Gangland 12-16-2021

[Dr031718]

Feds Look to Lock Up Mafia Boss Again — With A Little Help From His Lawyer

Gang Land Exclusive!Andrew RussoColombo family boss Andrew (Mush) Russo has been home from jail just seven weeks, but the feds would like to see him locked up again — this time in a hospital.

Citing extensive medical records that his own lawyers used to win Russo's release, prosecutors have asked for a "competency hearing" to determine if the 87-year-old Mafia boss is able to assist in his defense. Before such a hearing can take place, however, Russo would likely have to spend a month, maybe more, in a confined hospital setting as doctors conduct neurological, psychological and other tests on poor Mush.

Since federal law is pretty clear that someone found mentally incompetent can be confined to a hospital for further examination for "a reasonable period of time, not to exceed four months," it's likely that Russo's defense team of Jeffrey Lichtman, Jason Goldman and Jeffrey Einhorn will argue that despite all his infirmities, Russo is competent to assist in his own defense.

It's also safe to note that getting locked up all over again is the last thing that Andy Mush, or any other octogenarian would want.

Theodore Persico Jr.But the feds are using the words of Russo lawyers main lawyer, Lichtman, who had "no objection" to the competency hearing, as their strongest evidence that the aging mobster is unable to understand what’s going on.

The competency hearing will be one of several issues on tap tomorrow at a hearing for all 14 defendants in the big Colombo case pending in Brooklyn Federal Court. The judge will also consider an intriguing speedy trial motion that lawyers for Colombo family capo Theodore (Skinny Teddy) Persico, a nephew of late boss Carmine Persico, are pressing. Persico, the heir apparent to Russo for the Colombo throne, is the only defendant apparently eager to get the show on the road. None of the other defendants have joined his motion to set a trial date. More on that below.

In their request to Judge Allyne Ross, the prosecutors wrote that the medical records submitted by Russo's attorneys suggest that he has a diagnosis of Alzheimer's disease. They are also citing letters from family and friends that include concerns over Russo's ability to recall information and his overall mental state.

Judge Allyne RossProsecutors cited letters from six Russo relatives and friends that he was a shell of his old self. One writer stated: "I have noticed signs of Dementia, which has progressively gotten worse." Another wrote Russo's "mental health has been declining as well."

In their court filing, prosecutors James McDonald and Devon Lash also noted that the Chief Magistrate Judge who released the mob chieftain on a $10 million bond on October 29, "had credited defense counsel's depiction of (Russo's) mental condition" and had voiced "her concerns" about Russo's current "health and mental status."

Since it is "reasonable" to believe that Mush was "mentally incompetent" and "unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense," they argued, Judge Ross should order a "competency hearing" to determine whether he would be able to understand the charges and assist in his defense.

In September, two weeks after his arrest, the prosecutors wrote, the defense team listed medical ailments for Russo that included "Alzheimer's, Dementia, (and) Sundowning syndrome," which refers to confusion about events spanning late afternoon and nighttime that seniors often suffer.

Jeffrey Lichtman"Mr. Russo can't remember our names, our visits or even what hospitals or prison he has been in over the last five weeks," Lichtman declared in an October 21 motion for bail, the prosecutors wrote. The lawyer also stated that Russo "was in severe cognitive decline" in his bail motion, and that he doubted his "competency to understand the criminal proceedings," they wrote.

And Lichtman "reiterated his concerns about (Russo's) competency" to Magistrate Judge Cheryl Pollak during his October 27 bail hearing, the prosecutors wrote:

"This is what I can report anecdotally," said Lichtman, "because we've actually seen the defendant multiple times. He doesn't remember our names or even that we visited him a few days prior," the lawyer continued. "He doesn't know what prison he's been [in]," said Lichtman noting that Russo stated he had been in the Metropolitan Correctional Center that "was shuttered months ago," not the federal lockup in Brooklyn where he had been housed.

"He can't help doctors with his medical history. Every facility writes he is an extremely poor historian," the lawyer continued, according to the prosecutors. "He doesn't even know where he is. If you asked him right now, and I wish you could, he couldn't tell you what borough he is in."

James McDonald"Defense counsel repeated throughout the (bail) hearing that the defendant's 'cognitive abilities have deteriorated so badly,' that the defendant was 'rapidly declining' and is unexpected to improve," wrote prosecutors McDonald and Lash.

As they did in the bail hearing with Judge Pollak, prosecutors argued that the defense medical team has not "fully substantiated" the basis "for their diagnosis of Alzheimer's disease and advanced dementia" and had not indicated "the severity or extent of (Russo's) mental condition, or the day-to-day impact of the impairments."

At a competency hearing, prosecutors argued, they would be able to follow the guidance on those issues that Judge Pollak laid out in her ruling. "She recommended that the government engage in their own 'independent, neurological examination or other psychological exam' to determine the validity and extent of the defendant's mental capabilities," they wrote.

The defense, they wrote, would be able to do the same thing, either with the same expert, or one of its own choosing. In either case, they wrote, the court would be informed today of their decisions in that regard. If they agree, they will name him-her; if they disagree, they will each name their own expert.

