Defendants.
- - - - - - - - - - - - - - - - - -x
COUNT ONE
(Racketeering Conspiracy)
The Enterprise
other crimes.
in the New York City and New Jersey area, namely, the Genovese
2
Organized Crime Family of LCN, and the Decavalcante Organized
most of which were based in New York City. Each "crew" had as
income for the Family, and/or that the associate was capable of
as "tribute. ff
3
6. Above the Capos were the highest-ranking members
4
steps include appointing multi-member committees, and/or
The Defendants
the defendant.
5
participant in the enterprise, the Gambino Organized Crime
various crimes, which they committed along with other members and
6
including DANIEL MARINO, THOMAS OREFICE, and ONOFRIO MODICA,
following:
harm; and
7
and SALVATORE BORGIA, the defendants, and others known and
and with each other to violate Title 18, United States Code,
8
conduct and participate in the conduct of the affairs of the
States Code, Section 1951, and New York State Penal Law, Section
155.40;
9
violation of Title 18, United States Code, Sections 892 and 894;
and
COUNT TWO
(Racketeering)
10
Code, Sections 1961(1) and 1961(5}, that is, through the
New York and elsewhere, DANIEL MARINO, the defendant, and others
wit, with intent to cause the death of another person, MARINO and
11
c. From at least in or about 1997, up to and
New York and elsewhere, DANIEL MARINO, the defendant, and others
Title 18, united States Code, Sections 1512(a) (1) (A) and
(a) (1) (C), 1512 (a) (3) (A), and 1512 (k) .
New York and elsewhere, DANIEL MARINO, the defendant, with malice
premeditation killed, and aided and abetted the killing of, Frank
Code, Sections 1512 (a) (1) (A) and (a) (1) (C), 1512 (a) (3) (A), and 2.
12
Racketeering Act Two:
Murder of Thomas Spinelli and Conspiracy to Murder Thomas
Spinelli
person, MARINO and others did cause the death of Thomas Spinelli,
20.00.
13
testimony in an official proceeding, and to prevent his
sections 1512 (a) (1) (C), 1512 (a) (3) (A), and 1512 (k) .
killed, and aided and abetted the killing of, Thomas Spinelli, to
Code, Sections 1512 (a) (1) (C), 1512 (a) (3) (A), and 2.
14
a In or about August 1987, in the Eastern
105.15.
and aided and abetted murder, to wit, with intent to cause the
death of another person, MODICA and others did cause the death of
and aided and abetted murder, to wit, with intent to cause the
death of another person, MODICA and others did cause the death of
15
Racketeering Act Four:
Attempted Jury Tampering and Obstruction of Justice,
Trial of John J. Gotti
who was then Boss of the Gambino Organized Crime Family, in the
and 2.
16
to and including in or about 2009, in the Southern District of
New York and elsewhere, DANIEL MARINO, the defendant, and others
from and with the consent of other persons, to wit, the owners
violence, and fear, and thereby would and did obstruct, delay,
New York and elsewhere, DANIEL MARINO, the defendant, and others
1951(b) (2), by obtaining money and property from and with the
17
the New York metropolitan area, which consent was induced by the
and thereby did obstruct, delay, and affect commerce and the
conduct, finance, manage, supervise, direct, and own all and part
New York State Penal Law Sections 225.00, 225.05, and 225.10, and
18
Racketeering Act Seven:
Extortion and Extortion Conspiracy - "Victim-l"
Seven:
and threatened force, violence, and fear, and thereby would and
19
commit extortion, and aid and abet the commission of extortion,
1951(b) (2), by obtaining money and property from and with the
thereby did obstruct, delay, and affect commerce and the movement
violation of New York State Penal Law, Sections 155.40 and 20.00.
Eight:
20
District of New York and elsewhere, THOMAS OREFICE and DOMINICK
and threatened force, violence, and fear, and thereby would and
money and property from and with the consent of "Victim-2," whose
force, violence, and fear, and thereby did obstruct, delay, and
21
commerce, as that term is defined in Title 18, United States
violation of New York State Penal Law, Sections 155.40 and 20.00.
