they don't 'like' a prisoner to Waterfront bodies sacking and preventing from employment members of society who haven't committed a crime but due simple 'association'. Literal 'guilty by association'. I love it how the commission cited Battaglia jnr ineligible basis partly on having 'associated', with his... father. How do you get around that.

Thanks for the post Gohn.

[Fughedaboutit]

Man the govt is vindictive.

Without Persico being released how will we get another Colombo war on the streets!

[Rocco]

Vincent (The Vet) Aulisi the former president of Newark local 1235 had a son(cousin Eddie) who had a no show job there until he was busted with his buddy the former president Tommy L from the last major bust there. The Vet, his son and Tommy L all went down for about 2-5yrs each. They are all out now. The Vet's son Eddie was picked up on a wire tap talking to Mikey Cigars their Westside handler discussing the Xmas Container bonuses that the workers were suppose to kick back to the westside to keep favorable jobs on the port. Mikey Cigars could be heard telling the younger Eddie Aulisi(The vets son) that the former president has to stop trying to get his relatives jobs there because the Westside was saving those positions for their family members and friends. That fucking local is so hard to get into. I tried when I was in my 20s to get in and couldn't. And I had family connections to higher ups in there . Still couldn't get in ! lol. The Westside still clearly holds sway there and are able to put relatives and friends in positions there so they can control the union. Its pretty incredible that they are still able to control that union even AFTER 9/11 and the all the security measure that were put in place down there. Granted they don't control everything like they did in the 60s ad 70s..but they get their guys in there. They have hand picked all the Local Presidents for the last 50yrs ! The feds and waterfront commission had pics of Eddie Aulisi grill up food and mowing his lawn in Flemington while he was suppose to be at work as a checker earning like $200k a yr. lmao.

[Pogo The Clown]

I wonder if Gary Gugliaro is related to former Capo Vinny Gugliaro?


Pogo

[DPG]

I mean for buying cigars and repairing a car tho?

[SonnyBlackstein]

I mean for buying cigars and repairing a car tho?

Correct. Joke.

[UTC]

It is a disgrace, Sonny. This shit would never work legally outside of that little world.
Rocco, 1814 had a number of guys like that too. Look after their apartment buildings instead of weighing.

[TommyNoto]

amazimg how the WS has been able to hold into port rackets and it would be interesting to know how lucrative it really is today given a lot of the thieving and xmas $ is gone but I'm sure they figured out new and more complex scams that are more white collar in nature .

My friends there have said they have been kicking out a lot of Italians the last 10 years but that strike almost certainly involved WS admin sending a message