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That conduct included a

from Hollywoodmafia by Jack Whalen

? ? ???

http://www.outofthelife.com/

If you are sick of the life get out!

The Blog is a constant barrage of tough guy talk. People would be shocked by what comes in on a daily basis. So many of these posts come from a bunch of young wannabee’s, yet I get some from guys who spent years away and bash me for my words. All a person has to do is read a newspaper and they will see my words are true.

Last week I posted up Peter Gotti’s appeal. The papers were regurgitating the same old tag line. He was trying to get his sentence lowered. The part that most of the people who read the blog missed was his lawyer. He did not have a high powered legal team working on his appeal.

No! Gone are the days when a Cutler or Shargel or any brilliant appellate lawyer would be working on his case. It was a Lawyer who works as a court appointed lawyer. Times are tough for the American LCN.

The Feds keep going after Baby Gotti because of his family. Not his father. No his sister! She thought it was a great idea to star in a show and show off her wealth.

I guess it is okay when your father started Microsoft or even a hotel chain. Oh wait a minute he was a gangster! Baby Gotti went in and tried to make a deal. I guess the Feds did not offer him what he was looking for or he would not be on trial today. The fact is he did the smart thing.

Then he did the dumb thing by pulling out.

The whole game is fixed. The only group who can win is the Government. So any smart crook knows where to go.

Look at the past, the founder of the American LCN Lucky Luciano worked with the Law.

The mighty Underboss of the Gambino Family, The mentor of John Gotti Neil Dellacroce was a longtime informant. Greg Scrapa, Whitey Bulger and that is the short list. Who knows how many more are out there today.

Joey Massino stepped up and took care of his blood family.

I heard these words, “I only turned rat because I found out my friends killed my best friend” Not only did they kill his best friend, they killed their own friend. This was a guy they grew up with. A guy who they should have stuck with until the end.

Yet they killed him for some slaps on the back and a few pennies. Things that mean nothing all these years later. What a waste.

People write that I must be crazy. I am not. I post it like I see.

I never feel bad about my choices in life. These guys did what they did on their own; I did not tell them to do a thing. They have a choice. Now they can do many years so they can come out a guys who have lived their lives can pat them on the back. Yeah you are a stand up guy.

The world passed them by and they are now big men in the four blocks of Brooklyn where they grew up. There is a world out there and Brooklyn is only a tiny slice.

So if a guy like Joe Campy wants to help guys get out of life, then I say it is a good thing!

I posted up some more stuff on youtube. Yes I stuck my camara in in Louie Caruso's face and Shakes Milano. I will post up Donnie's and it is close up!.

BREAKSHOTTV ON YOUTUBE.

Kenji OC

THE RAT!

The Double Life of a Don

Monday, Dec. 16, 1985

His name was Aniello Dellacroce, which in Italian means "little lamb of the cross," and he took pleasure in killing people. "He likes to peer into a victim's face, like some kind of dark angel, at the moment of death," a federal agent once said of the Mafia chieftain. As underboss of the Gambino clan, the most powerful of New York's five families, he was a member and chief enforcer of "the Commission," the 11-member council that reputedly oversees organized crime around the U.S. Occasionally disguised as a priest under the alias of Father O'Neill, a play on his first name, he traveled about the nation to impose edicts and settle disputes between rival Mafia clans.

Few mobsters dared to argue with him. Dellacroce, who died in his sleep in a New York City hospital last week at the age of 71, played another role as well: for almost two decades he was an informant for the FBI.

Though Dellacroce was not very forthcoming about his own crimes, he offered the feds a wealth of information about those committed by his enemies and the Commission. After Carlo Gambino, the capo di tutti capi (boss of bosses), died in 1976, Dellacroce told the FBI that another would-be godfather, Carmine Galante, had been marked for death. Dellacroce had reason to know: plans for the Galante hit were hatched in his own headquarters, the Ravenite Social Club in Manhattan's Little Italy.

The feds were able to isolate and protect Galante as long as he was in prison for parole violations, but after he was released in 1979 Galante was mowed down during an alfresco lunch in the backyard of a Brooklyn restaurant. Other information provided by Dellacroce gave the FBI leads on the still unsolved murder of Teamster Boss Jimmy Hoffa and helped break major narcotics cases, including the so-called Pizza Connection case against 22 U.S. and Sicilian mobsters for heroin trafficking.

Dellacroce's double life began one afternoon in the mid-1960s when a limousine swung up to the Ravenite Social Club. Out stepped a tall man in a somber suit carrying a Wall Street banker's briefcase. "Who's in charge here?" he demanded. Awed hoodlums ushered the uninvited guest to Dellacroce's table.

The bold stranger was an FBI agent named Pat Collins. Sitting down with Dellacroce, he began a slow courtship, gradually winning him over by convincing the wary Mafia leader that a private relationship with the federal authorities would not be a bad insurance policy in a high-risk career.