Nine:
22
and with the consent of another person, to wit, an individual
and threatened force, violence, and fear, and thereby would and
money and property from and with the consent of "Victim-3," whose
force, violence, and fear, and thereby did obstruct, delay, and
23
unlawfully, willfully, and knowingly did obtain property by
violation of New York State Penal Law, Sections 155.40 and 20.00.
threatened force, violence, and fear, and thereby would and did
24
and commodities in commerce, as that term is defined in Title 18,
violence, and fear, and thereby did obstruct, delay, and affect
25
extortion, as that term is defined in Title 18, United States
and with the consent of other persons, to wit, the owners and
violence, and fear, and thereby did obstruct, delay, and affect
State Penal Law Sections 225.00 and 225.05, and which business
supervised, directed, and owned all and part of it, and which
26
revenues of $2,000 in a single day, in violation of Title 18,
27
prostitution, in violation of Title 18, United States Code,
28
Racketeering Act Fourteen:
Wire Fraud and Transportation of Fraudulently Obtained Property -
Meat Distribution
Fourteen:
29
including in or about 2009, in the Southern District of New York
value of $5,000 and more, knowing the same to have been stolen,
area to pay for fraudulent and inflated bills for meat orders,
and did aid and abet the commission of the same offense, in
30
make extortionate extensions of credit, as that term is defined
Section 892.
Section 894.
31
a. In or about February 2009, in the Eastern
812, 841 (a) (1), and 841 (b) (1) (C), and Title 18, United States
Code, section 2.
and agree together and with each other to distribute, and possess
and agree together and with each other to distribute, and possess
32
with intent to distribute, a controlled substance, to wit, less
states Code, Sections 812, 841 (a) (1), 841 (b) (1) (D), and 846.
812, 841 (a) (1), and 841 (b) (1) (C), and Title 18, United States
Code, Section 2.
and agree together and with each other to distribute, and possess
33
cocaine, in violation of Title 21, United States Code, Sections
COUNT THREE
(Murder in Aid of Racketeering)
(Title 18, United States Code, Sections 1959(a) (1) and 2.)
COUNT FOUR
(Witness Tampering - Murdering a Witness)
34
40. From at least in or about 1997, up to and
New York and elsewhere, DANIEL MARINO, the defendant, with malice
premeditation killed, and aided and abetted the killing of, Frank
COUNT FIVE
(Extortion Conspiracy - Construction Industry)
and elsewhere, DANIEL MARINO, the defendant, and others known and
from and with the consent of other persons, to wit, the owners
35
was induced by the wrongful use of actual and threatened force,
violence, and fear, and thereby would and did obstruct, delay,
COUNT SIX
(Illegal Gambling Business - Sports Betting)
conduct, finance, manage, supervise, direct, and own all and part
New York State Penal Law Sections 225.00, 225.05, and 225.10, and
36
had gross revenues of $2,000 in a single day, and aided and
COUNT SEVEN
(Extortion Conspiracy - "Victim-I")
fear, and thereby would and did obstruct, delay, and affect
37
COUNT EIGHT
(Assault In Aid Of Racketeering - "Victim-1")
and 20.00.
(Title 18, United States Code, Sections 1959(a) (3) and 2.)
COUNT NINE
(Extortion Conspiracy - "Victim-2")
38
extortion, as that term is defined in Title 18, United States
and threatened force, violence, and fear, and thereby would and
COUNT TEN
(Assault In Aid Of Racketeering - "Victim-2")
39
same, in violation of New York State Penal Law, Sections 120.05
and 20.00.
(Title 18, United States Code, Sections 1959(a) (3) and 2.)
COUNT ELEVEN
(Extortion Conspiracy - "Victim-3")
and threatened force, violence, and fear, and thereby would and
COUNT TWELVE
(Extortion Conspiracy - "Victim-4")
40
New York and elsewhere, THOMAS OREFICE, DOMINICK DIFIORE, ANTHONY
thereby would and did obstruct, delay, and affect commerce and
COUNT THIRTEEN
(Extortion - Home Heating Oil Industry)
41
Code, Section 1951(b) (2), by obtaining money and property from
and with the consent of other persons, to wit, the owners and
violence, and fear, and thereby did obstruct, delay, and affect
COUNT FOURTEEN
(Assault In Aid Of Racketeering - "Victim-5")
42
individual ("Victim-5"), and aided and abetted the same, in
violation of New York State Penal Law, Sections 120.05 and 20.00.
