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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - -x
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| -v | : | | ARNOLD SQUITIERI, | : | | a/k/a “Zeke,” | | | a/k/a “Bozey,” | : | | a/k/a “Sylvester,” | | | ANTHONY MEGALE, | : | | a/k/a “Mac,” | | INDICTMENT | | a/k/a “Machiavelli,” | : | | | GREGORY DEPALMA, | | 05 Cr. 228 | | ALPHONSE SISCA, | : | | | a/k/a “Funzi,” | | | | LOUIS FILIPPELLI, | : | | | a/k/a “Bo,” | | | | ROBERT VACCARO, | : | | | NICHOLAS LASORSA, | | | | a/k/a “Nicky,” | : | | | THOMAS CACCIOPOLI, | | | | a/k/a “Tommy Sneakers,” | : | | | JOHN CAPRA, | | | | a/k/a “Hooks,” | : | | | PASQUALE DELUCA, | | | | a/k/a “Scop,” | : | | | CHRISTOPHER SUCARATO, | | | | JOSEPH FORNINO, | : | | | a/k/a “Joey Per Voi,” | | | | ROBERT PERSICO, | : | | | SAM NORDONE, | | | | ROBERT VACCARO, JR., | : | | | LEONARD MINUTO, SR., | | | | a/k/a “Lenny,” | : | | | LEONARD MINUTO, JR., | | | | a/k/a “Lenny,” | : | | | LOUIS NATRELLA, | | | | a/k/a “Little Louie,” | : | | | JOHN VACCARO, | | | | a/k/a “Popcorn,” | : | | | AL ALVAREZ, | | | | MARK DENUZIO, | : | | | JAMES VETRANO, | | | | PAUL OLIVERI, | : | | | FRANK BUSCEMI, | | | | a/k/a “Cheech,” | : | | | MICHAEL DEPALMA, | | |
| FRANK D’AGOSTINO,” | : | | a/k/a “Frankie D,” | | | THOMAS D’AGOSTINO, | : | | a/k/a “Tommy D,” | | | NEIL DELIETO, | : | | JUSTIN CARTISANO, | | | JOSEPH MORAY, | : | | ROBERT SANSEVERINO, | | | a/k/a “Bobby Phones,” and | : | | ALFRED LAFATA, JR., | | | : | | Defendants. | |
- - - - - - - - - - - - - - - - - x RACKETEERING CHARGES
COUNT ONE
Racketeering Violation The Grand Jury charges: The Enterprise
- At all times relevant to this Indictment, ARNOLD
SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, NICHOLAS LASORSA, a/k/a “Nicky,” CHRISTOPHER SUCARATO, JOSEPH FORNINO, a/k/a “Joey Per Voi,” ROBERT PERSICO, SAM NORDONE, and ROBERT VACCARO, JR., the defendants, and others known and unknown, were members and associates of the Gambino Organized Crime Family of La Cosa Nostra (the “Gambino Organized Crime Family”). The Gambino Organized Crime Family was a criminal organization whose members and associates engaged in numerous acts of violence and other
- crimes, including: murder; conspiracy to commit murder; attempted
murder; extortion; labor racketeering; the financing and making of extortionate extensions of credit and the collection of extensions of credit through extortionate means (commonly known as “loansharking”); robbery; money laundering; trafficking in counterfeit and stolen goods; and the operation of illegal gambling businesses.
- The Gambino Organized Crime Family, including itsleadership, membership, and associates, constituted an“enterprise,” as that term is defined in Title 18, United StatesCode, Section 1961(4) -- that is, a group of individualsassociated in fact, which was engaged in, and the activities ofwhich affected, interstate and foreign commerce. The GambinoOrganized Crime Family was an organized criminal group based inNew York City that operated in the Southern District of New Yorkand elsewhere and constituted an ongoing organization whosemembers functioned as a continuing unit for a common purpose ofachieving the objectives of the enterprise. The GambinoOrganized Crime Family was referred to by its members andassociates in various ways, including as a “cosa nostra,” a“Family,” and “this thing of ours.”
- The Gambino Organized Crime Family was part of a
nationwide criminal organization known by various names, including the “Mafia” and “La Cosa Nostra” (“LCN”), which
- operated through entities known as “Families.” The GambinoOrganized Crime Family took its name from one of its firstleaders, Carlo Gambino. In addition to the Gambino OrganizedCrime Family, five other Families operated in the New York Cityand New Jersey area, namely, the Genovese Organized Crime Familyof LCN, the Luchese Organized Crime Family of LCN, the ColomboOrganized Crime Family of LCN, the Bonanno Organized Crime Familyof LCN, and the Decavalcante Organized Crime Family of LCN.
- The Gambino Organized Crime Family operatedthrough groups of individuals known as “crews” and “regimes,”most of which were based in New York City. Each “crew” had asits leader a person known as a “Caporegime,” “Capo,” “Captain,”or “Skipper,” and consisted of “made” members, sometimes known as“Soldiers,” “wiseguys,” “friends of ours,” and “good fellows.” Soldiers were aided in their criminal endeavors by other trustedindividuals, known as “associates,” who sometimes were referredto as “connected” or identified as “with” a Soldier. Associatesparticipated in the various activities of the crew and itsmembers.
- Each Capo was responsible for supervising the
criminal activities of his crew and provided Soldiers and associates with support and protection. In return, the Capo
- typically received a share of the illegal earnings of each of his
crew’s Soldiers and associates, which was sometimes referred to as “tribute.”
- Above the Capos were the highest-ranking membersof the Gambino Organized Crime Family, commonly referred to asthe Administration. The head of the Gambino Organized CrimeFamily was known as the “Boss,” who was ordinarily assisted by an“Underboss” and a “Consigliere,” or counselor. The Boss,Underboss, and Consigliere were responsible for, among otherthings, setting policy, resolving disputes between and amongmembers of the Gambino Organized Crime Family, and resolvingdisputes between members of the Gambino Organized Crime Familyand members of other criminal organizations. The Administrationof the Gambino Organized Crime Family was also responsible foroverseeing the criminal activities of the Family’s Soldiers andassociates, and made decisions regarding those criminalendeavors.