Unlike Teamster Union Boss Jackie Presser, who escaped prosecution on charges of padding union payrolls this year because he was an FBI informant, Dellacroce's cooperation did not keep him out of jail. In 1972 he was sentenced to five years in prison for income tax evasion. Collins had expected that one day Dellacroce would demand payment for his information, but that never happened. The veteran FBI agent died of a heart attack in 1980 at the age of 51. This year Dellacroce was ordered to stand trial on racketeering and conspiracy charges, along with ten other accused members of the Commission.

Whether he hoped the payment would come in the form of exoneration from those charges will probably never be known. Before the trial could begin, the bloodthirsty Little Lamb slipped from the grasp of federal prosecutors.

There is so much talk about being a rat or ratting on this blog it is funny. First so many guys are rats that you would be amazed. When I was in Brooklyn and wearing my wire the Feds had at least two other guys giving them info.

I know because many times when I went to get debriefed they told me what I had been saying and doing and this was before they downloaded my wire!

Most people have no idea what goes on in a criminal’s mind, so they have no basis in which to judge. Many guys will rat because they have no choice, many because they want to and others for every reason under the sun.

More on Rats!

The smart criminals are rats. They already play outside the rules, so why would it come as a shock. They use it as a hedge against future problems, a way to even the playing field by getting rid of problems or just to gather intelligence against the other law enforcement sources or criminals.

So why does it come as a shock that so many guys rat?

I guess it is the steady diet of movies, TV shows and Books. The whole principle of the La Cosa Nostra is flawed. It assumes that men who live as outlaws will live under a new set of rules by a different governing body. Why would they?

These men are lawless outlaws. Today the LCN has lost its bite. They are all bark. The Feds can offer up a get out of jail free card and a new life. The LCN offers only Prison time.

The fear of being killed is no longer a major factor.

JOHN A. GOTTI,

a/k/a John, Jr., a/k/a Junior,

defendant herein, along with others, did knowingly, willfully and unlawfully combine,

conspire, confederate, and agree, together and with each other, and with persons

known and unknown to the Grand Jury to violate:

(a) Title 18, United States Code, Section 1962(c), that is, being

persons employed by and associated with the GCF Enterprise as

described above, which GCF Enterprise engaged in, and the

activities of which affected, interstate and foreign commerce, to

conduct and participate, directly and indirectly, in the conduct of the

affairs of the GCF Enterprise through a pattern of racketeering

activity as that term is defined in Title 18, United States Code,

Sections 1961(1) and (5), as set forth herein in paragraph 17, and

through the collection of unlawful debt, as that term is defined in

Title 18, United States Code, Section 1961(6), as set forth herein in

paragraph 18; and

(b) Title 18, United States Code, Section 1962(a), that is, to receive

any income derived, directly and indirectly, from a pattern of

racketeering activity as that term is defined in Title 18, United

States Code, Sections 1961(1) and (5), as set forth herein in

paragraph 17, and through the collection of unlawful debt, as that

term is defined in Title 18, United States Code, Section 1961(6), as

set forth herein in paragraph 18, in which the defendant

participated as a principal as that term is defined in Title 18, United

States Code, Section 2, and to use and invest, directly and

indirectly, any part of such income, and the proceeds of such

income, in acquisition of any interest in, and the establishment and

operation of, any enterprise (hereinafter referred to as an

"Investment Enterprise") which engaged in, and the activities of

which affected, interstate and foreign commerce.

10

Page 11

E. The Pattern of Racketeering Activity

17. The pattern of racketeering activity, as defined in Title 18, United States

Code, Sections 1961(1) and (5), through which the defendant and his co-conspirators

agreed to conduct and participate in the conduct of the affairs of the GCF Enterprise,

and which generated income that was used and invested, at least in part, by the

defendant and his co-conspirators for the acquisition, establishment, and/or operation

of an investment Enterprise, consisted of multiple acts and threats involving:

(a) Murder, Attempted Murder and Conspiracy to Commit Murder, in

violation of New York Penal Law Articles 125, 110 and 105;

(b) Dealing in Controlled Substances and Listed Chemicals, Attempt to

Deal in Controlled Substances and Listed Chemicals and Conspiracy to Deal in

Controlled Substances and Listed Chemicals, in violation of Sections 893.13 and

777.04 Florida Statutes and New York Penal Law Articles 220, 110 and 105;

(c) Robbery, Attempted Robbery and Conspiracy to Commit Robbery,

in violation of Sections 812.13 and 777.04 Florida Statutes, and New York Penal Law

Articles 160, 110 and 105;

(d) Kidnapping, Attempted Kidnapping and Conspiracy to Commit

Kidnapping, in violation of New York Penal Law Articles 135, 110 and 105;

(e) Extortion, Attempted Extortion and Conspiracy to Commit Extortion,

in violation of Sections 836.05 and 777.04 Florida Statutes and New York Penal Law

Articles 155, 110 and 105;

(f) Bribery and Conspiracy to Commit Bribery, in violation of New York

Penal Law Articles 200 and 105;

11

Page 12

(g) Gambling, in violation of New York Penal Law, Article 225;

(h) Offenses involving the Distribution and Possession With Intent to

Distribute Controlled Substances, in violation of Title 21, United States Code, Section

