RICO indictment of Squitieri et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA :
-v­ :
ARNOLD SQUITIERI, :
a/k/a “Zeke,”
a/k/a “Bozey,” :
a/k/a “Sylvester,”
ANTHONY MEGALE, :
a/k/a “Mac,” INDICTMENT
a/k/a “Machiavelli,” :
GREGORY DEPALMA, 05 Cr. 228
ALPHONSE SISCA, :
a/k/a “Funzi,”
LOUIS FILIPPELLI, :
a/k/a “Bo,”
ROBERT VACCARO, :
NICHOLAS LASORSA,
a/k/a “Nicky,” :
THOMAS CACCIOPOLI,
a/k/a “Tommy Sneakers,” :
JOHN CAPRA,
a/k/a “Hooks,” :
PASQUALE DELUCA,
a/k/a “Scop,” :
CHRISTOPHER SUCARATO,
JOSEPH FORNINO, :
a/k/a “Joey Per Voi,”
ROBERT PERSICO, :
SAM NORDONE,
ROBERT VACCARO, JR., :
LEONARD MINUTO, SR.,
a/k/a “Lenny,” :
LEONARD MINUTO, JR.,
a/k/a “Lenny,” :
LOUIS NATRELLA,
a/k/a “Little Louie,” :
JOHN VACCARO,
a/k/a “Popcorn,” :
AL ALVAREZ,
MARK DENUZIO, :
JAMES VETRANO,
PAUL OLIVERI, :
FRANK BUSCEMI,
a/k/a “Cheech,” :
MICHAEL DEPALMA,

FRANK D’AGOSTINO,” :
a/k/a “Frankie D,”
THOMAS D’AGOSTINO, :
a/k/a “Tommy D,”
NEIL DELIETO, :
JUSTIN CARTISANO,
JOSEPH MORAY, :
ROBERT SANSEVERINO,
a/k/a “Bobby Phones,” and :
ALFRED LAFATA, JR.,
:
Defendants.

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RACKETEERING CHARGES

COUNT ONE

Racketeering Violation

The Grand Jury charges:

The Enterprise

1.     At all times relevant to this Indictment, ARNOLD
SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,”
ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY
DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a
“Bo,” ROBERT VACCARO, NICHOLAS LASORSA, a/k/a “Nicky,”
CHRISTOPHER SUCARATO, JOSEPH FORNINO, a/k/a “Joey Per Voi,”
ROBERT PERSICO, SAM NORDONE, and ROBERT VACCARO, JR., the
defendants, and others known and unknown, were members and
associates of the Gambino Organized Crime Family of La Cosa
Nostra (the “Gambino Organized Crime Family”). The Gambino
Organized Crime Family was a criminal organization whose members
and associates engaged in numerous acts of violence and other
crimes, including: murder; conspiracy to commit murder; attempted
murder; extortion; labor racketeering; the financing and making
of extortionate extensions of credit and the collection of
extensions of credit through extortionate means (commonly known
as “loansharking”); robbery; money laundering; trafficking in
counterfeit and stolen goods; and the operation of illegal
gambling businesses

2        The Gambino Organized Crime Family, including its
 leadership, membership, and associates, constituted an
“ enterprise,” as that term is defined in Title 18, United States
Code, Section 1961(4) -- that is, a group of individuals
associated in fact, which was engaged in, and the activities of
which affected, interstate and foreign commerce. The Gambino
Organized Crime Family was an organized criminal group based in
New York City that operated in the Southern District of New York
and elsewhere and constituted an ongoing organization whose
members functioned as a continuing unit for a common purpose of
achieving the objectives of the enterprise. The Gambino
Organized Crime Family was referred to by its members and
associates in various ways, including as a “cosa nostra,” a“
Family,” and “this thing of ours.”

3.         The Gambino Organized Crime Family was part of a
nationwide criminal organization known by various names,
including the “Mafia” and “La Cosa Nostra” (“LCN”), which
operated through entities known as “Families.” The Gambino
Organized Crime Family took its name from one of its first
leaders, Carlo Gambino. In addition to the Gambino Organized
Crime Family, five other Families operated in the New York City
and New Jersey area, namely, the Genovese Organized Crime Family
of LCN, the Luchese Organized Crime Family of LCN, the Colombo
Organized Crime Family of LCN, the Bonanno Organized Crime Family
of LCN, and the Decavalcante Organized Crime Family of LCN.

4        The Gambino Organized Crime Family operated
through groups of individuals known as “crews” and “regimes,”
most of which were based in New York City. Each “crew” had as
its leader a person known as a “Caporegime,” “Capo,” “Captain,”
or “Skipper,” and consisted of “made” members, sometimes known as
 “Soldiers,” “wiseguys,” “friends of ours,” and “good fellows.”
Soldiers were aided in their criminal endeavors by other trusted
individuals, known as “associates,” who sometimes were referred
to as “connected” or identified as “with” a Soldier. Associates
participated in the various activities of the crew and its members.

5.         Each Capo was responsible for supervising the
criminal activities of his crew and provided Soldiers and
associates with support and protection. In return, the Capo
typically received a share of the illegal earnings of each of his
crew’s Soldiers and associates, which was sometimes referred to
as “tribute.”

6           Above the Capos were the highest-ranking members
of the Gambino Organized Crime Family, commonly referred to as
the Administration. The head of the Gambino Organized Crime
Family was known as the “Boss,” who was ordinarily assisted by an
“Underboss” and a “Consigliere,” or counselor. The Boss,
Underboss, and Consigliere were responsible for, among other
things, setting policy, resolving disputes between and among
members of the Gambino Organized Crime Family, and resolving
disputes between members of the Gambino Organized Crime Family
and members of other criminal organizations. The Administration
of the Gambino Organized Crime Family was also responsible for
overseeing the criminal activities of the Family’s Soldiers and
associates, and made decisions regarding those criminal
endeavors.

7.     At various times relevant to this Indictment,
members of the Gambino Organized Crime Family were temporarily
appointed to serve as Boss, Underboss, Consigliere, or Capo in
place of another member holding that position. Whenever this
occurred, the member holding the temporary appointment would
function in an “acting” capacity for the other member, who
continued to hold the “official” position in the Family. In
addition, at various times relevant to this Indictment, members
of the Gambino Organized Crime Family served on a committee or
ruling panel, a group of high-ranking members of the Family who
assisted and, at times, made decisions with, or on behalf of, the
Boss and the Acting Boss of the Family.

8        The Boss, Underboss, and Consigliere (whether
official or acting) and, at times, the members of the ruling
panel, supervised, supported, protected, and disciplined the
Capos, Soldiers, and associates, and regularly received reports
regarding their various activities. In return for their
supervision and protection, the Boss, Underboss, and Consigliere
and members of the ruling panel typically received part of the
illegal earnings of each crew.

9        While the overall structure of the Gambino
Organized Crime Family remained constant, the structure of the
Family’s Administration was sometimes adjusted to meet situations
-- including particularly the incarceration of the Boss, Acting
Boss, and other high-ranking members of the Family -- that
threatened to impede the orderly operation and criminal
activities of the Gambino Organized Crime Family. Accordingly,
following the incarceration of the Gambino Family’s Boss Peter
Gotti, in or about the second half of 2002, Gambino Organized
Crime Family Underboss ARNOLD SQUITIERI became the Acting Boss of
the Gambino Organized Crime Family. At or about the same time,
Gambino Organized Crime Family Soldier ANTHONY MEGALE assumed the
position of Acting Underboss. In many respects, MEGALE operated
as what is sometimes referred to as a “street boss” for SQUITIERI
because of SQUITIERI’s concerns about meeting with other LCN
members and associates while on parole for a prior narcotics
conviction.