- At various times relevant to this Indictment,members of the Gambino Organized Crime Family were temporarilyappointed to serve as Boss, Underboss, Consigliere, or Capo inplace of another member holding that position. Whenever thisoccurred, the member holding the temporary appointment wouldfunction in an “acting” capacity for the other member, whocontinued to hold the “official” position in the Family. In
- addition, at various times relevant to this Indictment, members
of the Gambino Organized Crime Family served on a committee or ruling panel, a group of high-ranking members of the Family who assisted and, at times, made decisions with, or on behalf of, the Boss and the Acting Boss of the Family.
- The Boss, Underboss, and Consigliere (whether
official or acting) and, at times, the members of the ruling panel, 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 and members of the ruling panel typically received part of the illegal earnings of each crew.
- While the overall structure of the GambinoOrganized Crime Family remained constant, the structure of theFamily’s Administration was sometimes adjusted to meet situations-- including particularly the incarceration of the Boss, ActingBoss, and other high-ranking members of the Family -- thatthreatened to impede the orderly operation and criminalactivities of the Gambino Organized Crime Family. Accordingly, following the incarceration of the Gambino Family’s Boss PeterGotti, in or about the second half of 2002, Gambino OrganizedCrime Family Underboss ARNOLD SQUITIERI became the Acting Boss ofthe Gambino Organized Crime Family. At or about the same time,
Gambino Organized Crime Family Soldier ANTHONY MEGALE assumed the position of Acting Underboss. In many respects, MEGALE operated as what is sometimes referred to as a “street boss” for SQUITIERI because of SQUITIERI’s concerns about meeting with other LCN members and associates while on parole for a prior narcotics conviction.
The Defendants
10. At all times relevant to this Indictment, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, NICHOLAS LASORSA, a/k/a “Nicky,” CHRISTOPHER SUCARATO, JOSEPH FORNINO, a/k/a “Joey Per Voi,” SAM NORDONE, ROBERT PERSICO, and ROBERT VACCARO, JR., the defendants, and Thomas Cacciopoli, a/k/a “Tommy Sneakers,” were members and associates of the enterprise, the Gambino Organized Crime Family. SQUITIERI, MEGALE, DEPALMA, SISCA, FILIPPELLI, VACCARO, LASORSA, SUCARATO, FORNINO, NORDONE, PERSICO, VACCARO, JR., and Cacciopoli participated in the operation and management of the enterprise as follows:
a. ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” was, at various times relevant to this Indictment, a Soldier, Underboss, and Acting Boss of the Gambino Organized Crime Family. After being released from prison in or
about March 1999, SQUITIERI was made Underboss of the GambinoOrganized Crime Family, the second highest-ranking position inthe Family, by John J. Gotti, the former Boss of the Family. Following the arrest of Gambino Family Boss Peter Gotti onracketeering charges in June 2002, SQUITIERI became Acting Bossof the Gambino Organized Crime Family, a position he has heldduring much of the time relevant to this Indictment. As ActingBoss, SQUITIERI was responsible for, among other things,supervising the illegal activities of all of the members andassociates of the Gambino Organized Crime Family and resolvingdisputes with other Organized Crime Families. In particular,SQUITIERI regularly received a portion of the proceeds generatedfrom the illegal activities of the Gambino Organized CrimeFamily. At the same time, SQUITIERI tried to avoid meeting withother LCN members and associates because of his concerns aboutlaw enforcement based, in part, on the fact that SQUITIERI iscurrently on parole as a result of a 1989 conviction fordistributing heroin. Notwithstanding these concerns, SQUITIERIhas met with, among others, ANTHONY MEGALE, GREGORY DEPALMA,ALPHONSE SISCA, and ROBERT VACCARO. Among SQUITIERI’s criminalactivities were participation in extortions, the interstatetransportation and receipt of stolen property, and the operationof an illegal gambling business. b. ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” was, at various times relevant to this Indictment,a Soldier and Acting Underboss in the Gambino Organized CrimeFamily. MEGALE became Acting Underboss of the Gambino OrganizedCrime Family at or about the time that ARNOLD SQUITIERI waselevated from Underboss to Acting Boss. In his capacity asActing Underboss, MEGALE was responsible for, among other things,supervising the illegal activities of the members and associatesof the Gambino Organized Crime Family, and resolving disputesbetween and among members and associates of the Gambino OrganizedCrime Family. MEGALE also received a portion of the proceedsfrom the Gambino Organized Crime Family’s illegal activities. Atvarious times relevant to the Indictment, MEGALE assumed directcontrol of certain of GREGORY DEPALMA’s illegal endeavors. Upthrough September 2004, MEGALE met regularly with DEPALMA andother members and associates of the Gambino Organized CrimeFamily to discuss various criminal activities. In September2004, MEGALE was arrested on separate Federal racketeeringcharges in the District of Connecticut, and was detained. Atsuch time, other members of the Gambino Organized Crime Familyassumed certain of MEGALE’s supervisory responsibilities. AmongMEGALE’s criminal activities were participation in extortions,the interstate transportation and receipt of stolen property, andthe operation of an illegal gambling business. c. GREGORY DEPALMA was, at various times relevant to this Indictment, a Soldier and Acting Capo in the Gambino Organized Crime Family. In January 1999, GREGORY DEPALMA was convicted of Federal racketeering charges in the United
States District Court for the Southern District of New York. Following his release from prison in or about February 2003,DEPALMA retained his position as Acting Capo in the GambinoOrganized Crime Family, the position he had held before hisearlier racketeering conviction. As Acting Capo, DEPALMAsupervised and profited from the illegal activities of theSoldiers and associates in his crew. Among DEPALMA’s criminalactivities were participation in extortions, loansharking, anassault with a deadly weapon, the interstate transportation andreceipt of stolen and counterfeit property, labor racketeering,insurance fraud, and the operation of illegal gamblingbusinesses. d. ALPHONSE SISCA, a/k/a “Funzi,” was, atvarious times relevant to this Indictment, a Soldier and Capo inthe Gambino Organized Crime Family. SISCA is a close confidanteof ARNOLD SQUITIERI and has attended meetings with other LCNmembers and associates on SQUITIERI’s behalf. Among SISCA’s criminal activities were participation in extortions and the operation of an illegal gambling business.