841, and Conspiracy to Distribute and to Possess With Intent to Distribute Controlled

Substances, in violation of Title 21, United States Code, Section 846; and acts which

are indictable under the following provisions:

(i) Interstate Travel in Aid of Racketeering Enterprises, in violation

Title 18, United States Code, Section 1952;

(j) Interstate Transportation of Stolen Property/Money, in violation of

Title 18, United States Code, Section 2314;

(k) Receipt of Stolen Property/Money, in violation of Title 18, United

States Code, Section 2315;

(I) Bribery of Public Officials And Witnesses, in violation of Title 18,

United States Code, Section 201;

(m) Influencing or Injuring Officer or Juror Generally, in violation of Title

18, United State Code, Section 1503;

(n) Making Extortionate Extensions of Credit, in violation of Title 18,

United States Code, Section 892;

(o) Financing Extortionate Extensions of Credit, in violation of Title 18,

United States Code, Section 893;

(p) Collection of Extensions of Credit by Extortionate Means, in

violation of Title 18, United States Code, Section 894;

(q) Possessing/Uttering Counterfeit Obligations or Securities, in

violation of Title 18, United States Code, Section 472;

12

Page 13

(r) Dealing in Counterfeit Obligations or Securities, in violation of Title

18, United States Code, Section 473;

(s) Interference with Commerce by Threats and Violence, in violation

of Title 18, United States Code, Section 1951;

(t) Laundering of Monetary Instruments, in violation of Title 18, United

States Code, Section 1956; and

(u) Engaging in Monetary Transactions in Property Derived From

Specified Unlawful Activity, in violation of Title 18, United States Code, Section 1957.

F- Collection of Unlawful Debt

18. The collection of unlawful debt through which the defendant and his co-

conspirators agreed to conduct and participate, directly and indirectly, in the conduct of

the affairs of the GCF Enterprise, and which generated income that was used and

invested, at least in part, by the defendant and his co-conspirators for the acquisition,

establishment, and/or operation of an Investment Enterprise, consisted of the collection

from various individuals of unlawful debts, as that term is defined in Title 18, United

States Code, Section 1961(6), that is, debts incurred or contracted in gambling activity

which was in violation of the law of the United States, a state or political subdivision

thereof, and which were incurred in connection with the business of gambling in

violation of the law of the United States, a state or political subdivision thereof, and

debts which were unenforceable under State or Federal law in whole or in part as to

principal or interest because of the laws relating to usury, and which were incurred in

connection with the business of lending money at a rate usurious under State or

Federal law, where the usurious rate was at least twice the lawfully enforceable rate.

13

Page 14

G- The Methods And Means

19. It was part of the conspiracy that each member of the GCF Enterprise

would and did agree to participate in the affairs of the GCF Enterprise with the

knowledge and intent that a GCF Enterprise member would commit two or more acts of

racketeering activity, or participate in the collection of at least one unlawful debt, for and

on behalf of the GCF Enterprise.

20. It was further part of the conspiracy that GCF Enterprise members would

and did engage in an array of criminal conduct for and on behalf of the GCF Enterprise,

and/or to illegally generate income, including murder, robbery, bribery, kidnapping,

extortion, gambling, illegal drug trafficking, making extortionate extensions of credit,

collecting unlawful debts, illegally influencing jury members, illegally influencing victims

and witnesses of criminal conduct, burglary, home invasions, aggravated assaults and

batteries, and money laundering.

21. It was further part of the conspiracy that GCF Enterprise members would

and did engage in criminal conduct, such as the threatened and actual use of deadly

force and violence, designed to create and maintain fear and dread in others so that the

GCF Enterprise could defend and expand its unlawful dominion and influence in certain

geographical areas and over certain:

(i) legal businesses, such as the business of operating restaurants, the

business of operating bars/pubs, the business of providing bar security,

and the business of providing valet parking services;

(ii) legal industries, such as the construction and trucking industries;

14

Page 15

(Hi) unions' locals, and

(iv) illegal businesses, such as the business of illegally dealing in

controlled substances, the business of illegal gambling, and the business

of collection of unlawful debts.

22. It was further part of the conspiracy that GCF Enterprise members would

and did engage in criminal conduct designed to prevent government detection of GCF

Enterprise members' identities and illegal activities, and the location and amount of any

resulting criminal proceeds, as well as criminal conduct designed to obstruct and

prevent the prosecution of any GCF Enterprise members. That conduct included a

commitment to (1) murdering persons, particularly members of the GCF Enterprise

and/or members and associates of other organized crime families, who were perceived

as potential witnesses against members of the GCF Enterprise, (2) corruptly

influencing, by bribery and/or threats, victims and witnesses of GCF Enterprise

members' criminal conduct, and (3) corruptly influencing, by bribery and/or threats,

jurors in state and/or federal proceedings involving GCF Enterprise members.