The Defendants

10.     At all times relevant to this Indictment, ARNOLD
SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,”
ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,” GREGORY
DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a
“Bo,” ROBERT VACCARO, NICHOLAS LASORSA, a/k/a “Nicky,”
CHRISTOPHER SUCARATO, JOSEPH FORNINO, a/k/a “Joey Per Voi,” SAM
NORDONE, ROBERT PERSICO, and ROBERT VACCARO, JR., the defendants,
and Thomas Cacciopoli, a/k/a “Tommy Sneakers,” were members and
associates of the enterprise, the Gambino Organized Crime Family.
SQUITIERI, MEGALE, DEPALMA, SISCA, FILIPPELLI, VACCARO, LASORSA,
SUCARATO, FORNINO, NORDONE, PERSICO, VACCARO, JR., and Cacciopoli
participated in the operation and management of the enterprise as
follows:

a.     ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” was, at various times relevant to this
Indictment, a Soldier, Underboss, and Acting Boss of the Gambino
Organized Crime Family. After being released from prison in or
about March 1999, SQUITIERI was made Underboss of the Gambino
Organized Crime Family, the second highest-ranking position in
the Family, by John J. Gotti, the former Boss of the Family.
Following the arrest of Gambino Family Boss Peter Gotti on
racketeering charges in June 2002, SQUITIERI became Acting Boss
of the Gambino Organized Crime Family, a position he has held
during much of the time relevant to this Indictment. As Acting
Boss, SQUITIERI was responsible for, among other things,
supervising the illegal activities of all of the members and
associates of the Gambino Organized Crime Family and resolving
disputes with other Organized Crime Families. In particular,
SQUITIERI regularly received a portion of the proceeds generated
from the illegal activities of the Gambino Organized Crime
Family. At the same time, SQUITIERI tried to avoid meeting with
other LCN members and associates because of his concerns about
law enforcement based, in part, on the fact that SQUITIERI is
currently on parole as a result of a 1989 conviction for
distributing heroin. Notwithstanding these concerns, SQUITIERI
has met with, among others, ANTHONY MEGALE,  GREGORY DEPALMA,
ALPHONSE SISCA, and ROBERT VACCARO. Among SQUITIERI’s criminal
activities were participation in extortions, the interstate
transportation and receipt of stolen property, and the operation
of an illegal gambling business.

b.     ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” was, at various times relevant to this Indictment,
a Soldier and Acting Underboss in the Gambino Organized Crime
Family. MEGALE became Acting Underboss of the Gambino Organized
Crime Family at or about the time that ARNOLD SQUITIERI was
elevated from Underboss to Acting Boss. In his capacity as
Acting Underboss, MEGALE was responsible for, among other things,
supervising the illegal activities of the members and associates
of the Gambino Organized Crime Family, and resolving disputes
between and among members and associates of the Gambino Organized
Crime Family. MEGALE also received a portion of the proceeds
from the Gambino Organized Crime Family’s illegal activities. At
various times relevant to the Indictment, MEGALE assumed direct
control of certain of GREGORY DEPALMA’s illegal endeavors. Up
through September 2004, MEGALE met regularly with DEPALMA and
other members and associates of the Gambino Organized Crime
Family to discuss various criminal activities. In September
2004, MEGALE was arrested on separate Federal racketeering
charges in the District of Connecticut, and was detained. At
such time, other members of the Gambino Organized Crime Family
assumed certain of MEGALE’s supervisory responsibilities. Among
MEGALE’s criminal activities were participation in extortions,
the interstate transportation and receipt of stolen property, and
the operation of an illegal gambling business.

c.     GREGORY DEPALMA was, at various times
relevant to this Indictment, a Soldier and Acting Capo in the
Gambino Organized Crime Family. In January 1999, GREGORY DEPALMA
was convicted of Federal racketeering charges in the United
States District Court for the Southern District of New York.
Following his release from prison in or about February 2003,
DEPALMA retained his position as Acting Capo in the Gambino
Organized Crime Family, the position he had held before his
earlier racketeering conviction. As Acting Capo, DEPALMA
supervised and profited from the illegal activities of the
Soldiers and associates in his crew. Among DEPALMA’s criminal
activities were participation in extortions, loansharking, an
assault with a deadly weapon, the interstate transportation and
receipt of stolen and counterfeit property, labor racketeering,
insurance fraud, and the operation of illegal gambling
businesses.

d.     ALPHONSE SISCA, a/k/a “Funzi,” was, at
various times relevant to this Indictment, a Soldier and Capo in
the Gambino Organized Crime Family. SISCA is a close confidante
of ARNOLD SQUITIERI and has attended meetings with other LCN
members and associates on SQUITIERI’s behalf. Among SISCA’s
criminal activities were participation in extortions and the
operation of an illegal gambling business.

e.     LOUIS FILIPPELLI, a/k/a “Bo,” was, at various
times relevant to this Indictment, an associate and Soldier in
the Gambino Organized Crime Family. Following the arrest and
detention in September 2004 of Gambino Organized Crime Family
Acting Underboss ANTHONY MEGALE, FILIPPELLI assumed some of
MEGALE’s supervisory responsibilities. Among FILIPPELLI’s
criminal activities were participation in extortions and the
operation of an illegal gambling business

f.     ROBERT VACCARO was, at various times relevant
to this Indictment, an associate and Soldier in the Gambino
Organized Crime Family. In or about August 2003, the Gambino
Family Administration placed VACCARO in DEPALMA’s crew.
Thereafter, among other things, VACCARO delivered messages
between the Gambino Family Administration and DEPALMA. Among
VACCARO’s criminal activities were participation in extortions,
loansharking, an assault with a deadly weapon, interstate
transportation and receipt of stolen property, labor
racketeering, and the operation of illegal gambling businesses.

g.     NICHOLAS LASORSA, a/k/a “Nicky,” was, at
various times relevant to this Indictment, a Soldier in the
Gambino Organized Crime Family. Among LASORSA’s criminal
activities were participation in extortions.

h.     CHRISTOPHER SUCARATO was, at various times
relevant to this Indictment, an associate in the Gambino
Organized Crime Family. Among SUCARATO’s criminal activities
were participation in extortions.

i.     JOSEPH FORNINO, a/k/a “Joey Per Voi,” was, at
various times relevant to this Indictment, an associate in the
Gambino Organized Crime Family. FORNINO owned the Pasta Per Voi
Restaurant, in Port Chester, New York, where MEGALE, DEPALMA,
VACCARO and other Gambino Organized Crime Family members and
associates met. Among FORNINO’s criminal activities were
loansharking, interstate transportation and receipt of stolen
property, and operation of an illegal gambling business.

j.         SAM NORDONE was, at various times relevant to
this Indictment, an associate in the Gambino Organized Crime
Family. NORDONE ran the Sam Nordone & Sons’ Autobody Shop in
Larchmont, New York. Among NORDONE’s criminal activities were
the interstate transportation and receipt of stolen property,
labor racketeering, and insurance fraud.

k.     ROBERT PERSICO was, at various times relevant
to this Indictment, an associate in the Gambino Organized Crime
Family. PERSICO operated a construction business in Westchester
County, New York. Among PERSICO’s criminal activities were
participation in an extortion and the interstate transportation
and receipt of stolen property.

l.     ROBERT VACCARO, JR. was, at various times
relevant to this Indictment, an associate in the Gambino
Organized Crime Family. VACCARO, JR. is the son of Gambino
Organized Crime Family Soldier ROBERT VACCARO. Among VACCARO,
JR.’s criminal activities were labor racketeering and interstate
transportation and receipt of stolen property.

m.     Thomas Cacciopoli was, at various times
relevant to this Indictment, a Soldier and Capo in the Gambino
Organized Crime Family. Among Cacciopoli’s criminal activities
were participation in extortions.

Purposes of the Enterprise

11. The purposes of the enterprise included the
following:

a.     Enriching the leaders, members, and
associates of the enterprise through, among other things: (i) the
extortionate control of businesses, labor unions, persons, and
property through threats of physical and economic harm; (ii) the
financing, extension, and collection of extortionate extensions
of credit, commonly known as “loansharking”; (iii) the operation
of illegal gambling businesses; (iv) the purchase, sale and
receipt of stolen property and counterfeit goods; (v) theft; (vi)
labor racketeering; and (vii) automobile insurance fraud;

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

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

Means and Methods of the Enterprise

12.     Among the means and methods by which the
defendants and other enterprise members and associates conducted
and participated in the conduct of the affairs of the enterprise
were the following:

a.     To protect and expand the enterprise’s
business and criminal operations, members and associates of the
enterprise murdered, threatened to murder, and assaulted persons
who engaged in activity that jeopardized (i) the power and
criminal activities of the enterprise and the power and criminal
activities of fellow LCN Families, (ii) the power of leaders of
the enterprise, and (iii) the flow of criminal proceeds to the
leaders of the enterprise.

b.     Members and associates of the enterprise
promoted a climate of fear in the community through threats of
economic harm and violence.

c.     Members and associates of the enterprise
generated income for the enterprise through, among other things,
(i) extortion; (ii) loansharking; (iii) the operation of illegal
gambling businesses, including a lucrative numbers operation;
(iv) labor racketeering; (v) the purchase, sale, and receipt of
stolen property and counterfeit goods; (vi) theft; and (vii)
automobile insurance fraud.