e. LOUIS FILIPPELLI, a/k/a “Bo,” was, at various
times relevant to this Indictment, an associate and Soldier in the Gambino Organized Crime Family. Following the arrest and
detention in September 2004 of Gambino Organized Crime Family Acting Underboss ANTHONY MEGALE, FILIPPELLI assumed some of MEGALE’s supervisory responsibilities. Among FILIPPELLI’s criminal activities were participation in extortions and the operation of an illegal gambling business.
f. ROBERT VACCARO was, at various times relevantto this Indictment, an associate and Soldier in the GambinoOrganized Crime Family. In or about August 2003, the GambinoFamily Administration placed VACCARO in DEPALMA’s crew. Thereafter, among other things, VACCARO delivered messagesbetween the Gambino Family Administration and DEPALMA. AmongVACCARO’s criminal activities were participation in extortions,loansharking, an assault with a deadly weapon, interstate transportation and receipt of stolen property, labor racketeering, and the operation of illegal gambling businesses.
- g.
- NICHOLAS LASORSA, a/k/a “Nicky,” was, at
various times relevant to this Indictment, a Soldier in the Gambino Organized Crime Family. Among LASORSA’s criminal activities were participation in extortions.
- h.
- CHRISTOPHER SUCARATO was, at various times
relevant to this Indictment, an associate in the Gambino Organized Crime Family. Among SUCARATO’s criminal activities were participation in extortions.
- i.
- JOSEPH FORNINO, a/k/a “Joey Per Voi,” was, at
various times relevant to this Indictment, an associate in the
Gambino Organized Crime Family. FORNINO owned the Pasta Per VoiRestaurant, in Port Chester, New York, where MEGALE, DEPALMA,VACCARO and other Gambino Organized Crime Family members andassociates met. Among FORNINO’s criminal activities wereloansharking, interstate transportation and receipt of stolenproperty, and operation of an illegal gambling business. - j.
- SAM NORDONE was, at various times relevant tothis Indictment, an associate in the Gambino Organized CrimeFamily. NORDONE ran the Sam Nordone & Sons’ Autobody Shop inLarchmont, New York. Among NORDONE’s criminal activities werethe interstate transportation and receipt of stolen property,labor racketeering, and insurance fraud.
- k.
- ROBERT PERSICO was, at various times relevant
to this Indictment, an associate in the Gambino Organized Crime Family. PERSICO operated a construction business in Westchester County, New York. Among PERSICO’s criminal activities were participation in an extortion and the interstate transportation and receipt of stolen property.
- l.
- ROBERT VACCARO, JR. was, at various timesrelevant to this Indictment, an associate in the GambinoOrganized Crime Family. VACCARO, JR. is the son of GambinoOrganized Crime Family Soldier ROBERT VACCARO. Among VACCARO,JR.’s criminal activities were labor racketeering and interstatetransportation and receipt of stolen property.
m. Thomas Cacciopoli was, at various times
relevant to this Indictment, a Soldier and Capo in the Gambino Organized Crime Family. Among Cacciopoli’s criminal activities were participation in extortions.
Purposes of the Enterprise
11. The purposes of the enterprise included the following:
- a.
- Enriching the leaders, members, and
associates of the enterprise through, among other things: (i) the extortionate control of businesses, labor unions, persons, and property through threats of physical and economic harm; (ii) the financing, extension, and collection of extortionate extensions of credit, commonly known as “loansharking”; (iii) the operation of illegal gambling businesses; (iv) the purchase, sale and receipt of stolen property and counterfeit goods; (v) theft; (vi) labor racketeering; and (vii) automobile insurance 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 leaders, members and associates by: (i) identifying the enterprise, its members, and its 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
12. Among the means and methods by which the defendants and other enterprise members and associates 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 and associates of the enterprise murdered, threatened to murder, and assaulted persons who engaged in activity that jeopardized (i) the power and criminal activities of the enterprise and the power and criminal activities of fellow LCN Families, (ii) the power of leaders of the enterprise, and (iii) the flow of criminal proceeds to the leaders of the enterprise.
- b.
- Members and associates of the enterprise
promoted a climate of fear in the community through threats of economic harm and violence.
- c.
- Members and associates of the enterprise
generated income for the enterprise through, among other things,
- (i)
- extortion; (ii) loansharking; (iii) the operation of illegal
gambling businesses, including a lucrative numbers operation;
- (iv)
- labor racketeering; (v) the purchase, sale, and receipt of
stolen property and counterfeit goods; (vi) theft; and (vii) automobile insurance fraud.
- d.
- Members and associates of the enterprise at
times engaged in criminal conduct or coordinated their criminal activities with leaders, members, and associates of other LCN Families. At other times, members and associates of the enterprise met with leaders, members and associates of other LCN Families to resolve disputes over their criminal activities.
- e.
- Members and associates of the enterprise usedvarious techniques to avoid law enforcement scrutiny of theenterprise’s criminal activities. Members and associates of theenterprise typically used coded language to make arrangements formeetings and to refer to other members and associates of theenterprise, met at surreptitious meeting locations, often insecluded or out-of-the-way areas, changed automobiles whentraveling to such meetings, and engaged in “walk and talks.” Inparticular, GREGORY DEPALMA, the defendant, frequently metmembers of his crew and other members and associates of theGambino Organized Crime Family and other LCN Families at theUnited Hebrew Geriatric Center, located in New Rochelle, NewYork, where DEPALMA’s son Craig, a Gambino Family soldier, is apatient. Members and associates of the enterprise also engagedin other evasive conduct, such as whispering and speaking inhushed tones in an effort to obstruct potential law enforcement
eavesdropping, and not specifying the names of those about whom they were speaking.