23. It was further part of the conspiracy that GCF Enterprise members, to

conceal the original illegal source of their criminal Income, would and did use and invest

some of the criminal income for the acquisition of interests in other businesses, or

Investment Enterprises, such as window/glass businesses, valet parking service

businesses, and commercial real estate businesses. Thereafter, the GCF Enterprise

members would and did use the proceeds from such other businesses, or Investment

Enterprises, for personal matters and for the operation of the other businesses, or

15

Page 16

Investment Enterprises, such as for improvements and for the payment of other

business-related expenses.

24. It was further part of the conspiracy that GCF Enterprise members would

and did force individuals who were illegally dealing in controlled substances in certain

areas of New York City to purchase their controlled substances from the GCF

Enterprise and/or to pay a tax to the GCF Enterprise to operate in said areas.

25. It was further part of the conspiracy that GCF Enterprise members would

and did assault any individuals who attempted to deal in controlled substances in

certain areas of New York City who refused to purchase their controlled substances

from the GCF Enterprise and/or to pay a tax to the GCF Enterprise.

26. It was further part of the conspiracy that GCF Enterprise members would

and did travel from New York City and elsewhere to the Middle District of Florida, the

Southern District of Florida, and elsewhere, to commit various crimes involving the

threatened and actual use of deadly force and violence.

27. It was further part of the conspiracy that GCF Enterprise members would

and did engage in activity to establish and maintain GCF Enterprise footholds, or

operational bases, in various parts of the United States of America to further expand

the GCF Enterprises' criminal dominion and influence. In this regard, the members of

the GCF Enterprise would and did establish GCF Enterprise footholds in the city of

Tampa, Florida, in the Middle District of Florida, as well as other cities in the Southern

District of Florida, and elsewhere.

16

Page 17

28. it was further part of the conspiracy that GCF Enterprise members would

and did engage in public acts and displays of violence, including shootings, stabbings,

baseball bat beatings, and murder, to create and maintain fear and dread in others.

29. It was further part of the conspiracy that GCF Enterprise members would

and did offer the Gambino Crime Family "umbrella," or protection, to individuals and

businesses from other individuals -- including other GCF Enterprise members, and from

other organizations, and competing interests, in exchange for monetary payments

and/or payments in kind, such as through engaging in or forgoing some particular

conduct or activity.

30. It was further part of the conspiracy that GCF Enterprise members would

and did facilitate the communication and exchange of information between incarcerated

GCF Enterprise members and non-incarcerated members concerning the GCF

Enterprise, its unlawful operations, and its members.

31. It was further part of the conspiracy that GCF Enterprise members would

and did participate in criminal activity on behalf of other members or associates of the

GCF Enterprise and/or with, and on behalf of, other members or associates of other La

Cosa Nostra Crime Families.

32. It was further part of the conspiracy that GCF Enterprise members would

and did transport to the State of New York, the State of Florida, and elsewhere,

property obtained by means of illegal activities in the State of New York, the State of

Florida, and elsewhere.

17

Page 18

H. Special Sentencing Allegations

Drug Trafficking

33. During the period of time alleged in Count One of this Indictment, in or

around New York City, defendant JOHN A. GOTTI, a/k/a John, Jr., a/k/a Junior, and

one or more members of the GCF Enterprise, knowingly and intentionally distributed

and possessed with intent to distribute five (5) kilograms or more of a mixture or

substance containing a detectable amount of cocaine, a controlled substance, all in

violation of Title 21, United States Code, Section 841.

34. During the period of time alleged in Count One of this Indictment, in or

around New York City, defendant JOHN A. GOTTI, a/k/a John, Jr., a/k/a Junior, and

one or more members of the GCF Enterprise, knowingly and intentionally conspired to

distribute and to possess with intent to distribute five (5) kilograms or more of a mixture

or substance containing a detectable amount of cocaine, a controlled substance, all in

violation of Title 21, United States Code, Section 846.

Murder of George Grosso

35. On or about December 20, 1988, in New York City, the defendant,

JOHN A. GOTTI, a/k/a John, Jr., a/k/a Junior, together with others, with intent to

cause the death of George Grosso, caused his death, in violation of New York Penal

Law Articles 125.25(1) and 20.00.

Page 19

Murder of Louis DiBono

36. On or about October 4, 1990, in New York City, the defendant, JOHN A.

GOTTI, a/k/a John, Jr., a/k/a Junior, together with others, with intent to cause the

death of Louis DiBono, caused his death, in violation of New York Penal Law Articles

125.25(1) and 20.00.

Murder of Bruce John Gotterup

37. On or about November 20, 1991, in New York City, the defendant,

JOHN A. GOTTI, a/k/a John, Jr., a/k/a Junior, together with others, with intent to

cause the death of Bruce John Gotterup, caused his death, in violation of New York

Penal Law Articles 125.25(1) and 20.00.

All in violation of Title 18, United States Code, Section 1962(d).

Page 20

FORFEITURES

1. The allegations contained in Count One of this Indictment are hereby

realleged, and incorporated by reference herein as though fully set forth for the purpose

of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section

1963.