Joseph CorozzoWhat's less clear, but seems possible, according to Gang Land's efforts to decipher the statutes cited in the filing — neither side returned a request to shed any light on the matter — is that Judge Ross could confine Russo to a hospital for up to 30 days, and then extend the stay for 15 more days.

No matter how the competency issue plays out, Russo will spend the Christmas holidays on his estate in Glen Head.

That is not the case for Skinny Teddy, and eight others detained without bail, which is the main thrust of the motion by attorney Joseph Corozzo.

In the Persico filing, Corozzo wrote that the case doesn't qualify as "complex" since most of the counts in the indictment involved only two actual crimes. But even if it were a "complex case," Judge Ross should schedule a trial date in six months, Corozzo wrote, since all defense lawyers should be able to prepare for trial by then, especially since many of their clients, like his, have been incarcerated nearly three months.

Even in complex cases, the lawyer argued, the exclusion of speedy trial time must be "limited in time" and "reasonably related to the actual needs of the case."

Corozzo wrote that in March of 2008, five weeks after 62 defendants including the leaders of the Gambino crime family were arrested, the late Judge Jack Weinstein ordered the parties to "confer on how to split" the case "into groups for trials, and set dates for the first two trials," and he refused to delay them since many of the defendants were incarcerated.

The first trial in that case, Corozzo wrote, was scheduled to begin on June 9, four months after the arrests took place even though the case "involved a significantly higher number of defendants and a greater volume of discovery than (this) case."

Prosecutors haven't responded to Corozzo's motion, but they did agree with him about the level of discovery in arguing that Colombo soldier Michael Uvino and Bonanno soldier John (Bazoo) Ragano should remain jailed as dangers to the community. In asking Ross to keep them behind bars, they argued that their lawyers have plenty of time to review the evidence against them.

Yesterday, after this column was written, the attorney for consigliere Ralph DeMatteo, Gerald McMahon, joined the Corozzo motion to set a trial date, suggesting September 12, 2022, the Monday after Labor Day.

The Case Of The Two Mikes Has Gone To The Dogs

Judge Dora IrizarryThe case of Two Mikes, the Howard Beach duo who were arrested and jailed with Bonanno wiseguy Ronald (Ronnie G) Giallanzo nearly five years ago, has gone to the dogs. That turns out to be a good thing for one of their lawyers. But it's a bad thing for the Mikes, whose compassionate release requests are still pending before Brooklyn Federal Judge Dora Irizarry — 16 months later.

First the bad news for the Mikes, Michael Palmaccio, and Michael Padavano. As Judge Irizarry noted in a November 29 order, your motions are "sub judice and will be decided in due course." "Due course," in legalese means, "Whenever I get to it." That means it could be soon, which is unlikely, next year, or perhaps in 2023 for Padavona, whose release date is January 20, 2024.

Irizarry, who was a state prosecutor for 18 years and who's been a no-nonsense stickler-for-details judge for the last 18 years, issued her order on a brief request filed on Palmaccio's behalf by attorney Gerard Marrone. Except it was for the wrong Mike. Mike Palmaccio is represented by attorney Michael Hueston; Marrone is the lawyer representing Mike Padavona.

Michael PalmaccioIn a filing the next day, attorney Hueston informed Irizarry what she had missed: Marrone had confirmed with him that he "mistakenly" filed a letter on behalf of Palmaccio. Hueston added that despite the mix up, he, "appreciated" that his motion was "under consideration," noting that his client's release date was March 15, 2023.

Judge Irizarry has ignored Hueston's filing.

But last week Irizarry ripped Padavona's former doctor for "inappropriate(ly)" sending a letter to the court without copying all the parties. Worse, in the judge's book at least, the doctor failed to state that Padavona had "requested that such a letter be sent to the court." Perhaps she thought that the doctor, on his own, would get her address and send her a letter about a patient he hasn't seen in five years.

Michael PadavonaWhen Gang Land saw Hueston's letter, to be fair, it tickled our funny bone that Marrone, who's been representing Padavona for more than a year, had somehow written a letter on behalf of the other Mike in the case, whose last name also begins with the letter P. So we called him about it.

That's when the story went to the dogs, but wasn't really funny.

"It was a total clerical error," said Marrone. His secretary "went by the indictment and she typed Palmaccio instead of Padavona. It was just a quick letter," he continued. "I have so many motions that are still pending on Padavona that I wanted to gently remind the court that we're still waiting a decision because of all the frustration by Mike's family members."

Gerard MarroneMarrone said he would be filing another letter soon in the hope of winning Padavona an early release, as he winds down his law practice, which hit the skids last year during the Covid pandemic and has never recovered.

That's when Marrone, who "loves animals" reinvented himself, and he went to the dogs. Which turns out to be good thing, for Marrone. He bought three pet grooming shops on Long Island that had closed and opened up his own pet grooming business, Lucky Paws Pet Grooming, and it's doing "pretty good," he told Gang Land.

Marrone, who was shot in the early 90s and defied doctors who said he would never walk again, and often uses so-called "sweet science" phrases to discuss his dog grooming business, says it's had its "ups and downs" but, "you know, you get hit, you pivot, you punch back, and you do the best you can."