- f.
- Members and associates of the enterprise
attempted to identify and did identify individuals suspected of providing, or deemed likely to provide, information to law enforcement about the enterprise, its members and activities, and about other LCN Families.
- g.
- To conceal their receipt of money generated
from their criminal activities, members and associates of the enterprise concealed their ownership of various assets that were purchased with proceeds of their criminal activities.
The Racketeering Violation
13. From at least in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, NICHOLAS LASORSA, a/k/a “Nicky,” CHRISTOPHER SUCARATO, JOSEPH FORNINO, a/k/a “Joey Per Voi,” SAM NORDONE, ROBERT PERSICO, and ROBERT VACCARO, JR., the defendants, and others known and unknown, being persons employed by and associated with the racketeering enterprise described in Paragraphs 1 through 12 above, namely, the Gambino Organized Crime 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), that is, through the commission of the following racketeering acts:
The Pattern of Racketeering
14. 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 – Extortion Of The Owner Of A Restaurant In Greenwich, Connecticut
15. 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 1998, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, and NICHOLAS LASORSA, a/k/a “Nicky,” the defendants, and 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 money and property from and with the consent of another person, to wit, the owner and operator of a restaurant in Greenwich, Connecticut, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
b. From in or about 1998, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO and NICHOLAS LASORSA, a/k/a “Nicky,” the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another, to wit, the owner and operator of a restaurant in Greenwich, Connecticut, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Two – Extortion Of A Construction Company Located In Mineola, New York
16. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Two:
a. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a construction company in Mineola, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
b. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a construction company in Mineola, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Three – Extortion Of Victim #1
17. The defendants named below committed the following acts of racketeering, any one of which alone constitutes commission of Racketeering Act Three:
- a.
- From in or about June 2003, up through and
including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” ALPHONSE SISCA, a/k/a “Funzi,” GREGORY DEPALMA, ROBERT VACCARO, and CHRISTOPHER SUCARATO, the defendants, and 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 money and property from and with the consent of another person, to wit, Victim #1, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
- b.
- From in or about June 2003, up through and
including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” ROBERT VACCARO, and CHRISTOPHER SUCARATO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another, to wit, Victim #1, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Four – Extortion Of A Trucking Company Located In New Jersey
18. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Four:
a. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a trucking company in New Jersey, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
b. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a trucking company in New Jersey, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement
of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Five – Extortion Of A Construction Company Located In Weschester County, New York
19. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Five:
a. From in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT PERSICO, the defendants, and 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 money and property from and with the consent of another person, to wit, the owners and operators of a construction company located in Westchester County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
b. From in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT PERSICO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another, to wit, the owners and operators of a construction company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Six – Extortion Of A Nightclub Owner In The Bronx, New York
20. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Six:
- a.
- From in or about February 1998, up through
and including in or about March 2005, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” NICHOLAS LASORSA, a/k/a “Nicky,” and CHRISTOPHER SUCARATO, the defendants, and 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 money and property from and with the consent of another person, to wit, the owner and operator of nightclubs in the Bronx, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
- b.
- From in or about February 1998, up through
and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” NICHOLAS LASORSA, a/k/a “Nicky,” and CHRISTOPHER SUCARATO, the
defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another person, to wit, the owner and operator of nightclubs in the Bronx, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Seven – Extortion Of A New York City Radio Station
21. The defendants named below committed the following acts of racketeering, any one of which alone constitutes the commission of Racketeering Act Seven:
a. From in or about July 2003, up through and including in or about October 2003, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and LOUIS FILIPPELLI, a/k/a “Bo,” the defendants, and 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 property from and
with the consent of other persons, to wit, the employees, contractors, and agents of a New York City radio station, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
b. From in or about July 2003, up through and including in or about October 2003, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and LOUIS FILIPPELLI, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining property from and with the consent of others, to wit, the employees, contractors and agents of a New York City radio station, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Eight – Extortion Of A Second Construction Company Located In Westchester County, New York
22. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Eight:
- a.
- From in or about September 2003, up through
and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a second construction company in Westchester County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
- b.
- From in or about September 2003, up through
and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a second construction company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Nine – Extortion Of A Third Construction Company Located In Westchester County, New York
23. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Nine:
a. From in or about June 2004, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of another person, to wit, the owner and operator of a third construction company in Westchester County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
b. From in or about June 2004, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another person, to wit, the owner and operator of a third construction company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Ten – Attempted Extortion Of A Construction Company Located In Rockland County, New York
24. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Ten:
- a.
- From in or about July 2004, up through and
including in or about August 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a construction company in Rockland County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
- b.
- From in or about July 2004, up through and
including in or about August 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did attempt to commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by attempting to obtain money and property from and with the consent of others, to wit, the owners and operators of a construction company in Rockland County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Eleven – Extortion Of A Concrete Company Located In Westchester County, New York
25. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Eleven:
a. From in or about August 2003, up through and including in or about May 2004, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a concrete company in Westchester County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Section 1951.
b. From in or about August 2003, up through and including in or about May 2004, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a concrete company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in
Title 18, United States Code, Section 1951(b)(3), in violation of Title 18, United States Code, Sections 1951 and 2.
Racketeering Act Twelve – Illegal Gambling (The Illegal Numbers Operation)
26. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Twelve:
Operation Of An Illegal Numbers Business
a. From at least in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, 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, an illegal numbers operation, in violation of New York State Penal Law Sections 225.00 and 225.10,
and 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 remained in substantially continuous operation for a period in excess of thirty days and had gross revenues of $2,000 in a single day, in violation of Title 18, United States Code, Sections 1955 and 2.
