5K Memo


SALVATORE VITALE'S 5K LETTER (the complete text)


A federal prosecutor will send a 5K letter or memo to a court to indicate that a defendant has cooperated.

It is the most powerful sentencing-reduction tool available.

We found a fascinating blog written by a former Assistant United States Attorney:
It takes ‘substantial’ assistance to get a 5K. ... 
Typical, cooperation is substantial if it results in the prosecution of someone the Government doesn’t already know about.

Read more about it here



 GDA:JB F.#2000R02722
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA

- against - 02 CR 307 (NGG)

SALVATORE VITAL

Defendant.

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GOVERNMENT’S MOTION FOR DOWNWARD DEPARTURE PURSUANT TO SECTION 5K1.1 and 18 U.S.C. 3553(s)

(FILED UNDER SEAL)

LORETTA E. LYNCH United States Attorney Eastern District of New York 271 Pierrepont Plaza East Brooklyn, New York 11201

GREG D. ANDRES JOHN BURETTA Assistant United States Attorneys (Of Counsel)

Case 1:02-cr-00307-NGG Document 989 Filed 10/26/10 Page 1 of 128

Table of Contents

PRELIMINARY STATEMENT.....................1

BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . 10

I. Education and Employment History . . . . . . . . . 10

II. The Bonanno Organized Crime Family . . . . . . . . 10

III. Prior Arrests and Prosecution . . . . . . . . . . . 11

A. United States v. Massino & Vitale 81 CR 03 (RWS)(SDNY) . . . . . . . . . . . . . 12

B. United States v. Vitale, 01 CR 283 (ADS) . . . . . . . . . . . . . . . 12

C. United States v. Massino, et. al, 02 CR 307 (NGG) . . . . . . . . . . . . . . . 13

VITALE’S COOPERATION . . . . . . . . . . . . . . . . . . . . 17

I. Intelligence & Related Information . . . . . . . . 17

A. The Murders/Murder Conspiracies And Attempted Murders . . . . . . . . . . . . 18

1. Murder of Vito Borelli (1976) . . . . . . 19

2. Murder of Joseph “Doo Doo” Pastore (1976) 19

3. Indelicato, Giaccone and Trinchera Murders (Three Captains Murder) And Bruno Indelicato Murder Conspiracy (1981) . . . 20

4. Murder of Dominick “Sonny Black” Napolitano (1981) . . . . . . . . . . . . 23

5. Murder of Anthony Mirra (1982) . . . . . 24

6. Giliberti Attempted Murder (1982) . . . . 24

7. Murder of Enrico Mazzeo (1983) . . . . . 25

8. Murder of Caesar Bonventre (1984) . . . . 25

9. Attempted Murder of David Nunez (1985) . 26

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10. Murders of Robert Capasio and Joseph Platia (1986) . . . . . . . . . . 27

11. Murder of Gabriel Infanti (1987) . . . . 28

12. Murder of Gerard Guarino (1989) . . . . . 29

13. Murder of Anthony Tomasulo (1992) . . . . 29

14. Murder of Russell Mauro (1991) . . . . . 30

15. Murder of Sammy DiFalco (1992) . . . . . 31

16. Murder of Robert Perrino (1992) . . . . . 31

17. Murder of Thomas and Rosemary Uva (1992) 32

18. Murder of Gerlando Sciascia (1999) . . . 33

19. Murder of William Cutolo (1999) . . . . . 33

20. Murder of Frank Santoro (2001) . . . . . 34

B. Search Warrants and Wiretaps . . . . . . . . . 35

1. Perrino Body Search . . . . . . . . . . . 35

2. Three Captains Body Search . . . . . . . 36

3. Wiretaps . . . . . . . . . . . . . . . . 36

II. Bonanno Organized Crime Family Prosecutions . . . . . . . . . . . . . . . . . . . 37

A. United States v. Cosoleto/Massino, et al., 02 CR 307 (NGG) . . . . . . . . . . . . . . . 38

1. The Pled Defendants . . . . . . . . . . . 39

a. Robert Lino . . . . . . . . . . . . 39

b. Daniel Mongelli . . . . . . . . . . 40

c. Ronald Filocomo . . . . . . . . . . 40

2. Massino Trial . . . . . . . . . . . . . . 41

ii

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B. United States v. Basciano and DeFilippo, et al., 03 CR 929 (NGG) (“Basciano I”) . . . . 45

1. The Pled Defendants . . . . . . . . . . . 46

a. Joseph Massino . . . . . . . . . . . 47

b. Anthony Donato . . . . . . . . . . . 48

c. Anthony Frascone . . . . . . . . . . 49

d. Emanuel Guaragna . . . . . . . . . . 49

e. Johnny Joe Spirito . . . . . . . . . 49

2. Basicano and DeFilippo Trial . . . . . . 50

a. Basciano & DeFilippo Trial . . . . . 51

b. Basciano Retrial . . . . . . . . . . 55

C. United States v. Urso, et. al, 03 CR 1382 (NGG) . . . . . . . . . . . . . . 58

1. The Pled Defendants . . . . . . . . . . 70

a. Anthony Urso . . . . . . . . . . . 70

b. Joseph Cammarano . . . . . . . . . 71

c. Louis Attanasio . . . . . . . . . . 72

d. Peter Calabrese . . . . . . . . . . 73

e. Joseph DeSimone . . . . . . . . . . 74

f. Robert Attanasio . . . . . . . . . 75

g. Anthony Furino . . . . . . . . . . 76

h. Michael Cardello . . . . . . . . . 77

i. Louis Restivo . . . . . . . . . . . 78

j. Sandro Aiosa . . . . . . . . . . . 79

k. Peter Cosoleto . . . . . . . . . . 79

iii

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l. Joseph DiStefano . . . . . . . . . 80

m. Gino Galestro . . . . . . . . . . . 80

n. Anthony Navarra . . . . . . . . . . 80

o. Philip Navarra . . . . . . . . . . 81

p. John Palazzolo . . . . . . . . . . 81

q. Richard Riccardi . . . . . . . . . 83

r. Vito Rizzuto . . . . . . . . . . . 83

s. Joseph Sabella . . . . . . . . . . 84

t. Joseph Torre . . . . . . . . . . . 84

u. Patrick Romanello . . . . . . . . . 85

v. Michele Sottile . . . . . . . . . . 86

2. Trial Defendants . . . . . . . . . . . . 87

a. Baldassare Amato . . . . . . . . . . 88

b. Steve LoCurto . . . . . . . . . . . 90

c. Anthony Basile . . . . . . . . . . . 92

D. United States v. Basciano/Mancuso, et al., 05 CR 060 (NGG) (“Basciano II”) . . . . . . . 93

1. The Pled Defendants . . . . . . . . . . . 94

a. Michael Mancuso . . . . . . . . . . 94

b. Anthony Indelicato . . . . . . . . . 96

c. Anthony Donato . . . . . . . . . . . 97

d. Anthony Aiello . . . . . . . . . . . 98

2. Trial Defendant: Basciano . . . . . . . . 98

E. United States v. Rabito, et al., 06 CR 800 (SLT) . . . . . . . . . . . . . . . 99

iv

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1. Anthony Rabito . . . . . . . . . . . . . 107

2. Nicholas Santoro . . . . . . . . . . . . 108

3. Jerry Asaro . . . . . . . . . . . . . . . 109

4. Joseph Cammarano, Jr. . . . . . . . . . . 109

5. Louis DeCiccio . . . . . . . . . . . . . 110

6. Paul Spina . . . . . . . . . . . . . . . 111

7. Giacomo Bonventre . . . . . . . . . . . . 112

III. Colombo Organized Crime Family: United States v. Persico and DeRoss, 04 CR 911 (SJ) (JS) . . . . . . . . . . . . . . . . 112

IV. Gambino Organized Crime Family: United States v. Pizzonia, et al., 05 CR 425 (JBW) . . . . . . . . . . . . . . . . . . 113

V. Genovese Organized Crime Family . . . . . . . . . . 115

A. Southern District Prosecutions . . . . . . . . 115

B. Eastern District Prosecution: United States v. Cirillo, et al., 05 CR 212 (SLT) . . . . . . . . . . . . . . . 116

VI. Other Prosecutions . . . . . . . . . . . . . . . . 117

A. United States v. Bronson, 05 CR 714 (NGG) . . . . . . . . . . . . . . . 117

B. Canadian Prosecutions . . . . . . . . . . . . 120

COOPERATION OF OTHERS . . . . . . . . . . . . . . . . . . . . 121

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . 121

v

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PRELIMINARY STATEMENT

Below the government recounts the defendant Salvatore

Vitale’s crimes and his cooperation. Both were extensive – even

unprecedented. Vitale was, for more than three decades,

associated with the Bonanno organized crime family of Cosa Nostra

(the “Bonanno family”). He rose to leadership positions in that

enterprise, and ultimately, as the underboss and acting boss, he

served in two of the most powerful positions in the American

mafia. He has committed, sometimes daily, a wide array of crimes

that include horrific acts of violence. He engaged in murder

repeatedly, including the eleven murders to which he pled guilty.

For most of his adult life, Salvatore Vitale lived outside the

laws of the United States.

These facts are undisputed. They have been repeated in

this courtroom and elsewhere by Vitale himself testifying as a

government witness. Since shortly after his arrest on January 9,

2003, Vitale has been a crucial government witness in the

longstanding, ongoing, and important fight against organized

crime. For his cooperation, and pursuant to the written

agreement between the defendant Vitale and the government, the

United States Attorney’s Office for the Eastern District of New

York hereby moves to permit the Court to downwardly depart from

the applicable United States Sentencing Guidelines (the

“Sentencing Guidelines”) range of life imprisonment. This




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application is made pursuant to Title 18, United States Code,

Section 3553(e) and Section 5K1.1 of the Sentencing Guidelines.

As discussed more fully below, Vitale’s cooperation

with federal, state, and foreign law enforcement authorities has

been substantial in every respect. For example, Vitale has

identified more than 500 members and associates of Cosa Nostra in

the United States and beyond, and he has provided crucial

information about the manner in which these criminals operate,

the structure and rules they have implemented and follow, and

other details about every facet of their criminal enterprise.

Evidence furnished by Vitale has led to the prosecution of high

ranking members of the Bonanno, Colombo, Gambino, and Genovese

organized crime families. His cooperation against the Bonanno

family in particular – resulting in the conviction of dozens of

members and associates and more than four bosses/acting bosses

has substantially diminished that criminal enterprise. He has

provided detailed accounts about more than thirty murders, murder

conspiracies, and attempted murders, and more than thirty

defendants that have been charged relating to these crimes. He

testified at six trials (all of which led to convictions) and he

was prepared to testify at many others. His information has been

used in wiretaps and search warrant applications alike, yielding

additional evidence that included the remains of at least three

mafia victims buried long ago. Finally, his cooperation led

directly to the cooperation of other high-ranking members of the

Bonanno family, who in turn have provided important information

to the government – the results of which will be detailed in a

separate letter filed ex parte and under seal.

In short, Vitale’s cooperation has been devastating to

the very mafia to which he once swore allegiance and particularly

to the Bonanno family. Below is a brief summary of Vitale’s

cooperation, which is further detailed in Section II:

# Intelligence: Vitale has provided important information about all five New York-based Cosa Nostra families, identifying the administrations of those families, captains, soldiers, associates, and even the names of various individuals proposed for induction. He has identified locations where the mob met and where they buried some of their victims. He provided information about various “Commission” meetings – when representatives of all five families met to discuss business – including individuals in attendance and the issues addressed. In short, Vitale has provided vital intelligence that has been useful not only to the prosecutions that have been filed, but to many others, where his knowledge of the mafia has helped shape investigations.

# Murders: Vitale has provided information – indeed evidence – about more than thirty murders, attempted murders, and murder conspiracies planned and plotted by the mafia. He has identified men who were shot, and sometimes killed, in cars, warehouses, basements, on their doorsteps, or on the streets where they lived and engaged in the routine activities of life. Each story is tragic, yet in many ways repeated. Bonanno family associate Anthony Giliberti, for example, was shot nine times on his doorstep (and lived) in 1991. Frank Santoro was shot and killed while walking his dog in February of 2001. In between, in 1992, Robert Perrino was murdered and buried in a shallow grave in a garage in Staten Island. Perrino’s body was recovered more than a decade later (based on information provided by Vitale and others). In 1984, Cesar Bonventre was shot

3

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and killed, and his body was severed and stuffed in steel drums in pieces. In 1999, Gerlando Sciascia was murdered and his body dumped on a vacant street in the Bronx. There were others: Anthony Mirra, Alphonse “Sonny Red” Indelicato, Philip “Phil Lucky” Giaccone, Dominick “Big Dom” Trinchera, Anthony Tomasulo, Gabriel Infanti, Russell Mauro, Joseph Pastore, Vito Borelli, Enrico Mazzeo, Thomas and Rosemary Uva, Gerald Guarino, Sebastian “Sammy” DiFlaco, and Robert Capasio.

# Administration Members: Vitale’s cooperation was significant not only because of the sheer number of defendants indicted and convicted based on information he provided, but also because of the rank and criminal histories of many of those defendants. For example, to date, almost a dozen members of Cosa Nostra family administrations have been charged with, and most have pled guilty or been convicted after trial of, racketeering-related crimes involving murders. Those defendants include: Bonanno family boss Joseph Massino, Bonanno family acting boss and acting consigliere Anthony Urso, Bonanno family acting underboss Joseph Cammarano, Bonanno family acting boss Vincent Basciano, Bonanno family acting boss Michael Mancuso, Bonanno family acting consigliere Anthony Rabito and acting underboss Nicholas Santoro, Colombo family acting boss Alphonse Perisco and acting underboss Jackie Deross and former Genovese family acting boss Lawrence Dentico.

# Bonanno family: Vitale’s evidence and testimony against members and associates of the Bonanno family alone has been substantial. Over the course of his cooperation, the government has staged one of the most significant series of prosecutions against a single organized crime family, and Vitale was always a crucial and available witness. In all, he has provided important information against virtually every significant criminal supervisor in that enterprise over the last thirty years. And while the Bonanno family continues to exist and operate, there can be no question that its power, reputation, and reach have been substantially diminished. Additionally, Vitale’s evidence and testimony has led to the cooperation of several other members of the Bonanno family. As of approximately 2002, the Bonanno family was the only one of the five New York-based Costa Nostra families never

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to have a made member cooperate and testify in federal court. Today, less than a decade later, more than a dozen have cooperated, and while Vitale was not the first, there is no question that several cooperated based on the fear that Vitale’s own information and testimony would lead to their arrest and conviction. Several of these men have recorded criminal conversations with other members and associates of organized crime and have provided valuable evidence in a range of other criminal prosecutions.

# Trials: As discussed below, Vitale testified at the following six trials: (1) United States v. Massino, 02 CR 307 (NGG); (2) United States v. Basciano, 03 CR 929 (NGG) (Basciano I); (3) United States v. Amato, 03 CR 1382 (NGG); (4) United States v. Basciano, 03 CR 929 (NGG) (Basciano II); (5) United States v. Pizzonia, 05 CR 425 (JBW); and (6) United States v. Persico, 04 CR 911 (SJ) (JS). He also was available to testify in countless others and met with agents and prosecutors specifically to prepare for several trials.

# Search Warrants and Title III Applications: Vitale’s information was used repeatedly in federal search warrants and Title III applications. Two search warrants are particularly noteworthy because they led to the recovery of bodies buried long before. In December 2003, more than ten years after Robert Perrino’s murder, Special Agents from the Federal Bureau of Investigation (FBI), Investigators from the New York State Police, and Detectives from the New York City Police Department executed a search warrant in a garage in Staten Island and recovered Perrino’s remains. Probable cause for this warrant was based on information provided by Vitale and other cooperating witnesses. At the time of his murder, Perrino was the superintendent of delivery at the New York Post, and members and associates of the Bonanno family, including Perrino, were under investigation for their involvement in illegal activities at the Post. Less than a year later, in October 2004, FBI Special Agents executed a search warrant at a vacant lot in Queens – also based on information provided by Vitale and others – and recovered the remains of Bonanno family captains Philip “Phil Lucky” Giaccone and Dominick “Big Trin” Trinchera. Giaccone and Trinchera were murdered and

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their bodies were buried more than two decades earlier in May of 1981.

# Forfeiture: In prosecutions in which Vitale testified, the government has secured forfeiture judgments of more than $20,000,000. At the Massino trial in 2004, the jury reached a verdict on the forfeiture allegations, returning a money judgment of $10,393,359.00 against Massino and required the forfeiture of two properties owned/controlled by Massino (where the Casablanca Restaurant and the Café Via Veneto are located). This verdict was based in part on Vitale’s testimony. In the Basciano prosecution, the Court ordered forfeiture against Bonanno family acting boss/boss Vincent Basciano in the amount of $5,400,000, and against Bonanno family captain Patrick DeFilippo in the amount of $4,376,787 – both of which were based in part on testimony provided by Vitale.

* * * * *

Below is a chart detailing some of the more significant

defendants against whom Vitale provided information and who were

prosecuted (or who were prosecuted based on the cooperation of

others against whom Vitale provided information). Of the more

than fifty defendants noted below, more than thirty-five were

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charged with, convicted of, or pled guilty to, acts involving

murder.

No. Defendant Rank/Cosa Nostra Family

Sentence

1 Joseph Massino* Bonanno boss Life Imprisonment 2 Vincent Basicano* Bonanno boss/acting boss Life Imprisonment 3 Anthony Urso* Bonanno acting boss/ acting consigliere 20 Years 4 Michael Mancuso* Bonanno acting boss 15 Years 5 Alphonse Persico* Colombo acting boss Life Imprisonment 6 Lawrence Dentico* Genovese acting boss (later Genovese family ruling committee) 51 Months 7 Louis Attanasio* Bonanno acting underboss/captain 15 Years 8 Joseph Cammarano, Sr.* Bonanno acting underboss 15 Years 9 Nicholas Santoro Bonanno acting underboss 36 Months 10 Anthony Rabito Bonanno acting consigliere 33 Months 11 Jackie DeRoss* Colombo acting underboss Life Imprisonment 12 Jerome Asaro Bonanno captain 30 Months 13 Peter Calabrese* Bonanno captain 15 Years 14 Dominick Cicale* Bonanno captain Facing Life Imprisonment 15 Louis DeCiccio Bonanno captain 40 Months 16 Joseph DeSimone* Bonanno captain 12 Years

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No. Defendant Rank/Cosa Nostra Family

Sentence

17 Frank Lino* Bonanno captain Facing Life Imprisonment 18 Robert Lino* Bonanno captain 27 Years 19 Daniel Mongelli* Bonanno captain 24 Years 20 James Tartaglione* Bonanno captain Facing Life Imprisonment 21 Michael Cardello* Bonanno soldier/ captain 10 Years 22 Louis Restivo* Bonanno soldier/ captain 10 Years 23 Baldassare Amato* Bonanno soldier/ captain Life Imprisonment 24 Anthony Indelicato* Bonanno soldier/ captain 20 Years 25 Dominick Pizzonia* Gambino captain 15 Years 26 Robert Attanasio* Bonanno soldier/ acting captain 10 Years 27 Generoso Barbieri* Bonanno soldier/ acting captain Facing Life Imprisonment 28 Joseph Cammarano, Jr.* Bonanno soldier/ acting captain 27 Months 29 Anthony Furino Bonanno captain/ acting captain 24 Months 30 Anthony Aiello* Bonanno soldier 30 Years 31 Sandro Aiosa Bonanno soldier 12 Months 32 Giacomo Bonventre Bonanno soldier 9 Months 33 Peter Cosoleto* Bonanno soldier 10 Years 34 Joseph DiStefano Bonanno soldier 24 Months 35 Anthony Donato* Bonanno soldier 25 Years 36 Anthony Frascone Bonanno soldier 12 Months (and 1 Day)

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No. Defendant Rank/Cosa Nostra Family

Sentence

37 Gino Galestro* Bonanno soldier 24 Months 38 Emanuel Guaragna Bonanno soldier 20 Months 39 Steven LoCurto* Bonanno soldier Life Imprisonment 40 Anthony Navarra Bonanno soldier 3 Years Probation 41 Philip Navarra Bonanno soldier 21 Months 42 John Palazzolo* Bonanno soldier 10 Years 43 Richard Riccardi* Bonanno soldier 10 Years 44 Vito Rizzuto* Bonanno soldier 10 Years 45 Johnny Joe Spirito* Bonanno soldier 20 Years 46 Paul Spina* Bonanno soldier 106 Months 47 Joseph Torre Bonanno soldier 24 Months 48 Frank Ambrosino* Bonanno associate Facing Life Imprisonment 49 Anthony Basile* Bonanno associate Facing Life Imprisonment 50 Ronald Filocomo* Bonanno associate 20 Years 51 Patrick Romanello* Bonanno associate 10 Years * denotes defendants charged with or involved in acts involving murder

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BACKGROUND

Vitale repeatedly has testified about his own

background, criminal history, and association with the Bonanno

family and the charges to which he pled guilty. Each of these

topics is covered in detail in the Presentence Investigation

Report and, accordingly, only briefly addressed herein. Vitale

is now 62 years old and has a history of health issues. He has

been incarcerated since his arrest in January 2003 and, thus, by

the time of his sentencing, he will be have served more than

seven years and eight months in prison.1

I. Education and Employment History

Vitale was born in Brooklyn and has principally lived

there and in Queens and Long Island. He is a high school

graduate and briefly attended the City College of New York. He

served in the United States Army in the late 1960s and received

an honorable discharge. His employment history is brief. He has

held jobs in the catering business, at UPS, and as a “narcotics

corrections officer” for the State of New York.

