John J. Flood   Bio & Jim McGough (Biography)
6304 N Francisco Av
Chicago. Il 60659
773-878-1002(tel)
 

 

 

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - -X

UNITED STATES OF AMERICA

-v

GIOVANNI RIGGI,

    a/k/a "John Riggi,"
    a/k/a "Uncle John,"
    a/k/a "the Eagle,"
GIROLAM0 PALERMO,             INDICTMENT

    a/k/a "Jimmy Palermo,"
CHARLES MAJURI,                     00 Cr. 1118
STEFANO VITABILE,

    a/k/a "Steve Vitabile,"
PHILIP ABRAMO,
FRANCESCO POLIZZI,
    a/k/a "Frank Polizzi,"
ANTHONY MANNARINO,
    a/k/a "Anthony Marshmallow,"
LOUIS CONSALVO,
    a/k/a "Louie Eggs,"
GREGORY RAGO,
FRANK D'AMATO,
BERNARD NiCASTRO,
FRANK SCARABINO,
    a/k/a "Franky the Beast,"
Defendants.

RACKETEERING CHARGES

COUNT ONE

Racketeering Conspiracy

The Grand Jury charges:

At all times relevant to this Indictment:

 

The Enterprise

 

1.     The members and associates of the Decavalcante Family of La Cosa Nostra (the "Decavalcante LCN Family") constituted an "enterprise" as that term is defined in Title 18, United States Code, Section 1961(4), that is, a group of individuals associated in fact, which was engaged in, and the activities of which affected, interstate and foreign commerce. The Decavalcante LCN Family was an organized criminal group based in New Jersey that operated in the Southern District of New York and elsewhere. The Decavalcante LCN Family was referred to by its members in. various ways, including as a "cosa nostra," a "family," and "this thing of ours."

 

2.     The Decavalcante LCN Family was part of a nationwide criminal organization known by various names, including the "Mafia" and "La Cosa Nostra," which operated through entities known as "Families." The Decavalcante LCN . Family took its name from Simone "Sam the Plumber" Decavalcante, one of its first leaders.

3.     The Decavalcante LCN Family operated through groups of individuals known as "crews" and "regimes," some of which were based in New York. Each "crew" had as its leader a person known as a "Caporegime," "Capo," or "Captain," and consisted of "made" members, sometimes known as "Soldiers," "wiseguys," "friends of ours," and "good fellows." Other individuals, known as "Associates," and sometimes referred to as "connected" or identified as "with" a Soldier, participated in the various activities of the crews and its members.


2

4.     Each Capo was responsible for supervising the criminal activities of his crew, and provided crew members and Associates with support and protection. In return, the Capo typically received a share of the earnings of each of his crew's Soldiers and Associates. At various times relevant to this Indictment, certain Capos delegated their supervisory authority over a crew to "Acting Capos."

5.     Above the Capos were the highest-ranking members of the Decavalcante LCN Family. The head of the Decavalcante LCN Family was known as the "Boss," who was normally assistedby an "Underboss" and a "Consigliere" or counselor. The Boss, Underboss, and Consigliere were.responsible for, among other things, setting policy, resolving disputes among members of the Decavalcante LCN Family, and resolving disputes between members of the Decavalcante LCN Family and members of other criminal organizations.

6.     The Boss, Underboss, and Consigliere of the Dec Decavalcante LCN Family supervised, supported, protected and disciplined the Capos, Soldiers and Associates, and regularly received reports regarding their various activities. In return for their supervision and protection, the Boss, Underboss, and Consigliere typically received part of the illegal earnings of each crew.


3


7. At various times relevant to this Indictment, much of the supervisory authority over the affairs of the Decavalcante LCN-Family, traditionally held by the Boss and Underboss, was exercised by a ruling panel comprised of three high-ranking members of the Decavalcante LCN Family who served as acting bosses (hereinafter "the ruling panel").

The Defendants

 

8.     At various times relevant to this Indictment, the defendants listed below were members or associates of the: Decavalcante LCN Family, and played the following roles, among others, in furthering the affairs of that enterprise:

a.     GIOVANNI RIGGI, a/k/a "John Riggi," a/k/a "Uncle John," a/k/a "The Eagle" (hereinafter "JOIN RIGGI") was at all times relevant to this Indictment, the Boss of the Decavalcante LCN Family.. RIGGI was responsible for, among other things, supervising the illegal activities of Capos, Soldiers, and Associates; directing Capos, Soldiers, and Associates to murder persons who engaged in activity that threatened the power and criminal activities of the enterprise, and the power of RIGGI within the Decavalcante LCN Family including the flow of criminal proceeds through the hierarchy to RIGGI; and resolving disputes with other organized crime families. Although RIGGI has been incarcerated since 1990, he has continued in his position as Boss of the Decavalcante LCN Family and has continued to direct its



4


criminal operations, including sending orders out from his prison cell to other members of the Decavalcante LCN Family directing the murders of individuals, dictates relating to the Decavalcante LCN Family's internal organization, and instructions relating to the Decavalcante LCN Family's use of its long-held control over certain unions to extort "kickbacks" from numerous contractors in the construction industry. Among RIGGI's criminal activities were participation in murders, additional conspiracies to murder, the extortion of money from various businesses, and the obstruction of justice (through, among other things, conspiring with members of other LCN Families to bribe a member of the jury which heard his 1990 District of New Jersey racketeering prosecution, acquitting him on the major charges).