Illegal Numbers
b. From in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly advanced and profited from unlawful gambling activity by receiving in connection with a lottery and policy scheme and enterprise more than $500 in a day of money played in such scheme and enterprise, in violation of New York State Penal Law Sections
225.00 and 225.10(2).
Racketeering Act Thirteen - Collection Of Extensions of Credit through Extortionate Means
27. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Thirteen:
a. From in or about February 2004, up throughand including in or about October 2004, in the Southern Districtof New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO andJOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and othersknown and unknown, unlawfully, willfully, and knowingly combined,conspired, confederated, and agreed together and with each otherto 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 a person for the nonrepayment of said extensions of credit, to wit, DEPALMA, VACCARO, FORNINO, and others agreed to, and did, threaten physical violence and other harm if Victim #2 did not make prompt repayment of various loans and other debts, in violation of Title 18, United States Code, Section 894.
b. From in or about February 2004, up through and including in or about October 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO and JOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and others known and unknown, unlawfully, willfully, and knowingly used 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 a person for the nonrepayment of such extensions of credit, to wit, DEPALMA, VACCARO, FORNINO, and others threatened Victim #2 with physical violence and other harm if he did not make prompt repayment of various loans and other debts, in violation of Title 18, United States Code, Sections 894 and 2.
Racketeering Act Fourteen – Loansharking
28. From in or about October 2003, up through and including in or about August 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA, the defendant, and
others known and unknown, unlawfully, willfully, and knowingly made an extortionate extension of credit, as that term is defined in Title 18, United States Code, Section 891, to wit, a loan of $10,000 to Robert Sanseverino, a/k/a “Bobby Phones,” in violation of Title 18, United States Code, Sections 891, 892 and 2.
Racketeering Act Fifteen – Interstate Transportation And Receipt Of Stolen Property (Jewelry And Watches)
29. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Fifteen:
- a.
- From in or about May 2003, up through and
including in or about March 2005, in the Southern District of New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO and ROBERT PERSICO, the defendants, and others known and unknown, unlawfully, willfully and knowingly did transport, transmit, and transfer in interstate commerce, goods, wares and merchandise, to wit, assorted watches and jewelry, having a value in excess of $5,000, which the defendants believed had been stolen, converted and taken by fraud, in violation of Title 18, United States Code, Sections 2314, 21 and 2.
- b.
- From in or about May 2003, up through and
including in or about March 2005, in the Southern District of New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO and ROBERT PERSICO, the defendants, and others known and unknown,
unlawfully, willfully and knowingly did receive, possess, conceal, store, barter, sell, and dispose of goods, wares and merchandise, namely, assorted watches and jewelry, having a value in excess of $5,000, which the defendants believed had crossed a State boundary after being stolen, unlawfully converted, and taken, believing the same to have been stolen, unlawfully converted, and taken, in violation of Title 18, United States Code, Sections 2315, 21 and 2.
Racketeering Act Sixteen – Interstate Transportation And Receipt Of Stolen Goods (Televisions)
30. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Sixteen:
a. From in or about January 2004, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, JOSEPH FORNINO, and ROBERT VACCARO, JR., the defendants, and others known and unknown, unlawfully, willfully, and knowingly did transport, transmit, and transfer, in interstate and foreign commerce, goods, wares, and merchandise, having a value in excess of $5,000, to wit, flat-screen televisions, which the defendants believed had been stolen, converted and taken by fraud, in
violation of Title 18, United States Code, Sections 2314, 21 and
2.
b. From in or about January 2004, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, JOSEPH FORNINO, and ROBERT VACCARO, JR., the defendants, and others known and unknown, unlawfully, willfully and knowingly did receive, possess, conceal, store, barter, sell, and dispose of goods, wares and merchandise, namely, flat-screen televisions, having a value in excess of $5,000, which the defendants believed had crossed a State boundary after being stolen, unlawfully converted, and taken, believing the same to have been stolen, unlawfully converted, and taken, in violation of Title 18, United States Code, Sections 2315, 21 and 2.
Racketeering Act Seventeen – Interstate Transportation Of Stolen Automobiles
31. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Seventeen:
a. From in or about October 2003, up through and including in or about February 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA, SAM NORDONE and ROBERT PERSICO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did transport in interstate commerce motor vehicles, including BMW and Cadillac automobiles, knowing the same to have been stolen, in violation of Title 18, United States Code, Sections 2312 and 2.
b. From in or about October 2003, up through and including in or about February 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA, SAM NORDONE, and ROBERT PERSICO, the defendants, and others known and unknown, unlawfully, willfully and knowingly received, possessed, concealed, stored, bartered, sold, and disposed of motor vehicles, including BMW and Cadillac automobiles, which had crossed a State boundary after being stolen, knowing the same to have been stolen, in violation of Title 18, United States Code, Sections 2313 and 2.
Racketeering Act Eighteen – Illegal Gambling (Operation Of Illegal High-Stakes Super Bowl Betting Pools)
32. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Eighteen:
Operation Of High-Stakes Super Bowl Betting Pools
a. From at least in or about December 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, GREGORY DEPALMA and JOSEPH FORNINO, a/k/a “Joey Per Voi,” 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, high-stakes Super Bowl betting pools conducted at various commercial establishments, which grossed in excess of approximately $150,000, in violation of New York State Penal Law Sections 225.00 and 225.10, and 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 remained in substantially continuous operation for a period in excess of thirty days and had gross revenues of $2,000 in a single day, in violation of Title 18, United States Code, Sections 1955 and 2.
b. From in or about December 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, GREGORY DEPALMA and JOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and others known and unknown, unlawfully, willfully, and knowingly advanced and profited from unlawful gambling activity by engaging in bookmaking, namely, the operation of illegal high-stakes Super Bowl betting pools, to the extent that they received and accepted in one day more than five bets totaling more than $5,000, in violation of New York State Penal Law Sections 225.00 and 225.10(1).
