UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 

UNITED STATES OF AMERICA

 

SALVATORE SCIANDRA,
 a/k/a "Sal,"

RALPH FERRUSI,
a/k/a "Ralphie,"

CHARLES HOLLAND,
a/k/a "Charlie,"

ANTHONY CAPORALE, a/k/a "Muzzi,"

VINCENT CARAVELLO,

MILDRED SCARPATI, and

MARGARET SCIANDRA,

 

 

INDICTMENT 02 Cr.

 

02 CRIM. 76S

 

Defendants.

 

 

 

COUNT ONE

Conspiracy to Transport And Sell Stolen Property

The Grand Jury charges:

1.   From at least in or about May 2000, up to and including in or about September 2000, in the Southern District of New York and elsewhere, SALVATORE SCIANDRA, a/k/a %Sal," RALPH FERRUSI, a/k/a "Ralphie," and CHARLES HOLLAND, a/k/a "Charlie," the defendants, and others known and unknown, through SCIANDRA's association with the Gambino Organized Crime Family, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to commit an offense against the United States, namely, to violate Section 2314 of Title 18, United States Code.

 


2.   It was a part and an object of the conspiracy that SALVATORE SCIANDRA, a/k/a "Sal," RALPH FERRUSI, a/k/a "Ralphie," and CHARLES HOLLAND, a/k/a "Charlie," the defendants, and others known and unknown, unlawfully, willfully, and knowingly would and did transport in interstate and foreign commerce goods, wares, and merchandise, namely, assorted food, produce and grocery items, and other goods, having a value of $5,000 and more, knowing the same to have been stolen and converted, in violation of Title 18, United States Code, Section 2314.

Overt-Acts

3.   In furtherance of the conspiracy and to effect the illegal object thereof, SALVATORE SCIANDRA, a/k/a "Sal," RALPH FERRUSI, a/k/a "Ralphie," and CHARLES HOLLAND, a/k/a "Charlie," the defendants, and others known and unknown, committed the following overt acts, among others, in the Southern District of New York and elsewhere:

a.   On or about May 28, 2000, RALPH FERRUSI, a/k/a "Ralphie," and CHARLES HOLLAND, a/k/a "Charlie," the defendants, unloaded a tractor trailer truck containing a shipment of stolen Sara Lee Bakeries food items at the Top Tomato produce store located at 3550 Boston Road, Bronx, New York.

b.   On or about July 27, 2000, RALPH FERRUSI, a/k/a "Ralphie," and CHARLES HOLLAND, a/k/a "Charlie," the defendants, unloaded a tractor trailer truck containing a shipment of stolen onions at the Top Tomato produce store located at 3550 Boston Road, Bronx, New York.


c.   On or about July 27, 2000, SALVATORE SCIANDRA, a/k/a "Sal," the defendant, participated in a telephone call regarding the distribution of the stolen shipment of onions to the Top Tomato produce store located in Yonkers, New York.

d.   On or about August 14, 2000, RALPH FERRUSI, a/k/a "Ralphie," and CHARLES HOLLAND, a/k/a "Charlie," the defendants, unloaded a tractor trailer truck containing a shipment of stolen Grand Union grocery items at the Top Tomato produce store located at 3550 Boston Road, Bronx, New York.

e.    On or about September 7, 2000, SALVATORE SCIANDRA, a/k/a "Sal," " the defendant, participated in a conversation with a cooperating witness ("CW") in the Bronx, New York, regarding the stolen shipment of onions and the stolen shipment of Grand Union grocery items.

(Title 18, United States Code, Section 371.)

 

COUNT TWO

Interstate Transportation of Stolen Property

 

The Grand Jury further charges;

4.   From at least in or about May 2000, up to and including in or about September 2000, in the Southern District of New York.and elsewhere, SALVATORE SCIANDRA, a/k/a "Sal," RALPH FERRUSI, a/k/a "Ralphie," and CHARLES HOLLAND, a/k/a "Charlie," the defendants, and others known and unknown, unlawfully, willfully, and knowingly, through SCIANDRA's association with the Gambino Organized Crime Family, transported in interstate and foreign commerce goods, wares, and merchandise, having a value in


excess of $5,000, to wit, assorted food, produce and grocery items, and other goods, including tractor trailer loads of Grand Union grocery items, and thousands of pounds of onions, knowing the same to have been stolen and converted.