d.     Members and associates of the enterprise at
times engaged in criminal conduct or coordinated their criminal
activities with leaders, members, and associates of other LCN
Families. At other times, members and associates of the
enterprise met with leaders, members and associates of other LCN
Families to resolve disputes over their criminal activities.

e.     Members and associates of the enterprise used
various techniques to avoid law enforcement scrutiny of the
enterprise’s criminal activities. Members and associates of the
enterprise typically used coded language to make arrangements for
meetings and to refer to other members and associates of the
enterprise, met at surreptitious meeting locations, often in
secluded or out-of-the-way areas, changed automobiles when
traveling to such meetings, and engaged in “walk and talks.” In
particular, GREGORY DEPALMA, the defendant, frequently met
members of his crew and other members and associates of the
Gambino Organized Crime Family and other LCN Families at the
United Hebrew Geriatric Center, located in New Rochelle, New
York, where DEPALMA’s son Craig, a Gambino Family soldier, is a
patient. Members and associates of the enterprise also engaged
in other evasive conduct, such as whispering and speaking in
hushed tones in an effort to obstruct potential law enforcement
eavesdropping, and not specifying the names of those about whom
they were speaking.

f.     Members and associates of the enterprise
attempted to identify and did identify individuals suspected of
providing, or deemed likely to provide, information to law
enforcement about the enterprise, its members and activities, and
about other LCN Families.

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

The Racketeering Violation

13.     From at least in or about the early 1990s, up
through and including in or about March 2005, in the Southern
District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a
“Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a
“Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA,
a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO,
NICHOLAS LASORSA, a/k/a “Nicky,” CHRISTOPHER SUCARATO, JOSEPH
FORNINO, a/k/a “Joey Per Voi,” SAM NORDONE, ROBERT PERSICO, and
ROBERT VACCARO, JR., the defendants, and others known and
unknown, being persons employed by and associated with the
racketeering enterprise described in Paragraphs 1 through 12
above, namely, the Gambino Organized Crime Family, which
enterprise was engaged in, and the activities of which affected,
interstate and foreign commerce, unlawfully, willfully, and
knowingly conducted and participated, directly and indirectly, in
the conduct of the affairs of that enterprise through a pattern
of racketeering activity, as that term is defined in Title 18,
United States Code, Sections 1961(1) and 1961(5), that is,
through the commission of the following racketeering acts:

The Pattern of Racketeering

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

Racketeering Act One – Extortion Of The
Owner Of A Restaurant In Greenwich, Connecticut

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

a.     From in or about 1998, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,”
ROBERT VACCARO, and NICHOLAS LASORSA, a/k/a “Nicky,” the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did combine, conspire, confederate, and agree
together and with each other to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of another
person, to wit, the owner and operator of a restaurant in
Greenwich, Connecticut, which consent would have been and was
induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby would and did obstruct, delay,
and affect commerce and the movement of articles and commodities
in commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), in violation of Title 18, United States
Code, Section 1951.

b.     From in or about 1998, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,”
ROBERT VACCARO and NICHOLAS LASORSA, a/k/a “Nicky,” the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did commit extortion, as that term is defined in
Title 18, United States Code, Section 1951(b)(2), by obtaining
money and property from and with the consent of another, to wit,
the owner and operator of a restaurant in Greenwich, Connecticut,
which consent was induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Sections 1951 and 2.

Racketeering Act Two – Extortion Of A
Construction Company Located In Mineola, New York

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

a.     From in or about September 2003, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and
ROBERT VACCARO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of other persons, to wit, the owners and
operators of a construction company in Mineola, New York, which
consent would have been and was induced by the wrongful use of
actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in
violation of Title 18, United States Code, Section 1951.

b.     From in or about September 2003, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and
ROBERT VACCARO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of others, to wit, the owners and operators of a
construction company in Mineola, New York, which consent was
induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), in violation of Title 18, United States
Code, Sections 1951 and 2.

Racketeering Act Three – Extortion Of Victim #1

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

a.     From in or about June 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” ALPHONSE SISCA, a/k/a “Funzi,” GREGORY DEPALMA,
ROBERT VACCARO, and CHRISTOPHER SUCARATO, the defendants, and
others known and unknown, unlawfully, willfully, and knowingly
did combine, conspire, confederate, and agree together and with
each other to commit extortion, as that term is defined in Title
18, United States Code, Section 1951(b)(2), by obtaining money
and property from and with the consent of another person, to wit,
Victim #1, which consent would have been and was induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby would and did obstruct, delay, and affect commerce
and the movement of articles and commodities in commerce, as that
term is defined in Title 18, United States Code, Section
1951(b)(3), in violation of Title 18, United States Code, Section
1951.

b.     From in or about June 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
ROBERT VACCARO, and CHRISTOPHER SUCARATO, the defendants, and
others known and unknown, unlawfully, willfully, and knowingly
did commit extortion, as that term is defined in Title 18, United
States Code, Section 1951(b)(2), by obtaining money and property
from and with the consent of another, to wit, Victim #1, which
consent was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby did obstruct, delay, and
affect commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), in violation of Title 18, United States
Code, Sections 1951 and 2.

Racketeering Act Four – Extortion Of A
Trucking Company Located In New Jersey

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

a.     From in or about September 2003, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and
ROBERT VACCARO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of other persons, to wit, the owners and
operators of a trucking company in New Jersey, which consent
would have been and was induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby would and did
obstruct, delay, and affect commerce and the movement of articles
and commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Section 1951.

b.     From in or about September 2003, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and
ROBERT VACCARO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of others, to wit, the owners and operators of a trucking
company in New Jersey, which consent was induced by the wrongful
use of actual and threatened force, violence, and fear, and
thereby did obstruct, delay, and affect commerce and the movement
of articles and commodities in commerce, as that term is defined
in Title 18, United States Code, Section 1951(b)(3), in violation
of Title 18, United States Code, Sections 1951 and 2.

Racketeering Act Five – Extortion Of A
Construction Company Located In Weschester County, New York

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

a.     From in or about the early 1990s, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another person, to wit, the owners and
operators of a construction company located in Westchester
County, New York, which consent would have been and was induced
by the wrongful use of actual and threatened force, violence, and
fear, and thereby would and did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), in violation of Title 18, United States
Code, Section 1951.

b.     From in or about the early 1990s, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of another, to wit, the owners and operators of a
construction company in Westchester County, New York, which
consent was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby did obstruct, delay, and
affect commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3), in violation of Title 18, United States
Code, Sections 1951 and 2.

Racketeering Act Six – Extortion Of
A Nightclub Owner In The Bronx, New York

20.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Six:

a.     From in or about February 1998, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
LOUIS FILIPPELLI, a/k/a “Bo,” NICHOLAS LASORSA, a/k/a “Nicky,”
and CHRISTOPHER SUCARATO, the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did combine,
conspire, confederate, and agree together and with each other to
commit extortion, as that term is defined in Title 18, United
States Code, Section 1951(b)(2), by obtaining money and property
from and with the consent of another person, to wit, the owner
and operator of nightclubs in the Bronx, New York, which consent
would have been and was induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby would and did
obstruct, delay, and affect commerce and the movement of articles
and commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Section 1951.

b.     From in or about February 1998, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,”
NICHOLAS LASORSA, a/k/a “Nicky,” and CHRISTOPHER SUCARATO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did commit extortion, as that term is defined in
Title 18, United States Code, Section 1951(b)(2), by obtaining
money and property from and with the consent of another person,
to wit, the owner and operator of nightclubs in the Bronx, New
York, which consent was induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Sections 1951 and 2.

Racketeering Act Seven – Extortion
Of A New York City Radio Station

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

a.     From in or about July 2003, up through and
including in or about October 2003, in the Southern District of
New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and LOUIS
FILIPPELLI, a/k/a “Bo,” the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did combine,
conspire, confederate, and agree together and with each other to
commit extortion, as that term is defined in Title 18, United
States Code, Section 1951(b)(2), by obtaining property from and
with the consent of other persons, to wit, the employees,
contractors, and agents of a New York City radio station, which
consent would have been and was induced by the wrongful use of
actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in
violation of Title 18, United States Code, Section 1951.

b.     From in or about July 2003, up through and
including in or about October 2003, in the Southern District of
New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and LOUIS
FILIPPELLI, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining property from and with the consent of
others, to wit, the employees, contractors and agents of a New
York City radio station, which consent was induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in
violation of Title 18, United States Code, Sections 1951 and 2.

