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F.#2004R02423 |
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK |
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INDICTMENT |
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UNITED STATES OF AMERICA |
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- against |
Cr. No. |
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DOMINICK CIRILLO, |
(T. 18, U.S.C., §§1512(b)(1), 1512(b)(2)(A),1962(c), 1962(d), 1963, 2 and 3551 et seq.) |
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Defendants. |
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THE GRAND JURY CHARGES: |
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INTRODUCTION TO ALL COUNTS
At all
times relevant to this Indictment, unless
otherwise indicated:
The Enterprise
1
The members and associates of
the Genovese
organized crime family of La Cosa Nostra (the “Genovese family”)
constituted an “enterprise,” as that term is defined in Title 18,
United States Code, Section 1961(4), that is, a group of
individuals associated in fact, which engaged in, and the
activities of which affected, interstate and foreign commerce.
The Genovese family was an organized criminal group that operated
in the Eastern District of New York and other parts of the
United States.
2
The Genovese family operated
through groups of
individuals headed by “captains,” who were also referred to as
“skippers,” “caporegimes” and “capodecinas.” These groups, which
were referred to as “crews,” “regimes” and “decinas,” consisted
of “made” members of the Genovese family, who were also referred
to as “soldiers,” “friends of ours,” “good fellows” and
“buttons,” and associates of the Genovese family.
3
Each captain was responsible
for supervising the
criminal activities of his crew and providing crew members and
associates with support and protection. In return, the captain
received a share of the earnings of the crew’s members and
associates.
4
Above the captains were the
three highest-ranking
members of the Genovese family. The head of the Genovese family
was known as the “boss.” He was assisted by an “underboss” and a
counselor, who was known as the “consigliere.” With the
assistance of the underboss and the consigliere, the boss was
responsible for setting policy, resolving disputes between
members of the Genovese family and members of other criminal
organizations, and approving all significant actions by members
of the Genovese family. From time to time, members of the
Genovese family were temporarily appointed to the positions of
boss, underboss, consigliere or captain, and functioned in an
“acting” capacity for incarcerated or temporarily incapacitated
members of the Genovese family.
5
From the 1980s through the
date of the filing of
this Indictment, the boss of the Genovese family was Vincent
Gigante, also known as “Chin.” In 1997, Gigante was convicted of
racketeering and related offenses and began serving a prison term
later that same year. Although Gigante remained the boss of the
Genovese family, responsibility for the day-to-day leadership of
the Genovese family passed to a committee of members of the
Genovese family, also known as the “Administration.”
6
With the approval of Genovese
family boss Vincent
Gigante, the Administration was responsible for setting policy
for the Genovese family, resolving disputes between members of
the family and members of other criminal organizations, and
approving all significant actions by members of the Genovese
family. The Administration supervised, supported, protected and
disciplined the captains, soldiers and associates and regularly
received reports regarding the criminal activities of members and
associates of the Genovese family.
7
From time to time, the
Genovese family would
propose a list of associates to be “made,” that is, to become
members of the Genovese family. This list would be circulated
for approval to other families based in New York City. Upon
becoming “made,” each member would take an oath of “omerta,” that
is, a vow never to reveal any information about the Genovese
family, its members or its associates.
8
The Genovese family was part
of a nationwide
criminal organization known by various names, including the
“mafia” and “La Cosa Nostra,” which operated through entities
known as “families.” The ruling body of this nationwide
organization was known as the “Commission,” the membership of
which at various times has included the bosses of the five New
York-based families, to wit: the Bonanno, Colombo, Gambino,
Genovese and Luchese organized crime families. La Cosa Nostra
also included other crime families based in other geographic
areas, including the DeCalvacante organized crime family, which
principally operated in New Jersey.
The Purposes, Methods and Means of the Enterprise
9
The Genovese family
constituted an ongoing
organization, whose members functioned as a continuing unit for a
common purpose of achieving the objectives of the enterprise.
The principal purpose of the Genovese family was to generate
money for its members and associates. This purpose was
implemented by members and associates of the Genovese family
through various criminal activities, including loansharking,
extortion, fraud and obstruction of justice. The members and
associates of the Genovese family also furthered the enterprise’s
criminal activities by threatening to inflict economic injury and
using and threatening to use physical violence, including murder.