II. The Bonanno Organized Crime Family

Vitale was associated with the Bonanno family for more

than three decades. He held numerous and significant positions

in that family and engaged in a variety of criminal activity,

1 Assuming that Vitale is entitled to “good time” credit, he will have served close to a ten year term of imprisonment at the time of sentencing.

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including murder, arson, burglary, hijacking, loansharking,

extortion, insurance fraud, illegal gambling, accessory after the

fact to murder, money laundering, obstruction of justice and

securities fraud, and conspiracies to commit these crimes.

For more than four decades, Vitale has known Joseph

Massino. Massino dated and later married Vitale’s sister.

Vitale worked on Massino’s catering truck and later ran his

“numbers business.” Later, Massino put Vitale on record with him

and the Bonanno family and together they committed a vast array

of crimes. Massino served as the best man at Vitale’s wedding;

Vitale served as Massino’s underboss in the ensuing years.

Vitale has testified that Massino taught him how to swim as well

as how to kill.

III. Prior Arrests and Prosecution

Vitale has been arrested and prosecuted federally three

times, including his arrest in the instant prosecution. The

first arrest ended in acquittal at trial in the Southern District

of New York. Vitale pled guilty after his second arrest and in

the third – this case – he pled guilty and cooperated; both cases

were prosecuted in the Eastern District of New York. Below is a

brief summary.

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A. United States v. Massino & Vitale 81 CR 03 (RWS)(SDNY)

In 1984, Vitale was charged (together with Joseph

Massino) with various crimes relating to his association with the

Bonanno family. In particular, both Vitale and Massino were

charged with racketeering and racketeering conspiracy pursuant to

Title 18, United States Code, Sections 1962(c) and (d). Vitale

was charged with the following three predicate acts:

(a) the hijacking of a truck containing canned tuna fish in May 1975;

(b) the hijacking of a truck containing frozen seafood on or about December 31, 1976; and

(c) obstruction of justice in or about September 1981.

Vitale and Massino both proceeded to trial and both were

acquitted because the jury found that the predicate acts charged

were not within the statute of limitations.

B. United States v. Vitale, 01 CR 283 (ADS)(EDNY)

In 2002, a grand jury sitting in the Eastern District

of New York charged Vitale with various offenses, including

racketeering, racketeering conspiracy, and conspiracy to collect

unlawful debts, all pursuant to Title 18, United States Code,

Section 1962, various loansharking counts, pursuant to Title 18,

United States Code, Sections 892 and 894, illegal gambling,

pursuant to Title 18, United States Code, Section 1955, and money

laundering, pursuant to Title 18, United States Code, Section

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1956. The racketeering counts included predicate acts detailing

the same conduct charged as in the substantive counts:

loansharking, gambling, and money laundering.

Vitale pled guilty pursuant to a plea agreement before

the Honorable Arlene Lindsay, United States Magistrate Judge, on

June 14, 2002, to racketeering, which included predicate acts

involving an extortionate collection of credit conspiracy and

illegal gambling. The Honorable Arthur D. Spatt, United States

District Judge, sentenced Vitale principally to a term of

imprisonment of forty-five months in January 2003, a sentence

that reflected the high end of the Guidelines with a one-month

reduction based on the defendant’s military service. Vitale has

completed that sentence.

C. United States v. Massino, et al., 02 CR 307 (NGG)(EDNY)

Vitale was arrested on January 9, 2003, together with

Bonanno family boss Joseph Massino, Bonanno family captain Frank

Lino, and Bonanno family associate Ronald Filocomo. That

indictment was the latest in a series that ultimately charged

more than thirty members and associates of the Bonanno family.

At the time of his arrest, Vitale was charged with racketeering

conspiracy – including predicate acts of conspiracy to murder,

and the murder of, Bonanno family associate and New York Post

employee Robert Perrino in 1992 – and loansharking. United

13States Magistrate Judge Joan M. Azrack ordered Vitale detained,

and he has remained incarcerated since.

Vitale began cooperating shortly after his arrest. He

has since met with literally dozens of federal, state, and even

foreign law enforcement officials, and he has testified

repeatedly. Throughout his debriefings, Vitale has been

straightforward, credible, and truthful. Indeed, as a result of

his own cooperation, the government learned about a host of

criminal activity that Vitale and others were involved in, which

was previously unknown to investigators. Vitale pled guilty to

many of these crimes, including all of the most serious.

Of note, most, if not all, of the available evidence as

to his involvement in the crimes he pled guilty to consisted only

of Vitale’s own proffer-protected admissions. As a result of his

debriefings and cooperation, Vitale also subjected himself to the

possibility of the death penalty given his involvement in the

1999 death-eligible murder of Bonanno family captain Gerlando

Sciascia.

In April 2003, Vitale pled guilty, pursuant to a

cooperation agreement, to a two-count information charging:

(a) racketeering conspiracy, pursuant to Title 18, United States

Code, Section 1962(d); and (b) murder-in-aid-of racketeering,

pursuant to Title 18, United States Code, Section 1959. Both

counts carry a term of life imprisonment; the latter requires a

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term of mandatory life (absent an applicable departure motion).

As part of the Count One racketeering conspiracy, Vitale pled

guilty to twenty-five crimes charged as predicate acts, including

eleven murders.

Specifically, the defendant pled guilty to the

following predicate acts:

Racketeering Act #

Description

1a Extortionate Extension of Credit Conspiracy (Title 18, United States Code, Section 892) 1b Extortionate Collection of Credit Conspiracy (Title 18 United States Code, Section 894) 2a Conspiracy to murder Joseph “Doo Doo” Pastore (New York Penal Law Sections 125.25(1) and 105.15) 2b Murder of Joseph “Doo Doo” Pastore (New York Penal Law Sections 125.25(1) and 20.00) 3a Conspiracy to Murder Alphonse “Sonny Red” Indelicato (New York Penal Law Sections 125.25(1) and 105.15) 3b Murder of Alphonse “Sonny Red” Indelicato (New York Penal Law Sections 125.25(1) and 20.00) 3c Conspiracy to Murder Philip “Philip Lucky” Giaccone (New York Penal Law Sections 125.25(1) and 105.15) 3d Murder of Philip “Philip Lucky” Giaccone (New York Penal Law Sections 125.25(1) and 20.00) 3e Conspiracy to Murder Dominick “Big Trin” Trinchera (New York Penal Law Sections 125.25(1) and 105.15) 3f Murder of Dominick “Big Trin” Trinchera (New York Penal Law Sections 125.25(1) and 20.00) 4a Conspiracy to Murder Dominick “Sonny Black” Napolitano (New York Penal Law Sections 125.25(1) and 105.15)

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Racketeering Act #

Description

4b Murder of Dominick “Sonny Black” Napolitano (New York Penal Law Sections 125.25(1) and 20.00) 5a Conspiracy to Murder Caesar Bonventre (New York Penal Law Sections 125.25(1) and 105.15) 5b Murder of Caesar Bonventre (New York Penal Law Sections 125.25(1) and 20.00) 6 Illegal Gambling – Joker Poker Machines (Title 18 United States Code, Section 1955) 7a Conspiracy to Murder Gabriel Infanti (New York Penal Law Sections 125.25(1) and 105.15) 7b Murder of Gabriel Infanti (New York Penal Law Sections 125.25(1) and 20.00) 8a Conspiracy to Murder Anthony Tomasulo (New York Penal Law Sections 125.25(1) and 105.15) 8b Murder of Anthony Tomasulo (New York Penal Law Sections 125.25(1) and 20.00) 9a Conspiracy to Murder Russell Mauro (New York Penal Law Sections 125.25(1) and 105.15) 9b Murder of Russell Mauro (New York Penal Law Sections 125.25(1) and 20.00) 10a Conspiracy to Murder Robert Perrino (New York Penal Law Sections 125.25(1) and 105.15) 10b Murder of Robert Perrino (New York Penal Law Sections 125.25(1) and 20.00) 11a Conspiracy to Murder Gerlando Sciascia (New York Penal Law Sections 125.25(1) and 105.15) 11b Murder of Gerlando Sciascia (New York Penal Law Sections 125.25(1) and 20.00)

As noted, these charges included the most serious

crimes Vitale committed, and most were revealed to the government

through his own cooperation. At the time of his arrest, Vitale

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was charged with only one murder as a predicate act. Months

later at his guilty plea, he pled guilty to eleven.

Additionally, Vitale consented to the forfeiture of $490,100

money he voluntarily turned over as part of his cooperation. He

also turn over various other evidence, including his address book

and other documents, and lists of proposed members for the

various Cosa Nostra families, much of which was later admitted as

evidence at various trials.

VITALE’S COOPERATION

As detailed below, Vitale’s cooperation has been

groundbreaking by any measure. For more than seven years he has

repeatedly met with agents, detectives, and prosecutors and has

been forthright about his own criminal conduct and that of

others. He has both turned over evidence that he maintained and

provided information that has led to the recovery of other

evidence – including the remains of those murdered by the Bonanno

family. Scores of defendants have been indicted and convicted

based on information provided by Vitale, and he has testified

repeatedly. Vitale’s cooperation is detailed below.

I. Intelligence & Related Information

Salvatore Vitale has provided information about all

five New York-based Cosa Nostra families, as well as information

about the New Jersey-based DeCavalcante family. He has provided

information about their criminal activities and their membership

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alike, often identifying members and associates by photograph.

He also has provided vital intelligence about the rules of Costa

Nostra, about how it operates and how its members and associates

profit. Of particular note is the information that Vitale has

provided about attempted murders, murder conspiracies, and

murders committed by Cosa Nostra over the last three decades.

Information relating to these murders, as well as other

intelligence used for search warrants and other affidavits, is

detailed below.

A. The Murders/Murder Conspiracies And Attempted Murders

Vitale provided extensive information about various

murders, attempted murders, and murder conspiracies. In all,

Vitale provided information about more than thirty acts relating

to murder – most of which resulted in an actual killing – more

often than not caused by the mere suspicion that the victim had

cooperated with law enforcement or in some other way violated a

rule of Cosa Nostra. Vitale’s information was corroborated in

important ways and often led to the filing of charges and, later,

convictions. The details of these murders are outlined below.2

2 The summaries set forth herein do not purport to identify every detail Vitale provided or as to which he is knowledgeable in regard to these and other matters. In addition, the organized crime positions of various individuals discussed herein do not necessarily reflect the highest position ever held by those individuals.

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1. Murder of Vito Borelli (1976)

Vitale provided information regarding the murder of

Vito Borelli. Individuals associated with both the Bonanno and

Gambino family killed Vito Borelli in the mid-1970s, based on an

order from Gambino family boss Paul Castellano. At the time of

his murder, Borelli was dating Castellano’s daughter and

apparently insulted him, resulting in the order to kill. Vitale,

at the time a Bonanno associate, provided a van for Joseph

Massino before Borelli’s murder. Vitale also was involved in the

subsequent disposal of Borelli’s body. Among others, the

following individuals were involved in Borelli’s murder: Joseph

Massino, John Gotti, Angelo Ruggerio, Frank DeCiccio, Dominick

Napolitano, and Anthony Rabito. Borelli’s body was dismembered

and his remains have never been recovered.

Vitale was likely the first cooperating witness to

provide information relating to the Borelli murder, and while no

defendant has been charged with this crime, Vitale did testify

about the details of the Borelli murder as Rule 404(b) evidence

in the Massino trial. Further, this information was also used as

part of the successful pretrial detention motion filed against

Bonanno family acting consigliere Anthony Rabito.

2. Murder of Joseph “Doo Doo” Pastore (1976)

Vitale also provided information relating to the 1976

murder of Joseph “Doo Doo” Pastore. Prior to Pastore’s murder,

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Massino asked Vitale to “clean-up” after Pastore was killed, and

Vitale agreed to do so. Pastore had been involved in an illegal

cigarette business with Massino, and he often spent time at

Massino’s deli. He was murdered in an apartment above the deli.

Pastore was close with Colombo family soldier Carmine “Tutti”

Franceze, and Franceze and Massino were also close. Franceze,

according to Massino, shot and killed Pastore. Pastore’s body

was later recovered in a dumpster in Queens.

As part of his cooperation, Vitale pled guilty to the

Pastore murder, and he also testified about Massino’s role in

that murder at the Massino trial (also pursuant to Rule 404b).

At the time Vitale provided this information, there was no active

investigation into this crime.

3. Indelicato, Giaccone and Trinchera Murders (Three Captains Murder) And Bruno Indelicato Murder Conspiracy (1981)

In May 1981, as part of an internecine war within the

Bonanno family, Massino, Vitale, and others, including Canadian

based Bonanno family soldier Vito Rizzuto, shot and killed

Bonanno family captains Alphonse “Sonny Red” Indelicato, Philip

“Phil Lucky” Giaccone, and Dominick “Big Trin” Trinchera. During

the course of the struggle, Massino was aligned with both Bonanno

family boss Philip Rastelli (who was incarcerated at the time)

and members loyal to the Sicilian faction, known as “Zips,”

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headed by Bonanno family captain Salvatore Catalano. The

Indelicato faction was supported by the Genovese family. The

Rastelli faction was supported by the Gambino and Colombo

families, headed at the time by Paul Castellano and Carmine

“Junior” Persico, respectively.

In light of this strife, the Commission instructed

members of the Bonanno family to avoid any violence until

Rastelli was released from prison and could resolve these

problems. Sometime after this order, Massino learned from

Colombo family soldier Carmine Franceze that the Indelicato

faction began arming themselves with weapons. Massino approached

Castellano, whom he had previously assisted in the Borelli

murder, and sought permission from him to retaliate. Castellano

gave Massino permission to “protect” himself.

On May 5, 1981, Massino, aided by the “Zips,”

orchestrated the murders of Indelicato, Giaccone, and Trinchera.

Each was shot to death in a social club in Brooklyn. Their

bodies were disposed of and, at first, only Indelicato’s body was

recovered from a shallow grave in Queens. Among others involved

in the murders of Indelicato, Giaccone, and Trinchera (either

before or after the fact), were Massino’s associates Vitale,

James “Big Louie” Tartaglione, and Duane “Goldie” Leisenheimer,

as well as members of Napolitano’s crew and various members and

associates connected to the Sicilian faction of the Bonanno

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family, including Vito Rizzuto.

Following these murders, Massino ordered members of the

Bonanno family to find and kill Bruno Indelicato, Alphonse

Indelicato’s son and a member of the Bonanno family, to prevent

(Bruno) Indelicato from attempting to avenge his father’s murder.

Efforts made to locate Bruno Indelicato were unsuccessful. The

Commission had authorized the murder of Bruno Indelicato only

during a thirty-day period, and when Indelicato was not murdered

within that time frame, the “hit” on him expired. Indelicato

later returned and remained a member of the Bonanno family.

Vitale pled guilty to the conspiracy to murder, and

murder of, Indelicato, Giaccone, and Trinchera as part of his

cooperation. He also testified at length about the details

before, during, and after these killings at the Massino trial,

which resulted in a jury verdict of guilty as to each murder.

Further, Bonanno family soldier Vito Rizzuto was indicted and

convicted for these murders based on Vitale’s information. At

the time of his arrest, Rizzuto was the most powerful member of

Cosa Nostra in Canada. Additionally, information provided by

Vitale as to these murders was used in the government’s motion to

detain Bonanno member Anthony Rabito. And finally, as discussed

below, Vitale provided crucial evidence later used in a search

warrant that led to the recovery of the remains of both Giaccone

and Trinchera more than twenty years after their murders.

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4. Murder of Dominick “Sonny Black” Napolitano (1981)

Various members and associates of the Bonanno family,

including Vitale, murdered Bonanno family captain Dominick “Sonny

Black” Napolitano in 1981, several weeks after agents from the

FBI revealed that “Donnie Brasco,” an associate under Napolitano,

was in fact FBI Special Agent Joseph Pistone, who had been

working undercover for several years. In his undercover

capacity, Pistone first became associated with the Bonanno family

through Anthony Mirra, a Bonanno family soldier, but he later

developed a relationship with Bonanno family soldier Benjamin

“Lefty Guns” Ruggerio, who was a soldier in Napolitano’s crew.

Through Ruggerio, Pistone gained access to and developed a

relationship with Napolitano.

Members of the Bonanno family, on Massino’s order, shot

and killed Napolitano in August/September 1981. These members

included, among others, Massino, Vitale, Frank Lino, Frank Coppa,

Richard Riccardi, and Ronald Filocomo. Napolitano’s body was

buried in a shallow grave in Staten Island, and was recovered

approximately one year later in August 1982. Vitale pled guilty

to the Napolitano murder as part of his cooperation. He

testified to the details of the murder at the Massino trial, and

the jury found this predicate act “proven.” Several others also

have pled guilty to the Napolitano murder, including Bonanno

family associate Ronald Filocomo. Lino, Coppa, and Riccardi have

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also been prosecuted, and each pled guilty to various crimes.




5. Murder of Anthony Mirra (1982)

Bonanno family soldier Anthony Mirra, like Napolitano,

was killed due to his involvement in the introduction of Special

Agent Pistone into the Bonanno family. Mirra was shot in the

head and killed in February 1982 on Massino’s order. At the

Massino trial, Vitale testified to various admissions made by

Massino regarding the Mirra murder – and like every other crime

Massino was charged with – the jury found him guilty. Others

involved in this crime, including Joseph D’Amico and Richard

Cantarella, have also been prosecuted.

6. Giliberti Attempted Murder (1982)

Massino ordered the murder of Bonanno family associate

and union delegate Anthony Giliberti in the early 1980s. At the

time, with Bonanno family boss Phil “Rusty” Rastelli still in

jail, Massino was serving as Rastelli’s conduit to the Bonanno

family and International Brotherhood of Teamsters Local 814.