Racketeering Act Eight – Extortion Of A Second Construction
Company Located In Westchester County, New York

22.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Eight:

a.     From in or about September 2003, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly did combine, conspire, confederate, and
agree together and with each other to commit extortion, as that
term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of other persons, to wit, the owners and operators of a
second construction company in Westchester County, New York,
which consent would have been and was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in
violation of Title 18, United States Code, Section 1951.

b.     From in or about September 2003, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly did commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of others,
to wit, the owners and operators of a second construction company
in Westchester County, New York, which consent was induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in
violation of Title 18, United States Code, Sections 1951 and 2.

Racketeering Act Nine – Extortion Of A Third
Construction Company Located In Westchester County, New York

23.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Nine:

a.     From in or about June 2004, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did combine, conspire, confederate, and agree
together and with each other to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of another
person, to wit, the owner and operator of a third construction
company in Westchester County, New York, which consent would have
been and was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby would and did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Section 1951.

b.     From in or about June 2004, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did commit extortion, as that term is defined in
Title 18, United States Code, Section 1951(b)(2), by obtaining
money and property from and with the consent of another person,
to wit, the owner and operator of a third construction company in
Westchester County, New York, which consent was induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3), in
violation of Title 18, United States Code, Sections 1951 and 2.

Racketeering Act Ten – Attempted Extortion Of A
Construction Company Located In Rockland County, New York

24.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Ten:

a.     From in or about July 2004, up through and
including in or about August 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did combine, conspire, confederate, and agree
together and with each other to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of other
persons, to wit, the owners and operators of a construction
company in Rockland County, New York, which consent would have
been and was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby would and did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Section 1951.

b.     From in or about July 2004, up through and
including in or about August 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did attempt to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
attempting to obtain money and property from and with the consent
of others, to wit, the owners and operators of a construction
company in Rockland County, New York, which consent would have
been and was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby would and did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Sections 1951 and 2.

Racketeering Act Eleven – Extortion Of A Concrete Company
Located In Westchester County, New York

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

a.     From in or about August 2003, up through and
including in or about May 2004, in the Southern District of New
York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did combine, conspire, confederate, and agree
together and with each other to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of other
persons, to wit, the owners and operators of a concrete company
in Westchester County, New York, which consent would have been
and was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby would and did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3), in violation of Title 18,
United States Code, Section 1951.

b.     From in or about August 2003, up through and
including in or about May 2004, in the Southern District of New
York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did commit extortion, as that term is defined in
Title 18, United States Code, Section 1951(b)(2), by obtaining
money and property from and with the consent of others, to wit,
the owners and operators of a concrete company in Westchester
County, New York, which consent was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
did obstruct, delay, and affect commerce and the movement of
articles and commodities in commerce, as that term is defined in
Title 18, United States Code, Section 1951(b)(3), in violation of
Title 18, United States Code, Sections 1951 and 2.

Racketeering Act Twelve – Illegal Gambling
(The Illegal Numbers Operation)

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

Operation Of An Illegal Numbers Business

a.     From at least in or about the early 1990s, up
through and including in or about March 2005, in the Southern
District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a
“Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a
“Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA,
a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly conducted, financed, managed,
supervised, directed, and owned all and part of an illegal
gambling business, namely, an illegal numbers operation, in
violation of New York State Penal Law Sections 225.00 and 225.10,
and which business involved five and more persons who conducted,
financed, managed, supervised, directed, and owned all and part
of it, and which business had been and remained in substantially
continuous operation for a period in excess of thirty days and
had gross revenues of $2,000 in a single day, in violation of
Title 18, United States Code, Sections 1955 and 2.

Illegal Numbers

b.     From in or about the early 1990s, up through
and including in or about March 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
LOUIS FILIPPELLI, a/k/a “Bo,” and ROBERT VACCARO, the defendants,
and others known and unknown, unlawfully, willfully, and
knowingly advanced and profited from unlawful gambling activity
by receiving in connection with a lottery and policy scheme and
enterprise more than $500 in a day of money played in such scheme
and enterprise, in violation of New York State Penal Law Sections
225.00 and 225.10(2).

Racketeering Act Thirteen - Collection Of
Extensions of Credit through Extortionate Means

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

a.     From in or about February 2004, up throughand including in or about October 2004, in the Southern Districtof New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO andJOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and othersknown and unknown, unlawfully, willfully, and knowingly combined,conspired, confederated, and agreed together and with each otherto participate in the use of extortionate means to collect and
attempt to collect extensions of credit, as that term is defined
in Title 18, United States Code, Section 891, and to punish a
person for the nonrepayment of said extensions of credit, to wit,
DEPALMA, VACCARO, FORNINO, and others agreed to, and did,
threaten physical violence and other harm if Victim #2 did not
make prompt repayment of various loans and other debts, in
violation of Title 18, United States Code, Section 894.

b.     From in or about February 2004, up through
and including in or about October 2004, in the Southern District
of New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO and
JOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and others
known and unknown, unlawfully, willfully, and knowingly used
extortionate means to collect and attempt to collect extensions
of credit as that term is defined in Title 18, United States
Code, Section 891, and to punish a person for the nonrepayment of
such extensions of credit, to wit, DEPALMA, VACCARO, FORNINO, and
others threatened Victim #2 with physical violence and other harm
if he did not make prompt repayment of various loans and other
debts, in violation of Title 18, United States Code, Sections 894
and 2.

Racketeering Act Fourteen – Loansharking

28.     From in or about October 2003, up through and
including in or about August 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA, the defendant, and
others known and unknown, unlawfully, willfully, and knowingly
made an extortionate extension of credit, as that term is defined
in Title 18, United States Code, Section 891, to wit, a loan of
$10,000 to Robert Sanseverino, a/k/a “Bobby Phones,” in violation
of Title 18, United States Code, Sections 891, 892 and 2.

Racketeering Act Fifteen –
Interstate Transportation And Receipt Of Stolen Property
(Jewelry And Watches)

29.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Fifteen:

a.     From in or about May 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully and knowingly did transport, transmit, and
transfer in interstate commerce, goods, wares and merchandise, to
wit, assorted watches and jewelry, having a value in excess of
$5,000, which the defendants believed had been stolen, converted
and taken by fraud, in violation of Title 18, United States Code,
Sections 2314, 21 and 2.

b.     From in or about May 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully and knowingly did receive, possess,
conceal, store, barter, sell, and dispose of goods, wares and
merchandise, namely, assorted watches and jewelry, having a value
in excess of $5,000, which the defendants believed had crossed a
State boundary after being stolen, unlawfully converted, and
taken, believing the same to have been stolen, unlawfully
converted, and taken, in violation of Title 18, United States
Code, Sections 2315, 21 and 2.

Racketeering Act Sixteen –
Interstate Transportation And Receipt Of Stolen Goods
(Televisions)

30.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Sixteen:

a.     From in or about January 2004, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, JOSEPH FORNINO,
and ROBERT VACCARO, JR., the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did transport,
transmit, and transfer, in interstate and foreign commerce,
goods, wares, and merchandise, having a value in excess of
$5,000, to wit, flat-screen televisions, which the defendants
believed had been stolen, converted and taken by fraud, in
violation of Title 18, United States Code, Sections 2314, 21 and
2.

b.     From in or about January 2004, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, JOSEPH FORNINO,
and ROBERT VACCARO, JR., the defendants, and others known and
unknown, unlawfully, willfully and knowingly did receive,
possess, conceal, store, barter, sell, and dispose of goods,
wares and merchandise, namely, flat-screen televisions, having a
value in excess of $5,000, which the defendants believed had
crossed a State boundary after being stolen, unlawfully
converted, and taken, believing the same to have been stolen,
unlawfully converted, and taken, in violation of Title 18, United
States Code, Sections 2315, 21 and 2.

Racketeering Act Seventeen – Interstate
Transportation Of Stolen Automobiles

31.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Seventeen:

a.     From in or about October 2003, up through and
including in or about February 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA, SAM NORDONE and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did transport in interstate
commerce motor vehicles, including BMW and Cadillac automobiles,
knowing the same to have been stolen, in violation of Title 18,
United States Code, Sections 2312 and 2.

b.     From in or about October 2003, up through and
including in or about February 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA, SAM NORDONE, and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully and knowingly received, possessed,
concealed, stored, bartered, sold, and disposed of motor
vehicles, including BMW and Cadillac automobiles, which had
crossed a State boundary after being stolen, knowing the same to
have been stolen, in violation of Title 18, United States Code,
Sections 2313 and 2.