10
The members and associates of
the Genovese family
engaged in conduct designed to strengthen the enterprise and to
prevent government detection of their identities, illegal
activities and the location of proceeds of illegal activities.
That conduct included a commitment to murdering persons,
particularly members and associates of organized crime families
who were perceived as potential witnesses against members and
associates of the enterprise or who otherwise violated the rules
of La Cosa Nostra.
11
Members and associates of the
Genovese family
often coordinated street-level criminal activities, such as
loansharking, extortion and fraud, with members and associates of
other organized crime families of La Cosa Nostra.
The Defendants
12
At various times, the
defendant DOMINICK CIRILLO,
also known as “Quiet Dom,” was a captain or a soldier within the
Genovese family and a member of the Genovese family
Administration.
13
At various times, the
defendant LAWRENCE DENTICO,
also known as “Little Larry,” was a captain or a soldier within
the Genovese family and a member of the Genovese family
Administration.
14
At various times, the
defendant JOHN BARBATO, also
known as “Johnny Sausage,” was a captain or a soldier within the
Genovese family.
15
At various times, the
defendant ANTHONY ANTICO,
also known as “Tico,” was a captain or a soldier within the
Genovese family.
COUNT ONE
(Racketeering)
16
The allegations contained in
paragraphs 1 through
15 are hereby realleged and incorporated as if fully set forth
herein.
17
In or about and between 1995
and the date of the
filing of this Indictment, both dates being approximate and
inclusive, within the Eastern District of New York and elsewhere,
the defendants DOMINICK CIRILLO, also known as “Quiet Dom,”
LAWRENCE DENTICO, also known as “Little Larry,” JOHN BARBATO,
also known as “Johnny Sausage,” and ANTHONY ANTICO, also known as
“Tico,” together with others, being persons employed by and
associated with the Genovese family, an enterprise which engaged
in, and the activities of which affected, interstate and foreign
commerce, knowingly and intentionally conducted and participated,
directly and indirectly, in the conduct of the affairs of that
enterprise through a pattern of racketeering activity, as defined
in Title 18, United States Code, Sections 1961(1) and 1961(5),
consisting of the racketeering acts set forth below.
RACKETEERING ACT ONE
(U.S. Bridge Extortion)
18
The defendants DOMINICK
CIRILLO, also known as
“Quiet Dom,” LAWRENCE DENTICO, also known as “Little Larry,” and
JOHN BARBATO, also known as “Johnny Sausage,” together with
others, committed the following acts, either one of which alone
constitutes racketeering act one:
A. New York Penal Law Extortion Conspiracy
19
In or about and between 1995
and February 1999,
both dates being approximate and inclusive, within the Eastern
District of New York and elsewhere, the defendants DOMINICK
CIRILLO, LAWRENCE DENTICO, and JOHN BARBATO, together with
others, did knowingly and intentionally conspire to steal
property by extortion, in that the defendants and their co-
conspirators agreed to obtain property, to wit: $100,000, from
John Doe #1, an individual whose identity is known to the grand
jury, by instilling in John Doe #1 fear that unless he delivered
such property to members of the Gambino family, members and
associates of the Genovese family and the Gambino family would
cause physical injury to him in the future, in violation of New
York Penal Law Sections 155.40 and 105.10.
B. New York Penal Law Extortion
20
In or about and between 1995
and February 1999,
both dates being approximate and inclusive, within the Eastern
District of New York and elsewhere, the defendants DOMINICK
CIRILLO, LAWRENCE DENTICO, and JOHN BARBATO, did knowingly and
intentionally steal property by extortion, in that the defendants
and others stole property, to wit: $75,000, from John Doe #1 and
others, by instilling in John Doe #1 and others fear that unless
John Doe #1 and others delivered such property to members of the
Gambino family, members and associates of the Genovese family and
the Gambino family would cause physical injury to John Doe #1 in
the future, in violation of New York Penal Law Sections 155.40
and 20.00.