2. From his engagement in any and all of the offenses alleged in Count One

of this Indictment, in violation of Title 18, United States Code, Section 1962(d), involving

a conspiracy to violate Title 18, United States Code, Sections 1962(a) and 1962(c),

JOHN A. GOTTI,

a/k/a John, Jr., a/k/a Junior,

defendant herein, shall forfeit to the United States, pursuant to the provisions of Title

18, United States Code, Section 1963(a), all of his right, title, and interest in the

following:

(a) any interest he has acquired or maintained in violation of section

1962;

(b) any —

(1) interest in;

(2) security of;

(3) claim against; or

(4) property or contractual right of any kind affording a source of

influence over;

any enterprise which he has established, operated, controlled, conducted,

or participated in the conduct of, in violation of section 1962; and

20

Page 21

(c) any property constituting, or derived from, any proceeds

which he obtained, directly or indirectly, from racketeering

activity or unlawful debt collection in violation of section 1962.

3. Pursuant to the provisions of Title 18, United States Code, Section

1963(m), if any of the property described in subsection (a), as a result of any act or

omission of the defendant—

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

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

third party;

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

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot

be divided without difficulty;

the court shall order forfeiture of any other property of the defendant up to the value of

any property described in paragraph 2 of the forfeiture section of this Indictment.

A TRUE BILL,

Foreperson

ROBERT E. O'NEILL

United States Attorney

IBERir T. MONK

Deputy Chief, General Crimes Section

?Attorney

nited States Attorney

21

Apr 20, 2009 5:35 PM

Alternatively counsel requests that the Court direct that Mr

from Hollywoodmafia by Jack Whalen

Every week it just gets better. More threats, more hate! Los Angeles is a city spread out over many miles. It is much different than the cities back East.

There is no way a group can control the criminal underground of the city. So many guys leave their safe haven's back East to make a go in California. Most of them fail. The Sica Brothers made it. They controlled a vast criminal empire and they served little to no time in jail.

They were not even made!

Today the make up of the city is comprised of many different ethnic groups. Italians being a very small minority.

The LA Family is small and has chance of ever growing larger. The guys from bigger families back East are out here on their own. They are living off a reputation, but they have no back up.

The families have to many problems and not enough men to send help.

The Colombo family! I posted up about all the wires that the Feds have. These guys are gone!

The tapes do not lie. I find it funny that Joel Cacace is crying about his health and bullet wounds.

What about the Judge and the cop he had shot? Oh they are dead and cannot complain!

This guy killed an innocent Judge who was retired! It was the wrong guy. What an idoit!

Can you expect anymore from some who takes his orders from a Persico?

Then he has guys kill a cop! What a piece of shit. This guy protects people, and then some scumbag kills him because he married the wrong woman.

The Colombo's are low down.

I am sure I will get plenty more threats this week. Attacks on me, my mother, my father etc. Yet still I post.

Nothing is done.

Nothing can change the fact that Allie Boi and Jokey Deross are gone for good and now gay for the stay. Nothing can change the fact that Teddy Persico is a tool that I made look like a bitch.

Kenji OC

Audio cassettes and compact disks containing recordings

of intercepted communications were

previously provided to defendant Cacace as Rule 16 discovery in

the course of United States v. Cacace, et al., Criminal Docket

No. 03-072 (SJ). The communications were intercepted pursuant to

the following orders:

Feb. 1, 1999 (Trager, J.)

March 5, 1999 (Trager, J.)

April 6, 1999 (Trager, J.)

May 7, 1999 (Ross, J.)

May 13, 1999 (Korman, J.)

June 17, 1999 (Ross, J.)

Oral and visual

communications

intercepted at the

Torrese Social Club,

2005 West 8th Street,

Brooklyn, New York

Gioeli,

Calabro

June 14, 1999 (Trager, J.)

July 15, 1999 (Trager, J.)

Aug. 17, 1999 (Trager, J.)

Wire communications

over cellular phone

(917) 653-7236 (used by

Benjamin Castellazzo)

Cacace

Sept. 9, 1999 (Trager, J.) Wire communications

over cellular telephone

(917) 439-5933 (used by

Benjamin Castellazzo)

Cacace

July 25, 2001 (Ross, J.)

Aug. 3, 2001 (Ross, J.)

Aug. 31, 2001 (Korman, J.)

Oct. 9, 2001 (Ross, J.)

Wire communications

over cellular telephone

(718) 791-6661 (used by

Jerry Esposito)

Cacace

Oct. 12, 2001 (Ross, J.)

Nov. 14, 2001 (Ross, J.)

Dec. 14, 2001 (Ross, J.)

Wire communications

over cellular telephone

(718) 781-9973 (used by

Luca DiMatteo)

Cacace

June 11, 2002 (Garaufis,

J.)

July 10, 2002 (Ross, J.)

Wire communications

over cellular telephone

(917) 916-9789 (used by

Luca DiMatteo)

Cacace

All Counsel

March 12, 2009

Page 3

Aug. 30, 2001 (Trager, J.)

Oct. 25, 2001 (Ross, J.)

Nov. 26, 2001 (Ross, J.)

Wire communications

over cellular telephone

(631) 774-5011 (used by

Cacace)

Cacace

Jan. 15, 2002 (Ross, J.)

