Gangland News 8/27/20

[mafiastudent]

Corrupt Union Prez Scores A Huge Payday Thanks To Judge's 'Compromise Suggestion'

Gang Land Exclusive!

Vincent Fyfe, the grandson of the late Mafia Godfather Vincent (Chin) Gigante who broke ranks with his grandpa's powerful crime family and fingered Chin's son Vincent as an extortionist, was able to keep his $300,000 a year union post for two extra years thanks to the knowing help of the federal judge who took Fyfe's guilty plea back in November of 2012, Gang Land has learned.

Prosecutors wanted to notify officials of Local 2D of the United Food & Commercial Workers Union that their president was corrupt in early 2018 after they obtained a racketeering indictment against mob scion Vincent Esposito. Due to clever legal footwork by senior Manhattan Federal Judge Paul Crotty, however, they were never able to give the union a heads up, according to recently unsealed documents in the case.

Back in 2018, the government signaled its intention to notify the union, citing its obligations under the Crime Victims' Rights Act, about Fyfe's crimes. At that point, prosecutors Kimberly Ravener, Jason Swergold and Jared Lenow told Crotty, there was no longer any legal reason to keep that secret since Fyfe's undercover work had ended.

The prosecutors wrote that they would cushion the blow: They agreed not to inform the union that Fyfe began cooperating after his guilty plea, and would also "accommodate any safety concerns" that Fyfe had. They even, quite reasonably, agreed to receive his suggestions as to which local or international union official they should notify.

Not surprisingly, Fyfe's attorney objected, citing ongoing safety concerns. But in a May 4, 2018 letter to Crotty, the prosecutors questioned whether "Fyfe's real concern is that the Union will take adverse employment action against him once notified of his crimes," in other words fire him. That, the prosecutors wrote, was not "a legitimate basis for withholding notification to a victim under the CVRA."

In their filings, and in court, the prosecutors noted that since Esposito and codefendants, who included Genovese soldiers Frank (Frankie G) Giovinco and Steven (Mad Dog) Arena, had gotten the tape recordings that Fyfe had made for the FBI, they knew that he was cooperating but that no one else would, so there was no increased danger by privately alerting the union.

In his filings, and in court, lawyer Joseph Giaramita argued that his client was in danger already since Esposito and others who were "part of that case" have "been threatening my client for years and years" and "at the point it becomes public knowledge," other uncharged folks whom Fyfe tape-recorded "are going to have it in for my client."

Giaramita also disputed the government's contention that the union was a victim, arguing that if anything, it was a Fyfe co-conspirator. He also argued that since there was "no case law" involving any other U.S. Attorney's office invoking the 2004 CVRA to notify any victims about the crimes of a cooperating witness, the government was not under an obligation to do it now.

"With all due respect to the government," Giaramita told Crotty on June 6, 2018, "they're now saying this is the right time. I have all kinds of letters from them saying, 'We expect to conclude this in six months,'" the lawyer said, beginning in 2013. But he and Fyfe disagreed that the summer of 2018 was the right time, Giaramita argued.

Two weeks later, on June 20, assistant U.S. attorney Ravener confirmed Giaramita's claim there was no case law that addresses "what constitutes a timely manner" for disclosure under the CVRA but told Crotty that "our concern is that we would be out of compliance with the statute if we did not now make the notification."

As the prosecutor continued to detail the government's "concern," the judge interrupted her and said, "Let me suggest a compromise here."

"Why don't you make a motion to unseal the data because that will discharge whatever obligations you feel" and then "take whatever position you think is appropriate," to "make the disclosure" to Fyfe's victims, said Crotty. The judge stressed that he did "not want to tell the government what position you should take."

"But if you feel that you have an obligation under the Crime Victims' Rights Act," the judge continued, "make your application. Mr. Giaramita will oppose it, and I'll consider it. I'll get to the decision when I get to the decision. In the meantime, you've discharged your responsibilities and there won't be any disclosures."

After Ravener stated that she "appreciate(d) the Court's suggestion" and would "confer" with her superiors about the matter, Crotty said, "Okay," and pointedly stated to the defense lawyer: "Do you understand what we're doing, Mr. Giaramita?"

"I do, your honor," said Giaramita. "I do understand it."

For readers who haven't figured out what they "were doing," a month later, on July 17, the government asked Crotty for a "limited unsealing" of the "labor corruption crimes" against Fyfe so prosecutors could tell the UFCW about them and fulfill their CVRA obligations to "make their best efforts to see that crime victims are notified" about the offenses in a timely matter.