(Title 18, United States Code, Sections 2314 and 2.)

COUNT THREE

Con

The 5.

including in or about May 2000, in the Southern District of New York and elsewhere, SALVATORE SCIANDRA, a/k/a "Sal," ANTHONY CAPORALE, a/k/a "Muzzi," and VINCENT CARAVELLO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to commit an offense against the united States, namely, to violate Section 2315 of Title 18, United States Code.

6.   It was a part and an object of the conspiracy that SALVATORE SCIANDRA, a/k/a "Sal," ANTHONY CAPORALE, a/k/a "Muzzi," and VINCENT CARAVELLO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly would and did receive, possess, conceal, store, barter, sell and dispose of goods, wares, and merchandise, namely, assorted JVC brand electronic equipment and other goods, having a value of $5,000 and more, which crossed a State boundary after being stolen, unlawfully converted, and taken, knowing the same to have been

a

Grand Jury further charges:

From at least in or about February 2000, up to and


stolen, unlawfully converted, and taken, in violation of Title 18, United States Code, Section 2315.

 

Overt Acts

7.   In furtherance of the conspiracy and to effect the illegal object thereof, SALVATORE SCIANDRA, a/k/a "Sal," ANTHONY CAPORALE, a/k/a "Muzzi," and VINCENT CARAVELLO, the defendants, and others known and unknown, committed the following overt acts, among others, in the Southern District oŁ New York and elsewhere:

a. On or about February 19, 2000, ANTHONY CAPORALE, a/k/a "Muzzi," and VINCENT CARAVELLO, the defendants, delivered approximately ninety-seven pieces of JVC electronic equipment to the CW in the Bronx, New York.

b.   On or about March 21, 2000, SALVATORE SCIANDRA, a/k/a   the defendant, and other co-conspirators not named as defendants herein, met with the CW at SCIANDRA's Top Tomato office located at 3564 Boston Road, Bronx, New York, and discussed, and created an inventory of, the stolen JVC electronic equipment.

(Title 18, United States Code, Section 371.)

 COUNT FOUR

sio

Grand Jury further charges:

From at least in or about February 2000, up to and

about May 2000, in the Southern District of New

York and elsewhere, SALVATORE SCIANDRA, a/k/a "Sal," ANTHONY CAPORALE, a/k/a "Muzzi," and VINCENT CARAVELLO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly

Rec

The

including in or


received, possessed, concealed, stored, bartered, sold, and disposed of goods, wares and merchandise, having a value of $5,000 and more, which crossed a State boundary after being stolen, unlawfully converted, and taken, knowing the same to have been stolen, unlawfully converted, and taken, to wit, assorted JVC brand electronic equipment and other goods, which were being distributed to, or were to be distributed to, various retail locations throughout the United States from the JVC Northeast Distribution Center located in Pinebrook, New Jersey.

(Title 18, United States Code, Sections 2315, 21, and 2.) COUNT FIVE

Conspiracy to Commit Mail Fraud

The Grand Jury further charges:

9.   From at least in or about November 1999, up to and including in or about September 2000, in the Southern District of New York and elsewhere, SALVATORE SCIANDRA, a/k/a "Sal," MILDRED SCARPATI and MARGARET SCIANDRA, the defendants, and others known and unknown, unlawfully, wilfully, and knowingly combined, conspired, confederated, and agreed together and with each other to commit an offense against the United States, namely, to violate Section 1341 of Title 18, United States Code.

10. It was a part and an object of the conspiracy that SALVATORE SCIANDRA, a/k/a "Sal," MILDRED SCARPATI and MARGARET SCIANDRA, the defendants, and others known and unknown, having devised and intending to devise a scheme and artifice to defraud and for obtaining money and property by means of false and


fraudulent pretenses, representations, and promises, for the purpose of executing such scheme and artifice and attempting so to do, to wit, a scheme to defraud Allstate Insurance Company by filing a false loss claim pertaining to a nMW automobile with a value in excess of $30,000 (the "BMW automobile"), which was secreted in a garage in the Bronx, New York; with the understanding that the BMW automobile would be disposed of after an insurance claim was paid by the insurance company, unlawfully, wilfully, and knowingly would and did place in a post office and authorized depository for mail matter, a matter and thing to be sent and delivered by the Postal Service, and cause to be delivered by mail according to the direction thereon, and at the place at which it was directed to be delivered by the person to whom it was addressed, such matter and thing, to wit, on or about February 16, 2000, the defendants caused a matter to be sent by mail to the Allstate Insurance Company, 200 Charlotte Avenue, Hicksville, New York 11802-9718, in support of a false loss claim, in violation of Section 1341 of Title 18, United States Code.

Overt Acts

11. In furtherance of the conspiracy and to effect the illegal object thereof, SALVATORE SCIANDRA, a/k/a "Sal," MILDRED SCARPATI and MARGARET SCIANDRA, the defendants, and others known and unknown, committed the following overt acts, among others, in the Southern District of New York and elsewhere:


a. On or about December 14, 1999, SALVATORE SCIANDRA, a/k/a "Sal," secreted the BMW automobile in a garage located at 190 Schofield Street in the Bronx, New York.

b.    On or about February 15, 2000, MILDRED SCARPATI executed an affidavit concerning the BMW automobile.

c.   On or about March 3, 2000., SALVATORE SCIANDRA, a/k/a "Sal," the defendant, participated in a telephone call with a representative from Allstate Insurance Company regarding the false loss claim.

d.    On or about March 3, 2000, MILDRED SCARPATI, the defendant, participated in a telephone call with a representative from Allstate Insurance Company regarding the false loss claim.

e.   On or about March 28, 2000, MARGARET SCIANDRA and MILDRED SCARPATI, the defendants, participated in a telephone call during which MARGARET SCIANDRA instructed SCARPATI as to how to answer questions from the insurance company regarding the false loss claim.

(Title 18, United States Code, Section 371.) COUNT SIX

Mail Fraud

The Grand Jury further charges:

12. From at least in or about November 1999, up to and including in or about September 2000, in the Southern District of New York and elsewhere, SALVATORE SCIANDRA, a/k/a "Sal," MILDRED SCARPATI and MARGARET SCIANDRA, the defendants, and others known


and unknown, having devised and intending to devise a scheme and artifice to defraud and for obtaining money and property by means of false and fraudulent pretenses, representations, and promises, for the purpose of executing such scheme and artifice and attempting so to do, to wit, a scheme to defraud Allstate Insurance Company by filing a false loss claim pertaining to a BMW automobile with a value in excess of $30,000 (the "BMW automobile), which was secreted in a garage in the Bronx, New York, with the understanding that the BMW automobile would be disposed of after an insurance claim was paid by the insurance company, unlawfully, wilfully, and knowingly did place in a post office and authorized depository for mail matter, a matter and thing to be sent and delivered by the Postal Service, and cause to be delivered by mail according to the direction thereon, and at the place at which it was directed to be delivered by the person to whom it was addressed, such matter and thing, to wit, on or about February 19, 2000, the defendants caused a matter to be sent by mail to the Allstate insurance Company, 200 Charlotte Avenue, Hicksville, New York 11802-9718, in support of a false loss claim.

(Title 18, United states code, sections 1341 and 2.)

FOREPERSON

JAMES B. COMEY
/ United States Attorney


Form No. USA-338-274 (Ed. 9-25-58)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

UNITED STATES of AMERICA

SALVATORE SCIANDRA,
a/k/a "Sal,"
RALPH FERRUSI,

a/k/a "Ralphie,"
CHARLES HOLLAND,
a/k/a "Charlie,"
ANTHONY CAPORALE,
a/k/a "Muzzi,"
VINCENT CARAVELLO,
MILDRED SCARPATI, and
MARGARET SCIANDRA,

Defendants,

INDICTMENT

02 Cr.

(Title 18, United States Code, Sections 371, 1341, 2314, 2315, 21 and 2)

JAMES B. COMEY

United States Attorney.

A TRUE BILL

Foreperson,