So really, Gerard, how's business? "Good." How Good? "I've got 14 stores all around the town," he said. Where? "I've got three in Queens, one in Manhattan, one in Bedford, and nine on Long Island. And that's luckypawsusa.com for your online readers."

Colombo Capo Nabbed In $25 Million Health Care Fraud

Thomas FareseFlorida-based Colombo capo Thomas Farese was promoted to acting consigliere ten years ago. The idea was he could help out in New York after family leader Andrew (Mush) Russo was arrested in the FBI's Mafia Takedown Day roundup. But the closest Farese is expected to get to the Empire State these days is the west side of the Hudson River, where he is currently the main defendant in a $25 million fraud scheme involving durable medical equipment.

Farese, 79, was charged last month with wire fraud, health care fraud and several related conspiracies involving a series of kickback schemes that took place in New Jersey and Florida. According to the indictment, Farese and his cohorts paid bribes in exchange for doctors' orders for durable medical equipment from companies that Farese owned or controlled in 2018 and 2019.

Farese, of Delray Beach, and Dominic Gatto, 47, of Palm Beach, had financial interests in several New Jersey companies that benefitted by funneling bribes to suppliers, according to acting New Jersey U.S. Attorney Rachel Honig.

The suppliers allegedly then used telemedicine companies to obtain medical equipment orders "without regard to medical necessity," according to the indictment.

The medical equipment companies owned by Farese and Gatto subsequently fraudulently billed Medicare, and other health care benefit programs for the cost of the equipment, Honig stated in a news release.

Reynold MaragniFarese and Gatto allegedly concealed their ownership of the companies by using straw owners who were falsely reported to Medicare as the owners of the companies.

Farese and Gatto have both pleaded innocent. They have been released on $700,000 bonds. The duo are also charged with money laundering as well as an offense that's a new one to Gang Land — conspiracy to violate the federal Anti-Kickback Statute, a charge that carries a five prison term. If convicted, they face 20 years on other charges in the 11-count indictment. They're due back in court next week.

Farese, who is related to the Persico family by marriage, was arrested by New York FBI agents in 2012 in the aftermath of their Takedown Day arrests when Colombo capo Reynold (Ren) Maragni flipped and snared Farese in a far-fetched money laundering scheme in which Farese mailed out two checks totaling $47,000 after Maragni gave $40,000 in cash to a Farese crony.

The court filings in that case show that Farese had been tape-recorded stating that Andy Mush had sent him a "message" that he wanted him to take "a position" in the family's Administration and that Russo also wanted to bring Dominick (Donny Shacks) Montemarano back from California to help shore up the weakened bourghata.

The feds got decent intelligence from Maragni. The money laundering case turned out to be a disaster though. Farese was acquitted. His codefendant Patsy Truglia, was convicted, but when it came time for sentencing, Judge Frederic Block gave him probation, agreeing with his lawyer's contention that Truglia was a merely a "patsy" in the case.

[Little_Al1991]

Joel Cacace should step up as the new boss of the Colombo Family

[Nurzhamba]

Joel Cacace should step up as the new boss of the Colombo Family

Are you serious?

[Sittite]

Why would anyone step up to take those reins????

[Rocco]

Joel Cacace should step up as the new boss of the Colombo Family

Lets start a new war. Psss I heard Joel Waverly and one of Orena's sons plan to grab control of the family with Mush and Teddy locked up ! lol

[Nurzhamba]

Joel Cacace should step up as the new boss of the Colombo Family

Lets start a new war. Psss I heard Joel Waverly and one of Orena's sons plan to grab control of the family with Mush and Teddy locked up ! lol

Members of the Colombo family, when they learned that another war was about to begin

[Dave65827]

Cape is like a year late on Thomas Farese getting arrested but better late than never

[OcSleeper]

I'm not sure if I missed it but did it ever come out when and why DiMatteo replaced Farese?

[Tonyd621]

The disparity on bail with Russo and Farese and the disparity in the amount of money they made jn their criminal endeavors...why are they wasting time extorting someone for 10k to get split half dozen ways when Farese is making millions

[Dr031718]

I'm not sure if I missed it but did it ever come out when and why DiMatteo replaced Farese?

OcSleeper no official time line that I am aware of. If I had to guess probably sometime after Farase’s money laundering bust

[Cheech]

Cape is like a year late on Thomas Farese getting arrested but better late than never

he'd rather tell Gotti stories from 30 years ago, him and Sammy should do a podcast together.

[Pogo The Clown]

I'm not sure if I missed it but did it ever come out when and why DiMatteo replaced Farese?

OcSleeper no official time line that I am aware of. If I had to guess probably sometime after Farase’s money laundering bust

Sometime around 2018-2019.


Pogo

[JohnnyS]

Thanks for posting.

[SonnyBlackstein]

Thanks for the post Dr.

[OcSleeper]

I'm not sure if I missed it but did it ever come out when and why DiMatteo replaced Farese?

OcSleeper no official time line that I am aware of. If I had to guess probably sometime after Farase’s money laundering bust

Sometime around 2018-2019.


Pogo

Thanks where was this mentioned?