A month later, on August 24, Giaramita dutifully objected to the "limited unsealing." And two weeks later, prosecutors again asked Crotty for a "limited unsealing" with a proviso to "otherwise continue to maintain the Proposed Records, along with the remainder of the docket and records in this case, under seal."

Crotty, however, never got around to making a decision on the matter, as he indicated he wouldn't back on June 20, 2018 when he clearly stated: "and there won't be any disclosures." As a result, the case remained sealed. And since Local 2D, and the UFCW, were not notified that Fyfe was a crook, he was able to maintain his then-$300,000 a year union president job.

In fact, the "limited unsealing," which was supposed to take place in November of last year when Fyfe testified at the trial of Giovinco, never happened.

Crotty also rejected two motions by Gang Land to unseal the case against Fyfe even though prosecutors stated in their response both times that they had no objection to the unsealing. The case was unsealed last week by Judge Jed Rakoff, following a motion to reconsider by Gang Land.

As a result of Crotty's "compromise" suggestion, the UFCW and Local 2D were never notified that their union president had been a crook since 2005, and he earned $306,000 in 2018, when he would have earned about half of that, if Crotty had allowed the government's motion, and he'd been fired.

Last year turned out to be an even bigger bonus for the disgraced 47-year-old former leader of the 1600 members of Local 2D who work primarily in the liquor industry in the New York area. Fyfe earned $356,459 while representing them, to the best of his ability.

And we're sure he also did this year, until he was ousted and escorted from his Brooklyn office in March when the UFCW appointed international vice president David Young as a trustee to serve as Local 2D's interim president until an election can be held, as early as next month.

Fyfe, who pleaded guilty to embezzling union funds and accepting kickbacks from 2005 until he was arrested by the FBI in 2012, faces up to 11 years in prison for his crimes. But he hopes for a no jail term in return for his cooperation with the feds. His sentencing has not been scheduled.

Back on November 16, 2012, after he pleaded guilty, Crotty asked him if he had anything else he wanted to add. Fyfe stated: "Just that I appreciate the opportunity to be here to do my best to help the government in any way, shape or form that they need me to help them in. I'm proud of what I do for a living, of being a U.S. citizen, and I want to thank your Honor for your time today."

As it turned out, Fyfe would have a lot more than that for which to be thankful.

Editor's Note: Gang Land's taking a slide next week and hopes that no matter where you are or your station in life you have an enjoyable Labor Day weekend, and that you join us September 10 for some more real stuff about organized crime. In the meantime, keep reading. Different defendants and different judges doing different things in the next two items.

Genovese Wiseguy Won't Climb The Walls In His Manhattan Digs

Christopher ChierchioWe should all have it so rough as Genovese family soldier Christopher (Chris) Chierchio. Arrested last week in the massive $100 million Lottery Winners ripoff, Chierchio posted a bond of $3.4 million in property, including his wife's country home in the Catskills. When he asked the feds to expand his bail restriction so he could stay there while he awaits trial, they okayed it. But the judge in his case told him to forget about it.

So, instead of traveling to East Durham, NY, and spending half of his time at their spacious ranch style home on a 2-acre parcel of well-manicured land for the next year or so, as Chierchio usually does, he will have to deal with the still virus-threatened city and the reverberating street noise that invariably finds its way into his humble abode from the city streets that are somewhat quieter now due to the COVID-19 shutdowns, but still don't sound anything like country crickets.

Jason KurlandBut don't feel too bad for the 52-year-old wiseguy. His bail restrictions allow him to spend time in all five boroughs. So he can also hang out in Staten Island, where he and his wife Lisa have a large 4800 square foot home on a quiet cul-de-sac in the Annadale section, which is only a 20 minute ride from the plumbing company he owns and operates in Midland Beach.

And getting around the city streets, which are more crowded than they were a few months ago when the COVID-19 pandemic rode into town, or getting over the Verrazano Bridge and through the Battery Tunnel to travel from one borough to another won't be a problem either. Chierchio's got a roomy Cadillac Escalade with a full-time chauffer behind the wheel.

And if Chris is feeling a little under the weather, or the weather outside isn't just right, and he decides to stay home, it's not so bad. "He lives in a luxury building in Manhattan, which is equipped with multiple swimming pools, a staff of attaches for personal errands, a fitness center and a climbing wall," according to the feds, who've been keeping their eyes and ears on him lately.