Racketeering Act Nineteen – Illegal Gambling (Operation Of An Illegal Sports Betting Business)
33. From in or about October 2004, up through and including in or about December 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, being engaged in the business of betting and wagering, unlawfully, willfully, and knowingly did use a wire communication facility, namely the telephone assigned (866) 888-6555, for the transmission in interstate and foreign commerce of bets, wagers, and information assisting in the placing of bets and wagers on sporting events and contests, and for the transmission of wire communications which did entitle the recipient to receive money and credit as a result of bets and wagers, and for information assisting in the placing of bets and wagers, in violation of Title 18, United States Code, Sections 1084 and 2.
Racketeering Act Twenty – Unlawful Acquisition Of Medical Benefits From United Food and Commercial Workers’ Union, Local 305
34. The defendants named below committed the following acts of racketeering, either one of which alone constitutes the commission of Racketeering Act Twenty:
Union Embezzlement
a. From in or about April 2003, up through and including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and ROBERT VACCARO, JR., the defendants, and others known and unknown, unlawfully, willfully, and knowingly embezzled, stole, abstracted, and converted to their own use, and to the use of another, moneys, funds, securities, premiums, credits, property, and other assets of an employee welfare benefit plan and employee pension benefit plan, as that term is defined in Title 18, United States Code, Section 664, and of a fund connected therewith, namely, employer contributions owed to the pension, health and insurance benefit funds of the United Food and Commercial Workers, Local 305 (“Local 305"), in violation of Title 18, United States Code, Sections 664 and 2.
Mail Fraud
b. From in or about April 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and ROBERT VACCARO, JR., the defendants, and others known and unknown, unlawfully, willfully, and knowingly, 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 to do so, did place in a post office and authorized depository for mail matter a matter and thing to be sent and delivered by the United States
Postal Service, and did take and receive therefrom, such matter and thing, and did cause such matter and thing 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, to wit, the defendants and others fraudulently obtained medical benefits from Local 305 by falsely claiming to be employed by an employer who had entered into a collective bargaining agreement with Local 305, during the course of which scheme Local 305 mailed statements and other information to the
defendants, in violation of Title 18, United States Code,
Sections 1341 and 2.
Racketeering Act Twenty-One – Insurance Fraud Resulting From The Staged Theft of a Ford Thunderbird Automobile
35. From in or about May 2004, up to and including in or about July 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA and SAM NORDONE, the defendants, and others known and unknown, unlawfully, willfully, and knowingly, 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 to do so, did place in a post office and authorized depository for mail matter a matter and thing to be sent and delivered by the United States Postal Service, and did take and receive therefrom, such matter and thing, and did cause such matter and thing 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, to wit, DEPALMA, NORDONE, and others filed an insurance claim with State Farm Insurance Company falsely
stating that a 2004 Ford Thunderbird had been stolen, during the course of which scheme State Farm caused mailings to be made to
the person who filed the claim, in violation of Title 18, United
States Code, Sections 1341 and 2.
Racketeering Act Twenty-Two – Trafficking In Items Bearing Counterfeit Marks
36. From in or about September 2003, up to and including in or about March 2005, in the Southern District of New York and elsewhere, GREGORY DEPALMA, the defendant, and others known and unknown, unlawfully, intentionally, and knowingly trafficked, and attempted to traffic, in goods and used counterfeit marks on and in connection with such goods, to wit, GREGORY DEPALMA and others distributed merchandise bearing counterfeit trademarked designs, in violation of Title 18, United States Code, Sections 2320 and 2.
(Title 18, United States Code, Section 1962(c).)
COUNT TWO
The Racketeering Conspiracy The Grand Jury further charges:
- Paragraphs 1 through 12 and 14 through 36 of this
Indictment are repeated and realleged and incorporated by reference as though fully set forth herein.
- From in or about the early 1990s, up through and
including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, NICHOLAS LASORSA, a/k/a “Nicky,” CHRISTOPHER SUCARATO, JOSEPH FORNINO, a/k/a “Joey Per Voi,” ROBERT PERSICO, SAM NORDONE, and ROBERT VACCARO, JR., the defendants, and others known and unknown, being persons employed by and associated with the racketeering enterprise described in Paragraphs 1 through 12 above, namely, the Gambino Organized Crime 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 conduct of the affairs of that enterprise through a pattern of racketeering
activity, as that term is defined in Title 18, United StatesCode, Sections 1961(1) and 1961(5), which pattern is set forthmore fully in paragraphs 14 through 36 above, as RacketeeringActs One through Twenty-Two. It was a further part and an objectof the conspiracy that each defendant agreed that a conspiratorwould commit at least two acts of racketeering activity in theconduct of the affairs of the enterprise. (Title 18, United States Code, Section 1962(d).)
VIOLENT CRIME IN AID OF RACKETEERING
COUNT THREE
(Assault of Victim #3 In Aid of Racketeering)
The Grand Jury further charges:
- At all times relevant to this Indictment, the
Gambino Organized Crime Family, as more fully described in Paragraphs 1 through 12 of this Indictment, which are repeated, realleged, and incorporated by reference as though set forth fully herein, constituted an "enterprise," as that term is defined in Title 18, United States Code, Section 1959(b)(2), that is, a group of individuals associated in fact, although not a legal entity, which was engaged in, and the activities of which affected, interstate and foreign commerce.
- At all times relevant to this Indictment, the
above-described enterprise, through its members and associates, engaged in racketeering activity, as that term is defined in
- Title 18, United States Code, Sections 1959(b)(1) and 1961(1),
namely, acts indictable under Title 18, United States Code, Section 1951 (extortion), acts indictable under Title 18, United States Code, Section 894 (extortionate collection of debts), acts indictable under Title 18, United States Code, Section 892 (making of extortionate extensions of credit), acts indictable under Title 18, United States Code, Sections 1084 and 1955 (illegal gambling business), acts indictable under Title 18, United States Code, Sections 2312, 2313, 2314, and 2315 (sale, purchase, transportation and possession of stolen property), acts indictable under Title 18, United States Code, Section 2320 (trafficking in counterfeit goods), and acts involving illegal gambling, in violation of New York State Penal Law.