RACKETEERING ACT
TWO
(Extortion - John Doe #2)
21. The
defendant LAWRENCE DENTICO, also known as
“Little Larry,” together with others, committed the following
acts, either one of which alone constitutes racketeering act two:
A. Hobbs Act Extortion Conspiracy
22. In or
about and between 1995 and 2001, both dates
being approximate and inclusive, within the Eastern District of
New York and elsewhere, the defendant LAWRENCE DENTICO, together
with others, knowingly and intentionally conspired to obstruct,
delay and affect commerce, and the movement of articles and
commodities in commerce by extortion in that the defendant agreed
to obtain property, to wit: money, from John Doe #2, an
individual whose identity is known to the grand jury, with the
consent of John Doe #2, which consent was induced through
wrongful use of actual and threatened fear, in violation of Title
18, United States Code, Section 1951(a).
B. New York Penal Law Extortion
23
In or about and between 1995
and 2001, both dates
being approximate and inclusive, within the Eastern District of
New York and elsewhere, the defendant LAWRENCE DENTICO, together
with others, did knowingly and intentionally steal property by
extortion, in that the defendant and others stole property, to
wit: money, from John Doe #2, by compelling and inducing John Doe
#2 to deliver such property to a member of the Genovese family by
instilling in John Doe #2 fear that, if the property was not so
delivered, the defendant and others would (1) cause physical
injury to some person in the future; (2) cause damage to
property; and (3) perform an act which would not in itself
materially benefit DENTICO and others, but which was calculated
to harm John Doe #2 materially with respect to his health,
safety, business, calling, career, financial condition,
reputation and personal relationships, in violation of New York
Penal Law Sections 155.30(6), 155.05(2)(e)(i), 155.05(2)(e)(ii),
155.05(2)(e)(ix) and 20.00.
RACKETEERING ACT
THREE
(Loansharking/Extortion
Conspiracy)
24
The defendant DOMINICK
CIRILLO, also known as
“Quiet Dom,” together with others, committed the following acts,
either one of which alone constitutes racketeering act three:
A. Loansharking Conspiracy
25
In or about and between 1998
and 1999, both dates
being approximate and inclusive, within the Eastern District of
New York and elsewhere, the defendant DOMINICK CIRILLO, together
with others, knowingly and intentionally conspired to make
extortionate extensions of credit, in violation of Title 18,
United States Code, Section 892(a).
B. New York Penal Law Extortion Conspiracy
26
In or about and between 1998
and 1999, both dates
being approximate and inclusive, within the Eastern District of
New York and elsewhere, the defendant DOMINICK CIRILLO, together
with others, did knowingly and intentionally conspire to steal
property by extortion, in that the defendant and his co-
conspirators agreed to obtain property, to wit: money, from John
Doe #3, an individual whose identity is known to the grand jury,
by instilling in John Doe #3 fear that unless he delivered such
property to members of the Genovese family,
members and
associates of the Genovese family and the DeCalvacante family
would cause physical injury to him in the future, in violation of
New York Penal Law Sections 155.40 and 105.10.
RACKETEERING ACT
FOUR
(Murder Conspiracy - John
Does #4 and #5)
27
On or about and between
March 20, 2000 and October
18, 2000, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
LAWRENCE DENTICO, also known as “Little Larry,” and JOHN BARBATO,
also known as “Johnny Sausage,” together with others, knowingly
and intentionally conspired to cause the death of John Doe #4 and
John Doe #5, individuals whose identities are known to the grand
jury, in violation of New York Penal Law Sections 125.25(1) and
105.15.
RACKETEERING ACT
FIVE
(Extortion Conspiracy -
John Does #4, #5 and #6)
28
The defendants DOMINICK
CIRILLO, also known as
“Quiet Dom,” LAWRENCE DENTICO, also known as “Little Larry,” and
ANTHONY ANTICO, also known as “Tico,” together with others,
committed the following acts, either one of which alone
constitutes racketeering act five:
A. New York Penal Law Extortion Conspiracy
29
On or about and between March
20, 2000 and October
18, 2000, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
DOMINICK CIRILLO, LAWRENCE DENTICO and ANTHONY ANTICO, together
with others, did knowingly and intentionally conspire to steal
property by extortion, in that the defendants and their co-
conspirators agreed to obtain property, to wit: $25,000, from
John Doe #4, John Doe #5 and John Doe #6, individuals whose
identities are known to the grand jury, by instilling in John Doe
#4, John Doe #5 and John Doe #6 fear that unless they delivered
such property to members of the Genovese family, members and
associates of the Genovese family would cause physical injury to
John Doe #4 and John Doe #5 in the future, in violation of New
York Penal Law Sections 155.40 and 105.10.