Feb. 19, 2002 (Ross, J.)

Wire communications

over telephones

(718) 393-6900 and

(718) 393-6901,

associated with Bay

Jewelers, 8607 Bay

Parkway, Brooklyn, New

York 11214

Cacace

May 2, 2002 (Ross, J.)

June 7, 2002 (Johnson, J.)

July 22, 2002 (Ross, J.)

Oral communications

intercepted at Bay

Jewelers, 8607 Bay

Parkway, Brooklyn, New

York 11214

Cacace,

Calabro

Counsel was appointed to represent the defendant, Joel Cacace, in the abovereferenced

matter, pursuant to the Criminal Justice Act.

At the time of Mr. Cacace’s presentment and at his appearances before Hon.

Brian M. Cogan, medical orders and/or directions were issued, together with a request

that government counsel follow up regarding what Mr. Cacace reported was urgently

needed medical attention.1

Following these court appearances, the government, by AUSA Geddis,

attempted to expedited the medical red tape at the MDC, to no avail. Thereafter, the

district court referred Mr. Cacace’s medical concerns to Your Honor. Following an

inquiry by the Court, Mr. Cacace immediately received a medical exam and a blood test.

It has been more than two weeks since the Court’s inquiry, and as of this writing, Mr.

Cacace has not received any follow up medical attention,2 nor has he received the

results of him medical tests.

Mr. Cacace is 68 years old and not in good health. His father died of heart

related difficulties at 65. He reports that he has several bullets in his body and that he.

Mr. Cacace is 68 years old and not in good health. His father died of heart

related difficulties at 65. He reports that he has several bullets in his body and that Mr. Cacace complains of severe pain in his legs and ankles that is often so

painful that he is unable to walk. He reports that his ankles are often so swollen that he

cannot put any weight on his legs at all.

2 Mr. Cacace has received a Rx for an anti-depressant, which he was told could

combat depression and pain. has been stabbed on numerous occasions. He is concerned that the lack of medical

attention may have dire consequences.

Accordingly, counsel respectfully requests that the Court issue an order directing

that Mr. Cacace be seen and evaluated forthwith and that the Court be kept informed of

his medical diagnosis and treatment plan on the 1st and 15th of each month. In

counsel’s experience, nothing short of a specific order by the Court has the potential to

impact on this institution. Alternatively, counsel requests that the Court direct that Mr.Cacace be taken forthwith to a local area hospital for evaluation and diagn

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Original video source (video-play.mp4)

Mar 9, 2009 3:35 PM

Additionally Agent Dobac testified that she attended a number of meetings with Peggy Cutolo including the February 9 2001 meeting with Agent Pontecorvo and Amy Walsh and that she was never informed "about $1

from Hollywoodmafia by Jack Whalen

FUCK THE PERSICO FAMILY!

They are weak outside of their two Block's in the shithole Brooklyn that they call home.

I am here LMFAO about what I did to Piggy "Frank" Persico, Teddy Jr, Carmine, Danny and Andre.

R.I.P Bill Cutolo.

The Persico Family are a bunch of petty backstabbing low life's. I hope the Little Gimpy Gnome Carmine has a long stay in the Federal Medical center.

I am sure he has ass problems like some of the other LCN guys locked up.

That is one reason they call him the snake.

I guess this blows the Allie Boi/ Jokey Deross defence of Bill Cutolo is in hiding enjoying his cash. The Petty Persico's did not get enough when they took the hotel and got cash after the war. They had to kill Bill.

These guys are scum. All of them a bunch of cowards.

I hope they find the kid Carmine. That was another cowardly act they committed. The guy gets in a beef so they kill him.

People have to see the area these guys come from. They fight over petty shit. The quickest way to die is to do business with a Persico and have him owe you money.

Take a drive through Brooklyn. Hit Dyker Heights and gaze at the home The Gimp left behind, a Shylock victim paid for that.

Maybe the Government will finally take their "Neverland Ranch" in upstate NY.

There was another funny story in the NY post about some Gambino guys in the Bronx. They were shaking down a hotdog vendor. The LCN is about Honor.

LMFAO Kenji Out! live from Balboa Island in the heart of the OC.

Dear Judge Seybert:

On June 16, 2008, the Court directed the government to provide "information from [ ] witnesses"1 knowledgeable about Marguerite Cutolo’s ("Peggy Cutolo") disclosure of the $1.65 million and the government’s agreement to permit her to retain the money. (See, T. 36) The Court further ordered the government to conduct a search for any documentation pertaining to the alleged disclosure and agreement: "I want you to do a search to see when, if there has been any notation and approval of this

1 The government incorrectly assumed in their submission that the Court directed a single affidavit from Amy Walsh as sufficient to satisfy their obligation "to ascertain whether there is a factual basis for the defendants’ claim" of perjury. (See, government June 30, 2008 letter at page 4) As noted infra, the Court directed information from "witnesses" aware of the disclosure and involved in the agreement to permit Peggy Cutolo to retain the $165 million. (See, transcript pages 35-36 of the June 16, 2008 court appearance, hereafter referred to with the letter "T").