(Title 18, United States Code, Sections 1959(a) (3) and 2.)
COUNT FIFTEEN
(Illegal Gambling Business - Poker Games)
State Penal Law sections 225.00 and 225.05, and which business
supervised, directed, and owned all and part· of it, and which
same.
43
COUNT SIXTEEN
(Sex Trafficking - Transportation)
the same.
COUNT SEVENTEEN
(Sex Trafficking - Persuasion, Inducement, Enticement, Coercion)
44
interstate commerce to engage in prostitution, and aided and
COUNT EIGHTEEN
(Sex Trafficking of a Minor)
who had not attained the age of 18 years, to wit, the Underage
COUNT NINETEEN
(Sex Trafficking of a Minor - Conspiracy)
45
confederated, and agreed together and with each other to
COUNT TWENTY
(Wire Fraud Conspiracy - Meat Distribution)
Section 1343.
46
cause to be transmitted by means of wire, radio, and television
artifice.
COUNT TWENTY-ONE
(Wire Fraud - Meat Distribution)
47
executing such scheme and artifice and attempting so to do, and
COUNT TWENTY-TWO
(Conspiracy to Make Extortionate Extensions of Credit)
metropolitan area.
COUNT TWENTY-THREE
(Conspiracy to Collect Extensions of Credit by Extortionate
Means)
48
shall forfeit, pursuant to Title 18, United States Code, section 1963:
1962.
1963(a) (1), (a) (2), and (a) (3), includes, but is not limited to,
50
SCARPAC I , THOMAS SCARPACI, DAVID EISLER, and SALVATORE BORGIA,
diligence;
Court;
51
United States pursuant to Title 18, united States Code, Section
981(a) (1) (C) and Title 28, United States Code, Section 2461, all
offenses.
diligence;
the Court;
or
forfeitable property.
(Title 18, United States Code, Section 981 (a) (1) (C) ;
Title 21, united States Code, Section 853(p);
Title 28, United States Code, Section 2461.)
52
Third Forfeiture Allegation
united States Code, Section 981(a) (1) (C) and Title 28, United
States Code, Section 2461, all property, real and personal, that
diligence;
the Court;
or
53
other property of said defendants up to the value of the above
forfeitable property.
Code, Section 981(a) (1) (C) and Title 28, United States Code,
extortion offenses.
diligence;
54
c. has been placed beyond the jurisdiction of
the Court;
or
forfeitable property.
and pursuant to Title 28, United States Code, Section 2461, all
55
property, real and personal, that constitutes or is derived from
diligence;
the Court;
or
forfeitable property.
56
Code, Sections 2421, 2422, and 2423, alleged in Counts Sixteen
diligence;
the Court;
or
57
other property of said defendants up to the value of the above
forfeitable property.
United States Code, Section 981(a) (1) (C) and Title 28, United
States Code, Section 2461, all property, real and personal, that
diligence;
the Court;
or
58
e. has been commingled with other property which
forfeitable property.
18, United States Code, Sections 892 and 894, alleged in Counts
States Code, Section 981(a) (1) (C) and Title 28, United States
59
a. cannot be located upon the exercise of due
diligence;
the Court;
or
forfeitable property.
PREET BHARARA
United States Attorney
60
Form No. USA-33s-274 (Ed. 9-25-58)
- v. -
DANIEL MARINO,
THOMAS OREFICE, a/k/a UNoel,"
DOMINICK DIFIORE,
ANTHONY MANZELLA,
MICHAEL SCOTTO,
MICHAEL SCARPACI,
THOMAS SCARPACI,
DAVID EISLER,
SALVATORE BORGIA,
STEVE MAIURRO,
KEITH DELLITALIA,
SUZANNE PORCELLI, and
ANTHONY VECCHIONE
Defendants.
SEALED
INDICTMENT
PREET BHARARA
united States Attorney.
A TRUE BILL