Racketeering Act Eighteen – Illegal Gambling
(Operation Of Illegal High-Stakes Super Bowl Betting Pools)

32.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Eighteen:

Operation Of High-Stakes Super Bowl Betting Pools

a.     From at least in or about December 2003, up
through and including in or about March 2005, in the Southern
District of New York and elsewhere, GREGORY DEPALMA and JOSEPH
FORNINO, a/k/a “Joey Per Voi,” the defendants, and others known
and unknown, unlawfully, willfully, and knowingly conducted,
financed, managed, supervised, directed, and owned all and part
of an illegal gambling business, namely, high-stakes Super Bowl
betting pools conducted at various commercial establishments,
which grossed in excess of approximately $150,000, in violation
of New York State Penal Law Sections 225.00 and 225.10, and which
business involved five and more persons who conducted, financed,
managed, supervised, directed, and owned all and part of it, and
which business had been and remained in substantially continuous
operation for a period in excess of thirty days and had gross
revenues of $2,000 in a single day, in violation of Title 18,
United States Code, Sections 1955 and 2.

b.     From in or about December 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA and JOSEPH FORNINO, a/k/a
“Joey Per Voi,” the defendants, and others known and unknown,
unlawfully, willfully, and knowingly advanced and profited from
unlawful gambling activity by engaging in bookmaking, namely, the
operation of illegal high-stakes Super Bowl betting pools, to the
extent that they received and accepted in one day more than five
bets totaling more than $5,000, in violation of New York State
Penal Law Sections 225.00 and 225.10(1).

Racketeering Act Nineteen – Illegal Gambling
(Operation Of An Illegal Sports Betting Business)

33.     From in or about October 2004, up through and
including in or about December 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, being engaged in the
business of betting and wagering, unlawfully, willfully, and
knowingly did use a wire communication facility, namely the
telephone assigned (866) 888-6555, for the transmission in
interstate and foreign commerce of bets, wagers, and information
assisting in the placing of bets and wagers on sporting events
and contests, and for the transmission of wire communications
which did entitle the recipient to receive money and credit as a
result of bets and wagers, and for information assisting in the
placing of bets and wagers, in violation of Title 18, United
States Code, Sections 1084 and 2.

Racketeering Act Twenty –
Unlawful Acquisition Of Medical Benefits From
United Food and Commercial Workers’ Union, Local 305

34.     The defendants named below committed the following
acts of racketeering, either one of which alone constitutes the
commission of Racketeering Act Twenty:

Union Embezzlement

a.     From in or about April 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and ROBERT
VACCARO, JR., the defendants, and others known and unknown,
unlawfully, willfully, and knowingly embezzled, stole,
abstracted, and converted to their own use, and to the use of
another, moneys, funds, securities, premiums, credits, property,
and other assets of an employee welfare benefit plan and employee
pension benefit plan, as that term is defined in Title 18, United
States Code, Section 664, and of a fund connected therewith,
namely, employer contributions owed to the pension, health and
insurance benefit funds of the United Food and Commercial
Workers, Local 305 (“Local 305"), in violation of Title 18,
United States Code, Sections 664 and 2.

Mail Fraud

b.     From in or about April 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and ROBERT
VACCARO, JR., the defendants, and others known and unknown,
unlawfully, willfully, and knowingly, having devised and
intending to devise a scheme and artifice to defraud, and for
obtaining money and property by means of false and fraudulent
pretenses, representations, and promises, for the purpose of
executing such scheme and artifice and attempting to do so, did
place in a post office and authorized depository for mail matter
a matter and thing to be sent and delivered by the United States
Postal Service, and did take and receive therefrom, such matter
and thing, and did cause such matter and thing to be delivered by
mail according to the direction thereon, and at the place at
which it was directed to be delivered by the person to whom it
was addressed, to wit, the defendants and others fraudulently
obtained medical benefits from Local 305 by falsely claiming to
be employed by an employer who had entered into a collective
bargaining agreement with Local 305, during the course of which
scheme Local 305 mailed statements and other information to the
defendants, in violation of Title 18, United States Code,
Sections 1341 and 2.

Racketeering Act Twenty-One – Insurance Fraud Resulting
From The Staged Theft of a Ford Thunderbird Automobile

35.     From in or about May 2004, up to and including in
or about July 2004, in the Southern District of New York and
elsewhere, GREGORY DEPALMA and SAM NORDONE, the defendants, and
others known and unknown, unlawfully, willfully, and knowingly,
having devised and intending to devise a scheme and artifice to
defraud, and for obtaining money and property by means of false
and fraudulent pretenses, representations, and promises, for the
purpose of executing such scheme and artifice and attempting to
do so, did place in a post office and authorized depository for
mail matter a matter and thing to be sent and delivered by the
United States Postal Service, and did take and receive therefrom,
such matter and thing, and did cause such matter and thing to be
delivered by mail according to the direction thereon, and at the
place at which it was directed to be delivered by the person to
whom it was addressed, to wit, DEPALMA, NORDONE, and others filed
an insurance claim with State Farm Insurance Company falsely
stating that a 2004 Ford Thunderbird had been stolen, during the
course of which scheme State Farm caused mailings to be made to
the person who filed the claim, in violation of Title 18, United
States Code, Sections 1341 and 2.

Racketeering Act Twenty-Two – Trafficking
In Items Bearing Counterfeit Marks

36.     From in or about September 2003, up to and
including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA, the defendant, and others
known and unknown, unlawfully, intentionally, and knowingly
trafficked, and attempted to traffic, in goods and used
counterfeit marks on and in connection with such goods, to wit,
GREGORY DEPALMA and others distributed merchandise bearing
counterfeit trademarked designs, in violation of Title 18, United
States Code, Sections 2320 and 2.

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

COUNT TWO

The Racketeering Conspiracy

The Grand Jury further charges:

37.    Paragraphs 1 through 12 and 14 through 36 of this
Indictment are repeated and realleged and incorporated by
reference as though fully set forth herein.

38.    From in or about the early 1990s, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, NICHOLAS LASORSA,
a/k/a “Nicky,” CHRISTOPHER SUCARATO, JOSEPH FORNINO, a/k/a “Joey
Per Voi,” ROBERT PERSICO, SAM NORDONE, and ROBERT VACCARO, JR.,
the defendants, and others known and unknown, being persons
employed by and associated with the racketeering enterprise
described in Paragraphs 1 through 12 above, namely, the Gambino
Organized Crime Family, which enterprise was engaged in, and the
activities of which affected, interstate and foreign commerce,
unlawfully, willfully, and knowingly combined, conspired,
confederated, and agreed together and with each other to conduct
and participate, directly and indirectly, in the conduct of the
affairs of that enterprise through a pattern of racketeering
activity, as that term is defined in Title 18, United States
Code, Sections 1961(1) and 1961(5), which pattern is set forth
more fully in paragraphs 14 through 36 above, as Racketeering
Acts One through Twenty-Two. It was a further part and an object
of the conspiracy that each defendant agreed that a conspirator
would commit at least two acts of racketeering activity in the
conduct of the affairs of the enterprise.

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

VIOLENT CRIME IN AID OF RACKETEERING

COUNT THREE

(Assault of Victim #3 In Aid of Racketeering)

The Grand Jury further charges:

39.    At all times relevant to this Indictment, the
Gambino Organized Crime Family, as more fully described in
Paragraphs 1 through 12 of this Indictment, which are repeated,
realleged, and incorporated by reference as though set forth
fully herein, constituted an "enterprise," as that term is
defined in Title 18, United States Code, Section 1959(b)(2), that
is, a group of individuals associated in fact, although not a
legal entity, which was engaged in, and the activities of which
affected, interstate and foreign commerce.

40.     At all times relevant to this Indictment, the
above-described enterprise, through its members and associates,
engaged in racketeering activity, as that term is defined in
Title 18, United States Code, Sections 1959(b)(1) and 1961(1),
namely, acts indictable under Title 18, United States Code,
Section 1951 (extortion), acts indictable under Title 18, United
States Code, Section 894 (extortionate collection of debts), acts
indictable under Title 18, United States Code, Section 892
(making of extortionate extensions of credit), acts indictable
under Title 18, United States Code, Sections 1084 and 1955
(illegal gambling business), acts indictable under Title 18,
United States Code, Sections 2312, 2313, 2314, and 2315 (sale,
purchase, transportation and possession of stolen property), acts
indictable under Title 18, United States Code, Section 2320
(trafficking in counterfeit goods), and acts involving illegal
gambling, in violation of New York State Penal Law.