Giliberti was a union delegate who helped provide kickbacks to

the Bonanno family, and in particular to Rastelli. Massino later

believed that Giliberti had disobeyed his order not to use

another associate in any of the criminal activities at the union,

and he feared that Giliberti might cooperate with law

enforcement. As a consequence, Massino ordered Giliberti’s

murder. Massino tasked Bonanno family captain Gabriel Infanti

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with the assignment to kill Giliberti. Ultimately, Giliberti was

shot nine times by individuals associated with the Bonanno

family. He survived, however, and later testified against

Massino at his 1986 trial in the Eastern District of New York,

which involved racketeering charges. Massino was convicted at

that trial and sentenced to a ten-year term of imprisonment.

At the Massino trial, Vitale provided details about the

Giliberti attempted murder based on Massino’s admissions.

Vitale’s information was used both to indict Massino and, based

on his testimony at trial, to convict him of this racketeering

act.

7. Murder of Enrico Mazzeo (1983)

Various members and associates of the Bonanno family

shot and killed Enrico Mazzeo in November 1983. Mazzeo was a

former New York City official and a Bonanno family associate who

was close to then-Bonanno family associate Richard Cantarella.

Ultimately, Cantarella and others had Mazzeo killed. Vitale was

aware of Mazzeo’s murder, generally, based on statements from

Massino, and he provided those details during his debriefings.

Several individuals associated with the Bonanno family have been

prosecuted for this murder.

8. Murder of Caesar Bonventre (1984)

Members and associates of the Bonanno family shot and

killed Bonanno family captain Caesar Bonventre. Massino gave the

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order to kill Bonventre, which was carried out by several

individuals including Salvatore Vitale, James Tartaglione, Louis

“Louey Ha Ha” Attanasio, Robert Attanasio, Peter “Peter the

Rabbit” Calabrese, and Duane “Goldie” Leisenheimer. Bonanno

family captain Gabriel Infanti was tasked with disposing of

Bonventre’s body. In April 1984, Bonventre’s mutilated body was

found in a warehouse in New Jersey.

Vitale provided detailed facts about the Bonventre

murder, and he pled guilty to it as a predicate act as part of

his cooperation. His information led directly to the charging of

several individuals, including Massino, Tartaglione, Louis

Attanasio, Robert Attanasio, Peter Calabrese, and Leisenheimer,

for acts related to this crime. Several have been convicted and

sentenced, while others have pled guilty but not yet been

sentenced.

9. Attempted Murder of David Nunez (1985)

On November 14, 1985, then-Bonanno family associate

Vincent Basciano, then-Bonanno family soldier Patrick DeFilippo,

and then-Bonanno associate Anthony Donato, were involved in the

shooting of David Nunez as Nunez exited a cab on White Plains

Road in the Bronx, New York, in front of a “numbers spot.” Nunez

was shot in connection with a gambling dispute; he survived after

treatment at a local hospital. Basciano, DeFilippo, and Donato

attempted to escape by car, but each was apprehended and

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ultimately pled guilty to lesser included offenses in state

court.

Vitale testified at the trial of Basciano and DeFilippo

about this shooting, and while he was not familiar with the

victim’s name, he had discussed the details of the shooting with

Bonanno family boss Joseph Massino. In particular, Vitale

testified that soon after Massino came home from prison in 1992,

Massino told Vitale that, before promoting DeFilippo to the

position of captain, Massino wanted to verify the events

surrounding a shooting in which Basciano and DeFilippo were

involved in the Bronx in which “Patty” got away. The jury found

this predicate act “proven” as to both defendant Basciano and

defendant DeFilippo. Previously, Bonanno family soldier Anthony

Donato pled guilty to his involvement in this crime, charged as a

predicate act as part of a racketeering conspiracy count. All

three defendants have been convicted of this crime and others,

and each is serving a substantial sentence.

10. Murders of Robert Capasio and Joseph Platia (1986)

In May 1986, members and associates of the Bonanno

family murdered Bonanno family associate Robert Capasio and his

friend Joseph Platia. Bonanno family soldier Stephen LoCurto was

previously acquitted in New York State Court for the murder of

Platia, and no charges had previously been filed with respect to

the Capasio murder. Capasio was murdered in Brooklyn. Platia,

27who was waiting for Capasio in Manhattan at the time Capasio was

killed, was murdered to eliminate him as a potential witness in

the Capasio murder. LoCurto shot Platia repeatedly on the corner

of 35th Street and 10th Avenue in Manhattan, where Platia’s body

was recovered. The New York County Medical Examiner’s Office

determined the cause of Platia’s death to be gunshot wounds to

the head, arm, and soft tissue of the chest.

Vitale provided information about these murders, and

his information was used to indict both Bonanno family soldiers

Richard Riccardi and Steven LoCurto. Riccardi ultimately pled

guilty to different charges, and LoCurto was convicted after

trial (based in part on Vitale’s testimony) for his role in the

Platia murder. Vitale also testified about the Capasio/Platia

double murder at the Massino trial pursuant to the Court’s

admission of this evidence pursuant to Rule 404(b).

11. Murder of Gabriel Infanti (1987)

In 1987, while incarcerated, Massino ordered the murder

of Bonanno family member Gabriel Infanti. Massino cited, among

other reasons, Infanti’s failures with respect to both the

Bonventre and Capasio murders, as well as the fact that Infanti

allegedly had been talking to law enforcement agents. Massino

again turned to Vitale to carry out the plan to kill Infanti.

Infanti was shot and killed in a warehouse in Brooklyn. His body

was buried in Staten Island and has never been recovered.

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Vitale pled guilty to the Infanti murder as part of his

cooperation, and he testified about the details at the Massino

trial. The jury there found Massino guilty of the Infanti

murder/murder conspiracy as a predicate act. Further, Vitale’s

evidence with respect to the Infanti murder has been used to

charge others including Bonanno family associate Louis Restivo

for this crime. They have pled guilty to various charges

relating to their involvement in the Bonanno family, including

acts involving murder, and each is currently incarcerated.

Bonanno family captain Frank Lino was also involved in this

murder, and he, too, has been prosecuted.

12. Murder of Gerard Guarino (1989)

Bonanno family associate Gerard Guarino was murdered in

January 1989 because he was suspected of cooperating with law

enforcement authorities. Vitale authorized Guarino’s murder, and

Bonanno family soldier Peter Rosa carried out that murder.

Guarino’s body was found in the trunk of his car with gunshot

wounds to the head and other parts of his body. Based on

Vitale’s information, one defendant has pleaded guilty to this

crime.

13. Murder of Anthony Tomasulo (1992)

Bonanno family associate Anthony Tomasulo was murdered

as a result of a dispute over joker poker machines. Vitale was

involved in ordering Tomasulo’s murder, and he provided detailed

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information about it that led to the arrest of numerous others

for this crime. To date, several member of the Bonanno family,

including Bonanno family acting boss/acting consigliere Anthony

Urso, Bonanno family acting underboss Joseph Cammarano, Sr., and

Bonanno family captains Michael Cardello and Louis Restivo have

been charged, and each has pleaded guilty to this crime or other

crimes. Tomasulo’s body was recovered in the rear seat of his

car, wrapped in a body bag, on May 24, 1990.

14. Murder of Russell Mauro (1991)

Bonanno family soldier Russell Mauro was shot and

killed in 1991 in part because he was suspected of being involved

in narcotics and, when he was not arrested, suspicion arose that

he might be cooperating. Mauro’s body was discovered in a body

bag in the trunk of a 1985 Lincoln vehicle, registered to Mauro’s

girlfriend, parked in front of 32-82 Street, Astoria, Queens. At

the time, Mauro’s body was badly decomposed.

Vitale, who was involved in ordering Mauro’s murder,

provided a detailed account of Mauro’s murder – a crime, like

many discussed here, that was not actively under investigation

until Vitale provided this information. Six members of the

Bonanno family were charged for this crime based in part on

Vitale’s information: James Tartaglione, Joseph DeSimone,

Generoso Barbieri, Peter Cosoleto, John Palazzolo, and Michael

Cardello. All have pleaded guilty to various crimes relating to

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the Bonanno family.

15. Murder of Sammy DiFalco (1992)

Bonanno family soldier Baldassare Amato orchestrated

the murder of Bonanno family associate Sebastian “Sammy” DiFalco

due to a business dispute; the two men worked together at the

Giannini Restaurant. DiFalco’s body was recovered from the trunk

of his daughter’s car in March 1992. He had disappeared several

weeks earlier. He was shot twice in the back of the head.

Vitale provided information that led to Amato’s indictment for

the conspiracy to murder, and murder, of DiFalco, and Vitale

testified at the trial that resulted in Amato’s conviction and

ultimate life sentence by this Court. Specifically, Vitale

testified that he had learned from Massino that Amato killed

DiFalco because Amato believed that DiFalco was stealing from the

Giannini restaurant.

16. Murder of Robert Perrino (1992)

Robert Perrino, a Bonanno associate, was murdered in

May 1992. At the time of his murder, Perrino was the

superintendent of deliveries at the New York Post. Members of

the Bonanno family killed Perrino based on the fear that he might

cooperate with law enforcement, particularly in regard to an

investigation by the New York State Police into the Bonanno

family’s corrupt influence at the Post. Vitale, who both ordered

Perrino’s murder and pled guilty to it as a predicate act,

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provided great detail about the murder and testified about it at

various trials, including the trial of Bonanno family soldier

Baldassare Amato and Bonanno family associate Anthony Basile, who

were both convicted of this crime as a predicate act at trial.

Several other members and associates of the Bonanno family pled

guilty to the Perrino murder/murder conspiracy.

Vitale was a significant witness at the trial of Amato

and Basile – who were tried together before this Court. Further,

as discussed below in more detail, Vitale provided crucial

information that led to the recovery of Perrino’s remains more

than a decade after his murder.

17. Murder of Thomas and Rosemary Uva (1992)

Members of the Gambino family executed Thomas and

Rosemary Uva on Christmas Eve in 1992. Prior to their murder,

the Uvas had been involved in several robberies of Cosa Nostra

controlled social clubs – in what became known as the “Bonnie and

Clyde” robberies. The Uvas were shot in the head and killed in

their car on 103rd Avenue and 91st in Ozone Park, New York. In

May 2005, Gambino family captain Dominick Pizzonia was indicted

for racketeering-related crimes that included as predicate acts

the double murder of Thomas and Rosemary Uva. On May 11, 2007,

after a five-week trial, a jury sitting in the Eastern District

of New York convicted Pizzonia of racketeering conspiracy and

acquitted him on other charges. As to the charged predicate

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acts, the jury found the conspiracy to murder the Uvas “proven,”

along with a second racketeering act for illegal gambling.

Vitale was an important witness at Pizzonia’s trial, at which he

testified about the Uvas’ murders.

18. Murder of Gerlando Sciascia (1999)

Bonanno family captain Gerlando Sciascia was killed by

members of the Bonanno family in 1999. He was shot repeatedly

and his body was dumped on a desolate street in the Bronx.

During the course of his cooperation, Vitale provided exacting

details about the Sciascia murder – a crime that was not actively

under investigation prior to Vitale’s cooperation. Vitale

ultimately pled guilty to this crime, and his information was

used to indict the other participants – including Massino,

Bonanno family captain Patrick DeFilippo, and Bonanno family

soldier Johnny Joe Spirito. Each was convicted of various

offenses relating to the Bonanno family, and each is currently

incarcerated for those crimes.

19. Murder of William Cutolo (1999)

Colombo family underboss William “Wild Bill” Cutolo was

murdered by high-ranking members of the Colombo family in 1999,

including Alphone Persico, the Colombo family acting boss, and

Jackie DeRoss, a member of the Colombo family administration.

Both defendants were tried for this crime and others in the

Eastern District of New York, and Vitale was among the witnesses

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at a retrial that resulted in the defendants’ conviction on

murder in-aid-of racketeering and obstruction of justice charges

concerning the Cutolo murder. Vitale testified that he and

Bonanno boss Joseph Massino met with Persico in the fall of 1999,

after learning that Cutolo had disappeared. During the meeting,

Perisco tacitly admitted having Cutolo murdered because Cutolo

had tried to take control of the Colombo family. Both Persico

and DeRoss were convicted after trial and both were sentenced to

life imprisonment.

20. Murder of Frank Santoro (2001)

Bonanno family acting boss Vincent Basciano and

soldiers Dominick Cicale, Anthony Donato, and Bruno Indelicato –

among others – shot and killed Frank Santoro in February 2001.

At the time of the murder, Santoro was walking his dog. He was

murdered based on Basciano’s suspicion that Santoro might try to

kidnap one of Basciano’s sons. Several members of the Bonanno

family have now been held accountable for the Santoro murder,

including Basciano – against whom Vitale testified twice (at the

original trial and again at a second trial).

At trial, Vitale testified, in sum and substance, that

Bonanno family boss Joseph Massino told him that Basicano,

Indelicato, and a former corrections officer had been involved in

shooting a man in Basciano’s neighborhood. Indelicato ultimately

pled guilty to crimes charged in his prosecution and was

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sentenced to a term of twenty years’ imprisonment. Donato

likewise pleaded guilty to crimes concerning the Santoro murder

and was sentenced to twenty-five years’ imprisonment, served

concurrently with his sentence on earlier racketeering charges

that had included the attempted murder of David Nunez.

B. Search Warrants and Wiretaps

Vitale’s information has also been used in various

Title III affidavits and search warrants; some of this

information is detailed below.

1. Perrino Body Search

In December 2003, FBI Special Agents, Investigators

from the New York State Police and Detectives from the New York

City Police Department executed a search warrant in Staten Island

and recovered Perrino’s remains buried beneath a garage in a

commercial “yard.” This search warrant was based in part on

information from several cooperating witnesses, including Vitale,

who were involved in the Perrino murder. Investigators found

Perrino’s wallet in his pants pocket, which included various

identification cards. The New York County Medical Examiner’s

Office later identified the recovered remains as those of Perrino

and identified the cause of death to be gunshot wounds to the

head. Detailed evidence relating to the recovery of Perrino’s

body was admitted at the trial of Bonanno family soldier

Baldassare Amato and Anthony Basile – both of whom were convictedfor the Perrino murder as part of racketeering charges.

2. Three Captains Body Search

In October 2004, FBI Special Agents recovered the

remains of Bonanno family captains Philip Giaccone and Dominick

Trinchera more than twenty years after their murder. Both had

been murdered – together with Bonanno family captain Alphonse

Indelicato – in May 1981. Vitale provided evidence that was used

in the search warrant affidavit used to recover the remains of

Giaccone and Trinchera. This evidence would have been used at

the trial of Bonanno family soldier Vito Rizzuto, but Rizzuto

pled guilty prior to trial.

3. Wiretaps

Vitale’s information also has been used in many Title

III investigations. Vitale’s information has proven important in

various of these applications to identify the organized crime

affiliations and positions of targets of those investigations, to

describe the historical crimes in which those individuals have

engaged, and to describe organized crime rules and structure

pertaining to the wiretap applications.

To take one example among many, Vitale’s information

was used to intercept Bonanno family associate Anthony

DeFilippo’s cellular telephone. Evidence from this investigation

was later used to charge DeFilippo, Bonanno family captain Louis

DeCiccio, and Bonanno family associates Patrick Tarsio,

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Christopher Merz and Anthony Vivelo with a variety of crimes.

These defendants were arrested in February 2007 with fifteen

other defendants, including Bonanno family acting underboss

Nicholas Santoro, Bonanno family acting consigliere Anthony

Rabito, Bonanno family captains or former captains Jerome Asaro

and Joseph Cammarano, Jr., and Bonanno family soldiers Giacomo

Bonventre, Michael Cassese, Paul Spina, and Michael Virtuoso,

among others.

II. Bonanno Organized Crime Family Prosecutions

The Bonanno family is a vast and violent criminal

enterprise that has included at times more than 150 inducted

members and thousands of criminal associates. Each member of the

Bonanno family takes an oath requiring him to commit acts of

violence, including murder, upon the order of a superior.

Bonanno family members and associates have engaged in brutal

violence for more than seventy years and routinely engage in

criminal activity ranging from financial fraud to extortion,

arson, robbery, and murder. They have perpetrated more than

fifty murders, murder conspiracies, and attempted murders over

the past thirty years alone. Moreover, the Bonanno family has

earned millions of dollars from its diverse and illicit activity,

and its influence once reached from Wall Street to street corners

in Brooklyn and Queens and the distribution department at the New

York Post.

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Vitale’s cooperation has been instrumental in numerous

prosecutions of members and associates of the Bonanno family as

detailed below. His information has led directly to the

conviction of the last four bosses/acting bosses and many other

high-ranking and violent leaders including Bonanno family boss

Joseph Massino, Bonanno family acting boss and acting consigliere

Anthony Urso, Bonanno family acting boss/boss Vincent Basicano,

and Bonanno family acting boss Michael Mancuso.

A. United States v. Cosoleto/Massino, et al., 02 CR 307 (NGG)

Over the course of more than a year, the government

indicted more than thirty members and associates of the Bonanno

family in a series of superseding indictments, in what was

ultimately captioned United States v. Massino, 02 CR 307 (NGG).

Vitale himself was indicted as part of this case, and his ensuing

cooperation was surely a factor in the guilty pleas of several

violent defendants, including Bonanno family captain Robert Lino,

acting captain Daniel Mongelli, and Bonanno family associate

Ronald Filocomo, among others. Each was involved in at least one

murder on behalf of the Bonanno family, and each has received a

substantial sentence from this Court.

One defendant from this prosecution proceeded to trial:

Bonanno family boss Joseph Massino. Vitale testified about every

crime charged against Massino and several others admitted

pursuant to Rule 404(b). After a long trial, the jury returned

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guilty verdicts as to each of those crimes. Details as to both

the pled defendants and the Massino trial are discussed below.

1. The Pled Defendants

After Vitale’s cooperation became known, the following

defendants pled guilty: Bonanno family captain Robert Lino,

Bonanno family acting captain Daniel Mongelli, and Bonanno family

associate Ronald Filocomo. Vitale was prepared to testify

against each. Below is a summary of the charges, guilty plea,

and sentence as to each defendant.

a. Robert Lino

Robert Lino was an inducted member of the Bonanno

family who later served as a captain. At the time of his

indictment in this prosecution, Lino was incarcerated on an

underlying conviction from the Southern District of New York.

Lino was indicted for racketeering conspiracy, which included as

predicate acts the conspiracy to murder, and murder of, Bonanno

family associate Louis Tuzzio and Bonanno family associate Robert

Perrino, illegal gambling, and loansharking. Lino was also

charged with various substantive counts for these crimes.

On March 18, 2004, on the eve of trial, Lino pled

guilty, pursuant to Rule 11(c)(1)(c) of the Federal Rules of

Criminal Procedure, to racketeering conspiracy, which included as

predicate acts crimes related to the murders of Louis Tuzzio and

Robert Perrino, loansharking, and illegal gambling. Tuzzio, a

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Bonanno family associate, was executed in January 1990 by members

of the Bonanno family, including Lino, due to his involvement in

shooting a relative of a high-ranking member of the Gambino

family. Perrino, who controlled the Bonanno family’s operations

at the New York Post, was killed due to the mere suspicion that

he was cooperating with law enforcement. Lino’s plea agreement

contained a stipulated Sentencing Guideline range of twenty-seven

years’ imprisonment – a sentence that the Court imposed on

November 4, 2004.

b. Daniel Mongelli

Bonanno family acting captain Daniel Mongelli pled

guilty on March 4, 2004 to racketeering conspiracy, which

included predicate acts charging the conspiracy to murder, and

murder of, Louis Tuzzio, loansharking, and illegal gambling.