B. New York Penal Law Extortion
30
On or about and between March
20, 2000 and October
18, 2000, both dates being approximate and inclusive, within the
Eastern District of New York and elsewhere, the defendants
DOMINICK CIRILLO, LAWRENCE DENTICO and ANTHONY ANTICO, together
with others, did knowingly and intentionally steal property by
extortion, in that the defendants and others stole property, to
wit: $25,000, from John Doe #4, John Doe #5 and John Doe #6, by
instilling in John Doe #4, John Doe #5 and John Doe #6 fear that
unless John Doe #4, John Doe #5 and John Doe #6 delivered such
property to members of the Genovese family, members and
associates of the Genovese family would cause physical injury to
John Doe #4 and John Doe #5 in the future, in violation of New
York Penal Law Sections 155.40 and 20.00.
RACKETEERING ACT
SIX
(Witness Tampering - John
Doe #7)
31.
In or about and between
September 2003 and March
18, 2004, both dates being approximate and inclusive, within the
Eastern District of New York, the defendant ANTHONY ANTICO, also
known as “Tico,” together with others, knowingly, intentionally
and corruptly persuaded another person, to wit: John Doe #7, an
individual whose identity is known to the grand jury, with intent
to influence, delay, and prevent the testimony of such person in,
and to cause and induce such person to withhold testimony from,
an official proceeding, to wit: a grand jury investigation being
conducted in the Eastern District of New York, in violation of
Title 18, United States Code, Sections 1512(b)(1) and
1512(b)(2)(A).
(Title 18, United States Code,
Sections 1962(c), 1963
and 3551 et seq.)
COUNT TWO
Racketeering Conspiracy)
32.
The allegations contained in
paragraphs 1 through
15 and 18 through 31 are realleged and incorporated as if
fully
set forth herein.
33.
In or about and between 1995
and the date of the
filing of this Indictment, both dates being approximate and
inclusive, within the Eastern District of New York and elsewhere,
the defendants DOMINICK CIRILLO, also known as “Quiet Dom,”
LAWRENCE DENTICO, also known as “Little Larry,” JOHN BARBATO,
also known as “Johnny Sausage,” and ANTHONY ANTICO, also known as
“Tico,” together with others, being persons employed by and
associated with the Genovese family, an enterprise which engaged
in, and the activities of which affected, interstate and foreign
commerce, knowingly and intentionally conspired to violate Title
18, United States Code, Section 1962(c), that is, to conduct and
participate, directly and indirectly, in the conduct of the
affairs of the enterprise through a pattern of racketeering
activity, as defined in Title 18, United States Code, Sections
1961(1) and 1961(5).
34.
The pattern of racketeering
activity through which
the defendants DOMINICK CIRILLO, LAWRENCE DENTICO, JOHN BARBATO
and ANTHONY ANTICO, together with others, agreed to conduct the
affairs of the Genovese family consists of the acts set forth in
Count One, as racketeering acts one through six, which are
realleged and incorporated as if fully set forth herein. Each
defendant agreed that a co-conspirator would commit at least two
of these acts of racketeering in the conduct of the affairs of
the enterprise.
(Title 18, United States Code,
Sections 1962(d), 1963
and 3551 et seq.)
COUNT THREE
(Witness Tampering - John
Doe #7)
35
In or about and between
September 2003 and March
18, 2004, both dates being approximate and inclusive, within the
Eastern District of New York, the defendant ANTHONY ANTICO, also
known as “Tico,” together with others, knowingly, intentionally
and corruptly persuaded another person, to wit: John Doe #7, with
intent to influence, delay, and prevent the testimony of such
person in, and to cause and induce such person to withhold
testimony from, an official proceeding, to wit: a grand jury
investigation being conducted in the Eastern District of New
York.
(Title 18, United States Code,
Sections 1512(b)(1),
1512(b)(2)(A), 2 and 3551 et seq.)
A TRUE BILL
_________
FOREPERSON
_____________________
ROSLYNN R. MAUSKOPF
UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
Laborers for JUSTICE© 1997-2005 All Rights reserved. Not for
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Jim McGough, Director
6304 N Francisco Av.
Chicago, Il 60659
773-878-1002 (tel)
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