41.     In or about February 2005, in the Southern
District of New York and elsewhere, for the purpose of
maintaining and increasing their positions in the Gambino
Organized Crime Family, an enterprise engaged in racketeering
activity, GREGORY DEPALMA and ROBERT VACCARO, the defendants, and
others known and unknown, unlawfully, willfully, and knowingly
did assault Victim #3 with a deadly weapon, to wit, DEPALMA and
VACCARO struck Victim #3 over the head with a deadly weapon,
resulting in serious head injuries to Victim #3, in violation of
New York State Penal Law, Sections 120.05(1) and (2), and 20.00.

(Title 18, United States Code, Sections 1959(a)(3) and 2.)

COUNT FOUR

(Conspiracy To Extort The Owner Of A Restaurant
Located In Greenwich, Connecticut)

The Grand Jury further charges:

42.     From in or about 1998, up through and including in
or about March 2005, in the Southern District of New York and
elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a
“Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,”
GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO,
and NICHOLAS LASORSA, a/k/a “Nicky,” the defendants, and others
known and unknown, unlawfully, willfully, and knowingly did
combine, conspire, confederate, and agree together and with each
other to commit extortion, as that term is defined in Title 18,
United States Code, Section 1951(b)(2), by obtaining money and
property from and with the consent of another person, to wit, the
owner and operator of a restaurant in Greenwich, Connecticut,
which consent would have been and was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT FIVE

(Extortion Of The Owner Of A Restaurant
Located In Greenwich, Connecticut)

The Grand Jury further charges:

43.     From in or about 1998, up through and including in
or about March 2005, in the Southern District of New York and
elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a
“Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,”
GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO and
NICHOLAS LASORSA, a/k/a “Nicky,” the defendants, and others known
and unknown, unlawfully, willfully, and knowingly did commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another, to wit, the owner and operator
of a restaurant in Greenwich, Connecticut, which consent was
induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT SIX

(Conspiracy To Extort A Construction Company
Located In Mineola, New York)

The Grand Jury further charges:

44.     From in or about September 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,”
THOMAS CACCIOPOLI, a/k/a “Tommy Sneakers,” and ROBERT VACCARO,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly did combine, conspire, confederate, and
agree together and with each other to commit extortion, as that
term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of other persons, to wit, the owners and operators of a
construction company in Mineola, New York, which consent would
have been and was induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby would and did
obstruct, delay, and affect commerce and the movement of articles
and commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT SEVEN

(Extortion Of A Construction Company
Located In Mineola, New York)

The Grand Jury further charges:

45.     From in or about September 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,”
THOMAS CACCIOPOLI, a/k/a “Tommy Sneakers,” and ROBERT VACCARO,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly did commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of others,
to wit, the owners and operators of a construction company in
Mineola, New York, which consent was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
did obstruct, delay, and affect commerce and the movement of
articles and commodities in commerce, as that term is defined in
Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT EIGHT

(Conspiracy To Extort A Construction Company
Located In Staten Island, New York)

The Grand Jury further charges:

46.     From in or about September 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” and THOMAS CACCIOPOLI, a/k/a “Tommy
Sneakers,” the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of other persons, to wit, the owners and
operators of a construction company in Staten Island, New York,
which consent would have been and was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT NINE

(Extortion Of A Construction Company
Located In Staten Island, New York)

The Grand Jury further charges:

47. From in or about September 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” and THOMAS CACCIOPOLI, a/k/a “Tommy
Sneakers,” the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of others, to wit, the owners and operators of a
construction company in Staten Island, New York, which consent
was induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT TEN

(Conspiracy To Extort Victim #1)
The Grand Jury further charges:

48.     From in or about June 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” ALPHONSE SISCA, a/k/a “Funzi,” GREGORY DEPALMA,
ROBERT VACCARO, CHRISTOPHER SUCARATO, and FRANK D’AGOSTINO, a/k/a
“Frankie D,” the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another person, to wit, Victim #1, which
consent would have been and was induced by the wrongful use of
actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT ELEVEN

(Extortion Of Victim #1)

The Grand Jury further charges:

49.     From in or about June 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
ROBERT VACCARO, CHRISTOPHER SUCARATO, and FRANK D’AGOSTINO, a/k/a
“Frankie D,” the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of another, to wit, Victim #1, which consent was induced
by the wrongful use of actual and threatened force, violence, and
fear, and thereby did obstruct, delay, and affect commerce and
the movement of articles and commodities in commerce, as that
term is defined in Title 18, United States Code, Section
1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT TWELVE

(Conspiracy To Extort A Trucking
Company Located In New Jersey)

The Grand Jury further charges:

50.     From in or about September 2003, up through and
including in or about February 2005, in the Southern District of
New York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and
ROBERT VACCARO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of other persons, to wit, the owners and
operators of a trucking company in New Jersey, which consent
would have been and was induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby would and did
obstruct, delay, and affect commerce and the movement of articles
and commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT THIRTEEN

(Extortion Of A Trucking Company Located In New Jersey)

The Grand Jury further charges:

51.     From in or about September 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,” and
ROBERT VACCARO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of others, to wit, the owners and operators of a trucking
company in New Jersey, which consent was induced by the wrongful
use of actual and threatened force, violence, and fear, and
thereby did obstruct, delay, and affect commerce and the movement
of articles and commodities in commerce, as that term is defined
in Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2).

COUNT FOURTEEN

(Conspiracy To Extort A Construction Company
Located In Westchester County, New York)

The Grand Jury further charges:

52.     From in or about the early 1990s, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another person, to wit, the owners and
operators of a construction company located in Westchester
County, New York, which consent would have been and was induced
by the wrongful use of actual and threatened force, violence, and
fear, and thereby would and did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3).
(Title 18, United States Code, Section 1951.)

COUNT FIFTEEN

(Extortion Of A Construction Company
Located In Westchester County, New York)

The Grand Jury further charges:

53.     From in or about the early 1990s, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ROBERT VACCARO, and ROBERT
PERSICO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did commit extortion, as
that term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of another, to wit, the owners and operators of a
construction company in Westchester County, New York, which
consent was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby did obstruct, delay, and
affect commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT SIXTEEN

(Conspiracy To Extort A
Nightclub Owner In The Bronx, New York)

The Grand Jury further charges:

54.     From in or about February 1998, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
LOUIS FILIPPELLI, a/k/a “Bo,” NICHOLAS LASORSA, a/k/a “Nicky,”
and CHRISTOPHER SUCARATO, the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did combine,
conspire, confederate, and agree together and with each other to
commit extortion, as that term is defined in Title 18, United
States Code, Section 1951(b)(2), by obtaining money and property
from and with the consent of another person, to wit, the owner
and operator of nightclubs in the Bronx, New York, which consent
would have been and was induced by the wrongful use of actual and
threatened force, violence, and fear, and thereby would and did
obstruct, delay, and affect commerce and the movement of articles
and commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT SEVENTEEN

(Extortion Of A Nightclub Owner In The Bronx, New York)

The Grand Jury further charges:

55.     From in or about February 1998, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
LOUIS FILIPPELLI, a/k/a “Bo,” NICHOLAS LASORSA, a/k/a “Nicky,”
and CHRISTOPHER SUCARATO, the defendants, and others known and
unknown, unlawfully, willfully, and knowingly did commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of another person, to wit, the owner and
operator of nightclubs in the Bronx, New York, which consent was
induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT EIGHTEEN

(Conspiracy to Extort A New York City Radio Station)
The Grand Jury further charges:

56.     From in or about July 2003, up through and
including in or about October 2003, in the Southern District of
New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, a/k/a “Bo,”
ROBERT VACCARO, and JOSEPH FORNINO, a/k/a “Joey Per Voi,” the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did combine, conspire, confederate, and agree
together and with each other to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining property from and with the consent of other persons, to
wit, the employees, contractors, and agents of a New York City
radio station, which consent would have been and was induced by
the wrongful use of actual and threatened force, violence, and
fear, and thereby would and did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT NINETEEN

(Extortion Of A New York City Radio Station)

The Grand Jury further charges:

57.     From in or about July 2003, up through and
including in or about October 2003, in the Southern District of
New York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, LOUIS FILIPPELLI, ROBERT VACCARO,
and JOSEPH FORNINO, a/k/a “Joey Per Voi,” the defendants, and
others known and unknown, unlawfully, willfully, and knowingly
did commit extortion, as that term is defined in Title 18, United
States Code, Section 1951(b)(2), by obtaining property from and
with the consent of others, to wit, the employees, contractors
and agents of a New York City radio station, which consent was
induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby did obstruct, delay, and affect
commerce and the movement of articles and commodities in
commerce, as that term is defined in Title 18, United States
Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT TWENTY