- In or about February 2005, in the Southern
District of New York and elsewhere, for the purpose of maintaining and increasing their positions in the Gambino Organized Crime Family, an enterprise engaged in racketeering activity, GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did assault Victim #3 with a deadly weapon, to wit, DEPALMA and VACCARO struck Victim #3 over the head with a deadly weapon, resulting in serious head injuries to Victim #3, in violation of New York State Penal Law, Sections 120.05(1) and (2), and 20.00.
(Title 18, United States Code, Sections 1959(a)(3) and 2.)
COUNT FOUR
(Conspiracy To Extort The Owner Of A Restaurant Located In Greenwich, Connecticut)
The Grand Jury further charges:
42. From in or about 1998, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, and NICHOLAS LASORSA, a/k/a “Nicky,” the defendants, and 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 money and property from and with the consent of another person, to wit, the owner and operator of a restaurant in Greenwich, Connecticut, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT FIVE
(Extortion Of The Owner Of A Restaurant Located In Greenwich, Connecticut)
The Grand Jury further charges:
43. From in or about 1998, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO and NICHOLAS LASORSA, a/k/a “Nicky,” the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another, to wit, the owner and operator of a restaurant in Greenwich, Connecticut, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT SIX
(Conspiracy To Extort A Construction Company Located In Mineola, New York)
The Grand Jury further charges:
44. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” THOMAS CACCIOPOLI, a/k/a “Tommy Sneakers,” and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a construction company in Mineola, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT SEVEN
(Extortion Of A Construction Company Located In Mineola, New York)
The Grand Jury further charges:
45. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” THOMAS CACCIOPOLI, a/k/a “Tommy Sneakers,” and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a construction company in Mineola, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT EIGHT
(Conspiracy To Extort A Construction Company Located In Staten Island, New York)
The Grand Jury further charges:
46. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” and THOMAS CACCIOPOLI, a/k/a “Tommy Sneakers,” the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a construction company in Staten Island, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT NINE
(Extortion Of A Construction Company Located In Staten Island, New York)
The Grand Jury further charges:
47. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” and THOMAS CACCIOPOLI, a/k/a “Tommy Sneakers,” the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a construction company in Staten Island, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT TEN
(Conspiracy To Extort Victim #1) The Grand Jury further charges:
48. From in or about June 2003, up through and including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” ALPHONSE SISCA, a/k/a “Funzi,” GREGORY DEPALMA, ROBERT VACCARO, CHRISTOPHER SUCARATO, and FRANK D’AGOSTINO, a/k/a “Frankie D,” the defendants, and 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 money and property from and with the consent of another person, to wit, Victim #1, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT ELEVEN
(Extortion Of Victim #1) The Grand Jury further charges:
49. From in or about June 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
ROBERT VACCARO, CHRISTOPHER SUCARATO, and FRANK D’AGOSTINO, a/k/a “Frankie D,” the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another, to wit, Victim #1, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT TWELVE
(Conspiracy To Extort A Trucking Company Located In New Jersey)
The Grand Jury further charges:
50. From in or about September 2003, up through and including in or about February 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a trucking company in New Jersey, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT THIRTEEN
(Extortion Of A Trucking Company Located In New Jersey) The Grand Jury further charges:
51. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a trucking company in New Jersey, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and
thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2).
COUNT FOURTEEN
(Conspiracy To Extort A Construction Company Located In Westchester County, New York)
The Grand Jury further charges:
52. From in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT PERSICO, the defendants, and 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 money and property from and with the consent of another person, to wit, the owners and operators of a construction company located in Westchester County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3). (Title 18, United States Code, Section 1951.)
COUNT FIFTEEN
(Extortion Of A Construction Company Located In Westchester County, New York)
The Grand Jury further charges:
53. From in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT PERSICO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another, to wit, the owners and operators of a construction company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT SIXTEEN
(Conspiracy To Extort A Nightclub Owner In The Bronx, New York)
The Grand Jury further charges:
54. From in or about February 1998, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” NICHOLAS LASORSA, a/k/a “Nicky,” and CHRISTOPHER SUCARATO, the defendants, and 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 money and property from and with the consent of another person, to wit, the owner and operator of nightclubs in the Bronx, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT SEVENTEEN
(Extortion Of A Nightclub Owner In The Bronx, New York) The Grand Jury further charges:
55. From in or about February 1998, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” NICHOLAS LASORSA, a/k/a “Nicky,” and CHRISTOPHER SUCARATO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another person, to wit, the owner and operator of nightclubs in the Bronx, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT EIGHTEEN
(Conspiracy to Extort A New York City Radio Station) The Grand Jury further charges:
56. From in or about July 2003, up through and including in or about October 2003, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, and JOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and 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 property from and with the consent of other persons, to wit, the employees, contractors, and agents of a New York City radio station, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT NINETEEN
(Extortion Of A New York City Radio Station)
The Grand Jury further charges:
57. From in or about July 2003, up through and including in or about October 2003, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, ROBERT VACCARO, and JOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining property from and with the consent of others, to wit, the employees, contractors and agents of a New York City radio station, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT TWENTY
(Conspiracy To Extort A Second Construction Company Located In Westchester County, New York)
The Grand Jury further charges:
58. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a second construction company in Westchester County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT TWENTY-ONE
(Extortion Of A Second Construction Company Located In Westchester County, New York)
The Grand Jury further charges:
59. From in or about September 2003, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a second construction company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT TWENTY-TWO
(Conspiracy To Extort A Third Construction Company Located In Westchester County, New York)
The Grand Jury further charges:
60. From in or about June 2004, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of another person, to wit, the owner and operator of a third construction company in Westchester County, New York, which consent would have
been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3)
(Title 18, United States Code, Section 1951.)