Case 1:04-cr-00911-JS Document 687 Filed 07/08/2008 Page 1 of 5 2

process." (See, T. 36) In response to the Court’s direction, the government has submitted a vague, inconclusive and misleading affidavit from former Assistant U.S. Attorney Amy Walsh erroneously claiming that her factual assertions "defeats the defendants’ speculative claim that [Peggy Cutolo and Agent Gary Pontecorvo] committed perjury" in regard to the disclosure of the $1.65 million. To the contrary, we respectfully submit that an evidentiary hearing will clearly show that Peggy Cutolo and Agent Pontecorvo lied regarding the disclosure of the $1.65 million.

Background

During cross-examination, Barbara Jean Cardinale ("Cardinale") first disclosed the existence of the $1 plus million and the fact that her mother was permitted to retain the funds. (Pages 410 and 516-17 of trial transcript hereafter referred to with the letters "TT"). After the surprised disclosure of the existence of the money, the government elicited on direct from Cardinale’s mother Peggy Cutolo that she disclosed the existence of the $1.65 million to Agent Pontecorvo and Ms. Walsh "when she first spoke with the government." (TT.

623-24; 697-98) Peggy Cutolo testified that she was permitted to keep the money by the government. (TT. 698) Later during cross-examination, Peggy Cutolo confirmed that she disclosed the existence of the $1.65 million to the government "during [her] meeting [in] February." (TT. 963)

The meeting with Pontecorvo and Ms. Walsh occurred on February 9, 2001. (TT. 665-66 and 695-698) A review of the rough notes of this meeting, provided to the defense as Exhibit 3500-MEC-5, failed to reflect any mention of the $1.65 million.

Agent Stephanie Dobuc testified that she, along with Agent Pontecorvo, assisted in relocating the Cutolo family from Staten Island to "some other location," and though she met and spoke often with Peggy Cutolo, Agent Dobac was never told that Peggy Cutolo had $1.65 million. Additionally, Agent Dobac testified that she attended a number of meetings with Peggy Cutolo, including the February 9, 2001 meeting with Agent Pontecorvo and Amy Walsh, and that she was never informed "about $1.65 million that [Peggy Cutolo] had in cash." (TT. 4929-30)

Case 1:04-cr-00911-JS Document 687 Filed 07/08/2008 Page 2 of 5 3

In an apparent effort to corroborate Peggy’ Cutolo’s assertion that she disclosed the existence of the $1.65 million to the government, Agent Pontecorvo testified that "while we were getting [the Cutolos] out of the area, or when we arrived in the new area," either Barbara Jean Cardinale or Peggy Cutolo "advised that they had some cash." (TT. 5201) "As soon as [he] realized – before [he] learned of the amount, as soon as [he] knew Mrs. Cutolo had some large amount of cash, [he] advised the US Attorney’s Office." (TT. 5294-95).

Later when the Cutolo’s were still at the safe house sometime between January 2001 and May 2001, Agent Pontecorvo learned that Peggy Cutolo had "like $1.65 million" from her husband’s illegal activities. (TT. 5292-94). Agent Pontecorvo believed that he did not "document, in a 302 or elsewhere, that [he was] aware of $1.6 plus million in cash in the possession of the Cutolo family." (TT. 5295)

Amy Walsh Affidavit

As directed by the Court during the June 16, 2008 appearance, the government submitted an affidavit from then-Assistant U.S. Attorney Amy Walsh ("Walsh Affidavit") in an effort to overcome the allegations that Peggy Cutolo and Agent Pontecorvo lied regarding the disclosure of the $1.65 million. Instead of clarifying the factual misrepresentations, the Walsh Affidavit raises more disturbing questions about the issue and the government’s treatment of the defense allegations.

In vague and equivocal terms, Ms. Walsh recalled, "[a]t some point at or around the time Marguerite Cutolo was relocated," becoming aware from an unidentified source "that [she] had told the FBI that she was in possession of a large amount of cash." (See, Walsh Affidavit at paragraph 2) In her only meeting with Peggy Cutolo on February 9, 2001, Ms. Walsh did not recall whether the "cash" was a topic of discussion. (Walsh Affidavit at Paragraph 3) A review of the February 9, 2001 notes of the meeting clearly demonstrate that Ms.

Walsh’s recollection is questionable because money belonging to Peggy Cutolo’s husband was discussed, but not the $1.65 million. On the eighth page of the notes, Peggy Cutolo recounted showing $70,000 to $80,000 to John J. DeRoss:

Case 1:04-cr-00911-JS Document 687 Filed 07/08/2008 Page 3 of 5 4

[t]here’s got to be money in the house . . .

She showed him box w/ $70-80,000 and documents

. . . she said I found this he said there’s

gotta be more.

However, as previously noted, there clearly was no discussion about $1.65 million, a fact deliberately withheld from the government by Peggy Cutolo.

Without any recollection of the amount of money involved and again without identifying the persons involved, Ms. Walsh stated that "[a]t some point later in 2001, the government decided to not seek forfeiture of, or taxes on, the funds." (Walsh Affidavit at paragraph 4).