(Conspiracy To Extort A Second Construction
Company Located In Westchester County, New York)

The Grand Jury further charges:

58.     From in or about September 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly did combine, conspire, confederate, and
agree together and with each other to commit extortion, as that
term is defined in Title 18, United States Code, Section
1951(b)(2), by obtaining money and property from and with the
consent of other persons, to wit, the owners and operators of a
second construction company in Westchester County, New York,
which consent would have been and was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT TWENTY-ONE

(Extortion Of A Second Construction Company
Located In Westchester County, New York)

The Grand Jury further charges:

59.     From in or about September 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” GREGORY DEPALMA and ROBERT VACCARO,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly did commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of others,
to wit, the owners and operators of a second construction company
in Westchester County, New York, which consent was induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT TWENTY-TWO

(Conspiracy To Extort A Third Construction
Company Located In Westchester County, New York)

The Grand Jury further charges:

60.     From in or about June 2004, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did combine, conspire, confederate, and agree
together and with each other to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of another
person, to wit, the owner and operator of a third construction
company in Westchester County, New York, which consent would have
been and was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby would and did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3)

(Title 18, United States Code, Section 1951.)

COUNT TWENTY-THREE

(Extortion Of A Third Construction Company
Located In Westchester County, New York)

The Grand Jury further charges:

61.     From in or about June 2004, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did commit extortion, as that term is defined in
Title 18, United States Code, Section 1951(b)(2), by obtaining
money and property from and with the consent of another person,
to wit, the owner and operator of a third construction company in
Westchester County, New York, which consent was induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3).
(Title 18, United States Code, Sections 1951 and 2.)

COUNT TWENTY-FOUR

(Conspiracy To Extort A Construction
Company Located In Rockland County, New York)

The Grand Jury further charges:

62.     From in or about July 2004, up through and
including in or about August 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and NEIL
DELIETO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by obtaining money and property from
and with the consent of other persons, to wit, the owners and
operators of a construction company in Rockland County, New York,
which consent would have been and was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
would and did obstruct, delay, and affect commerce and the
movement of articles and commodities in commerce, as that term is
defined in Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT TWENTY-FIVE

(Attempted Extortion Of A Construction
Company Located In Rockland County, New York)

The Grand Jury further charges:

63.     From in or about July 2004, up through and
including in or about August 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, and NEIL
DELIETO, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did attempt to commit
extortion, as that term is defined in Title 18, United States
Code, Section 1951(b)(2), by attempting to obtain money and
property from and with the consent of others, to wit, the owners
and operators of a construction company in Rockland County, New
York, which consent would have been and was induced by the
wrongful use of actual and threatened force, violence, and fear,
and thereby would and did obstruct, delay, and affect commerce
and the movement of articles and commodities in commerce, as that
term is defined in Title 18, United States Code, Section
1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT TWENTY-SIX

(Conspiracy To Extort A Concrete Company
Located In Westchester County, New York)

The Grand Jury further charges:

64.     From in or about August 2003, up through and
including in or about May 2004, in the Southern District of New
York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did combine, conspire, confederate, and agree
together and with each other to commit extortion, as that term is
defined in Title 18, United States Code, Section 1951(b)(2), by
obtaining money and property from and with the consent of other
persons, to wit, the owners and operators of a concrete company
in Westchester County, New York, which consent would have been
and was induced by the wrongful use of actual and threatened
force, violence, and fear, and thereby would and did obstruct,
delay, and affect commerce and the movement of articles and
commodities in commerce, as that term is defined in Title 18,
United States Code, Section 1951(b)(3).

(Title 18, United States Code, Section 1951.)

COUNT TWENTY-SEVEN

(Extortion Of A Concrete Company
Located In Westchester County, New York)

The Grand Jury further charges:

65. From in or about August 2003, up through and
including in or about May 2004, in the Southern District of New
York and elsewhere, ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA and ROBERT VACCARO, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly did commit extortion, as that term is defined in
Title 18, United States Code, Section 1951(b)(2), by obtaining
money and property from and with the consent of others, to wit,
the owners and operators of a concrete company in Westchester
County, New York, which consent was induced by the wrongful use
of actual and threatened force, violence, and fear, and thereby
did obstruct, delay, and affect commerce and the movement of
articles and commodities in commerce, as that term is defined in
Title 18, United States Code, Section 1951(b)(3).

(Title 18, United States Code, Sections 1951 and 2.)

COUNT TWENTY-EIGHT

(Conspiracy To Operate An Illegal Numbers Business)

The Grand Jury further charges:

66.     From in or about the early 1990s, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a
“Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a
“Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,”
LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO, LEONARD MINUTO,
SR., a/k/a “Lenny,” LEONARD MINUTO, JR., a/k/a “Lenny,” LOUIS
NATRELLA, a/k/a “Little Louie,” FRANK BUSCEMI, a/k/a “Cheech,”
JOHN VACCARO, a/k/a “Popcorn,” and PAUL OLIVERI, the defendants,
and others known and unknown, unlawfully, willfully, and
knowingly did combine, conspire, confederate, and agree together
and with each other to commit an offense against the United
States, to wit, to violate Title 18, United States Code, Section
1955.

67.    It was a part and an object of said conspiracy
that ARNOLD SQUITIERI, a/k/a “Bozey,” a/k/a “Zeke,” a/k/a
“Sylvester,” ANTHONY MEGALE, a/k/a “Mac,” a/k/a “Machiavelli,”
GREGORY DEPALMA, ALPHONSE SISCA, a/k/a “Funzi,” LOUIS FILIPPELLI,
a/k/a “Bo,” ROBERT VACCARO, LEONARD MINUTO, SR., a/k/a “Lenny,”
LEONARD MINUTO, JR., a/k/a “Lenny,” LOUIS NATRELLA, a/k/a “Little
Louie,” FRANK BUSCEMI, a/k/a “Cheech,” JOHN VACCARO, a/k/a
“Popcorn,” and PAUL OLIVERI, the defendants, and others known and
unknown, unlawfully, willfully and knowingly would and did
conduct, finance, manage, supervise, direct, and own all and part
of an illegal gambling business, namely, an illegal numbers
operation, in violation of New York State Penal Law, Sections
225.00 and 225.10, and which business would and did involve five
and more persons who conducted, financed, managed, supervised,
directed, and owned all and part of it, and which business would
and did remain in substantially continuous operation for a period
in excess of thirty days and have gross revenues of $2,000 in a
single day, in violation of Title 18, United States Code, Section
1955.

Overt Acts

68.     In furtherance of said conspiracy and to effect
the illegal object thereof, the following overt acts, among
others, were committed:

a.     In or about April 2004, GREGORY DEPALMA met
LEONARD MINUTO, JR. in Westchester County, New York.

b.     On or about April 5, 2004, ROBERT VACCARO
spoke on the telephone with JOHN VACCARO.

c.     On or about June 4, 2004, DEPALMA met with
ROBERT VACCARO and LEONARD MINUTO, SR. in Westchester County, New
York.

d.     On or about August 31, 2004, an individual
(“Individual #1") met FRANK BUSCEMI, a/k/a “Cheech,” at a
location in Westchester County, New York.

e.     On or about September 22, 2004, DEPALMA,
VACCARO and ALPHONSE SISCA, a/k/a “Funzi,” met at a restaurant in
Manhattan.

f.     On or about November 10, 2004, DEPALMA,
VACCARO and LOUIS NATRELLA, a/k/a “Little Louie,” met in
Westchester County, New York.

g.     On or about December 12, 2004, PAUL OLIVERI
met LOUIS NATRELLA at 744A Morris Park Avenue, in the Bronx, New
York.

h.     On or about January 25, 2005, DEPALMA met
LOUIS FILIPPELLI at a location in Westchester County, New York.
(Title 18, United States Code, Section 371.)