This Court sentenced Mongelli on March 11, 2005, to a term of

twenty-four years’ imprisonment, five years of supervised

release, and a $100 special assessment.

c. Ronald Filocomo

Bonanno family associate Ronald Filocomo pled guilty on

March 15, 2004 to racketeering conspiracy, which included

predicate acts charging the conspiracy to murder, and murder of,

Colombo family associate Michael “Mikey Bear” Aiello, the

conspiracy to murder, and murder of, Bonanno family captain

Dominick Napolitano, and illegal gambling. As part of his plea

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agreement, Filocomo also received “coverage” for his involvement

in the conspiracy to murder, and murder of, Nelson Perez, the

attempted murder of David Martinez, and the conspiracy to murder

Robert Bearing. Filocomo was sentenced on March 25, 2005 to

twenty years in prison followed by five years of supervised

release, and a $100 special assessment.

2. Massino Trial

Bonanno family Joseph Massino was arrested with Vitale

and others on January 9, 2003. At the time of his arrest,

Massino was the longstanding boss of the Bonanno family and the

most powerful member of the mafia in the United States. In a

series of superseding indictments, Massino was charged with

racketeering and racketeering conspiracy, which charged as

predicates a wide array of crimes spanning more than three

decades, including: arson, loansharking, money laundering,

illegal gambling, extortion and murder, murder conspiracy, and

attempted murder. On July 30, 2004, after a twelve-week trial,

an anonymous jury returned a guilty verdict against Massino,

convicting him of each crime charged. The jury also reached a

verdict on the forfeiture allegations against Massino, returning

a money judgment of more than $10,000,000 and ordering the

forfeiture of two properties controlled by Massino. Vitale was a

crucial witness at Massino’s trial given their longstanding

association and the many crimes they had committed together.

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Specifically, Massino was tried on for the following

counts – and convicted of each one:

Count Description 1 Racketeering (Title 18, United States Code Section 1962(d)) 2 Racketeering Conspiracy (Title 18, United States Code Section 1962(c)) 3 Extortionate Collection of Credit Conspiracy (Title 18, United States Code, Section 894(a)(1)) 4 Extortionate Extension of Credit Conspiracy (Title 18, United States Code, Section 892(a)) 5 Illegal Gambling – Joker Poker Machines (Title 18, United States Code, Section 1955) 6 Illegal Gambling Conspiracy – Baccarat (Title 18, United States Code, Section 371) 7 Illegal Gambling – Baccarat (Title 18, United States Code, Section 1955) 8 Extortion of John Doe #1 and John Doe #2 (King Catering Extortion) (Title 18, United States Code, Sections 1951(a)) 9 Money Laundering Conspiracy (Title 18, United States Code, Sections 1956(h)) 10 Extortionate Extension of Credit – John Doe #2 (Peter Calabrese) (Title 18, United States Code, Sections 892(a)) 11 Collection of Extensions of Credit by Extortionate Means – John Doe #3 (Peter Calabrese) (Title 18, United States Code, Sections 894(a)(1))

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As part of the Count One and Count Two racketeering and

racketeering conspiracy charges, Massino was convicted of each of

the twenty-five predicate acts charged as follows:

Racketeering Act #

Description

1a Extortionate Extension of Credit Conspiracy (Title 18, United States Code, Section 892(a)) 1b Extortionate Collection of Credit Conspiracy (Title 18, United States Code, Section 894(a)) 2a Arson Conspiracy (New York Penal Law Sections 150.10 and 105.10) 2b Arson (New York Penal Law Sections 150.10 and 20.00) 3 Murder of Alphonse “Sonny Red” Indelicato (New York Penal Law Sections 125.25(1) and 20.00) 4 Murder of Philip “Phil Lukcy” Giaccone (New York Penal Law Sections 125.25(1) and 20.00) 5 Murder of Dominick “Big Trin” Trinchera (New York Penal Law Sections 125.25(1) and 20.00) 6a Conspiracy to Murder Dominick “Sonny Black” Napolitano (New York Penal Law Sections 125.25(1) and 105.15) 6b Murder of Dominick “Sonny Black” Napolitano (New York Penal Law Sections 125.25(1) and 20.00) 7a Conspiracy to Murder of Anthony Mirra (New York Penal Law Sections 125.25(1) and 105.15) 7b Murder of Anthony Mirra (New York Penal Law Sections 125.25(1) and 20.00) 8a Conspiracy to Murder Anthony Giliberti (New York Penal Law Sections 125.25(1) and 105.15) 8b Attempted Murder of Anthony Giliberti (New York Penal Law Sections 125.25(1), 110.00 and 20.00)

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Racketeering Act #

Description

9a Conspiracy to Murder Cesare Bonventre (New York Penal Law Sections 125.25(1) and 105.15) 9b Murder of Cesar Bonventre (New York Penal Law Sections 125.25(1) and 20.00) 10 Illegal Gambling – Joker-Poker Machines (Title 18, United States Code, Sections 1955 and 2) 11 Illegal Gambling – Baccarat (Title 18, United States Code, Sections 1955 and 2) 12a Conspiracy to Murder Gabriel Infanti (New York Penal Law Sections 125.25(1) and 105.15) 12b Murder of Gabriel Infanti (New York Penal Law Sections 125.25(1) and 20.00) 13 Extortion Conspiracy – John Doe #1 and John Doe #2 (Title 18, United States Code, Section 1951(a)) 14 Money Laundering Conspiracy (Title 18, United States Code, Sections 1956(h)) 15a Illegal Gambling – Sports Betting (Federal Gambling Law) (Title 18, United States Code, Sections 1955) 15b Illegal Gambling – Sports Betting (State Gambling Law)(New York Penal Law Sections 225.10(1) and 20.00) 16a Extortionate Extension of Credit Conspiracy– John Doe #3 (Peter Calabrese) (Title 18, United States Code, Sections 892) 16b Extortionate Collection of Credit Conspiracy (Peter Calabrese)(Title 18, United States Code, Sections 894(a)(1))

In addition to convicting Massino of these crimes, the

jury also returned a forfeiture judgment for $10,393,350, as well

as the forfeiture of the Casablana Restaurant and Café Via

Veneto. As further discussed below, Massino was sentenced to

multiple terms of life imprisonment for his trial conviction and

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subsequent guilty plea to the Sciascia murder.

In the end, given his rank in both the Bonanno family,

and Cosa Nostra, Massino’s conviction was among the most

important in organized crime in the last decade.

Vitale’s cooperation and testimony was essential to

Massino’s conviction; indeed, it cannot be understated. Vitale

testified for several days and provided a detailed chronology of

Massino’s rise to power in the Bonanno family, including his

involvement in the seven charged murders (Indelicato, Giaccone,

Trinchera, Napolitano, Mirra, Bonventre, and Infanti). Vitale’s

testimony was corroborated by other evidence and witnesses and

clearly credited by the jury.

B. United States v. Basciano and DeFilippo, et al., 03 CR 929 (NGG) (“Basciano I”)

Beginning in August 2003, a grand jury sitting in the

Eastern District of New York returned a series of indictments and

superseding indictments against Massino (for crimes other than

those for which he was convicted at trial), Bonanno family acting

boss Vincent Basciano, Bonanno family captain Patrick DeFilippo,

and Bonanno family soldiers Anthony Donato, Anthony Frascone,

Emanual Guaragna, and Johnny Joe Spirito (and others) principally

charging racketeering conspiracy, murder, gambling, and extortion

offenses. Ultimately, the charged conduct spanned the period

from January 1979 to January 2005, and it included the conspiracy

and attempted murder of David Nunez, the conspiracy to murder,

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and murder of, Bonanno family captain Gerlando Sciascia, and the

conspiracy to murder, and murder of, Frank Santoro. Each of the

charged defendants was convicted, seven by plea and two, Basciano

and DeFilippo, after trial, as further discussed below. Basciano

was tried a second time after his first jury failed to convict

him of certain charges. At his second trial, he was convicted on

all counts and charges.

As further detailed below, Vitale provided crucial

evidence that led to the initial indictment in this case, and he

ultimately testified at both trials.

1. The Pled Defendants

Several defendants charged as part of this prosecution

pled guilty prior to trial – notably, Bonanno family boss Joseph

Massino and Bonanno family soldiers Anthony Donato, Anthony

Frascone, Emanuel Guaragna, and Johnny Joe Spirito. Vitale

provided information that led to the indictment and conviction of

these defendants. For example, Vitale provided specific details

about the Sciascia murder and the participation of Massino,

Spirito, and others, in that crime, and their indictment and

convictions were the direct result of his cooperation. The

details of the charges filed against each of these defendants and

the resolution of their cases a. Joseph Massino

In June 2005, Massino, after his prior trial

conviction, pled guilty before this Court to Count Nine, which

charged the murder-in-aid of racketeering of Gerlando Sciascia,

pursuant to Title 18, United States Code, Section 1959(a)(1). As

noted, Vitale provided the bulk of the information that led to

Massino’s indictment (and conviction) on the Sciascia murder.

As part of his plea agreement, Massino also agreed to

forfeit the following: (1) the business known as 60th Lane

Restaurant, Inc., d/b/a Casablanca Restaurant (and the premises

and real property, together with its buildings, appurtenances,

improvements, fixtures, attachments, and easements located at 66

15th Lane, Maspeth, New York); (2) the business known as Café Via

Veneto (and the premises and real property, together with its

buildings, appurtenances, improvements, fixtures, attachments,

and easements located at 60-39 Fresh Pond Road, Maspeth, New

York); (3) $7,672,581 in cash (i.e., $7,182,281 and $490,300

surrendered by the defendant Massino to the government); (4) 267

“gold bars” surrendered by the defendant Massino to the

government (specifically 210 gold bars each weighing one ounce

and 57 gold bars each weighing five ounces, all of which has a

combined approximate market value of $267,000); and (5) the

following substitute properties: (a) the premises and real

property, together with its buildings, appurtenances,

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improvements, fixtures, attachments, and easements located at 60

37 Fresh Pond Road, Maspeth, New York; and (b) the premises and

real property, with its building, appurtenances, improvements,

fixtures, attachments, and easements located at 58-23 68th

Street, Maspeth, New York 11378.

Massino was sentenced at the same time for the Sciascia

murder and for the charges as to which he was convicted at trial.

On June 23, 2005, this Court sentenced Massino to two terms of

life imprisonment – one for the crimes for which he was convicted

at trial and a second for the Sciascia murder. Massino is

currently serving that sentence.

b. Anthony Donato

The defendant Anthony Donato pled guilty in this matter

to racketeering conspiracy, which included as a predicate act the

conspiracy to murder and attempted murder of David Nunez. As

further discussed below, he was subsequently indicted for his

role in the murder of Frank Santoro – a crime also committed in

furtherance of the affairs of the Bonanno family, and a crime for

which Vitale also provided important evidence.

Donato was sentenced on December 16, 2008 – for both

cases – to a term of twenty five years’ imprisonment, three years

of supervised release, and $300 special assessment.

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c. Anthony Frascone

Anthony Frascone, also known as “Anthony Nicole,” was a

soldier in the Bonanno family. He was indicted for his

involvement in illegal gambling and was sentenced on January 19,

2005 by this Court to twelve months (and 1 day) in prison, three

years of supervised release, and a $100 special assessment.

Vitale was involved in the very same gambling operation for which

Frascone was indicted and convicted, and he provided information

relating to Frascone’s association with and rank in the Bonanno

family, which led to both his indictment and his guilty plea.

d. Emanuel Guaragna

On June 24, 2005, the defendant Guaragna, also a

Bonanno family soldier, pled guilty to racketeering conspiracy,

pursuant to Title 18, United States Code, Section 1962(d), which

included predicate acts of loansharking. He was sentenced by

this Court on September 23, 2005 to twenty months’ imprisonment,

three years of supervised release, and a $100 special assessment.

Vitale was also available to testify against Guaragna.

e. Johnny Joe Spirito

Johnny Joe Spirito, a soldier in the Bonanno family,

pled guilty to racketeering conspiracy, which included predicate

acts of illegal gambling–joker poker machines, illegal

gambling–sports betting, and the conspiracy to murder Gerlando

Sciascia (a crime for which Spirito earned induction into the

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Bonanno family). Prior to his conviction in this matter, Spirito

had been arrested more than twenty times, including nine arrests

involving violent felonies, thirteen arrests involving assaults

or violence, and five arrests relating to weapons charges. On

three prior occasions, Spirito was arrested for attempted murder

(1975, 1982, and 1985).

On December 20, 2005, this Court sentenced Spirito to a

term of twenty years’ imprisonment, three years of supervised

release, and a $100 special assessment. Vitale’s information was

essential to the investigation of the Sciascia murder, Spirito’s

indictment, and his guilty plea.

2. Trials

Bonanno family acting boss Vincent Basciano and

longstanding Bonanno family captain Patrick DeFilippo were

convicted by juries in the Eastern District of New York for acts

of murder, murder conspiracy, and murder solicitation committed

over a twenty-five year period from the 1985 attempted murder of

David Nunez to the 2001 brutal murder of Frank Santoro, who was

shotgunned to death just steps from his home while walking his

dog. The jury reached no verdict as to DeFilippo’s role in the

1999 murder of Bonanno family captain Gerlando Sciascia, although

this crime was found to be relevant conduct at his sentencing.

Basciano and DeFilippo were first tried in January 2006; Basciano

was tried a second time in July 2007. Vitale was a crucial

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witness at both trials.

a. Basciano and DeFilippo Trial

Basciano and DeFilippo were tried beginning in January

2006, and after an eleven-week trial, convicted of various crimes

on May 9, 2006. The government elicited testimony from more than

seventy witnesses and introduced more than three hundred exhibits

at that trial. An anonymous jury returned a guilty verdict

against Basciano on the following crimes:

Count Charge Verdict

1 RICO Conspiracy (Title 18, United States Code, Section 1962(d))

Guilty

2 Illegal Gambling – Joker-Poker Machines (Title 18, United States Code, Section 1955)

No Verdict

11 Extortionate Collection of Credit Conspiracy - Peter Calabrese (Title 18, United States Code, Section 894(a))

Not Guilty

As part of the Count One racketeering conspiracy,

Basciano was charged with the following predicate acts that the

jury resolved as follows:

Racketeering Act #

Charge Finding

1 Illegal Gambling - Policy Operation (Title 18, United States Code, Sections 1955 and 2)

Proved

2 Illegal Gambling – Joker Poker Machines (Title 18, United States Code, Sections 1955 and 2)

Proved

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Racketeering Act #

Charge Finding

3a Conspiracy to Murder David Nunez (New York Penal Law Sections 125.25(1) and 105.15.)

Proved

3b Attempted Murder of David Nunez (New York Penal Law Sections 125.25(1), 110.00 and 20.00.)

Proved

5 Extortionate Extension of Credit Generoso Barbieri (Title 18, United States Code, Sections 892(a) and 2.)

Not Proved

6 Extortionate Extension of Credit John Palazzolo (Title 18, United States Code, Sections 892(a) and 2)

Not Proved

11 Conspiracy to Murder and Murder of Frank Santoro (New York Penal Law Sections 125.25(1) and 105.15 and New York Penal Law Sections 125.25(1) and 20.00)

No Verdict

12 Solicitation to Murder - Dominick “Donnie” Martino (New York Penal Law Section 125.25(1) and New York Penal Law Sections 100.10 and 20.00.)

No Verdict

13 Extortionate Collection of Credit Conspiracy - Peter Calabrese (Title 18, United States Code, Section 894(a)(1))

Not Proved

The jury did not reach a verdict on two of the murder

related predicates, although the jurors had voted 11:1 in favor

of conviction. The court ordered forfeiture against Basciano in

the amount of $5,400,000. As a result of this trial and a

retrial on certain charges discussed below, Basciano was

sentenced to a term of life imprisonment, with concurrent terms

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of five years of supervised release, and forfeiture in the amount

of $5,400,000. Basciano is currently incarcerated.3

The jury convicted DeFilippo of the following crimes:

Count Charge Result 1 RICO Conspiracy (Title 18, United States Code, Section 1962(d)) Guilty 2 Illegal Gambling – Joker-Poker Machines (Title 18, United States Code, Section 1955) Guilty 3 Illegal Gambling Conspiracy – Bookmaking (Title 18, United States Code, Section 371) Guilty 4 Illegal Gambling – Bookmaking (Title 18, United States Code, Section 1955) Guilty 5 Extortionate Collection of Credit Conspiracy (Title 18, United States Code, Sections 1955) Guilty 6 Extortionate Collection of Credit – Frank Giannini (Title 18, United States Code, Sections 894(a)(1)) Not Guilty 7 Extortionate Collection of Credit – Andrew LNU (Title 18, United States Code, Sections 894(a)(1)) Not Guilty 8 Murder-in-aid-of Racketeering – Gerlando Sciascia (Title 18, United States Code, Sections 1959(a)(1)) No Verdict 9 Conspiracy to Murder-in-aid-of Racketeering – Gerlando Sciascia (Title 18, United States Code, Sections 1959(a)(5)) No Verdict 10 Use of a Firearm During Crimes of Violence (Title 18, United States Code, Sections 924(c)(1)(A)(iii)) No Verdict

3 Basiano is also awaiting trial on a separate capital case, United States v. Vincent Basciano, 05 CR 060 (NGG) (E.D.N.Y.).

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As part of the Count One racketeering conspiracy,

DeFilippo was charged with the following predicate racketeering

acts that the jury resolved as follows:

Racketeering Act #

Charge Result

2 Illegal Gambling – Joker Poker Machines (Title 18, United States Code, Section 1955)

Proved

3a Conspiracy to Murder David Nunez (New York Penal Law Sections 125.25(1) and 105.15)

Proved

3b Attempted Murder of David Nunez (New York Penal Law Sections 125.25(1), 110.00 and 20.00)

Proved

4a Illegal Gambling – Bookmaking (Title 18, United States Code, Sections 1955 and 2)

Proved

4b Illegal Gambling – Bookmaking (New York Penal Law Sections 225.10(1) and 20.00)

Proved

7 Extortionate Collection of Credit Conspiracy (Title 18, United States Code, Section 894(a)(1))

Proved

8 Extortionate Collection of Credit (Title 18, United States Code, Section 894(a)(1))

Not Proved

9 Extortionate Collection of Credit – Andrew LNU (Title 18, United States Code, Section 894(a)(1))

Not Proved

10a Conspiracy to Murder – Gerlando Sciascia (New York Penal Law Sections 125.25(1) and 105.15.)

No Verdict

10b Murder of Gerlando Sciascia (New York Penal Law Sections 125.25(1) and 20.00.)

No Verdict

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As noted above, the jury did not acquit the defendant

DeFilippo of the Sciascia murder or otherwise acknowledge that

the government failed to prove an essential element of the

offense beyond a reasonable doubt. Rather, the jury was unable

to unanimously decide whether the government had proven or not

proven the defendant’s guilt as to the Sciascia murder and, based

on the note produced by the jury on May 9, 2006 marked as Court

Exhibit 34, eleven jurors apparently found the defendant to be

guilty of both the Sciascia murder racketeering act and the

murder-in-aid-of racketeering of Sciascia. DeFilippo was

sentenced on March 14, 2007 principally to a term of forty years’

imprisonment.

At trial, Vitale provided crucial testimony about the

role and association of both defendants in the Bonanno family,

and their roles in several of the charged acts, including the

Nunez attempted murder, the Sciascia and Santoro murders, and the

loansharking and illegal gambling predicates.

b. Basciano Retrial

Basciano was retried on those charges upon which the

first jury could not reach a verdict, as well as on additional

charges in superseding indictment S-8. On July 31, 2007, a jury

rendered a verdict convicting Basciano of all counts in 03 CR 929

(S-8), including racketeering – with predicate acts of murdering

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and conspiring to murder Frank Santoro, soliciting the murder of

Salvatore Vitale, soliciting the murder of Dominick Martino,

conspiring to distribute marijuana, and two forms of illegal

gambling (sports betting and an illegal lottery) – and

substantive counts including marijuana distribution conspiracy

and three forms of illegal gambling (sports betting, an illegal

lottery, and joker poker machines). The verdicts are summarized

below:

Count Charge Verdict

1 Racketeering (Title 18, United States Code, Section 1962(c))

Guilty

2 Illegal Gambling – Joker Poker (Title 18, United States Code, Section 1955)

Guilty

3 Marijuana Distribution Conspiracy (Title 21, United States Code, Section 846)

Guilty

4 Illegal Gambling - Lottery (Title 18, United States Code, Section 1955)

Guilty

5 Illegal Gambling - Sports Betting (Title 18, United States Code, Section 1955)

Guilty

As part of the Count One racketeering charge, Basciano

was charged in the following predicate racketeering acts that the

jury resolved as follows:

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Racketeering Act #

Charge Finding

1a Conspiracy to murder - Frank Santoro (New York Penal Law Sections 125.25(1) and 105.15)

Proved

1b Murder of Frank Santoro (New York Penal Law Sections 125.25(1) and 20.00)

Proved

2 Solicitation of murder Salvatore Vitale (New York Penal Law Sections 125.25(1), 100.00 and 20.00)

Proved

3 Solicitation of murder Dominick “Donnie” Martino (New York Penal Law Sections 125.25(1), 100.00 and 20.00)

Proved4

4 Conspiracy to Distribute Marijuana (Title 21, United States Code, Section 846)

Proved

5 Illegal Gambling - Lottery (Title 18, United States Code, Section 1955)

Proved

6a Illegal Gambling - Sports Betting (Title 18, United States Code, Section 1955)

Proved

6b Illegal Gambling - Sports Betting (New York Penal Law Sections 225.10(1) and 20.00)

As in the first trial, Vitale was an important witness

who provided details of Basciano’s involvement in several of the

most significant charged crimes. On March 31, 2008, Basciano was

4 The jury returned a special verdict indicating it found both that Joseph Massino was a person solicited by Basciano to murder Dominick Martino and that Cicale was a person solicited by Basciano to murder Dominick Martino.

57are set forth below.

sentenced to life imprisonment, five years supervised release,

and a $600 special assessment, and was ordered to comply with the

Court’s forfeiture order.

C. United States v. Urso, et al., 03 CR 1382 (NGG)

On January 15, 2004, a grand jury sitting in the

Eastern District of New York returned a twenty-count superseding

indictment charging twenty-eight defendants in United States v.

Urso, et al., 03 CR 1382 (NGG). The Urso prosecution charged

each active member of the Bonanno family administration then at

liberty and virtually every criminal supervisor in that

enterprise. In total, twenty-eight members and associates of the

Bonanno family were indicted for more than fifty different

criminal acts, including sixteen murders, murder conspiracies,

and attempted murders. To date, every indicted defendant has

either pled guilty or been convicted after trial, including the

acting boss/acting consigliere, the acting underboss, eight

present or former captains or acting captains, thirteen soldiers,

including the most powerful member of the mafia in Canada, and

four associates. Twenty-four defendants were charged with

racketeering conspiracy, which included predicate acts of

attempted murder, murder conspiracy, murder, illegal gambling,

extortion, loansharking, narcotics trafficking, robbery

conspiracy, and mail fraud. The Urso prosecution likely stands

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as the most significant prosecution in a single organized crime

family – and Salvatore Vitale was among the most crucial

witnesses who provided information leading to the indictment and

conviction of these defendants.

The Bonanno family has thrived on violence for

decades, a fact revealed over and again by the Urso

investigation. The charged crimes – largely unsolved prior to

the indictment in this matter – vividly demonstrated the

systematic violence carried out by the Bonanno family. Those

crimes included the attempted murder of Anthony Coglitore, who

was gunned down in his driveway in 1978 due to suspicion that he

was involved in an attempted murder of a Bonanno family soldier;

the May 1981 triple murder of Bonanno captains Alphonse “Sonny

Red” Indelicato, Philip “Phil Lucky” Giaccone, and Dominick “Big

Trin” Trinchera; the August 1981 murder of Bonanno family captain

Dominick “Sonny Black” Napolitano due to his role in introducing

FBI undercover agent Joseph Pistone (“Donnie Brasco”) into the

Bonanno family; the November 1983 murder of Enrico Mazzeo, a

former deputy commissioner of the New York City Marine and

Aviation Department, killed because the Bonanno family feared he

might cooperate with law enforcement; the April 1984 murder of

Bonanno family captain Cesare Bonventre, whose mutilated body was

stuffed into steel barrels in a warehouse in New Jersey; the May

1986 double murder of Robert Capasio and Joseph Platia; the 1987

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murder of Bonanno family captain Gabriel Infanti, whose body was

never recovered; the January 1990 murder of Bonanno family

associate Louis Tuzzio due to his involvement in shooting a

relative of a high ranking member of the Gambino family; the May

1990 murder of Bonanno family associate Anthony Tomasulo due to

his refusal to pay gambling proceeds; the May 1991 murder of

Bonanno family soldier Russell Mauro, whose body was left in a

body bag in the trunk of a parked car; the March 1992 murder of

Sebastian DiFalco, who was killed by gunshot wounds to the head

and brain; and the April 1992 murder of Robert Perrino, who,

while controlling the Bonanno family’s operations at the New York

Post, was killed due to mere suspicions that he was cooperating

with law enforcement. These murders, and others, preserved and

protected the Bonanno family’s various illegal “rackets” – from

gambling and narcotics operations to extortions, loansharking,

robberies, and other fraud schemes.

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A summary of the charged crimes is included below.

Count Charge Defendants 1 Racketeering Conspiracy (Title 18, United States Code, Section 1962(d)) Anthony Urso Joseph Cammarano Louis Attanasio Peter Calabrese Joseph DeSimone Robert Attanasio Generoso Barbieri Anthony Furino Michael Cardello Louis Restivo Sandro Aiosa Baldassare Amato Peter Cosoleto Joseph DiStefano Stephen LoCurto Philip Navarra John Palazzolo Richard Riccardi Vito Rizzuto Joseph Sabella Joseph Torre Frank Ambrosino Anthony Basile Patrick Romanello 2 Extortionate Extension of Credit Conspiracy (January 1980 December 2000) (Title 18, United States Code, Sections 892(a)) Louis Attanasio 3 Extortionate Collection of Credit Conspiracy (January 1980 December 2000) (Title 18, United States Code, Sections 894(a)(1)) Louis Attanasio Robert Attanasio 4 Illegal Gambling – Joker-Poker Machines (January 1988 - December 2002) (Title 18, United States Code, Section 1955) Anthony Urso Joseph Cammarano Generoso Barbieri Louis Restivo Sandro Aiosa Baldassare Amato Anthony Navarra Philip Navarra

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Count Charge Defendants 5 Illegal Gambling Conspiracy – Baccarat (January 1990 - January 2003) (Title 18, United States Code, Section 371) Louis Restivo Sandro Aiosa Baldassare Amato Philip Navarra Michele Sottile 6 Illegal Gambling – Baccarat (January 1990 - January 2003)(Title 18, United States Code, Section 1955) Louis Restivo Sandro Aiosa Baldassare Amato Philip Navarra Michele Sottile 7 Extortionate Collection of Credit Conspiracy (January 1991 December 1999) (Title 18, United States Code, Section 894(a)(1)) Joseph Cammarano Joseph DeSimone 8 Extortionate Collection of Credit Conspiracy (January 1994 January 2003) (Title 18, United States Code, Section 894(a)(1)) Anthony Furino 9 Extortionate Collection of Credit/John Doe #9 (January 1995 - January 2003) (Title 18, United States Code, Section 894(a)(1)) Joseph Cammarano Joseph DeSimone 10 Extortionate Extensions of Credit (January 1997 - December 2003)(Title 18, United States Code, Section 892(a)) Peter Calabrese 11 Extortionate Collection of Credit/John Doe #8 (January 1999 - October 2003) (Title 18, United States Code, Section 894(a)(1)) Anthony Furino 12 Extortionate Collection of Credit/John Doe #12 (January 1999 - October 2003) (Title 18, United States Code, Section 894(a)(1)) Anthony Furino 13 Extortionate Extension of Credit Conspiracy (January 1999 November 2002) (Title 18, United States Code, Section 892(a)) Gino Galestro

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Count Charge Defendants 14 Felon-in-Possession (January 2001 - January 2002) (Title 18, United States Code, Sections 922(g)(1), 924(a)(2)) Joseph Torre 15 Extortionate Extension of Credit (January 2002 - December 2003) (Title 18, United States Code, Section 892(a)) Anthony Basile 16 Extortionate Collection of Credit (January 2002 - December 2003) (Title 18, United States Code, Section 894(a)(1)) Anthony Basile 17 Extortionate Extension of Credit Conspiracy/John Doe #13 (February 2002 - September 2002) (Title 18, United States Code, Section 892(a)) Joseph Sabella 18 Extortionate Collection of Credit Conspiracy/John Doe #13 (February 2002 - September 2002) (Title 18, United States Code, Section 894(a)(1)) Joseph Sabella 19 Mail Fraud Conspiracy (July 2003 - October 2003) (Title 18, United States Code, Section 371) Joseph DeSimone Robert Angerome 20 Mail Fraud (July 2003 - October 2003) (Title 18, United States Code, Section 1341) Joseph DeSimone Robert Angerome

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As part of the Count One racketeering conspiracy,

these defendants were charged with the following fifty predicate

acts detailed below.

Racketeering Act #

Crime Defendants

1 Murder Conspiracy/Attempted Murder of Anthony Coglitore (1979) (New York Penal Law Sections 125.25(1), 105.15, 20.00 and 110.00)

John Palazzolo

2 Loansharking (1980-1995)(Title 18, United States Code, Sections 892(a) and 894(a)(1))

John Palazzolo

3 Loansharking (1980-2000) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Louis Attanasio Robert Attanasio

4 Extortionate Extensions of Credit/Collection of Extensions of Credit by Extortionate Means from John Doe #1 (1980-1985) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Louis Attanasio

5 Murder Conspiracy of Alphonse “Sonny Red” Indelicato, Philip “Phil Lucky” Giaccone and Dominick Trinchera and Murder of Alphonse “Sonny Red” Indelicato (1981) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00.)

Vito Rizzuto

6 Murder of Philip “Phil Lucky” Giaccone (1981) (New York Penal Law Sections 125.25(1) and 20.00)

Vito Rizzuto

7 Murder of Dominick “Big Trin” Trinchera (1981) (New York Penal Law Sections 125.25(1) and 20.00)

Vito Rizzuto

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Racketeering Act #

Crime Defendants

8 Murder of Dominick “Sonny Black” Napolitano (1981) (New York Penal Law Sections 125.25(1) and 20.00)

Richard Riccardi

9 Murder/Murder Conspiracy of Enrico Mazzeo (1982) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00)

Patrick Romanello

10 Murder/Murder Conspiracy of Cesare Bonventre (1984) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00)

Peter Calabrese Robert Attanasio Louis Attanasio

11 Illegal Gambling – Policy Operation (1985-1995) (Title 18, United States Code, Section 1955)

Louis Attanasio Robert Attanasio Peter Calabrese

12 Loansharking Conspiracy (1986-2003) (Title 18, United States Code, Section 894(a)(1))

Anthony Furino Anthony Urso

13 Murder/Murder Conspiracy of Robert Capasio (1986) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00)

Richard Riccardi

14 Murder/Murder Conspiracy of Joseph Platia (1986) (New York Penal Law Sections 125.25(1), 105.15, 20.00 and 110.00)

Stephen LoCurto

15 Murder/Murder Conspiracy of Gabriel Infanti (1987) (New York Penal Law Sections 125.25(1), 105.15, 20.00 and 110.00)

Michael Cardello Louis Restivo

16 Extortion of F&M Concrete (1987-1992) (Title 18, United States Code, Section 1951(a))

Louis Restivo

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Racketeering Act #

Crime Defendants

17 Extortionate Extensions of Credit/Collection of Extensions of Credit by Extortionate Means from John Doe #2 (1987-1992) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Louis Attanasio

18 Collection of Extensions of Credit by Extortionate Means from John Doe #3 (1987-1995) (Title 18, United States Code, Section 894(a)(1))

Generoso Barbieri

19 Collection of Extensions of Credit by Extortionate Means from John Doe #4 (1987-1995) (Title 18, United States Code, Section 894(a)(1))

Generoso Barbieri

20 Collection of Extensions of Credit by Extortionate Means from John Doe #5 (1987-1995) (Title 18, United States Code, Section 894(a)(1))

Generoso Barbieri

21 Extortionate Extensions of Credit/Collection of Extensions of Credit by Extortionate Means from John Doe #6 (1988-1992) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Louis Attanasio

22 Joker Poker Machines (19882002) (Title 18, United States Code, Section 1955)

Baldassare Amato Generoso Barbieri Sandro Aiosa Joseph Cammarano Philip Navarro Louis Restivo Anthony Urso

23 Murder/Murder Conspiracy of Louis Tuzzio (1990) (New York Penal Law Sections 125.25(1), 105.15, 20.00 and 110.00)

Patrick Romanello Frank Ambrosino

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Racketeering Act #

Crime Defendants

24 Extortion of Wall Street Disco (1990-2002)(Title 18, United States Code, Section 1951(a))

Joseph DiStefano

25 Murder/Murder Conspiracy of Anthony Tomasulo (1990) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00)

Joseph Cammarano Michael Cardello Louis Restivo Anthony Urso

26 Illegal Gambling – Baccarat (1990-2003) (Title 18, United States Code, Section 1955)

Sandro Aiosa Baldassare Amato Philip Navarro Louis Restivo

27 Marijuana Distr. Conspiracy (1990-1993) (Title 21, United States Code, Sections 841(a)(1) and 846)

Anthony Basile

28 Murder/Murder Conspiracy of Russell Mauro (1991) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00)

Joseph DeSimone Generoso Barbieri Peter Cosoleto John Palazzolo Michael Cardello

29 Marijuana Distr. Conspiracy (1991-1999) (Title 21, United States Code, Sections 841(a)(1) and 846)

Peter Cosoleto

30 Marijuana Distr. Conspiracy (1991-1999) (Title 21, United States Code, Sections 841(a)(1) and 846)

Stephen LoCurto

31 Loansharking (1991-1999) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Joseph Cammarano Joseph DeSimone Michael Cardello

32 Murder/Murder Conspiracy Sebastian “Sammy” DiFalco (1992) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00)

Baldassare Amato

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Racketeering Act #

Crime Defendants

33 Murder/Murder Conspiracy Robert Perrino (1992) (New York Penal Law Sections 125.25 (1), 105.15, 20.00 and 110.00)

Frank Ambrosino Baldassare Amato Anthony Basile Michael Cardello

34 Collection of Extensions of Credit by Extortionate Means from John Doe #7 (1993-1994) (Title 18, United States Code, Section 894(a)(1))

Michael Cardello

35 Collection of Extensions of Credit by Extortionate Means from John Doe #8 (1994-2003) (Title 18, United States Code, Section 894(a)(1))

Anthony Furino

36 Collection of Extensions of Credit by Extortionate Means from John Doe #3 (1995) (Title 18, United States Code, Section 894(a)(1))

Generoso Barbieri

37 Extortion of Bistro Restaurant (1995-2002) (Title 18, United States Code, Section 1951(a))

Joseph Sabella Joseph Torre

38 Loansharking (1995-1999) (Title 18, United States Code, Sections 892 and 894(a)(1))

Joseph Cammarano

39 Collection of Extensions of Credit by Extortionate Means from John Doe #9 (1995-2003) (Title 18, United States Code, Section 894(a)(1))

Joseph Cammarano Joseph DeSimone

40 Extortion of John Doe #10 (1996-2002) (Title 18, United States Code, Section 1951(a))

Joseph Sabella Joseph Torre

41 Loansharking (1997-2003) (Title 18, United States Code, Sections 892 and 894(a)(1))

Peter Calabrese

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Racketeering Act #

Crime Defendants

42 Extortionate Extension of Credit Conspiracy (1997-2003) (Title 18, United States Code, Section 892)

Joseph Torre

43 Robbery Conspiracy of Café Vienna (1997) (Title 18, United States Code, Section 1951(a))

Baldassare Amato

44 Collection of Extensions of Credit by Extortionate Means from John Doe #11 (1998-2003) (Title 18, United States Code, Section 1951(a))

Joseph DiStefano Anthony Urso Philip Navarra

45 Collection of Extensions of Credit by Extortionate Means from John Doe #12 (1999-2003) (Title 18, United States Code, Section 894(a)(1))

Anthony Furino

46 Conspiracy to Distribute Ecstacy (1999) (Title 21, United States Code, Sections 841(a)(1) and 846)

Stephen LoCurto

47 Extortion of Catering Business - John Doe #16 (1998-2003) (Title 18, United States Code, Section 1951(a))

Stephen LoCurto

48 Loansharking (2002-2003) (Title 18, United States Code, Sections 892 and 894(a)(1))

Anthony Basile

49 Loansharking Conspiracy - John Doe #17 (2002) (Title 18, United States Code, Sections 892 and 894(a)(1))

Joseph Sabella

50 Mail Fraud (2003) (Title 18, United States Code, Section 1341)

Joseph DeSimone

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As further discussed below, Vitale provided evidence

about virtually every crime charged in the Urso prosecution – and

about all of the most serious crimes.

1. The Pled Defendants

The compelling evidence gathered during the Urso

investigation, including the availability of Vitale as a witness,

ultimately led to guilty pleas by twenty-five defendants, which

included substantial sentences for Bonanno family acting boss and

acting consigliere Anthony Urso and Bonanno family acting

underboss Joseph Cammarano, as well as substantial pleas for

others, detailed below.

a. Anthony Urso

At the time of his arrest, Anthony Urso was a

longstanding member and captain in the Bonanno family who served

as the acting boss and acting consigliere. Vitale provided

information as to Urso’s membership in the Bonanno family and his

involvement in specific crimes, including crimes of violence,

like the conspiracy to murder, and murder of, Anthony Tomasulo.

Urso was involved in bringing Tomasulo to the location where he

was ultimately murdered. Further, during the course of the

government’s investigation, Urso was recorded advocating the

murder of family members of cooperating witnesses. On February

11, 2005, Urso pled guilty to racketeering conspiracy, which

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included predicate acts of loansharking, illegal gambling through

the use of joker-poker machines, the conspiracy to murder, and

murder of, Anthony Tomasulo, and extortion. The Court sentenced

Urso to a term of twenty years’ imprisonment, three years’

supervised release, and a $100 special assessment, pursuant to

the term of his plea agreement which was entered pursuant to

Federal Rule of Criminal Procedure 11(c)(1)(B). Vitale’s

cooperation was crucial to Urso’ indictment and conviction, and

Vitale was available to testify had Urso proceeded to trial.

b. Joseph Cammarano

At the time of his arrest, Joseph Cammarano was a

longtime captain and the current acting underboss of the Bonanno

family. He was charged in the Count One racketeering conspiracy,

which included racketeering acts of illegal gambling,

loansharking, and murder/murder conspiracy. In particular,

Cammarano was charged with the 1990 conspiracy to murder, and

murder of, Bonanno family associate Anthony Tomasulo. Vitale

provided information that led to Cammarano’s indictment, and he

was available to testify at this trial. As discussed above,

Tomasulo was murdered because he did not share the profits of his

father’s lucrative joker-poker machine business with other

members of the Bonanno family after his father’s death. On May

24, 1990, Anthony Tomasulo’s body was found in the rear seat of

his car.

71 On February 11, 2005, Cammarano pled guilty to the

conspiracy to murder Anthony Tomasulo in-aid-of racketeering and

another count of illegal gambling. On May 20, 2005, this Court

sentenced Cammarano to a term of fifteen years’ imprisonment (the

maximum term available under the applicable statutes), three

years of supervised release, and a $200 special assessment.

c. Louis Attanasio

Louis Attanasio was a longtime member of the Bonanno

family who held a series of high-ranking positions and who served

a series of prison terms, some for violations of his supervised

release. He previously served as both a captain in the Bonanno

family and the acting underboss. Attanasio was arrested on

twelve occasions from 1961 to 1996 for crimes including assault,

criminal possession of a deadly weapon, tax charges, forgery,

possession of a forged instrument, filing a false instrument, and

loansharking.

In the instant prosecution, Attanasio was indicted for

racketeering conspiracy that included predicate acts charging

loansharking, illegal gambling, and the conspiracy to murder, and

murder of, Caesar Bonventre. With respect to the Bonventre

murder, Attanasio served as the shooter. Bonventre’s body was

found mutilated on April 16, 1984, stuffed in steel barrels in a

warehouse in New Jersey. After the murder, Attanasio took over

as the captain of Bonventre’s crew. Vitale, a participant in the

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Bonventre murder, provided an eyewitness account of Attanasio’s

involvement in that murder and other crimes, and provided vital

information that led to Attanasio’s indictment.

Attanasio pled guilty in August 2006 (including for

crimes related to the Bonventre murder) and he was sentenced by

this Court to a term of fifteen years’ imprisonment, three years

of supervised release, and a $100 special assessment.

d. Peter Calabrese

At the time of his arrest, Peter Calabrese was a

longtime soldier and then-captain in the Bonanno family and a

member of the Bonanno family’s “ruling panel.” He was indicted

for racketeering conspiracy, which included the following

predicate acts: illegal gambling, murder/murder conspiracy, and

loansharking. He was also charged with substantive counts.

Calabrese had been previously arrested as well: his criminal

history dated back to 1972, when he was first arrested for

possession of a forged instrument and “criminal simulation.”

Calabrese had also been arrested in 1980, 1981, and 1987, for a

series of gambling and loansharking offenses.

Vitale provided substantial evidence that led to

Calabrese’s indictment, and Vitale was available to testify. On

August 17, 2006, Calabrese pled guilty to racketeering offenses,

which included the conspiracy to murder Bonventre, and he was

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ultimately sentenced on September 20, 2006 by this Court to a

term of fifteen years’ imprisonment, three years of supervised

release, and a $100 special assessment.

e. Joseph DeSimone

Joseph DeSimone was a longtime member and a captain in

the Bonanno family. He was charged with racketeering conspiracy,

which included predicate acts involving murder and murder

conspiracy, loansharking, and mail fraud. With respect to the

murder predicate, DeSimone was charged in the 1991 murder of

Bonanno family soldier Russell Mauro. DeSimone was one of two

designated shooters in the Mauro murder, and as part of his plea

agreement, he stipulated to his role in the murder. He was also

charged with substantive counts of loansharking, mail fraud

conspiracy and mail fraud.

DeSimone had a history of firearms violations and

federal felony convictions and a lengthy criminal record.

DeSimone was previously arrested in 1975 (extortionate collection

of credit, for which he received a sentence of seven years’

incarceration), 1979 (convicted of conspiracy to possess with

intent to distribute narcotics, for which he received a sentence

of seven years incarceration), and 1994 (pled guilty to

conspiracy to engage in racketeering activity through the

collection of unlawful debts, in which the charged racketeering

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enterprise was the Bonanno family).

Vitale provided information that led directly to

DeSimone’s indictment. On April 28, 2006, DeSimone pled guilty

to the conspiracy to murder Russell Mauro in-aid-of racketeering

and to a separate count of the transmission of gambling

information. He was sentenced, as agreed upon by the parties and

accepted by the Court, principally to a term of twelve years’

imprisonment.

f. Robert Attanasio

At the time of his indictment, Robert Attanasio was a

soldier in the Bonanno family who also served as an acting

captain. He was also a convicted felon, with two prior arrests,

first in December 1972 for the transportation of obscene films

and again in June 1987 for filing a false tax return. Attanasio

was convicted on the 1987 tax charges and sentenced to a term of

imprisonment. Attanasio was charged here with racketeering

conspiracy, which included predicate acts for loansharking,

illegal gambling, and the conspiracy to murder, and murder of,

Bonanno family captain Caesar Bonventre. He was also charged

with a substantive count of extortionate collection of credit

conspiracy.

Vitale provided crucial evidence with respect to

Attanasio’s association with and position in the Bonanno family,

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as well as Attanasio’s involvement in the charge crimes,

including the Bonventre murder and murder conspiracy. On

September 20, 2006, Attanasio pled guilty to racketeering and

racketeering conspiracy, which included as predicate acts the

conspiracy to murder Bonventre and illegal gambling (policy

operation) and he was sentenced pursuant to the terms of his Rule

11(c)(1)(c) plea, on December 8, 2006, to the agreed-upon

sentence of ten years’ imprisonment, three years of supervised

release, and a $200 special assessment.

g. Anthony Furino

Anthony Furino, also known as “Anthony Black,” was a

member of the Bonanno family who also served as a captain.

Furino was indicted for racketeering conspiracy which included

loansharking and illegal gambling predicates. He pled guilty on

October 22, 2007 to racketeering conspiracy, which included

predicate acts charging extortionate collections of credit.

Furino was sentenced on May 13, 2005, to twenty-four months’

imprisonment, three years of supervised release, and a $100

special assessment. Vitale provided information both as to

Furino’s association and position in the Bonanno family, as well

as to his involvement in the Bonanno family’s loansharking

operation.

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h. Michael Cardello

Michael Cardello was a longtime soldier in the Bonanno

family, who also once served as a captain. He was indicted for

racketeering conspiracy with predicate acts charging loansharking

and the conspiracy to murder, and murder of, Anthony Tomasulo,

Russell Mauro, and Robert Perrino. Cardello served as the

shooter in the Tomasulo murder. Approximately one year after the

murder of Tomasulo, Cardello was involved with other members of

the Bonanno family in the murder of Bonanno family soldier

Russell Mauro. Finally, Cardello was involved in the murder of

Robert Perrino in May 1992. Cardello took Perrino to the

location where he was killed, a club controlled by Bonanno family

associate Anthony Basile.

Cardello was a previously convicted felon; he has four

prior convictions, including his 1994 felony conviction for

racketeering. Cardello was convicted in 1971 for possession of

gambling records, 1977 for disorderly conduct, and 1992 for

conspiracy in the fifth degree relating to his involvement to

defraud the Metropolitan News Company by falsifying business

records.

On April 28, 2006, Cardello pled guilty to the

conspiracy to murder Mauro in-aid-of racketeering, and he was

sentenced to ten years’ imprisonment, the maximum available

sentenced under the statute. He also received three years of

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supervised release and $100 special assessment. As with the

other defendants, Vitale provided crucial evidence that led to

Cardello’s indictment and his guilty plea.

i. Louis Restivo

At the time of his arrest, Louis Restivo was a soldier

in the Bonanno family; he previously served as a Bonanno family

captain. Restivo was charged in four counts, including the Count

One racketeering conspiracy enumerating five racketeering acts

involving murder/murder conspiracy (Gabriel Infanti and Anthony

Tomasulo), extortion, and illegal gambling (joker-poker machines

and baccarat gambling operations). Restivo assisted with the

Infanti murder by, among other acts, finding a location for the

murder and, ultimately, after Infanti’s murder was planned,

meeting with Infanti and driving him to the location of the

murder, where Infanti was shot by another member of the Bonanno

family. Restivo then took Infanti’s keys and moved his car,

leaving it at a location in Queens. Restivo also participated in

the murder of Bonanno family associate Anthony Tomasulo together

with, among others, Bonanno family members. Restivo provided a

body bag for the murder, was present at the murder, and helped

dispose of Tomasulo’s body.

On February 11, 2005, Restivo pled guilty to the

conspiracy to murder Tomasulo in-aid-of racketeering. This Court

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sentenced Restivo on May 31, 2005 to a term of ten years’

imprisonment, three years of supervised release, and a $100

special assessment.

j. Sandro Aiosa

Sandro Aiosa was a soldier in the Bonanno family; he

was charged with racketeering, which included various gambling

offenses as predicate acts. He pled guilty on October 22, 2004

and was sentenced on March 4, 2005, to a term of twelve months’

imprisonment, three years of supervised release, and $100 special

assessment. Vitale provided information with respect to Aiosa’s

involvement in the Bonanno family and the charged predicates.

k. Peter Cosoleto

Peter Cosoleto, known as “Petey Boxcars,” was a

soldier in the Bonanno family. He was charged with racketeering

conspiracy, which included the conspiracy to murder, and murder

of, Russell Mauro, and a narcotics distribution predicate.

Cosoleto served as one of the shooters in the Mauro murder. At

the time of his arrest, he had previously been convicted of

racketeering conspiracy as part of the Graziano/Massino

prosecution. Cosoleto pled guilty to the conspiracy to murder

Mauro in-aid-of racketeering on April 28, 2006 and was sentenced

to ten years’ imprisonment, three years of supervised release,

and a $100 special assessment.

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l. Joseph DiStefano

Joseph DiStefano was a soldier in the Bonanno family;

he was charged with racketeering conspiracy, which included

loansharking related predicates. He pled guilty on October 22,

2004 to these charges and was sentenced on April 22, 2005 to a

term of twenty-four months’ imprisonment, three years of

supervised release, and a $100 special assessment. Vitale

provided evidence that led to DiStefano’s indictment, and he was

available to testify against him.

m. Gino Galestro

Gino Galestro was a soldier in the Bonanno family. He

was charged with an extortionate extension of credit conspiracy

related to the Bonanno family, to which he pled guilty on October

22, 2004. This Court sentenced Galestro to a term of twenty-four

months’ imprisonment, three years of supervised release, and a

$100 special assessment. Of note, Galestro was later charged,

convicted, and sentenced in a separate prosecution in the Eastern

District of New York for his involvement in the murder of Robert

McKelvey, in which he was sentenced to twenty years’

imprisonment.

n. Anthony Navarra

Anthony Navarra, a soldier in the Bonanno family, pled

guilty to illegal gambling on March 4, 2005 and was sentenced

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principally to a term of three years’ probation. Vitale provided

information relating to both Navarra’s involvement in the Bonanno

family and the charged crime.

o. Philip Navarra

Philip Navarra, a soldier in the Bonanno family, pled

guilty to racketeering conspiracy, which included predicate acts

of illegal gambling and extortion. On April 8, 2005, this Court

sentenced Navarra to a term of twenty-one months’ incarceration,

three years of supervised release, a $100 special assessment and

a $50,000 fine. Vitale provided information relating to both

Navarra’s involvement in the Bonanno family and the charged

crime.

p. John Palazzolo

The defendant John Palazzolo was a longstanding member

of the Bonanno family. Palazzolo maintained his association with

the Bonanno family since his induction in 1977. He was indicted

for racketeering conspiracy, which included predicate acts of

loansharking, the 1979 conspiracy to murder, and attempted murder

of, Anthony Coglitore, and the 1991 murder of Bonanno family

soldier Russell Mauro. On December 26, 1978, members and

associates of the Bonanno family, including Palazzolo, shot

Anthony Coglitore five times as he entered his driveway in Staten

Island, New York. Coglitore was shot in retaliation for his

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suspected participation in the attempted murder of a member of

the Bonanno family whose car was blown up in September 1978.

Palazzolo, a longtime soldier in the Bonanno family, served as a

“backup” shooter on the Coglitore attempted murder. With respect

to the Mauro murder, Palazzolo was present to assist in the

murder and helped dispose of Mauro’s body. Additionally,

Palazzolo was involved in luring Mauro to the location where he

was killed.

At the time he was arrested, Palazzolo had recently

completed his term of supervised release, the conditions of which

he violated by meeting with other members of the Bonanno family

(and convicted felons). Palazzolo had previously been arrested

on four occasions on various extortions and fraud charges. While

serving his sentence on his 1994 arrest for theft of an

interstate shipment, Palazzolo was again arrested, convicted for

loansharking, and sentenced to fifty-seven months’ incarceration.

On April 28, 2006, Palazzolo pled guilty to the

conspiracy to murder Mauro in-aid-of racketeering, and on October

13, 2006, he was sentenced to ten years’ imprisonment, the

maximum available sentence under the statute. He also received

three years of supervised release and a $100 special assessment.

Vitale was an important witness with respect to the prosecution

of Palazzolo.

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q. Richard Riccardi

Richard Riccardi was a soldier in the Bonanno family;

he was charged with racketeering conspiracy, which included

predicate acts charging the conspiracy to murder and murder of

Dominick “Sonny Black” Napolitano and Robert Capasio. On April

28, 2006, Riccardi plea guilty to the conspiracy to murder

Bonanno family associate Ronald Filocomo in-aid-of racketeering

and he was sentenced, on November 17, 2006, to ten years’

imprisonment, the maximum available sentence under the statute.

He also received three years of supervised release and a $100

special assessment. Vitale provided evidence about Riccardi’s

involvement in the Bonanno family and about other details

relating to the murder charges.

r. Vito Rizzuto

That Bonanno family soldier Vito Rizzuto, described as

Canada’s most notorious criminal, was extradited and pled guilty

to a crime committed more than twenty-five years ago, was itself

unprecedented. At the time of his indictment, Rizzuto was the

most influential member of the Bonanno family crew that operates

in Montreal. He was charged with racketeering conspiracy and,

specifically, in predicate acts for the May 5, 1981 conspiracy to

murder, and murder, of Bonanno family captains Alphonse “Sonny

Red” Indelicato, Philip “Phil Lucky” Giaccone, and Dominick “Big

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Trin” Trinchera – who were believed to be plotting to take

control of the Bonanno family from Bonanno family boss Phil

Rastelli. Rizzuto pled guilty on May 4, 2007 to racketeering

conspiracy, which included the murders of Indelicato, Giaccone,

and Trinchera as predicate acts. On May 25, 2007, Rizzuto was

sentenced pursuant to the terms of his Rule 11(c)(1)(c) plea to a

term of ten years’ imprisonment, three years of supervised

release, and a $100 special assessment.

s. Joseph Sabella

Joseph Sabella was a soldier in the Bonanno family; he

was charged with racketeering conspiracy which included predicate

acts of loansharking and extortion. He pled guilty on October

22, 2004 to racketeering conspiracy, which included the extortion

of the Bistro Restaurant and extortionate extension of credit

conspiracy. He was sentenced to twenty-four months’

imprisonment, three years of supervised release, and a $100

special assessment on April 22, 2005.

t. Joseph Torre

Joseph Torre served as a soldier and acting captain in

the Bonanno family. He was indicted for racketeering conspiracy

(which included predicate acts of loansharking and extortion) and

being a felon in possession of a firearm. He pled guilty on

October 22, 2004, to racketeering conspiracy, which included the

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charged extortion and loansharking predicates, and was sentenced

on March 25, 2005 to a term of twenty-four months’ imprisonment,

three years of supervised release, and a $100 special assessment.

Vitale provided information relating to Torre’s involvement in

the Bonanno family.

u. Patrick Romanello

Patrick Romanello, also known as “Patty Muscles,” was

a Bonanno family associate. He was charged with racketeering

conspiracy and, specifically, with predicate acts concerning the

1983 conspiracy to murder, and murder of, Enrico Mazzeo and the

1990 conspiracy to murder, and murder of, Louis Tuzzio. Mazzeo

was a former deputy commissioner of the New York City Marine and

Aviation Department. Mazzeo was killed in part because members

and associates of the Bonanno family feared that he might

cooperate with law enforcement and provide information about the

criminal activities of the Bonanno family. Mazzeo’s body was

recovered in November 1982 in the trunk of a parked car.

Romanello served as a backup shooter on Mazzeo’s murder and fired

at Mazzeo after Mazzeo was first shot by another participant in

the murder. Romanello was also responsible for assisting in the

disposal of Mazzeo’s body. Tuzzio was murdered due to his

involvement in the murder of Bonanno family associate Gus Farace,

which resulted in the shooting of Joseph Sclafani, the son of

Gambino family soldier August Sclafani. Farace was killed

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because he had murdered DEA Special Agent Everett Hatcher (who

was working in an undercover capacity), and the law enforcement

investigation into Hatcher’s murder resulted in increased

scrutiny on the activities of the Cosa Nostra families. During

the course of the murder of Farace, which was authorized by

superiors in the Bonanno family, members of Tuzzio’s crew shot

Sclafani. Sclafani was injured but did not die. As a result of

the shooting of Sclafani, Gambino family boss John Gotti ordered

the Bonanno family to kill Tuzzio – which they did. Tuzzio was

shot and killed on January 3, 1990, by Romanello and other

members and associates of the Bonanno family. Romanello was

present in the vicinity of the location where Tuzzio was to be

murdered so that he could serve as a “backup,” and after the

murder, they drove to the murder scene to retrieve and dispose of

the murder weapon. Vitale provided evidence as to each of these

crimes.

v. Michele Sottile

Michelle Sottile, an associate in the Bonanno family,

was charged with various gambling offenses relating to the

Bonanno family’s baccarat gambling operation. Vitale provided

information relating to this operation. On October 22, 2004,

Sottile pled guilty to illegal gambling and was sentenced on

March 7, 2005, principally to time served and a term of three

years of supervised release.

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2. Trial Defendants

Three defendants, Bonanno family soldiers Baldassare

Amato and Stephen LoCurto and Bonanno family associate Anthony

Basile, proceeded to trial in the Summer of 2006, and each was

convicted of every charged crime and predicate act.

Specifically, after an eight-week trial, the defendants were

convicted of racketeering conspiracy and other offenses, which

included three murders (Joseph Platia, Sebastian “Sammy” DiFalco,

and Robert Perrino), drug dealing, gambling, and robbery in

furtherance of the activities of the Bonanno family. Amato and

Basile were convicted of the Perrino murder; Amato was also

convicted of the murder of Bonanno family associate Sammy

DiFalco; and LoCurto was convicted of the murder of Joseph

Platia.

Vitale provided important details about each of the

murders, as well as about the defendants’ association with the

Bonanno family and their involvement in other crimes. In

particular, Vitale provided important details about the Perrino

murder – which he ordered. Amato and LoCurto have since been

sentenced to life terms. Basile also faces life imprisonment at

sentencing.

With respect to the Platia murder, Vitale was an

important trial witness. Although he was unfamiliar with the

particular names of the victims, he testified that within the

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same time frame, Infanti contacted Vitale about an “emergency.”

When Infanti and Vitale met, Infanti reported that LoCurto had

killed an individual in Manhattan and was arrested while walking

away from the murder scene with the murder weapon. Infanti asked

Vitale to convey this information to Bonanno family boss Joseph

Massino. Massino, Vitale and Infanti later met, and Massino

chastised Infanti for his failure to complete the murder.

Massino eventually had Infanti murdered, in part because of

Infanti’s mistakes in the Platia-Capasio double murder.

Vitale also testified about the DiFalco murder,

detailing a conversation he had with Bonanno family boss Joseph

Massino, in which Massino stated that Amato killed DiFalco

because Amato believed that DiFalco was stealing from the

Giannini Restaurant, which Amato operated and where DiFalco

worked.

Additional details as to each Urso trial defendant are

provided below.

a. Baldassare Amato

Amato was a longstanding and dangerous member of the

Bonanno family; he was inducted into the Bonanno family in the

late 1970s. At the time of his indictment in this matter, he was

incarcerated based on his 1999 conviction in the Eastern District

of New York. Amato was indicted in January 2004 for racketeering

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conspiracy which included five predicate acts: two acts involving

murder and murder conspiracy (the Perrino and DiFalco murders),

two acts involving illegal gambling, and a fifth act involving an

armed robbery. The jury found Amato liable for each of the

charged crimes and predicates. The evidence established that, on

the Perrino murder, Amato served as a “shooter.” That was only

one of three acts of violence for which Amato was convicted.

Several months prior to Perrino’s murder, Amato was involved in

the murder of Sebastian “Sammy” DiFalco. Amato was also

convicted for ordering the violent armed robbery of patrons and

employees of Café Vienna in Queens in March 1997 – a crime as to

which Amato pled guilty in a prior prosecution in the Eastern

District of New York.

Amato was no stranger to the criminal justice system:

he has four prior felony convictions. More than thirty years

ago, Amato was arrested and later convicted in Valley

Stream/Mineola, New York, together with Caesar Bonventre, another

member of the Bonanno family. At the time, police recovered the

following items from the car in which Amato and Bonventre were

stopped: two fully loaded .38 caliber revolvers, a switchblade,

five rounds of wadcutter bullets, two black ski masks, and a

rubber Halloween mask. In 1988, Amato was convicted of

racketeering in the “Pizza Connection” case,” which involved an

international narcotics trafficking operation. Finally, in July

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2000, Amato pled guilty before United States District Judge

Sterling Johnson to conspiring rob the patrons and employees of

the Café Vienna in Queens, New York (which formed the basis of

one of the charged predicates here) and later in June 2001, Amato

pled guilty to being a felon in possession in the Northern

District of New York, relating to his possession of a Smith and

Wesson Model 10 .38 caliber revolver.

On October 27, 2006, this Court sentenced Amato to

life imprisonment, a term of lifetime supervision, a $400 special

assessment and a $250,000 fine.

b. Steve LoCurto

Steven LoCurto was a soldier in the Bonanno family and

a three-time convicted felon. At the time of his indictment in

the instant case, LoCurto was serving a term of incarceration

imposed by this Court for marijuana trafficking. LoCurto was

charged with racketeering conspiracy including predicate acts for

murder/murder conspiracy (Joseph Platia), narcotics trafficking

(MDMA and marijuana trafficking), and extortion. The jury

convicted LoCurto of each of these crimes – including the brutal

murder of Platia, for which he was previously acquitted in state

court.

On May 9, 1986, LoCurto shot Platia five times as

Platia sat in a car on the northwest corner of 35th Street and

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10th Avenue. LoCurto was arrested within blocks of the murder

scene soon after he shot Platia. At the time, he was in

possession of a .38 Caliber revolver. One of the arresting

Officers took the firearm recovered from LoCurto, sniffed it,

detected the odor of fresh gun powder, determined that the barrel

and chamber of the gun were still warm, and observed that there

were five spent shells in the revolver. On the night of the

Platia murder, members and associates of the Bonanno family shot

and killed Bonanno family associate Robert Capasio at an

apartment in Brooklyn, New York. After Capasio was killed, it

was determined that Platia, who was waiting for Capasio, would

know who killed Capasio and, accordingly, Platia was murdered.

The owner of the vehicle in which Platia’s body was recovered

made a statement to the New York City Police Department

investigators that she had lent her car to Robert Capasio (the

first murder victim).

As noted, LoCurto had been arrested and convicted on

numerous occasions dating back more than twenty years. He was

arrested in 1980 (charged with criminal possession of marijuana,

he was convicted of a lesser included offense and sentenced to a

term of probation which was later revoked); 1981 (arrested for

criminal impersonation and resisting arrest and criminal

possession of a controlled substance - cocaine - and operation of

a motor vehicle with a suspended license); 1983 (charged with

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promoting gambling, possessing gambling receipts and possession

of a gambling device - a slot machine); 1986 (arrested and

charged with criminal possession of a weapon and murder in

relation to the shooting of Joseph Platia described above);

October 1990 (arrested for assault relating to an altercation

during which LoCurto punched another male after an argument);

2000 (indicted and convicted of conspiring to possess with intent

to distribute MDMA); and in December 2002 (arrested, charged, and

convicted of conspiring to distribute marijuana in the Eastern

District of New York).

On February 20, 2007, this Court sentenced LoCurto to

a term of life imprisonment and a $100 special assessment.

c. Anthony Basile

Anthony Basile was a longtime associate in the Bonanno

family. He was indicted for racketeering conspiracy, which

included predicate acts for narcotics trafficking, murder/murder

conspiracy (Perrino murder), and loansharking, and substantive

counts for extortionate extension of credit and extortionate

collection of debt. The jury found Basile guilty of all of the

charged crimes. With respect to the Perrino murder, Basile

provided a location for the murder and served on the “cleanup”

team, aiding in the disposal of Perrino’s body at a location in

Staten Island. Basile faces life imprisonment at sentencing.

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* * * * *

The Urso prosecution was significant in every way, and

Vitale was a crucial witness as to almost every defendant and

criminal act charged.

D. United States v. Basciano/Mancuso, 05 CR 0600 (NGG)

Beginning in 2005, a grand jury sitting in the Eastern

District of New York returned a series of indictments charging

Bonanno family acting bosses Vincent Basciano (with crimes

separate from those discussed above) and Michael Mancuso, Bonanno

family captain Dominick Cicale and Bonanno family soldiers

Anthony “Bruno” Indelicato, Anthony Donato, and Anthony Aiello,

among others. These defendants were charged with a variety of

racketeering-related crimes including the February 15, 2001

murder of Frank Santoro and the December 1, 2004 murder of

Bonanno family associate Randolph Pizzolo.

Pizzolo’s body was found in the street in an

industrial section of Greenpoint, Brooklyn. He had been shot

numerous times. His vehicle, a new BMW, was left idling nearby

and his wallet was found on his body. Pizzolo was an associate

of the Bonanno family who, in 2004, was under Basciano, and it

was Basciano who ordered Pizzolo’s murder.

Each of the defendants except Basciano has resolved

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the outstanding charges through a plea agreement. Details

relating to each defendant and the resolution of these charges is

detailed below. Of note, although Vitale did not possess details

as to the Pizzolo murder, which occurred after Vitale began

cooperating, evidence relating to those crime was gathered by

witnesses – namely, members of the Bonanno family – who

cooperated in part due to evidence that Vitale provided and which

resulted in their own prosecution. Further, Vitale provided

evidence about both the Santoro murder and the roles of various

defendants in the Bonanno family pertaining to the charges in

this case.

1. The Pled Defendants

As further discussed below, defendants Mancuso,

Indelicato, Donato and Aiello all pled guilty prior to trial.

a. Michael Mancuso

At the time of his arrest, Mancuso was the acting boss

of the Bonanno family, and thus the highest ranking member of

that family at liberty. Mancuso was charged with murder-in-aid

of racketeering, conspiracy to murder-in-aid of racketeering and

firearms possession in furtherance of those crimes, relating to

the December 2004 murder of Bonanno family associate Randolph

Pizzolo. Mancuso was no stranger to crime or violence; he has a

serious criminal history involving acts of violence.

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Specifically, Mancuso has a 1978 New York state felony conviction

for criminal possession of a weapon, a 1986 New York state felony

conviction for manslaughter (for the killing of his wife), and

various 1996 New York state misdemeanor convictions for menacing,

assault, resisting arrest, and attempted assault.

On August 6, 2008, Mancuso pled guilty to the

conspiracy to murder Bonanno family associate Randolph Pizzolo

in-aid-of racketeering and another count of illegal gambling.

The statutory maximum sentence for these crime is fifteen years’

imprisonment. On December 16, 2008, this Court sentenced Mancuso

to the maximum fifteen-year sentence, three years of supervised

release, and a $200 special assessment. Mancuso was the fifth

consecutive boss or acting boss of the Bonanno family (including

Anthony Spero, Joseph Massino, Anthony Urso, and Vincent

Basicano), convicted of a crime of violence in the last decade.

Vitale provided significant information about Mancuso

– specifically, his role and associations in the Bonanno family

and his involvement in the murder of Bonanno family captain

Gerlando Sciascia – an uncharged crime for which Mancuso received

“coverage” in his plea agreement.

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b. Anthony Indelicato

Bonanno family soldier (and former captain) Anthony

Indelicato was charged with racketeering, which included

predicate acts of murder and murder conspiracy, relating to the

2001 murder of Frank Santoro, and a predicate act of conspiring

to murder Bonanno captain Patrick DeFilippo. Indelicato was also

charged with substantive counts for the DeFilippo murder

conspiracy and the Santoro murder.

Indelicato is a longstanding member of the Bonanno

family, and he has a significant history of violence, including

his 1986 conviction in the “Commission” case for his role as a

shooter in the murders of Bonanno acting boss Carmine Galante,

Leonard Coppolla and Giuseppe Turano. See United States v.

Indelicato, 865 F.2d 1370, 1372 (2d Cir. 1989). Indelicato and

his coconspirators, wearing masks, entered a Brooklyn restaurant

where Galante and others were eating and shot them to death.

Indelicato’s palm print was found on the inside of a door of the

getaway car. See id.

On August 6, 2008, Indelicato pled guilty to

racketeering conspiracy which included as predicate acts both the

conspiracy to murder Frank Santoro and a marijuana distribution

conspiracy. Indelicato’s Sentencing Guidelines carried a range

of imprisonment from thirty years to life, but the statutory

maximum penalty was twenty years. On December 16, 2008, this

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Court sentenced Indelicato to the maximum term of imprisonment

available - twenty years - plus three years of supervised

release and a $100 assessment. Vitale was available to testify

against Indelicato – and he had specifically provided information

about Indelicato and his involvement in the Santoro murder.

c. Anthony Donato

The superseding indictment returned on February 15,

2006 also charged Bonanno family soldier Anthony Donato with

murder-in-aid of racketeering, conspiracy to murder-in-aid of

racketeering, and firearms possession in regard to crimes of

violence, all relating to his participation in the 2001 murder of

Frank Santoro. At the time of his indictment, Donato was

incarcerated and pending sentencing regarding his prior guilty

plea to racketeering charges in Basciano I, including the 1985

racketeering-related attempted murder of David Nunez.

Donato resolved the charges in this indictment by

guilty plea – which also incorporated the terms of his prior plea

in United States v. Massino/Basciano, 03 Cr. 929 (NGG) – to

conspiracy to murder Frank Santoro in-aid-of racketeering, in

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

On December 16, 2008, Donato was sentenced to twenty five years’

imprisonment, three years of supervised release and a $300

special assessment. Vitale provided information both about

Donato’s association and rank in the Bonanno family, and the

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Santoro murder.

d. Anthony Aiello

Bonanno family soldier Anthony Aiello, known as “Ace,”

was a fugitive for some time prior to his arrest. He was

ultimately arrested in March 2005, in Syracuse, New York. On

August 6, 2008, the defendant Aiello pled guilty to racketeering,

pursuant to Title 18, United States Code, Section 1962(c) and to

the conspiracy to murder Randolph Pizzolo in-aid-of racketeering.

Aiello’s Sentencing Guidelines carried a range of imprisonment

from thirty years to life, but the statutory maximum penalty was

thirty years. On December 16, 2008, this Court sentenced Aiello

to the maximum term of imprisonment available - thirty years

plus three years of supervised release and a $200 assessment.

While Vitale did not provide information relating to Aiello’s

involvement in these crimes, the witnesses available to testify

against Aiello were charged in part based on information provided

by Vitale.

2. Trial Defendant: Basciano

As noted above, only one defendant remains in this

prosecution: Bonanno family acting boss Vincent Basciano. He is

expected to be tried in early 2011. If necessary Vitale will be

called as a witness.

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E. United States v. Rabito, et al., 06 CR 800 (SLT)

Vitale also provided important information that led to

the indictment in United States v. Rabito, in which charges were

again brought against the then-leadership of the Bonanno family:

Bonanno family acting underboss Nicholas Santora and Bonanno

family acting consigliere Anthony Rabito, as well as seventeen

other members and associate of the Bonanno family. The charged

crimes ranged from murder conspiracy to securities fraud,

gambling, extortion, and loansharking, and are summarized below:

Count(s) Description & Date Defendant(s) 1 & 2 Racketeering Conspiracy/ Racketeering (July 1989 - January 2007) (Title 18, United States Code, Section 1962(c) and (d)) Jerome Asaro Joseph Cammarano, Jr. Michael Cassese Louis DeCiccio Anthony DeFilippo Christopher Merz Anthony Rabito Nicolas Santora Paul Spina Patrick Tarsio Michael Virtuoso Anthony Vivelo 3 Murder Conspiracy - John Doe #8 (October 2004 - December 2004) (Title 18, United States Code, Section 1959(a)(5)) Joseph Cammarano, Jr. Paul Spina 4 Illegal Gambling - Bookmaking (January 1990 - December 2006) (Title 18, United States Code, Section 1955) Jerome Asaro Giacomo Bonventre

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Count(s) Description & Date Defendant(s) 5 Extortion Conspiracy - Action Electric (January 1999 - December 2005) (Title 18, United States Code, Section 1951(a)) Paul Spina 6 Illegal Gambling - Bookmaking (January 2002 - July 2004) (Title 18, United States Code, Section 1955) Anthony Rabito 7 Extortionate Collection of Credit Conspiracy - John Doe #4 (January 2002 - July 2004) (Title 18, United States Code, Section 894(a)(1)) Anthony Rabito 8 Extortionate Extension/Collection of Credit - John Doe #5 (June 2002 - August 2005) (Title 18, United States Code, Sections 892(a) and 894(a)(1)) John Compono Anthony Digiovanna Michael Virtuoso 11 Securities Fraud - Shelman Securities (October 2002 - June 2004) (Title 15, United States Code, Sections 78j(b) and 78ff; Title 18, United States Code, Section 2) Michael Cassese Joseph Rossetti Robert Schwichrath 12 Extortion Conspiracy/Extortion Via Oreto Restaurant (January 2003 - December 2005) (Title 18, United States Code, Section 1951(a)) Anthony Rabito 14-16 Extortionate Extension/Collection of Credit - Joe Doe #6 (October 2003 - March 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1)) Michael Virtuoso 17 Illegal Gambling - Lottery (January 2004 - December 2005) (Title 18, United States Code, Section 1955) Louis DeCiccio Anthony DeFilippo Christopher Merz Patrick Tarsio Anthony Vivelo

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Count(s) Description & Date Defendant(s) 18 Marijuana Distribution Conspiracy (January 2004 - December 2005) (Title 21, United States Code, Section 841(a)) Anthony DeFilippo Christopher Merz Patrick Tarsio 19 Illegal Gambling - Texas Hold’em Poker (January 2004 - December 2006) (Title 18, United States Code, Section 1955) Tracey Badgett Michael Cassese Anthony Rabito Nicholas Santora 20 & 21 Extortionate Extension/Collection of Credit Conspiracy (January 2004 - December 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1)) Louis DeFicco Anthony DeFilippo Patrick Tarsio 22 Illegal Gambling - Bookmaking (January 2004 - December 2006) (Title 18, United States Code, Section 1955) Louis DeCiccio Anthony DeFilippo Christopher Merz Patrick Tarsio Anthony Vivelo 23 & 24 Extortionate Extension/Collection of Credit - John Doe #7 (January 2004 - December 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1)) Louis DeFicco Anthony DeFilippo 25 Extortion - Napa & Sonoma Restaurant (January 2004 - July 2006) (Title 18, United States Code, Section 1951) Paul Spina 26 Securities Fraud - Gunn Allen/Marquis Financial (June 2004 - July 2005) (Title 15, United States Code, Sections 78j(b) and 78ff; Title 18, United States Code, Section 2) Michael Cassese Joseph Rossetti Robert Schwichrath 27 Extortionate Collection of Credit - John Doe #9 (November 2004 September 2005) (Title 18, United States Code, Section 894(a)) Anthony DeFilippo Patrick Tarsio

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Count(s) Description & Date Defendant(s) 28 Extortionate Collection of Credit - John Doe #10 (November 2004 September 2005) (Title 18, United States Code, Section 894(a)) Jerome Asaro 29 Extortion - Bistro Restaurant (January 2005 - December 2006) (Title 18, United States Code, Section 1951(a)) Nicholas Santora 30 Extortionate Collection of Credit - John Doe #11 (January 2005 December 2006) (Title 18, United States Code, Section 894(a)) Louis DeCiccio Anthony DeFilippo Patrick Tarsio 31-33 Extortionate Extension/Collection of Credit - John Doe #12 (April 2005 - December 2005) (Title 18, United States Code, Sections 892(a) and 894(a)(1)) Joseph Cammarano, Jr. Michael Virtuoso 34-36 Extortionate Extension/Collection of Credit - John Doe #13 (May 2005 - June 2005) (Title 18, United States Code, Sections 892(a) and 894(a)(1)) Michael Virtuoso 37-39 Extortionate Extension/Collection of Credit - Jane Doe #1 (April 2006 - November 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1)) Agostino Accardo Michael Cassese Anthony Rabito Nicholas Santora Michael Virtuoso

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Listed in the chart below is a summary of the

racketeering acts charged as part of the racketeering and

racketeering conspiracy counts:

Racketeering Act #

Description & Date Defendant(s)

1 Possession with Intent to Distribute Heroin (July 1989) (Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(I))

Michael Cassese

2 Illegal Gambling - Bookmaking (January 1990 - December 2006) (Title 18, United States Code, Section 1955 and New York Penal Law Sections 225.10(1) and 20.00)

Jerome Asaro

3 Murder Conspiracy - John Doe #1 (January 1992 - December 1992) (New York Penal Law Sections 125.25(1) and 105.15)

Paul Spina

4 Extortionate Collection of Credit - John Doe #2 (November 1993 - June 1995) (Title 18, United States Code, Section 894(a)(1))

Paul Spina

5 Extortionate Collection of Credit - John Doe #3 (November 1993 - June 1995) (Title 18, United States Code, Section 894(a)(1))

Paul Spina

6 Illegal Gambling - Baccarat (January 1995 - December 2001) (Title 18, United States Code, Section 1955)

Jerome Asaro

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Racketeering Act #

Description & Date Defendant(s)

7 Extortion Conspiracy - Action Electric (January 1999 December 2005) (New York Penal Law Sections 155.40(2)(a), 155.40(2)(b) and 105.10 and Title 18, United States Code, Section 1951(a))

Paul Spina

8 Illegal Gambling - Bookmaking (January 2002 - July 2004) (Title 18, United States Code, Section 1955 and New York Penal Law Sections 225.10(1) and 20.00)

Anthony Rabito

9 Extortionate Collection of Credit Conspiracy - John Doe #4 (January 2002 - July 2004) (Title 18, United States Code, Section 894(a)(1))

Anthony Rabito

10 Extortionate Extension/Collection of Credit - John Doe #5 (June 2002 August 2005) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Michael Virtuoso

11 Securities Fraud - Shelman Securities (October 2002 June 2004) (Title 15, United States Code, Sections 78j(b) and 78ff)

Michael Cassese

12 Extortion Conspiracy/Extortion - Via Oreto Restaurant (January 2003 - December 2005) (New York Penal Law Sections 155.40(2)(a), 155.40(2)(b), 105.10 155.40(2)(a) and 20.00 and Title 18, United States Code, Section 1951(a))

Anthony Rabito

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Racketeering Act #

Description & Date Defendant(s)

13 Extortionate Extension/Collection of Credit - Joe Doe #6 (October 2003 March 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Michael Virtuoso

14 Illegal Gambling - Lottery (January 2004 - December 2005) (Title 18, United States Code, Section 1955 and New York Penal Law Sections 225.10(2) and 20.00)

Louis DeCiccio Anthony DeFilippo Christopher Merz Patrick Tarsio Anthony Vivelo

15 Marijuana Distribution Conspiracy (January 2004 December 2005) (Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(c) and 846)