b.     GIROLAMO PALERMO, a/k/a "Jimmy Palermo," was at various times relevant to this Indictment, a Soldier, a Capo, and a Boss on the ruling panel of the Decavalcante LCN Family. PALERMO was responsible for, among other things, supervising the illegal activities of Soldiers and Associates of his crew and resolving disputes with other organized crime families. Among PALERMO's criminal activities were participation in conspiracies to commit murder and the extortion of money from various businesses.

c.     CHARLES MAJURI was at various times relevant to this Indictment a Soldier, a Capo, and a Boss-on the ruling


5


panel of the Decavalcante LCN Family, responsible for (among other things) supervising the illegal activities of Soldiers and Associates of his crew and resolving disputes with other organized crime families. Among MAJURI's criminal activities were participation in a conspiracy to murder, participation in an illegal bookmaking business, and the extortion of money from various businesses.

d.     STEFANO VITABILE, a/k/a "Steve Vitabile," was at various times relevant to this Indictment the Consigliere or counselor of the Decavalcante LCN Family. VITABILE was responsible for, among other things, representing the interests of the Soldiers of the Decavalcante LCN Family to the hierarchy and resolving disputes with other organized crime families. VITABILE's criminal activities included participation in several homicides, numerous conspiracies to murder, and the extortion of money from various businesses.

e.     PHILIP ABRAMO was at various times relevant to this Indictment a Soldier and a Capo in the Decavalcante LCN Family, responsible for (among other things) supervising the illegal activities of Soldiers and Associates of his crew, working with members of other organized crime families as a central player in wide-ranging securities fraud, and resolving disputes with other organized crime families. Among ABRAMO's criminal activities were participation in several murders,


6


numerous conspiracies to murder, conspiracy to commit securities fraud, and the making and collection of extortionate extensions of credit ("loansharking").

f    FRANCESCO POLIZZI, a/k/a "Frank Polizzi," was at various times relevant to this Indictment a Soldier and a Capo in the Decavalcante LCN Family, responsible for (among other things) supervising the illegal activities of Soldiers and Associates of his crew and resolving disputes with other organized crime families. Among POLIZZI's criminal activities were participation in several conspiracies to commit murder, loansharking, and the extortion of money from various businesses.

g.     Anthony Mannarino, a/k/a "Marshmallow,.." was at various times relevant to this Indictment a Soldier in a crew based in Florida of the Decavalcante LCN Family. Among Mannarino's criminal activities were participation in a corrupt endeavor to obstruct justice.

h.     LOUIS CONSALVO, a/k/a "Louie Eggs," was at various times relevant to this Indictment an Associate and a Soldier in the Decavalcante LCN Family. Among CONSALVO's criminal activities were participation'in a homicide, loansharking, and a conspiracy to commit securities fraud.

i.     GREGORY RAGO was at various times relevant to this Indictment an Associate and a Soldier in the Decavalcante LCN Family. Among RAGO'S criminal activities were participation


7


in a homicide, in loansharking and in the operation of an illegal bookmaking business.

j.     FRANK D'AMATO was at various times relevant to this Indictment an Associate in the Decavalcante LCN Family. Among D'AMATO's criminal activities were participation in loansharking and in the operation of an illegal bookmaking business.

 

k.     BERNARD NiCASTRO was at various times relevant to this Indictment an Associate in the Decavalcante LCN Family. Among NiCASTRO'S criminal activities were participation in a homicide, several assaults, and participation in loansharking. 

l.     FRANK SCARABINO, a/k/a "Franky the Beast,." was at various times relevant to this Indictment an Associate in the Decavalcante LCN Family. Among SCARABINO's criminal activities were participation in a murder, in loansharking and in the operation of an illegal bookmaking business.


Purposes of the Enterprise


9.     The purposes of the enterprise included the following:

a.     Enriching the members of the enterprise through, among other things: (i) the extortionate control of businesses, persons, and property through threats of physical and economic harm; (ii) the financing, extension and collection of extortionate extensions of credit, commonly known as


8


"loansharking" or "shylocking"; (iii) the control of businesses through the collection of loansharking debts; (iv) the operation of an illegal bookmaking business; (v) the purchase and sale of stolen property and counterfeit goods; (vi) theft and robbery; and (vii) securities fraud;

b.     Preserving and augmenting the power, territory and financial profits of the enterprise through murder, intimidation, violence, and threats of physical and economic harm; and

c.     Keeping victims and citizens in fear of the enterprise and its members and associates by: (i) identifying the enterprise, its members and associates, with La Cosa Nostra or the "Mafia"; (ii) causing and threatening to cause economic harm; and (iii) committing and threatening to commit physical violence.