COUNT TWENTY-THREE
(Extortion Of A Third Construction Company Located In Westchester County, New York)
The Grand Jury further charges:
61. From in or about June 2004, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of another person, to wit, the owner and operator of a third construction company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3). (Title 18, United States Code, Sections 1951 and 2.)
COUNT TWENTY-FOUR
(Conspiracy To Extort A Construction Company Located In Rockland County, New York)
The Grand Jury further charges:
62. From in or about July 2004, up through and including in or about August 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and NEIL DELIETO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a construction company in Rockland County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT TWENTY-FIVE
(Attempted Extortion Of A Construction Company Located In Rockland County, New York)
The Grand Jury further charges:
63. From in or about July 2004, up through and including in or about August 2004, in the Southern District of New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and NEIL DELIETO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did attempt to commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by attempting to obtain money and property from and with the consent of others, to wit, the owners and operators of a construction company in Rockland County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT TWENTY-SIX
(Conspiracy To Extort A Concrete Company Located In Westchester County, New York)
The Grand Jury further charges:
64. From in or about August 2003, up through and including in or about May 2004, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and 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 money and property from and with the consent of other persons, to wit, the owners and operators of a concrete company in Westchester County, New York, which consent would have been and was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby would and did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)
COUNT TWENTY-SEVEN
(Extortion Of A Concrete Company Located In Westchester County, New York)
The Grand Jury further charges:
65. From in or about August 2003, up through and including in or about May 2004, in the Southern District of New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the defendants, and others known and unknown, unlawfully, willfully, and knowingly did commit extortion, as that term is defined in Title 18, United States Code, Section 1951(b)(2), by obtaining money and property from and with the consent of others, to wit, the owners and operators of a concrete company in Westchester County, New York, which consent was induced by the wrongful use of actual and threatened force, violence, and fear, and thereby did obstruct, delay, and affect commerce and the movement of articles and commodities in commerce, as that term is defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)
COUNT TWENTY-EIGHT
(Conspiracy To Operate An Illegal Numbers Business)
The Grand Jury further charges:
- From in or about the early 1990s, up through and
including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
- “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, LEONARD MINUTO, SR., a/k/a “Lenny,” LEONARD MINUTO, JR., a/k/a “Lenny,” LOUIS NATRELLA, a/k/a “Little Louie,” FRANK BUSCEMI, a/k/a “Cheech,” JOHN VACCARO, a/k/a “Popcorn,” and PAUL OLIVERI, the defendants, and 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 violate Title 18, United States Code, Section 1955.
- It was a part and an object of said conspiracy
that ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, LEONARD MINUTO, SR., a/k/a “Lenny,” LEONARD MINUTO, JR., a/k/a “Lenny,” LOUIS NATRELLA, a/k/a “Little Louie,” FRANK BUSCEMI, a/k/a “Cheech,” JOHN VACCARO, a/k/a “Popcorn,” and PAUL OLIVERI, the defendants, and others known and unknown, unlawfully, willfully and knowingly would and did conduct, finance, manage, supervise, direct, and own all and part of an illegal gambling business, namely, an illegal numbers operation, in violation of New York State Penal Law, Sections
225.00 and 225.10, and which business would and did involve five
and more persons who conducted, financed, managed, supervised, directed, and owned all and part of it, and which business would and did remain in substantially continuous operation for a period in excess of thirty days and have gross revenues of $2,000 in a single day, in violation of Title 18, United States Code, Section 1955.
Overt Acts
68. In furtherance of said conspiracy and to effect the illegal object thereof, the following overt acts, among others, were committed:
- a.
- In or about April 2004, GREGORY DEPALMA met
LEONARD MINUTO, JR. in Westchester County, New York.
- b.
- On or about April 5, 2004, ROBERT VACCARO
spoke on the telephone with JOHN VACCARO.
- c.
- On or about June 4, 2004, DEPALMA met with
ROBERT VACCARO and LEONARD MINUTO, SR. in Westchester County, New York.
- d.
- On or about August 31, 2004, an individual
(“Individual #1") met FRANK BUSCEMI, a/k/a “Cheech,” at a location in Westchester County, New York.
- e.
- On or about September 22, 2004, DEPALMA,
VACCARO and ALPHONSE SISCA, a/k/a “Funzi,” met at a restaurant in Manhattan.
- f.
- On or about November 10, 2004, DEPALMA,
VACCARO and LOUIS NATRELLA, a/k/a “Little Louie,” met in Westchester County, New York.
- g.
- On or about December 12, 2004, PAUL OLIVERI
met LOUIS NATRELLA at 744A Morris Park Avenue, in the Bronx, New York.
h. On or about January 25, 2005, DEPALMA met
LOUIS FILIPPELLI at a location in Westchester County, New York. (Title 18, United States Code, Section 371.) COUNT TWENTY-NINE
(Operation Of An Illegal Numbers Business) The Grand Jury further charges:
69. From at least in or about the early 1990s, up through and including in or about March 2005, in the Southern District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, LEONARD MINUTO, SR., a/k/a “Lenny,” LEONARD MINUTO, JR., a/k/a “Lenny,” LOUIS NATRELLA, a/k/a “Little Louie,” FRANK BUSCEMI, a/k/a “Cheech,” JOHN VACCARO, a/k/a “Popcorn,” and PAUL OLIVERI, 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, an illegal numbers operation, in
violation of New York State Penal Law Sections 225.00 and 225.10,
and 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 remained in substantially continuous operation for a period in excess of thirty days and had gross revenues of $2,000 in a single day.
(Title 18, United States Code, Sections 1955 and 2.)
COUNT THIRTY
(Conspiracy To Operate An Illegal Numbers Business – Genovese Organized Crime Family)
The Grand Jury fur |