Anthony DeFilippo Christopher Merz Patrick Tarsio

16 Illegal Gambling - Texas Hold’em Poker (January 2004 December 2006) (Title 18, United States Code, Section 1955)

Michael Cassese Anthony Rabito Nicholas Santoro

17 Extortionate Extension/Collection of Credit Conspiracy (January 2004 December 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Louis DeCiccio Anthony DeFilippo Patrick Tarsio

18 Illegal Gambling - Bookmaking (January 2004 - December 2006) (Title 18, United States Code, Section 1955 and New York Penal Law Sections 225.10(1) and 20.00)

Louis DeCiccio Anthony DeFilippo Christopher Merz Patrick Tarsio Anthony Vivelo

105

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Racketeering Act #

Description & Date Defendant(s)

19 Extortionate Extension/Collection of Credit - John Doe #7 (January 2004 December 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Louis DeCiccio Anthony DeFilippo

20 Extortion - Napa & Sonoma Restaurant (January 2004 July 2006) (Title 18, United States Code, Sections 892(a) 894(a)(1) and 1951(a) and New York Penal Law Sections 155.40(2)(a), 155.40(2)(b) and 20.00)

Paul Spina

21 Securities Fraud - Gunn Allen/Marquis Financial (June 2004 - July 2005) (Title 15, United States Code, Sections 78j(b) and 78ff)

Michael Cassese

22 Murder Conspiracy - John Doe #8 (October 2004 - December 2004) (New York Penal Law Sections 125.25(1) and 105.15)

Joseph Cammarano, Jr. Paul Spina

23 Extortionate Collection of Credit - John Doe #9 (November 2004 - September 2005) (Title 18, United States Code, Section 894(a)(1))

Anthony DeFilippo Patrick Tarsio

24 Extortionate Collection of Credit - John Doe #10 (November 2004 - September 2005) (Title 18, United States Code, Section 894(a)(1))

Jerome Asaro

25 Extortion - Bistro Restaurant (January 2005 - December 2006) (New York Penal Law Sections 155.40(2)(a), 155.40(2)(b) and 20.00 and Title 18, United States Code, Section 1951(a))

Nicholas Santora

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Racketeering Act #

Description & Date Defendant(s)

26 Extortionate Collection of Credit - John Doe #11 (January 2005 - December 2006) (Title 18, United States Code, Section 894(a)(1))

Louis DeCiccio Anthony DeFilippo Patrick Tarsio

27 Extortionate Extension/Collection of Credit - John Doe #12 (April 2005 December 2005) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Joseph Cammarano, Jr. Michael Virtuoso

28 Extortionate Extension/Collection of Credit - John Doe #13 (May 2005 June 2005) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Michael Virtuoso

29 Extortionate Extension/Collection of Credit - Jane Doe #1 (April 2006 November 2006) (Title 18, United States Code, Sections 892(a) and 894(a)(1))

Michael Cassese Anthony Rabito Nicholas Santora Michael Virtuoso

Vitale’s information was important to the filing of

charges, and he was available to testify against many of these

defendants. Each, however, pled guilty. The details of the

charges lodged and their guilty pleas (with respect to those

defendants that Vitale was available to testify against) are

listed below:

1. Anthony Rabito

At the time of his arrest, Rabito was the acting

consigliere of the Bonanno family and a convicted felon several

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times over. Rabito was charged with racketeering and

racketeering conspiracy, including predicate acts of illegal

gambling, extortionate collection of credit and extortion.

Rabito was also charged with various substantive crimes for these

acts. Rabito pled guilty to these charges and was sentenced by

the Honorable Sandra L. Townes, United States District Judge,

principally to a term of thirty-three months’ imprisonment.

Previously, Rabito was involved in both the 1976

murder of Vito Borelli and the 1981 murders of Bonanno family

captains Alphonse "Sonny Red" Indelicato, Philip "Phil Lucky"

Giaccone, and Dominick "Big Trin" Trinchera.

2. Nicholas Santora

At the time of his arrest, Santora served as the

acting underboss of the Bonanno family. Santora’s involvement in

organized crime and the Bonanno family has spanned more than

thirty years. Santora was charged with racketeering and

racketeering conspiracy, which included predicate acts of illegal

gambling, extortion, and extortionate collection of credit, and

with substantive acts concerning these crimes. From his first

arrest in May 1966 for the theft of motor vehicles to his most

recent in this case, Santora has been arrested a dozen times for

crimes involved forgery, receipt of stolen property, gambling,

resisting arrest, and theft of an interstate shipment, and he has

spent more than a decade in jail for these crimes. Further, he

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has been arrested for violating his parole three times – in June

1998, November 1998 and December 1999.

Vitale provided crucial evidence of Santora’s role in

the Bonanno family, and he was prepared to testify at trial if

necessary. Santora ultimately pled guilty to racketeering

conspiracy, which included predicate acts of illegal gambling and

extortion. He was sentenced principally to thirty-six months’

imprisonment.

3. Jerome Asaro

Jerome Asaro served as a captain in the Bonanno

family. He pled guilty to racketeering conspiracy, which

included predicate acts of illegal gambling (bookmaking) and

extortionate collection of credit, and he was ultimately

sentenced by Judge Sandra L. Townes principally to thirty months’

imprisonment. Vitale provided important information, including

Asaro’s association with and position in the Bonanno family and

his role in the charged illegal gambling scheme, which led to

Asaro’s indictment and conviction. Vitale also provided evidence

of Asaro’s involvement in other crimes, including his

involvement, after the fact, in the Sciascia murder.

4. Joseph Cammarano, Jr.

Joseph Cammarnao, Jr. is a longstanding member of the

Bonanno family who previously served as an acting captain. He

was charged with racketeering and racketeering conspiracy, which

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included predicate acts of murder conspiracy and extortionate

collection of credit. Vitale provided crucial evidence with

respect to Cammarano, and he was prepared to testify had

Cammarano chosen to proceed to trial. In addition to the charged

crimes, Vitale also provided evidence regarding Cammarano’s

involvement in “cleaning up” after the murder of Bonanno family

associate Anthony Tomasulo in the early 1990s – a murder that was

carried out at Cammarano’s father’s social club.

Cammarano ultimately pled guilty to extortionate collection of

credit and was sentenced by Judge Townes principally to twenty

seven months’ imprisonment.

5. Louis DeCiccio

DeCiccio, a Bonanno family captain, was charged with

racketeering and racketeering conspiracy, including the following

racketeering acts: illegal gambling - lottery, extortionate

extension, and collection of credit conspiracy; illegal gambling

– bookmaking, the extortionate extension and collection of credit

from John Doe #7; and the extortionate collection of credit from

John Doe #11. DeCiccio was also charged in various substantive

counts for these acts.

DeCiccio has a history of arrests. For example, in

1997, DeCiccio pleaded guilty in Queens County to assault with a

weapon in violation of New York Penal Law § 120.05 relating to

his assault of a bar patron in the eye with a bottle, requiring

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stitches and plastic surgery.

In this case, he ultimately pled guilty to

racketeering conspiracy, which included predicate acts of illegal

gambling and extortionate collection of credit and he was

sentenced principally to forty months’ imprisonment. In addition

to providing information about DeCiccio’s position in the Bonanno

family, Vitale also provided information that was included in a

Title III investigation involving DeCiccio, the results of which

were used to indict DeCiccio and others.

6. Paul Spina

Paul Spina is a longtime soldier in the Bonanno family

who was charged with racketeering conspiracy including the

following predicate acts: murder conspiracy of John Doe #1;

extortionate collection of credit; extortion conspiracy;

extortion – Napa & Sonoma Restaurant; and murder conspiracy –

John Doe #8. Spina was also charged in other substantive counts

covering this conduct.

Spina is no stranger to the criminal justice system.

For example, on April 9, 1998, Spina pled guilty in the Eastern

District of New York to conspiring to use extortionate means to

collect extensions of credit and using extortionate means to

collect an extension of credit in violation of Title 18, United

States Code, Section 894(a)(1).

Vitale provided important information about Spina and

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his association and position in the Bonanno family, as well as

about his involvement in one of the charged murder conspiracies.

Vitale would have testified at trial if necessary; Spina,

however, chose to plead guilty to the charged murder in–aid-of

racketeering conspiracy, and he was sentenced by Judge Townes

principally to one hundred and six months’ imprisonment.

7. Giacomo Bonventre

Giacomo Bonventre, another Bonanno soldier, pled

guilty to illegal gambling and was sentenced to nine months in

prison. Vitale provided information relevant to Bonventre’s

indictment and conviction, including information about his

involvement in the charged gambling scheme and his association

with and position in the Bonanno family.

III. Colombo Organized Crime Family: United States v. Persico and DeRoss, 04 CR 911 (JS)

Throughout his cooperation, Vitale provided

information about various members and associates of the Colombo

family, and he testified at the trial of Colombo family acting

boss Alphonse “Alley Boy” Persico and Colombo family

administration member Jackie DeRoss. Both men were convicted and

sentenced to life imprisonment for their involvement in the

murder of Colombo family underboss William “Wild Bill” Cutolo.

United States v. Persico and DeRoss, 04 CR 911 (JS).

Specifically, in November 2007, Vitale testified about

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the structure and rules of Cosa Nostra generally, Persico’s

position in the Colombo family, and a conversation they had

regarding William Cutolo, for whose murder Persico and DeRoss

were on trial. Vitale testified about Persico’s statements

tacitly admitting having Cutolo murdered because Cutolo had tried

to take control of the Colombo family. As noted, the jury

convicted both defendants of the murder in-aid-of racketeering of

William Cutolo, obstruction of justice and obstruction of justice

conspiracy. United States District Judge Joanne Seybert

sentenced both defendants to life imprisonment.

As noted, Vitale has provided information about other

members and associates of the Colombo family as well.

IV. Gambino Organized Crime Family: United States v. Pizzonia, 05 CR 425 (JBW)

During the course of his debriefings, Vitale has

provided information about many members and associates of the

Gambino family – both historically and those currently involved

in the enterprise. His information has facilitated various

investigations, and he also testified at the trial of Gambino

family captain Dominick Pizzonia – who was convicted after trial

and sentenced to fifteen years’ imprisonment.

In particular, in May 2005, Gambino family captain

Dominick “Skinny Dom” Pizzonia was indicted for racketeering,

which included as predicate acts the double murder of Thomas and

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Rosemary Uva on December 24, 1992, among other crimes. The Uvas

were both shot in the head and killed in their car on 103rd

Avenue and 91St in Ozone Park, New York. Prior to their murder,

the Uvas had been involved in the robbery of several Cosa Nostra

social clubs, including Gambino family clubs. On May 11, 2007,

after a five-week trial, the jury convicted Pizzonia of

racketeering conspiracy and acquitted him on the remaining

loansharking charges. As to the charged predicate acts, the jury

found both the conspiracy to murder the Uvas and a second

racketeering act for illegal gambling proven.

As noted, Vitale was an important witness at

Pizzonia’s trial. He testified about Pizzonia’s association with

and position in the Gambino family, as well as about details of

the Uva murder based on conversations between Joseph Massino and

John Gotti, Jr., who was at the time helping to run the Gambino

family while his father was incarcerated. In particular, Vitale

testified that after the Uva murders, Gotti requested a meeting

with the boss of the Bonanno family, Joseph Massino, and during

that meeting told Massino that the Gambino family was involved in

the Uva murders and that “Our Skinny Dom did that.”

United States District Judge Jack B. Weinstein

sentenced Pizzonia to fifteen years of incarceration, to be

followed by three years of supervised release, and a special

assessment of $100. Pizzonia is currently serving that sentence.

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V. Genovese Organized Crime Family

Finally, Vitale also provided extensive information

about the Genovese family, and he was prepared to testify at

several trials in both the Southern and Eastern Districts of New

York.

A. Southern District Prosecutions

In the Southern District of New York Vitale was

prepared to testify at the trial of Salvatore Battaglia, also

know as "Sally Hot Dogs," the president of Local 1181 of the

Amalgamated Transit Union and a Genovese soldier. In particular,

Vitale was prepared to testify that, during his tenure as

underboss, he received numerous induction lists, some of which he

kept and ultimately turned over to the FBI. One list that he

received in 2000 from the Genovese family contained the name "Sal

(Hot Dogs) Battaglia." This piece of evidence would have been

powerful evidence before the jury of Battaglia's membership in

the Genovese family. Ultimately, Battaglia pled guilty to

racketeering, including three extortion predicates, and

stipulated to a sentencing range of fifty-seven to seventy-one

months’ imprisonment.

Vitale was also prepared to testify at the trial of

codefendants Ciro Perrone, Steve Buscemi, Paul Kahl, and Joseph

Quaranta. At that trial, Vitale would have testified as to the

above list, which also contained the name "Steve Buscemi."

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Ultimately, the government decided not to call Vitale, and worked

out a testimonial stipulation with the defense that would obviate

the need to call him, while still allowing the induction list to

be introduced. The jury hung as to Buscemi, against whom the

case was ultimately nolled.

B. Eastern District Prosecution: United States v. Cirillo, et al. 05 CR 212 (SLT)

Vitale also provided information which led to the

prosecution in United States v. Cirillo, et al., which charged

four defendants, all of whom were high-ranking members of the

Genovese family, with racketeering, including predicate acts of

murder conspiracy, loansharking conspiracy, extortion conspiracy,

extortion and witness tampering. The individuals charged were

Dominick Cirillo, who was the acting boss of the Genovese family

at the time; Lawrence Dentico and John Barbato, who were captains

who sat on the ruling committee of the Genovese family; and

Anthony Antico, a long-time member and powerful captain in the

Genovese family.

Had any of the Cirillo defendants gone to trial,

Vitale would have been an important witness to establish the

existence of the Genovese family and to identify Dentico’s

leadership position in the family, including his representation

of the Genovese family at a Commission meeting of all five Cosa

Nostra families. Notably, Vitale’s information about Dentico’s

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leadership role in the family was proffered during the bail

proceedings in the case, which contributed to Dentico’s pre-trial

incarceration on grounds of dangerousness due to his position of

power within the Genovese family.

On October 18, 2005, all four of the Cirillo

defendants pled guilty to racketeering crimes. On March 3, 2006,

United States District Judge Sandra L. Townes sentenced three of

the defendants as follows: Cirillo was principally sentenced to

forthy-six months’ imprisonment; Dentico was principally

sentenced to fifty-one months’ imprisonment; and Barbato was

sentenced to thirty months’ imprisonment. Thereafter, on March

8, 2006, Judge Townes sentenced Antico principally to thirty

months’ imprisonment. In addition, each defendant was sentenced

to three years of supervised release and a special assessment of

$100.

VI. Other Prosecutions

Vitale also provided information that was relevant to

the prosecution of longtime criminal defense attorney Larry

Bronson and of various defendants associated with organized crime

in Canada. The details of these prosecutions are provided below.

A. United States v. Bronson, 05 CR 714 (NGG)

Vitale provided information about criminal defense

lawyer Larry Bronson, and in particular, about meetings Vitale

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had with other members of organized crime at Bronson’s law office

– which contributed to an ensuing investigation of Bronson. As

further discussed below, Bronson was indicted, convicted and

sentenced.

On September 30, 2005, a grand jury sitting in the

Eastern District of New York indicted Bronson for racketeering

conspiracy, including predicate acts of witness tampering,

bribery, and obstruction of justice, among other charges.

Bronson was a practicing criminal defense lawyer who had

represented various Cosa Nostra members and associates, and he

was charged with crimes relating to these representations and a

general abuse of his practice to further the ends of Cosa Nostra

and to obstruct justice. In particular, Bronson was charged with

engaging in repeated acts of witness intimidation and efforts at

bribery in connection with the investigation and prosecution of

various crimes including interstate prostitution, wire fraud,

money laundering, loansharking, and extortion.

Bronson pled guilty to structuring pursuant to Title

31, United States Code, Sections 5324(a)(3) and 5324(d)(1), on

January 10, 2008, and he was sentenced on November 11, 2008 by

this Court to sixteen months’ imprisonment, three years of

supervised release, and a $100 special assessment.

Before his sentencing, the government cited Bronson’s

involvement in the following unethical and illegal acts, among

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others: soliciting false trial testimony; permitting Cosa Nostra

members to use his office to meet in violation of their terms of

pretrial and supervised release; signing documents relating to

matters before New York courts in his brother’s name because the

defendant was not admitted to practice in New York; instructing

clients that he preferred to be paid in cash, often stating, in

substance, “what the IRS doesn’t know won’t hurt them,” and

regularly receiving large case payments from clients ranging from

$5,000 up to $100,000 in a single payment; providing false

information to pretrial services and probation officers in order

to help clients violate the conditions of their pretrial and

supervised release; acquiring a key to the apartment of a jailed

client, taking the client’s possessions, including large amounts

of cash, without the client’s permission, and then renting the

apartment, again without the client’s permission; reporting to

members or organized crime the cooperation status of a client;

paying an individual to refer clients to him; using members of

Cosa Nostra to collect debts owed to the defendant’s clients in

order to allow the clients to pay Bronson; passing messages from

an incarcerated member of Cosa Nostra to another member; advising

witnesses to lie to the grand jury; threatening, bribing, and

attempting to bribe witnesses; and facilitating retaliation

against a cooperating member of organized crime by revealing the

cooperation to members of Cosa Nostra.

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B. Canadian Prosecutions

During the course of his cooperation, Vitale also met

with investigators from Canada, and his information was made

available to various prosecutors. His information was

specifically relevant to a prosecution referred to as “Project

Colisée,” which, after a four-year investigation led by the Royal

Canadian Mounted Police, resulted in the arrest of more than

ninety defendants for a variety of offenses. Among those

arrested with organized crime ties were Francesco Arcadi,

Francesco Del Balso, Lorenzo Giordano, Paolo Renda, Nicolo

Rizzuto, and Rocco Sollencito. As part of that prosecution,

Vitale met with Canadian law enforcement authorities, and he

provided specific information about the Bonanno family’s

activities in Canada (the Bonanno family has long “controlled”

Canada as it relates to the American mafia). In July 2008,

defense lawyers for the six defendants noted above were informed

that a cooperating witness had provided information to the

Canadian authorities relevant to this prosecution, and Vitale’s

information was specifically made available for their review. In

September 2008, all pled guilty to various crimes and were

sentenced to terms of imprisonment from four to fifteen years.

Although the degree to which Vitale’s information led to those

pleas is impossible to assess, this much is undisputed: he met

with Canadian authorities and provided information relevant to

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their prosecution.

COOPERATION OF OTHERS

As will be detailed in a separate filing, information

provided by Vitale led directly to the charging of a handful of

other members and associates of the Bonanno family who also

cooperated with the government. These witnesses provided

information that, in turn, led to the gathering of important

information and ultimately the charging of others. Notably,

several of these defendants’ consensually recorded conversations

with other members and associates of the Bonanno family which can

be traced, at least in part, to Vitale’s own cooperation.

CONCLUSION

By any standard, Vitale’s cooperation has been

substantial. His information has led to the identification,

prosecution, and conviction of scores of violent defendants

associated with organized crime. There can be no question that

Vitale himself was a violent member of organized crime and that

he spend the majority of his life committed to that criminal

enterprise. For better or worse, however, without the benefit of

cooperating witnesses, the government is often unable to

prosecute individuals involved in crimes of this nature.

Vitale’s cooperation is a prime example – he provided information

about scores of crimes, including murders, for which the

investigations had long run cold. And while Vitale clearly

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stands to benefit from his cooperation, he has also done so at

great peril to both himself and his family, which has already

been the subject of various threats. For all of the reasons

detailed herein, the government moves for a downward departure

based on Vitale’s substantial cooperation.

Date: September 9, 2010 Brooklyn, New York

LORETTA E. LYNCH United States Attorney

By: Greg D. Andres John Buretta Assistant U.S. Attorneys

cc: Bradley Simon, Esq. Brian Waller, Esq. (Attorneys for the Defendant Vitale)

122


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