He "spends tens of thousands of dollars monthly to support his lavish lifestyle" that includes "yacht club fees, private flights and jewelry" on top of the $11,000 a month rent he pays for his pretty fancy Manhattan digs, say Brooklyn federal prosecutors Andrey Spektor and Lindsay Gerdes.

The prosecutors declined to finger which of several luxury buildings that Gang Land located online that feature pools and rock climbing walls that Chierchio calls home these days. His usually outspoken attorney, Gerald McMahon, wasn't helpful on that score either.

"I haven't been invited there yet," said McMahon. "But I'm betting he's not climbing the walls, or on the climbing wall, wherever it is," the lawyer cracked. "He's too busy running his successful plumbing business."

The lawyer knows more than a little about the plumbing business. Two years ago, Chierchio was accused of state bid-rigging charges for obtaining a $1.8 million contract for the plumbing and sprinkler system work for his company, RCI Plumbing, in the construction of a luxury building in Park Slope in 2016. He was acquitted at trial last year.

Chris and RCI plumbing were also linked to shady million-dollar deals in recent years with fellow Genovese wiseguy Salvatore (Sallie D) DeMeo and Colombo soldier Giovanni (John) Cerbone, although Chierchio was not charged with a crime in either caper. In 2014 DeMeo deposited $1 million in RCI's bank accounts to avoid capital gains taxes from the sale of property he inherited. A year later, Cerbone allegedly used RCI to launder $250,000 in drug money.

But Chierchio — like his fellow schemers, "Lottery Lawyer" Jason (Jay) Kurland, former securities broker Francis Smookler and Frangesko (Frankie) Russo, the grandson of acting Colombo family boss Andrew (Mush) Russo — has raked in so much cash, the prosecutors say, that Chris is getting tired of the plumbing business.

The prosecutors wrote that the Chrch Group, a "Chierchio entity that received most of the stolen money" that Kurland lifted out of accounts of three lottery winners cited in court filings, received deposits of $1.4 million from one victim, $7.25 million from a second, and "at least $15.5 million from another."

s"Chierchio purports to be employed running a plumbing business," wrote Spektor and Gerdes, "but appears to have spent most of his time on fraud-related activity. He told one of his assistants on a June 2020 call, 'Just shut the fuck up and get us out of this plumbing business already.'"

Chierchio wasn't the only defendant to receive a terse, one word denial of his request to ease his bail restrictions from Brooklyn Federal Judge Nicholas Garaufis. The judge, who reversed a decision by Magistrate Judge Lois Bloom to release Russo on $2 million bail, also turned down a much more modest "travel" request from Kurland.

The Lottery Lawyer had sought permission to drive to Somerset, NJ with his wife last weekend to watch his three children play in a soccer tournament. As they did with Chierchio, the prosecutors okayed the trip. But Garaufis wouldn't.

"DENIED," he wrote.

Benny The Blade Gets Bad News From Brooklyn

Battista GeritanoFor Battista (Benny the Blade) Geritano, it's been nothing but bad news of late, or maybe, make that worse news. Sentenced to 78 months in federal prison last year, he was then returned to state lockup to complete the 12 year sentence he got for a brutal Brooklyn barroom stabbing back in December of 2012.

Earlier this year, the Second Circuit Court of Appeals upheld the six and a half year term that Brooklyn Federal Judge Sterling Johnson had given him, noting that Geritano had waived the right to appeal any sentence that was less than ten years when he agreed to plead guilty to sending threatening letters to his old lawyers rather take his chances at trial in federal court.

And two weeks ago, Benny got similar bad news about the guilty verdict in the stabbing case. Brooklyn Supreme Court Justice Laura Johnson denied Benny's motion to vacate his conviction for a "multitude of confusing filings" that included errors by his attorney and the trial judge and what she called an "astounding" claim of "actual innocence" that was backed up by a Bronx hoodlum the Blade met in federal prison last year.

As a result, Geritano, 47, will remain in state prison — he's at the Five Points facility in Romulus, NY — until at least 2024 before he begins serving his federal prison time.

In state court, Judge Laura Johnson offered a pretty withering assessment of most of Geritano's innocence claims: They were, Johnson wrote, either "unsworn, unsupported, refuted by documentary proof, contradicted by court records, or internally inconsistent, and under all the circumstances, do not merit holding a hearing because there is no reasonable possibility that they are true and/or they do not meet the threshold for a hearing on a claim of actual innocence."

All of Benny's claims in his pro se filings, the judge added, were refuted by the trial testimony as well as the 25 second video of the skirmish in the anteroom of the club's exit in which The Blade can be seen holding a knife in his hand.

Benny's "actual innocence" claim, according to the judge's ruling, was based on an affidavit from Jason Polanco, "who occupied the cell next to (Geritano) at the Metropolitan Correctional Center for several months in 2019 to 2020." Polanco claimed that he was the culprit who stabbed the patron at the Club Nouveau in Bay Ridge, Nunzio Fusco, who had punched Geritano out after he confronted Fusco's girlfriend.

It just so happened, Polanco stated, that he "was caught in the middle of a fight" in the "early morning hours of December 23, 2012" when he saw a man in a "black" shirt (Benny) get punched in the face and knocked down "nearly unconscious" by a guy in a "white" shirt (the stabbing victim) "who then proceeded to hit Polanco," Johnson wrote.

At that point, according to the judge's narrative, Polanco stated that he "stabbed him, and tried to slash his face, but "I was not successful in doing so because he blocked it with his hand." Then, the story goes, Polanco hid in a restroom when cops arrived and managed to sneak out the front door "a bit later" with a woman who became so upset about what had happened that they "never saw each other again."

"Polanco's admission to the stabbing was cost free" because the 29-year-old hoodlum was "serving a 76-year sentence for shooting two police officers in the Bronx," Johnson noted. She pointed out that while Polanco recalled "which participant in the fight wore black and which white," he had no info about the woman "who had supposedly accompanied him" to Brooklyn that night.

"Polanco's affidavit," Johnson wrote, "borders on the miraculous that defendant would encounter the real perpetrator of the crime in a neighboring cell seven years later, in a federal prison." The judge added that neither Polanco nor Geritano explain when "the two of them came to realize that, astoundingly, defendant had been housed next to the real perpetrator of the stabbing."

Benny's still writing letters, but at least they're not poison pen letters these days. Instead, he's now writing pro se motions to Judge Sterling Johnson to set aside his federal conviction on a variety of constitutional grounds. Prosecutors have panned them as legally insufficient. The judge hasn't ruled on them yet, but it's unlikely that he will find any fault with Geritano's guilty plea.

[AnIrishGuy]

Thanks for posting mafiastudent

[SonnyBlackstein]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

[Tonyd621]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

I second this motion.

[JohnnyS]

thanks for posting, ms

[Alex_727]

Any details on what Gambino crew Geritano was associated with? Thanks.

[slimshady_007]

Any details on what Gambino crew Geritano was associated with? Thanks.

Last I remember reading he was with Nicky Corozzo’s crew.

[AntComello]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

[Hired_Goonz]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

People who get things like that handed to them their whole life aren't grateful, that's the whole thing. If you don't work/struggle for something, you'll never actually appreciate it.

[AntComello]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

People who get things like that handed to them their whole life aren't grateful, that's the whole thing. If you don't work/struggle for something, you'll never actually appreciate it.

Good point

[SonnyBlackstein]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

People who get things like that handed to them their whole life aren't grateful, that's the whole thing. If you don't work/struggle for something, you'll never actually appreciate it.

Agree

[Fughedaboutit]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

it is called, he is a pussy lol

[AntComello]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

it is called, he is a pussy lol

Lol shit If had that opportunity I would hand over that 10k with a smile lmao

[Fughedaboutit]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

it is called, he is a pussy lol

Lol shit If had that opportunity I would hand over that 10k with a smile lmao

Sounded like a great gig imo, I mikght kick in an extra 5k at christmas lol

[Philly d]

Thanks for posting.

$300k a year and this fuck wouldn’t kick up ten grand to his cousin. “Proud of what he does”.
If the Westside ever went back to clipping rats, this guy would be a good start.

All he had to do was kick up that 10k and keep his mouth shut and he would have a 300k a year job...i wonder if Esposito and him have some sort of personal family beef. I mean the guy only got that job because of his grandfather so you would think he would be grateful.

it is called, he is a pussy lol

Lol shit If had that opportunity I would hand over that 10k with a smile lmao

Sounded like a great gig imo, I mikght kick in an extra 5k at christmas lol

Agreed!