Hearing Requested

Instead of clarifying the factual dispute, the government submission has sought to resolve the issue with a vague and inconclusive affidavit from Amy Walsh. Though Ms. Walsh could not recall "whether the cash . . . was a topic of discussion during the [February 9, 2001] meeting," the notes reflected that Peggy Cutolo had, in fact, disclosed the existence of $70,000 to $80,000 of illicit proceeds.

Is this the "large amount of cash" referred to in Ms. Walsh’s affidavit?

According to Ms. Walsh, she recalled being informed from an unknown source that "Marguerite Cutolo had told the FBI that she was in possession of a large amount of cash found in the Cutolo home." Is this money different from the $70,000 to $80,000, and, if so, how much was actually involved? Are there any notes or documentation to clarify this critical point? Certainly, if the government was going to forego forfeiture and taxes on the racketeering proceeds, the government must have some record of the amount, and certainly must have documentation to demonstrate the approval process as noted by the Court in its request for documentary support of the agreement between the government and Peggy Cutolo permitting her and her family to retain the illicit moneys. (See, T. 36)

The only conclusion from the government’s submission and their failure to provide records of the agreement is that Peggy Cutolo withheld the existence of the $1.65 million from the government and that Agent Pontecorvo lied to bolster a key

Case 1:04-cr-00911-JS Document 687 Filed 07/08/2008 Page 4 of 5 5

prosecution witness whose credibility had been severely shaken during trial.

In her affidavit Ms. Walsh stated that "[a]t some point later in 2001, the government decided to not seek forfeiture of, or taxes on, the funds." (Walsh Affidavit at Paragraph 4) What funds? Is it the $70,000 to $80,000 disclosed during the February 9, 2001 meeting with Amy Walsh and other law enforcement officials? Is it some other amount?

If so, how much? Who in "the government" authorized the Cutolo’s to retain the money? Where is the documentation of the approval process and agreement? Based upon Amy Walsh’s vague and inconclusive allegations, the appropriate question seems to be whether the government actually "looked" to find evidence of such an agreement?

If the government did not search for such records, then the question becomes why not? And If they did, and failed to uncover such documentation, the logical conclusion is that "no" such agreement existed regarding the alleged disclosure of the $1.65 million. Why is the government "stonewalling" a factual resolution of the allegations of perjury?

A hearing is necessary to resolve these questions and to determine whether a factual basis exists for the defendants’ allegations of perjury.

Conclusion

Based upon the above arguments, an evidentiary hearing to determine the true acts behind the government’s agreement with Peggy Cutolo is necessary. If the Court agrees with our position, we respectfully request that two critical witnesses Amy Walsh and Agent Pontecorvo be initially called in an effort to resolve the disputed issues.2

Respectfully submitted,

Oct 13, 2008 6:13 PM

The crazy thing?

from Hollywoodmafia by Jack Whalen

The La Cosa Nostra. This Blog is all about information. I post court papers and letters so that people can see what these guys are up too. The life is not what it seems. It is not a good life.

I get plenty of emails and plenty of posts that make these guys seem great. People always point to guys like Carlo Gambino or Tony Arcardo. They are the exception to the rule.

The rest die locked away far away from their loved ones. The Organized Crime landscape has changed. The LCN no longer has a lock on anything.

Today I am posting up papers on John Baudanza or John Goggles. John is a nice guy. He is smart and just a pleasant guy to be around. Yet he is locked away for many years.

He will miss all the time with his kids as they grow up. It is a waste and a shame. JB could have done anything with his life.

He chose to follow in his father and Uncles footsteps. Carmine or Mr c was always in trouble and JB had a rough home life. Joe B has a hard family life. Jb married into the Luchese family and that might have saved his life.

The days and nights he spent with Scopo will not be forgotten. JB took a plea and got 15 more months. There are now three more guys on his case who flipped.

This could be bad for JB.

The crazy thing? I think being locked up saved JBs life. He was eating and drinking himself into an early grave.

Take a step back and look at how many guys will go down for killing Bill Cutolo. All those guys for nothing. All that because Bill might have done something. What a waste. There are so many spin off cases because of that and more informants everyday.

Even me and what I did was because of Bill's death. The Business I was in was a top priority for the Feds.

It was all a waste.

Kenji OC

Re: United States v. Sperber, et al.

Criminal Docket No. 08-97 (BMC)

Dear Counsel:

Pursuant to Rule 404(b) of the Federal Rules of Evidence, the government hereby

provides notice of our intention to introduce certain evidence during the trial in the abovereferenced

matter, which is currently scheduled to begin on or shortly after April 13, 2009.

Specifically, the government intends to offer evidence that your client (1) conspired with others

to burglarize certain residences on Long Island and (2) assisted an individual in collecting a

loansharking debt owed to that individual. In our March 20 pretrial motion filing, we will more

fully describe these uncharged crimes, and explain why they are admissible both as direct proof

of the crimes charged in the indictment and as Rule 404(b) evidence.

Mar 16, 2009 3:40 PM