Means and Methods of the Enterprise

 

10.     Among the means and methods by which the defendants, their co-racketeers and other enterprise members conducted and participated in the conduct of the affairs of the enterprise were the following:

a.     To protect and expand the enterprise's business and criminal operations, members of the enterprise and their coracketeers murdered and threatened to murder persons who engaged in activity that threatened (i) the power and criminal activities of the enterprise and the power and criminal


9


activities of fellow LCN families, (ii) the power of bosses in the enterprise, and (iii) the flow through the hierarchy of criminal proceeds to bosses in the enterprise.

b.     Members of the enterprise at"--heir coracketeers promoted a climate of fear through threats of economic harm and violence.

c.     Members of the enterprise arid their coracketeers generated income for the enterprise through, among other things, (i) extortion; (ii) loansharking; (iii) the.operation of an illegal bookmaking business; (iv) the purchase and sale of stolen property; (v) theft and robbery; and (vi) securities fraud.

d.     Members of the enterprise and their coracketeers at times engaged in criminal conduct or coordinated their criminal activities with members and associates of other LCN families.

e.     So as to avoid law enforcement scrutiny of the enterprise's criminal activities, members of the enterprise and their co-racketeers conducted meetings surreptitiously, typically using coded language to make arrangements for meetings, meeting at rest stops along a highway and at diners, and engaging in "walk and talks."

f.     Members of the enterprise and their coracketeers attempted to identify and identified individuals


10


suspected of, or likely to provide information about the enterprise, its members and its activities, and about other LCN families to law enforcement.

g.     To conceal their receipt of money generated from their criminal activities, members of the enterprise and their co-racketeers concealed their ownership of various assets that were purchased with proceeds from their criminal activities.


The Racketeering Conspiracy


11.     From in or about 1978 through in or about October 2000, in the Southern District of New York and elsewhere, GIOVANNI RIGGI, a/k/a "John Riggi," a/k/a "Uncle John," a/k/a "the Eagle," GIROLAMO PALERMO, a/k/a "Jimmy Palermo," CHARLES MAJURI, STEFANO VITABILE, a/k/a "Steve Vitabile," PHILIP ABRAMO, FRANCESCO POLIZZI, a/k/a "Frank Polizzi," LOUIS CONSALVO, a/k/a "Louie Eggs," GREGORY RAGO, FRANK D'AMATO, BERNARD NICASTRO, and FRANK SCARABINO, a/k/a "Franky the Beast," the defendants, together with Anthony Mannarino, a/k/a "Marshmallow," and others known and unknown, being persons employed by and associated .with the racketeering enterprise described in Paragraphs 1 through 10 above, namely, the Decavalcante LCN Family, which enterprise was engaged in, and the activities of which affected, interstate and foreign commerce, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to conduct and participate, directly and indirectly, in the


11


conduct of the affairs of that enterprise through a pattern of racketeering activity, as that term is defined in Title 18,. United States Code, Sections 1961(1) and 1961(5). Each of the defendants agreed that a co-conspirator would commit at least two acts of racketeering activity in the conduct of the affairs of the enterprise.



The Pattern of Racketeering

 

12.     The pattern of racketeering activity, as defined in Title 18, United States Code, Sections 1961(1) and 1961(5), consisted of the following acts: 


Racketeering Act One -- Murder of Frederick Weiss .

 

13.     The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act One:

a.     From in or about August 1989 through on or about September 11, 1989, in the Southern District of New York, the Eastern District of New York and elsewhere, JOHN RIGGI, PHILIP ABRAMO, and FRANK SCARABINO, a/k/a "Franky the Beast," the defendants, together with John Gotti, James Gallo, Anthony Rotondo, and others known and unknown, unlawfully, willfully,. and knowingly conspired to murder Frederick Weiss in violation of New York State Penal Law, Section 105.15 and.

b.     On or about September 11, 1989, in the Eastern District of New York and elsewhere, JOHN RIGGI, PHILIP


12


ABRAMO, and FRANK SCARABINO, a/k/a "Franky the Beast," the defendants, together with others known and unknown, unlawfully, intentionally,' and knowingly murdered and aided and abetted the murder of Frederick Weiss in violation of New York State Penal Law, Sections 125.25 and 20.00.

 

 

Racketeering Act Two- Murder of Joseph Parofano

 

14.     The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Two:

a.     In or about September 1989, in the Eastern District of New York and elsewhere, PHILIP ABRAMO and BERNARD NiCASTRO, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder Joseph Garofano in violation of New York State Penal Law, Sections 105.15 and 125.25.

b.     In or about September 1989, in.the Eastern District of New York and elsewhere, PHILIP ABRAMO and BERNARD NiCASTRO, the defendants, together with others known and unknown, unlawfully, intentionally, and knowingly murdered and aided and abetted the murder of Joseph Garofano in violation of New York State Penal Law, Sections 125.25 and 20.00.


13.


Racketeering Act Three -- Conspiracy to Murder Daniel Annunziatta and Gaetano Vastola

 

15. The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Three:

a.     From in or about September 1989 through in or about February 1990, in the Southern District of New York, the Eastern District of New York and elsewhere, STEFANO VITABILE, PHILIP ABRAMO, and FRANK SCARABINO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly conspired to murder Daniel Annunziatta in violation of New York State Penal Law, Sections 105.15 and 125.25.

b.     From in or about September 1989 through in or about February 1990, in the Southern District of New York, the Eastern District of New York andelsewhere, JOHN RIGGI, STEFANO VITABILE, PHILIP ABRAMO, and FRANK SCARABINO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly conspired to murder Gaetano Vastola, a/k/a "Corby," in violation of New York State Penal Law, Sections 105.15 ands 125.25. Racketeering Act Four -- Murder of Louis LaRasso

16.     The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Four:


14

a.     From in or about October 1091 through on or about November 11, 1991, in the Eastern District of New York and elsewhere, JOHN RIGGI, STEFANO VITABILE, PHILIP ABRAMO, LOUIS CONSALVO, a/k/a "Louie Eggs," and GREGORY RAGO, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder Louis LaRasso, a/k/a "Fat Lou," a/k/a "Lou Fats," in violation of New York State Penal Law, Sections 105.15 and 125.25.

b.     On or about November 11, 1$91, in the Eastern District of New York and elsewhere, JOHN Riggi, STEFANO VITABILE, PHILIP ABRAMO, LOUIS CONSALVO, a/k/a "Louie Eggs," and GREGORY RAGO, the defendants, together with others known and unknown, unlawfully, intentionally, and knowingly murdered and aided and abetted the murder of Louis LaRasso, a/k/a "Fat Lou," a/k/a "Lou Fats," in violation of New York State Penal Law, Sections 125.25 and 20.00.



Racketeering Act Five -- Murder of John D'Amato

 

17.     The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Five:

a.     In or about 1992, in the Eastern-'District of New York and elsewhere, STEFANO VITABILE, the defendant, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder John D'Amato in violation of New


15


York State Penal Law, Sections 105.15 and 125.,25.

b. In or about 1992, in the Eastern District of New York and elsewhere, STEFANO VITABILE, the defendant, together with others known and unknown, unlawfully, intentionally and knowingly murdered and aided and abetted the murder of John D'Amato in violation of New York State Penal Law, Sections 125.25 and 20.00. 

 


Racketeering Act Six -- Murder Of John Suarato

 

18.     JOHN RIGGI, the defendant, committed the following  acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Six:

a.     In or about July 1978, in the Eastern District of New York and elsewhere; JOHN RIGGI, the defendant, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder John Suarato in violation of New
York State Penal Law, Section 105.15 and 125.25.

b.     On or about July 22, 1978, in the Eastern District of New York and elsewhere, JOHN RIGGI, the defendant, together with others known and unknown, unlawfully, intentionally, and knowingly murdered and aided and abetted the murder of John Suarato in violation of New York state Penal Law, Sections 125.25 and 20.00.


16



Racketeering Act Seven -- Conspiracy To Murder Frank Scarabino

 

19.     From in or about November 1999 through in or about December 1999, in the Eastern District of New York and elsewhere, STEFANO VITABILE, CHARLES MAJURI, and FRANCESCO POLIZZI, the defendants, and others known and unknown, unlawfully, willfully, and knowingly conspired to murder Frank Scarabino in violation of New York State Penal Law, Sections 105.15, 125.25, and 125 .17 (1) (a) (v) .


Racketeering Act Eight -- Conspiracy To Murder Thomas Salvata

 

20.     In or about the summer of 1999, in the Eastern District of New York and elsewhere, STEFANO VITABILE and FRANCESCO POLIZZI, the defendants, and others known and unknown, unlawfully, willfully, and knowingly conspired to murder Thomas Salvata in violation of New York State Penal Laws, Sections 105.15, 125.25, and 125.17(1)(a)(v).


Racketeering Act Nine -- Conspiracy To Murder Frank D'Amato

 

21.     From in or about March 1999 through in or about October 1999, in the Southern District of New York, Eastern District of New York and elsewhere, STEFANO VITABILE, GIROLAMO PALERMO, and FRANCESCO POLIZZI, the defendants, and others known and unknown, unlawfully, willfully, and knowingly conspired to murder Frank D'Amato, in violation of New York Sate Penal Law, Sections 105.15 and 125.25.


17


Racketeering Act Ten -- Conspiracy To Murder Charles Majuri

 

22.     From in or about March 1998 though in or about June 1998, in the Southern District of New York, the Eastern District of New York, and elsewhere, STEFANO VITABILE and GIROLAMO PALERMO, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder Charles Majuri, in violation-of New York State Penal Law, Sections 105.15 and 125.25.



Racketeering Act Eleven -- Conspiracy To Murder John Doe # l and John Doe # 2

 

23.     In or about 1987 in the Southern District of New York, the Eastern District of. New York, the District of New Jersey, and elsewhere, JOHN RIGGI and STEFANO VITABILE, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder John Doe # 1 and John Doe # 2 in violation of New York State Penal Law, Sections 105.15 and 125.25.


Racketeering Act Twelve -- Union-Related Extortion

 

24.     From in or about January 1980 though in or about October 2000, in the Southern District of New York, the Eastern District of New York, the District of New Jerseys, and elsewhere, JOHN RIGGI, STEFANO VITABILE, GIROLAMO PALERMO, and CHARLES MAJURI, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly did combine, conspire,



18


confederate, and agree together and with each other to commit extortion, as that term is defined in Title 181, United States Code, Section 1951(b)(2), by obtaining and attempting to obtain money and property from others with their consent, which consent had and would have been induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce, in violation of Title 18, United States Code, Section 1951, to wit, the defendants used threats of violence, work stoppages, threats of work stoppages, and the reputation of the Decavalcante LCN Family and of La Cosa Nostra generally to force contractors doing business in interstate commerce to pay money to the defendants and persons associated with them, including "kickbacks" to ensure labor peace as well as salary payments for relatives, friends and associates of the defendants.

 


 Racketeering Act Thirteen --Loansharking Business _

 

25.     The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Thirteen:


    a.     Financing Extortionate

            Extensions of Credit

From in or about 1990 through in or about October 2000, in the Southern District of New York and elsewhere, CHARLES MAJURI, PHILIP ABRAMO, FRANCESCO POLIZZI, LOUIS CONSALVO, a/k/a "Louie Eggs," GREGORY RAGO, FRANK D'AMATO, BERNARD NiCASTRO, and


19



FRANK SCARABINO, the defendants, unlawfully, willfully, and knowingly did advance money to other persons with reasonable grounds to believe that it was the intention of such persons to use the money so advanced directly and indirectly for the purpose of making extortionate extensions of credit, as that term is defined in Title 18, United States Code, Section 891, in violation of Title 18, United States Code, Sections 893 and 2.


b.     Conspiracy to Make Extortionate

        Extensions of-Credit


From in or about 1990 through in or about October 2000, in the Southern District of New York and elsewhere, CHARLES MAJURI, PHILIP ABRAMO, FRANCESCO POLIZZI, LOUIS CONSALVO, a/k/a "Louie Eggs," GREGORY RAGO, FRANK D'AMATO, BERNARD NiCASTRO, and FRANK SCARABINO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to make extortionate extensions of credit, as that term is-defined in Title 18, United States Code, Section 891, in violation of Title 18, United States Code, Section 892.

c.     Conspiracy to Collect Extortionate
                    Extensions of Credit

From in or about 1990 through in or about October 2000, in the Southern District of New York and elsewhere, CHARLES MAJURI, PHILIP ABRAMO, FRANCESCO POLIZZI, LOUIS CONSALVO, a/k/a "Louie Eggs," GREGORY RAGO, FRANK D'AMATO, BERNARD NiCASTRO, and


20


FRANK SCARABINO, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to participate in the use of extortionate means to collect and attempt to collect extensions of credit, as that term is defined in Title 18, United States-Code,-Section 891, and to punish, persons for the nonrepayment of said extension) of credit, in violation of Title 18, United States Code, Section 894.



Racketeering Act 14 -- Operation Of An Illegal Gambling Business

 

26.     The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Fourteen:



Illegal Gambling Business

 

a.     From in or about 1990 through in or about October 2000, in the Southern District of New York and elsewhere, CHARLES MAJURI, LOUIS CONSALVO, a/k/a "Louie Eggs,". GREGORY RAGO, FRANK D'AMATO, and FRANK SCARABINO, a/k/a "Franky the Beast," the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conducted, financed, managed, supervised, directed, and owned all and part of an illegal gambling business, namely, a bookmaking network, in violation of New York State Penal Law Sections 225.00, 225.05k and 225.10, and which business involved five and more persons who conducted, financed, managed, supervised, directed, and owned all and part



21

 


of it, and which business had been and had remained in substantially continuous operation for a period in excess of thirty days and had gross revenues in excess of $2,000 in a single day, in violation of Title 18 United States Code, Sections 1955 and 2.



Illegal Bookmaking

 

b.     From in or about 1990 through in or about October 2000, in the Southern District of New York and elsewhere, CHARLES MAJURI, LOUIS CONSALVO, a/k/a "Louie Eggs," GREGORY RAGO,  FRANK D'AMATO, and FRANK SCARABINO, a/k/a "Franky the Beast," the defendants, together'-with others known and unknown, unlawfully, willfully, and knowingly advanced and profited from unlawful gambling activity by engaging in bookmaking, to the extent that they received and accepted in one day more than 'five bets totaling more than $5,000%, in violation of the New York State Penal Law, Sections 225.00, 225,10 and 20.00.



Racketeering Act 15 -- Conspiracy to Commit Securities Fraud

 

27.     From in or about January 1993 through in or about March 1999, in the Southern District of New York and elsewhere, PHILIP ABRAMO and LOUIS CONSALVO, the defendants' together with others known and unknown, unlawfully, willfully, and knowingly, did combine, conspire, confederate, and agree together and with each other to commit an offense against the United states, to wit, to commit securities fraud in violation of 'title 15, United



22

 


States Code, Sections 77q and 77x, all in violation of Title 18, United States Code, Section 371.

 

28.     It was a part and an object of the conspiracy that PHILIP ABRAMO and LOUIS CONSALVO, the defendants, and others known and unknown, unlawfully, wilfully, and knowingly, in the offer and sale of securities by the use of the means and, instruments of transportation and communication in interstate commerce and by the use of the mails, directly and indirectly, would and did: (a) employ devices, schemes, and artifices to defraud; (b) obtain money and property by means of untrue statements of material fact and omit to state material facts necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; and (c) engage in transactions, practices and courses of business which operated and would operate as a fraud and deceit upon the purchasers of securities, including but not limited to SC&T International (SCTI) securities, all in violation of Title 15, United States Code, Sections 77q and 77x.          

 

29.     In furtherance of said conspiracy and to effect the objects thereof, the following overt act, among others, was committed in the Southern District of New York and elsewhere:

a.     On or about December 14, 1995, PHILIP ABRAMO and LOUIS CONSALVO, the defendants, sold 8,000 shares of stock in SC&T, International, Inc. (SCTI) through the accounts of LOUIS


23


CONSALVO for total gross proceeds of $10,000.


Racketeering Act 16 -- Obstruction of Justice & Jury Tampering

 

30. From in or about January 1990 through in or about July 1990, in the Southern District of New York, the Eastern District of New York, the District of New Jersey, and elsewhere, JOHN RIGGI, the defendant, unlawfully, willfully and knowingly did corruptly and by threats of force influence, intimidate and impede, and endeavor to corruptly influence, intimidate and impede, a petit juror impaneled in the case of United States v. John Riggi, 89 Cr. 380, then pending in the United States District Court for the District of New Jersey, in violation of Title 18, United States Code, Section 1503.

(Title 18, United States Code, Section 1962(d).)



COUNT TWO
Racketeering Violation

 

The Grand Jury further charges:

 

31.     Paragraphs 1 through 10 and 12 through 30 of this Indictment are realleged and incorporated by reference as though fully set forth herein.

32.     From in or about 1978 through in or about October 2000, in the Southern District of New York and elsewhere, GIOVANNI RIGGI, a/k/a "John Riggi," a/k/a "Uncle John,"a/k/a "the Eagle," GIROLAMO PALERMO, a/k/a "Jimmy Palermo," CHARLES MAJURI, STEFANO VITABILE, a/k/a "Steve Vitabile," PHILIP ABRAMO,



24


FRANCESCO POLIZZI, a/k/a "Frank Polizzi," LOUIS CONSALVO, a/k/a "Louie Eggs," GREGORY RAGO, FRANK D'AMATO, BERNARD NICASTRO, FRANK SCARABINO, a/k/a "Franky the Beast," the defendants, and others known and unknown, being persons employed by and associated with the racketeering enterprise described in Paragraphs 1 through 10 above, namely, the Decavalcante LCN Family, which enterprise was engaged in, and the activities of which affected, interstate and foreign commerce, unlawfully, willfully, and knowingly conducted and participated, directly and indirectly, in the conduct of the affairs of that enterprise through a pattern of racketeering activity, as that term is defined in Title 18, United States Code, Sections 1961(1) and 1961(5), which pattern is set forth more fully in paragraphs 12 through 30, above, as Racketeering Acts One through Sixteen. (Title 18, United States Code, Section 1962(c).)



 COUNT THREE

Conspiracy To Murder Frank Scarabino

The Grand Jury further charges:

33.     At all times relevant to this Indictment, the Decavalcante LCN Family, as more fully described in Paragraphs One through 10 of Count One of this Indictment, which are realleged and incorporated by reference as though set forth fully herein, constituted an enterprise as defined in Title 18, United States Code, Section 1959(b)(2), that is, a group of individuals



25


associated in fact which was engaged in, and the activities of which affected, interstate and foreign commerce.

 

34.     At all times relevant to this Indictment, the abovedescribed enterprise, through its members and associates, engaged in racketeering activity as defined in Title 18, United States Code, Sections 1959(b)(1) and 1961(1), namely, acts involving murder and conspiracies to murder in violation of New York State Penal Law, Sections.105.15, 125.15, and 125.17(a)(1)(v), acts involving extortionate extensions of credit in violation of Title 18, United States Code, Section 894, acts involving an illegal gambling business in violation of Title 18, United States Code, Section 1955, acts involving extortion in. violation of Title 18, United States Code, Section 1951, and acts involving the obstruction of justice in violation of Title 18, United States Code, Section 1503.

 

35.     In or about November 1999, in the Southern District of New York and elsewhere., as consideration for the receipt of, and as consideration for a promise and an agreement to pay, anything of pecuniary value from the Decavalcante LCN Family, and for the purpose of gaining entrance to and maintaining and increasing their positions in the Decavalcante LCN Family, STEFANO VITABILE, and FRANCESCO POLIZZI, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder Frank Scarabino,



26


a/k/a "Franky the Beast," in violation of New York State Penal Law, Sections 105.15, 105.25 and 125.17(1)(a)(v).
(Title 18, United States Code, Section 1959(a)(5).)


COUNT FOUR
Conspiracy To Murder Thomas Salvata

 

The Grand Jury further charges:

 

36.     Paragraphs 33 and 34 of Count Three of this Indictment are realleged and incorporated by reference as though fully set forth herein.

 

37.     In or about the summer of 1999, in the Southern District of New York and elsewhere, as consideration for the receipt of, and as consideration for a promise and an agreement to pay, something of pecuniary value from the Decavalcante LCN Family, and for the purpose of gaining entrance to and maintaining and increasing their positions in the Decavalcante LCN Family, STEFANO VITABILE and FRANCESCO POLIZZI, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder Thomas Salvata in violation of New York State Penal Law, Sections 105.15, 125.25 and 125.17 (1) (a) (v) .

(Title 18, United States Code, Section 1959(a)'(5).)


27


COUNT FIVE


Conspiracy To Murder Charles Majuri

 

The Grand Jury further charges:

 

38.     Paragraphs 33 and 34 of Count Three of this Indictment are realleged and incorporated by reference as though fully set forth herein.

 

39.     From in or about April 1998 through in or about June 1998, in the Southern District of New York and elsewhere, as consideration for the receipt of, and as consideration for a promise and an agreement to pay, anything of pecuniary value from the Decavalcante LCN Family, and for the purpose of gaining entrance to and maintainirig and increasing their positions in the Decavalcante LCN Family, STEFANO VITABILE and GIROLAMO PALERMO, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder Charles Majuri, in violation of New York State Penal Law, Sections 105.15 and 125.25.

(Title 18, United States Code, Section 1959(a)(5).)


COUNT SIX
Conspiracy To Murder Frank D'Amato

 

The Grand Jury further charges:

 

40.     Paragraphs. 33 and 34 of Count Three of this Indictment are realleged and incorporated by reference as though


28


fully set forth herein.

 

41.     From in or about March 1999 through in or about October 1999, in the Southern District of New York and elsewhere, as consideration for the receipt of, and as consideration for 'a promise and an agreement to pay, something of pecuniary value from the Decavalcante LCN Family, and for the purpose of gaining entrance to and maintaining and increasing their positions in the Decavalcante LCN Family, STEFANO VITABILE, GIROLAMO PALERMO, and FRANCESCO POLIZZI, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly conspired to murder Frank D'Amato, in violation of New York State Penal Law, Sections 105.15 and 125.25.

(Title 18, United States Code, Section 1959(a)(5).)



COUNT SEVEN
Financing Extortionate Extensions Of Credit

 

The Grand Jury further charges:

 

42.     From in or about 1996 through in or about October 2000, in the Southern District of New York, the Eastern District of New York, the District of New Jersey, and elsewhere, CHARLES. MAJURI, PHILIP ABRAMO, FRANCESCO POLIZZI, LOUIS CONSALVO, GREGORY RAGO, FRANK D'AMATO, BERNARD NiCASTRO, and FRANK SCARABINO, the defendants, unlawfully, willfully, and knowingly did advance money to other persons with reasonable grounds to believe that it was the intention of such persons to use the money so advanced


29


directly and indirectly for the purpose of making extortionate extensions of credit, as that term is defined in Title 18, United States Code, Section 891.

(Title 18, United States Code, Sections 893 and 2.)


COUNT EIGHT
Conspiracy To Make Extortionate Extensions Of Credit

 

The Grand Jury further charges:

 

43.     From in or about 1996 through the date of the filing of this Indictment, in the Southern District of New York and elsewhere, CHARLES MAJURI, PHILIP ABRAMO, FRANCESCO POLIZZI, LOUIS CONSALVO, GREGORY RAGO, FRANK D'AMATO, BERNARD NiCASTRO, and FRANK SCARABINO, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to make extortionate extensions of credit, as that term is defined in Title 18, United States Code, Section 891.

(Title 18, United States Code, Section 892.)



COUNT NINE
Conspiracy To Collect Extortionate Extensions Of Credit

 

The Grand Jury further charges:

 

44.     From in or about 1996 through the date of the filing of this Indictment, in the Southern District of New York and elsewhere, CHARLES MAJURI, PHILIP ABRAMO, FRANCESCO POLIZZI, LOUIS CONSALVO, GREGORY RAGO, FRANK D'AMATO, BERNARD NiCASTRO,


30


and FRANK SCARABINO, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to participate in the use of extortionate means to collect and attempt to collect extensions of credit, as those terms are defined in Title 18, United States Code, Section 891, and to punish persons for the nonrepayment of said extensions of credit. (Title 18, United States Code, Section 894.) 


COUNT TEN

Illegal Gambling. Business

 

The Grand Jury further charges:

 

45.     From in or about January 1990 through in or about October 2000, in the Southern District of New York, the Eastern District of New York, the District of New Jersey, the Middle District of Florida, and elsewhere, CHARLES MAJURI, LOUIS CONSALVO, GREGORY RAGO, FRANK D'AMATO, and FRANK SCARABINO, a/k/a "Franky the Beast;" the defendants, and others known and unknown, unlawfully, willfully, and knowingly conducted, financed, managed, supervised, directed, and owned all and part of an illegal gambling business, namely, a bookmaking network, in violation of New York State Penal Law Sections 225.00, 225.05, 225.10, which business involved five and more persons who conducted, financed, managed, supervised, directed, and owned all and part of it, and which business had been and had remained in


31


substantially continuous operation for a period in excess of thirty days and had gross revenues in excess of $2,000 in a single day.
(Title 18, United States Code, Sections 1955 and 2.)



COUNT ELEVEN
Union-Related Extortion

 

The Grand Jury further charges:

 

46.     From in or about January 1980. through in or about October 2000, in the Southern District of New York, the Eastern District of New York, the District of New Jersey, and elsewhere, JOHN RIGGI, STEFANO VITABILE, GIROLAMO PALERMO, and CHARLIE MAJURI, the defendants, together with others known and unknown, unlawfully, willfully, and knowingly did combine, conspire, confederate, and agree together and with each other to commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining and attempting to obtain money and property from others with their consent, which consent had and would have been induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce, in violation of Title 18, United States Code, Section 1951, to wit, the defendants used threats of violence, work stoppages, threats of work stoppages, and the reputation of the Decavalcante LCN Family and of La Cosa Nostra generally to force construction contractor`s doing business


32


in interstate commerce to pay money to the defendants and persons associated with them, including "kickbacks" to ensure labor peace as well as salary payments for relatives, friends and associates of the defendants.
(Title 18, United States Code, Sections 1951 and 2.)



COUNT TWELVE
Obstruction OF Justice

 

The Grand Jury further charges:

 

47.     In or about November 1999, in the Southern District of New York, the Eastern District of New York, and elsewhere, ANTHONY MANNARINO, a/k/a "Marshmallow," the defendant, unlawfully, willfully and knowingly did corruptly influence, obstruct, and impede, and endeavor to corruptly influence, obstruct, and impede, the due administration of justice, to wit, ANTHONY MANNARINO, a/k/a "Marshmallow," discussed and disseminated information about an ongoing Grand Jury investigation into the criminal affairs of the Decavalcante LCN Family, including information relating to an impending arrest of members of the Decavalcante LCN Family, to the targets of that investigation.

(Title 18, United States Code, Sections 1503 and 2.)



33


FORFEITURE ALLEGATION

 

I.     The allegations contained in Counts One and Two of this Indictment are hereby realleged and incorporated by reference for the purpose of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section 1963.

 

II.     Through the aforesaid racketeering activity, GIOVANNI RIGGI, a/k/a "John Riggi," a/k/a "Uncle John,"a/k/a "the Eagle," GIROLAMO PALERMO, a/k/a "Jimmy Palermo," CHARLES MAJURI, STEFANO VITABILE, a/k/a "Steve Vitabile," PHILIP ABRAMO, FRANCESCO POLIZZI, a/k/a "Frank Polizzi," LOUIS CONSALVO, a/k/a  "Louie Eggs," GREGORY RAGO, FRANK D'AMATO, BERNARD NICASTRO, and FRANK SCARABINO, a/k/a "Franky the Beast," the defendants, have interests they have acquired and maintained in violation of Title 18, United States Code, Section 1962, and property constituting, and derived from, proceeds which they obtained, directly and indirectly, from racketeering activity in violation of Title 18, United States Code, Section 1962, thereby making such property, or an amount of cash equivalent thereto, forfeitable to the United States of America pursuant to Title 18, United States Code, Sections 1963 (a) (1) and (a) (3) . The intent of the United States of America to forfeit such property includes, but is not limited to, the sum of $20,:000,000. Said defendants are jointly and severally liable to the United States for this amount.



34


Substitute Assets Provision

 

III. If any of the property described above as being subject to forfeiture, as a result of any act or omission of the defendants

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(c) has been placed beyond the jurisdiction of the court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be divided without difficulty; 


it is the intention of the United States, pursuant to Title 18, United States Code, Section 1963(m), to seek forfeiture of any other property of the defendants up to the value of the forfeitable property, including, but not limited to, the following property: (i) Any and all right, title, and interest held by PHILIP ABRAMO, the defendant, in the real property and appurtenances known as 215 Oxford Avenue, Saddle Brook, New Jersey.


35

 

(ii) Any and all right, title, and interest held by PHILIP ABRAMO, the defendant, in the real property and appurtenances known as 2 Horizon Road, PH #1, Fort Lee, New Jersey.

 

(iii) Any and all right, title, and interest held by CHARLES MAJURI, the defendant, in the real property and appurtenances known as 635 Ercama Street, Linden, New Jersey.

 

(iv) Any and all right, title, and interest held by FRANK POLIZZI, the defendant, in the real property and appurtenances known as 81 Jacobstown Road, Plumsted Township, New Jersey.

 

(v) Any and all right, title, and interest held by FRANK POLIZZI, the defendant, in the real property and appurtenances known as 24 River Road, Clifton, New Jersey.

 

(vi) Any and all right, title, and interest held by GREGORY RAGO, the defendant, in the real property and appurtenances known as 757 John F. Kennedy Boulevard, Bayonne, New Jersey. 

 

(vii) Any and all right, title, and interest held by STEFANO VITABILE, the defendant, in the real property and appurtenances known as 7 Holdman Place, Englishtown, New Jersey.

 

(viii) Any and all right, title, and interest held by BERNARD NICASTRO, the defendant, in the real property and appurtenances known as 252 Legendary Circle, Palm Beach Gardens,



36


Florida.

 

(ix) Any and all right, title, and interest held by JOHN RIGGI, the defendant, in the real property and appurtenances known as 1115 West Henry Street, Linden, New Jersey.

(Title 18, United States Code, Section 1963(a).)



______________     ______________
FOREPERSON         MARY JO WHITE
                                  United States Attorney


37

Illinois Police and Sheriff's News 1999-2005 All Rights reserved
Jim McGough & John J. Flood 
2615 W Peterson Av.
Chicago, Il 60659
773-878-1002 (tel)
773-409-1503 (efax)
 


Email Illinois Police and Sheriff's News

Email Jim McGough

 

 

IPSN  1997-2006 All Rights reserved. Not for republication on the internet without permission. 
webmaster