COUNT TWENTY-NINE

(Operation Of An Illegal Numbers Business)
The Grand Jury further charges:

69.     From at least in or about the early 1990s, up
through and including in or about March 2005, in the Southern
District of New York and elsewhere, ARNOLD SQUITIERI, a/k/a
“Bozey,” a/k/a “Zeke,” a/k/a “Sylvester,” ANTHONY MEGALE, a/k/a
“Mac,” a/k/a “Machiavelli,” GREGORY DEPALMA, ALPHONSE SISCA,
a/k/a “Funzi,” LOUIS FILIPPELLI, a/k/a “Bo,” ROBERT VACCARO,
LEONARD MINUTO, SR., a/k/a “Lenny,” LEONARD MINUTO, JR., a/k/a
“Lenny,” LOUIS NATRELLA, a/k/a “Little Louie,” FRANK BUSCEMI,
a/k/a “Cheech,” JOHN VACCARO, a/k/a “Popcorn,” and PAUL OLIVERI,
the defendants, and others known and unknown, unlawfully,
willfully, and knowingly conducted, financed, managed,
supervised, directed, and owned all and part of an illegal
gambling business, namely, an illegal numbers operation, in
violation of New York State Penal Law Sections 225.00 and 225.10,
and which business involved five and more persons who conducted,
financed, managed, supervised, directed, and owned all and part
of it, and which business had been and remained in substantially
continuous operation for a period in excess of thirty days and
had gross revenues of $2,000 in a single day.

(Title 18, United States Code, Sections 1955 and 2.)

COUNT THIRTY

(Conspiracy To Operate An Illegal Numbers Business –
Genovese Organized Crime Family)

The Grand Jury further charges:

70.    From in or about the 1990s, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, while PASQUALE DELUCA, a/k/a “Scop,” the
defendant, was on release pursuant to an order of the United
States District Court for the Southern District of New York,
dated on or about February 26, 2003, issued pursuant to Title 18,
United States Code, Section 3142(c), DELUCA, and others known and
unknown, through DELUCA’s membership in the Genovese Organized
Crime Family of LCN, unlawfully, willfully, and knowingly did
combine, conspire, confederate, and agree together and with each
other to commit an offense against the United States, to wit, to
violate Title 18, United States Code, Section 1955.

71.     It was a part and an object of said conspiracy
that PASQUALE DELUCA, a/k/a “Scop,”, the defendant, and others
known and unknown, would and did conduct, finance, manage,
supervise, direct, and own all and part of an illegal gambling
business, namely, an illegal numbers operation, in violation of
New York State Penal Law, Sections 225.00 and 225.10, and which
business would and did involve five and more persons who
conducted, financed, managed, supervised, directed, and owned all
and part of it, and which business would and did remain in
substantially continuous operation for a period in excess of
thirty days and have gross revenues of $2,000 in a single day, in
violation of Title 18, United States Code, Section 1955.

Overt Acts

72.    In furtherance of said conspiracy and to effect
the illegal object thereof, the following overt act, among
others, was committed:

a.     On or about September 13, 2004, PASQUALE
DELUCA, a/k/a “Scop,” met GREGORY DEPALMA at a location in
Westchester County, New York.

(Title 18, United States Code, Sections 371 and 3147(1).)

COUNT THIRTY-ONE

(Conspiracy To Collect An Extension
Of Credit By Extortionate Means)

The Grand Jury further charges:

73.     From in or about February 2004, up through andincluding in or about October 2004, in the Southern District ofNew York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, JOHNCAPRA, a/k/a “Johnny Hooks,” JOSEPH FORNINO, a/k/a “Joey PerVoi,” AL ALVAREZ, and MARK DENUZIO, the defendants, and othersknown and unknown, through CAPRA’s position as a Capo in theLuchese Organized Crime Family of LCN, unlawfully, willfully, andknowingly combined, conspired, confederated, and agreed togetherand with each other to participate in the use of extortionatemeans to collect and attempt to collect extensions of credit, asthat term is defined in Title 18, United States Code, Section891, and to punish a person for the nonrepayment of saidextensions of credit, to wit, DEPALMA, VACCARO, CAPRA, FORNINO,ALVAREZ, DENUZIO, and others agreed to, and did, threatenphysical violence and other harm if Victim #2 did not make promptrepayment of various loans and other debts.
(Title 18, United States Code, Section 894.)

COUNT THIRTY-TWO

(Collection Of Extensions Of
Credit By Extortionate Means)

The Grand Jury further charges:

74.     From in or about February 2004, up through and
including in or about October 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, JOHN
CAPRA, a/k/a “Johnny Hooks,” JOSEPH FORNINO, a/k/a “Joey Per
Voi,” AL ALVAREZ, and MARK DENUZIO, the defendants, and others
known and unknown, through CAPRA’s position as a Capo in the
Luchese Organized Crime Family of LCN, unlawfully, willfully, and
knowingly used extortionate means to collect and attempt to
collect extensions of credit as that term is defined in Title 18,
United States Code, Section 891, and to punish a person for the
nonrepayment of such extensions of credit, to wit, DEPALMA,
VACCARO, CAPRA, FORNINO, ALVAREZ, DENUZIO, and others threatened
Victim #2 with physical violence and other harm if he did not
make prompt repayment of various loans and other debts.

(Title 18, United States Code, Sections 894 and 2.)

COUNT THIRTY-THREE

(Loansharking)
The Grand Jury further charges:
 

75.     From in or about October 2003, up through and
including in or about August 2004, in the Southern District of
New York and elsewhere, GREGORY DEPALMA, the defendant, and
others known and unknown, unlawfully, willfully, and knowingly
made an extortionate extension of credit, as that term is defined
in Title 18, United States Code, Section 891, to wit, a loan of
$10,000, to Robert Sanseverino, a/k/a “Bobby Phones.”

(Title 18, United States Code, Sections 891, 892 and 2.)

COUNT THIRTY-FOUR

(Conspiracy To Transport And Receive
Stolen Property - Watches And Jewelry)
 

The Grand Jury further charges:

76.    From in or about December 2003, up through and
including in or about March 2005, in the Southern District of New
York and elsewhere, GREGORY DEPALMA, ROBERT VACCARO, ROBERT
PERSICO, and THOMAS D’AGOSTINO, a/k/a “Tommy D,” the defendants,
and others known and unknown, unlawfully, willfully, and
knowingly did combine, conspire, confederate, and agree together
and with each other to commit an offense against the United
States, to wit, to violate Title 18, United States Code, Sections
2314 and 2315.

77.     It was a part and an object of the conspiracy that
GREGORY DEPALMA, ROBERT VACCARO, ROBERT PERSICO, and THOMAS
D’AGOSTINO, a/k/a “Tommy D,” the defendants, and others known and
unknown, unlawfully, willfully and knowingly would and did
transport, transmit and transfer in interstate commerce, goods,
wares and merchandise, to wit, assorted watches and jewelry,
having a value in excess of $5,000, which the defendants believed
had been stolen, converted and taken by fraud, in violation of
Title 18, United States Code, Sections 2314 and 21.

78.     It was a further part and an object of the
conspiracy that GREGORY DEPALMA, ROBERT VACCARO, ROBERT PERSICO,
and THOMAS D’AGOSTINO, a/k/a “Tommy D,” the defendants,
unlawfully, willfully and knowingly would and did receive,
possess, conceal, store, barter, sell, and dispose of goods,
wares, and merchandise, namely assorted watches and jewelry,
having a value in excess of $5,000, which the defendants believed
had crossed a State boundary, after being stolen, unlawfully
converted, and taken, believing the same to have been stolen,
unlawfully converted, and taken, in violation of Title 18, United
States Code, Sections 2315 and 21.

Overt Acts

79.    In furtherance of said conspiracy and to effect
the illegal objects thereof, the following overt acts, among
others, were committed:

a. On or about October 31, 2003, GREGORY DEPALMA
met another individual (“Individual #2") at a location in
Westchester County, New York, and received eleven pieces of
jewelry.

b. On or about November 3, 2003, GREGORY DEPALMA
met Individual #2 in Westchester County, New York.

c. On or about December 13, 2003, GREGORY
DEPALMA and THOMAS D’AGOSTINO had a telephone conversation.

d. On or about February 10, 2004, GREGORY
DEPALMA and ROBERT PERSICO met in New Rochelle, New York.

e. On or about March 12, 2004, GREGORY DEPALMA
and ROBERT PERSICO met in New Rochelle, New York.

f. On or about July 29, 2004, GREGORY DEPALMA
and ROBERT VACCARO met in New Rochelle, New York.

g. On or about August 13, 2004, GREGORY DEPALMA,
ROBERT VACCARO, and Individual #2 had a meeting at a restaurant
in New Rochelle, New York.

(Title 18, United States Code, Section 371.)

COUNT THIRTY-FIVE

(Interstate Transportation Of Stolen
Property - Watches And Jewelry)
 

The Grand Jury further charges: