DOCSLIB.ORG

Opening Statement United States V. Anthony Antico EDNY

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Opening Statement United States V. Anthony Antico EDNY Opening Statement United States v. Anthony Antico EDNY - 7/14/10 1 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK 2 ---------- - - - x 3 UNITED STATES OF AMERICA 08-CR-559 (CBA) 4 -against- 5 U.S. District Court Brooklyn , New York 6 ANTHONY ANTICO also known as "Tony O," 7 "Big Nose" and "Tica" Trial 8 Oef endant 9 July 14, 2010 - - -- - - - - - - - - - x 2:15 p.m . 10 11 BEFORE: HONORABLE CAROL BAGLEY AMON 12 United States District Judge and a jury 13 14 APPEARANCES : 15 For the Government: BENTON J. CAMPBELL, ESQUIRE United States Attorney 16 271 Cadman Plaza East Brooklyn, New York 11201 17 BY: JACK DENNEHY STEPHEN E. FRANK 18 NICOLE M. ARGENTIERI Assistant U.S. Attorneys 19 20 21 For the Defendant: MATHEW J. MARI 110 Wall Street 22 11th Floor New York, New York 10005 23 and GERALD J. McMAHON 24 26 Broadway 18th Floor 25 New York, New York 10004 RONALD E. TOLKIN, RMR , CRR OFFH~T Al r.OllRT RFPORTFR OPENING STATEMENT - McMAHON 15 1 criminal associates not to worry, that the defendant will take 2 care of it , he's going to take care of the jeweler. In hi s 3 own words , "Just wait for me . " 4 You will also hear r ecordings of the defendant 5 discussing the operation of his illegal gambling club . You 6 will hear him on tape talking about it. 7 Now, those are just some of the recordings that 8 you ' re going to hear. And after you have seen and heard all 9 of the evidence in this case , the witnesses, the physical 10 evidence , and the recordings, the evidence will establish the 11 defendant's guilt beyond a reasonable doubt of all of the 12 charged crimes. 13 Thank you. 14 THE COURT: Thank you . 15 Mr . McMahon . 16 (Opening Statement - Mr . McMahon.) 17 MR. McMAHON : Yes, Judge . 18 May it please the Court , Judge Amon, Mr. Antico , 19 Mr. Mari, members of the prosecution team , members of the 20 jury , in November of 2009 and January of 2010 , the government 21 made Anthony Antico an offer that he couldn't refuse , and he 22 refused it. And that's why we ' re here today . 23 Good afternoon, ladies and gentlemen. My name is 24 Gerry McMahon. As you know, I represent Anthony Antico , the 25 elderly gentleman over there , along with Matthew Mari. I RONALD E. TOLKIN , RMR, CRR OFFTC:TAI r.OIJRT RFPORTFR OPENING STATEMENT - McMAHON 16 1 would be remiss if I did not first begin by thanking you on 2 behalf of Mr . Antico for agreeing to serve as jurors in this 3 case. 4 The government can bring charges. The government 5 can arrest people, but the government cannot convict anybody . 6 Only you people can do that. Anthony has a constitutional 7 right to a trial by jury. You are the jury . He gets to have 8 his case decided by you people. And when he entered a plea of 9 not guilty, that ' s what he wanted. And you are giving him 10 that . 11 Now , you all know, from the jury selection process, 12 all you had to say one time, you can't be fair and impartial, 13 and you're gone . You declined to do that . You all said you 14 could be fair and impartial, and that's all we want . 15 We don't want anything more than that. We just want 16 a fair trial by a jury of his peers . You ' re giving hi m that 17 and we thank you for that. 18 Now, for more than 50 years in this country , there 19 has been absolute fascination with all things Mafia. In the 20 1970 ' s, it was the Godfather movies . For the last ten years 21 it was the Sopranos . 22 The Mafia, the mythical Mafia, everything about the 23 Mafia. It has influenced criminals on the street. It has an 24 effect on law enforcement. Young crimi nals on the street 25 wanting to be a part of something larger than what they are, RONALD E. TOLKIN , RMR . CRR OFFTC:TAI C:OllRT RFPORTFR OPENING STATEMENT - McMAHON 17 1 who go around and strut and say, I'm an associate. I'm with 2 this group or I'm with that group, and they get a little 3 street credit. 4 For law enforcement, the Mafia is a virtual mother's 5 milk. You get publicity, you get promotions, agents get 6 promoted, prosecutors became mayors, governors , whatever. 7 And because of the lure and the allure of the Mafia 8 and the prosecutions, what sometimes is just an ordinary 9 street crime a robbery, a gambling, by ordinary street 10 criminals, becomes something different, something bigger. 11 It becomes a racketeering charge. And that's 12 precisely what we have here. And that brings us back to the 13 offer that the government made to Anthony Antico. 14 Now, you will hear a great deal of testimony in this 15 trial, and you'll see tons of pictures, all sorts of things, 16 and they will establish that Anthony Antico, in his earlier 17 days, ran around with people who were associated with the 18 Mafia. 19 But as you saw on the questionnaire, and as Judge 20 Amon will tell you, being in the Mafia or being associated or 21 hanging around with people in the Mafia is not a crime. You 22 have to commit crimes. And if you don't commit crimes, you're 23 not guilty of anything. 24 So you're going to hear from this government, at 25 this table, a ton of evidence in the next two or three weeks RONALD E. TOLKIN, RHR, CRR OFFTC:T Al C:OllRT RFPORTFR OPENING STATEMENT - McMAHON 18 1 about people that he knows or people that he was at a wake or 2 a funeral with, and they're going to have people come in and 3 say they're Mafia; so he must be Mafia, so he must be a 4 criminal. But you are going to hear over the next two or 5 three weeks very little evidence about crimes that Anthony 6 Antico committed. Very little evidence indeed. 7 Now let's talk about, there are four crimes that you 8 are going to consider. There is an alleged extortion of a 9 deli on Staten Island approximately 15 years ago. There is 10 the illegal gambling club that he supposedly ran. There is 11 the robbery of the Pick 6 guy . And then there is the botched 12 robbery of the Staten Island jeweler which ended in his death. 13 Those are the four crimes. Those are the four 14 street crimes that the government will try to persuade you 15 beyond a reasonable doubt that were committed by the Genovese 16 organized crime family, and because he has some connection to 17 the family he's responsible for that conduct. 18 I'm going to talk a little bit in detail about each 19 of those crimes to show you what you will hear over the next 20 two weeks on the government's case will not prove anything of 21 the sort. 22 Let's first talk about the 1995 extortion. This is 23 a deli or bagelette. The guy has a store in Staten Island. 24 So in 1995 he sells it to a Pakistani fellow by the name of 25 Khan. This Mr. Khan owns a number of stores. I think it may RONALD E. TOLKIN , RHR , CRR OFFTf.TAI f:OllRT RFPORTFR OPENING STATEMENT - McMAHON 19 1 be 18 or 20 stores. 2 Now, so Mr. Khan figures he's bought the deli, I 3 believe there may be a lawyer involved, money has changed 4 hands, contract, the whole thing . He puts two people in to 5 run this bagel store. 8 After a couple of days, an Italian guy comes into 7 his store and forcibly throws these Pakistani employees out of 8 the bagel store. And says to the words to the effect of, 9 Well, I was a silent partner in the bagel store that got sold 10 to you without me being taken care of. 11 So Mr. Khan goes to an individual that he knows by 12 the name of Giglio. Giglio's brother had a pork store next to 13 another one of Mr. Khan's bagel stores. So he knew Giglio. 14 Giglio had been a customer of his. His brother has a pork 15 store next door. 16 So he knows, Mr. Khan does , that Mr. Giglio has some 17 reputation. He hears that Giglio is a guy that maybe has a 18 reputation. So he says to Giglio, his friend, I had these two 19 guys come in and throw my employees out of the store I just 20 bought, can you help me out? 21 You'll also hear from Mr. Khan, and some of you 22 might ask, Well , why didn't he go to the police. Apparently, 23 Mr. Khan has some tax issues, maybe he didn't pay all his 24 taxes or whatever, but who knows. 25 15 years ago, Khan decides, instead of going to the RONALD E. TOLKIN, RMR. CRR OFFTC:T Al C:OllRT RFPORTFR OPENING STATEMENT - McMAHON 20 1 police, he will go to this Mr. Giglio. So he goes to 2 Mr. Giglio. Then the Italian guy says, Well, I got a big guy 3 on my team too.
Load more

Recommended publications
  • 1 1 United States Court of Appeals for the 2 Second
    06-5571-cr United States v. Yannotti S.D.N.Y. Scheindlin, J. 04-cr-690 1 UNITED STATES COURT OF APPEALS FOR THE 2 SECOND CIRCUIT 3 4 August Term, 2007 5 (Argued: December 20, 2007 Decided: September 4, 2008 ) 6 7 Docket No. 06-5571-cr 8 9UNITED STATES OF AMERICA, 10 Appellee, 11 – v. – 12 MICHAEL YANNOTTI, 13 Defendant-Appellant. 14 15 Before: KATZMANN, B.D. PARKER, and RAGGI, Circuit Judges. 16 Appeal from a judgment of conviction in the United States District Court for the Southern 17 District of New York (Scheindlin, J.) for racketeering conspiracy. See 18 U.S.C. § 1962(d). 18 Affirmed. 19 20 21 DIARMUID WHITE, White & White (Brendan White, 22 on the brief), New York, N.Y., for Defendant- 23 Appellant. 24 1 1ELIE HONIG, Assistant United States Attorney (Katherine 2 Polk Failla, on the brief), for Michael J. Garcia, United 3 States Attorney for the Southern District of New York, 4 New York, N.Y., for Appellee. 5 6BARRINGTON D. PARKER, Circuit Judge: 7 8 Michael Yannotti appeals from a judgment of conviction in the United States District 9 Court for the Southern District of New York (Scheindlin, J.). The jury convicted him of 10 conspiring to engage in racketeering in violation of the Racketeer Influenced and Corrupt 11 Organizations (“RICO”) Act. See 18 U.S.C. § 1962(d). The district court sentenced Yannotti 12 principally to 240 months’ incarceration. Yannotti’s appeal raises several issues. We consider 13 whether one of the counts of conviction was time-barred, whether the district court properly 14 admitted certain intercepted communications, and whether the evidence was sufficient to support 15 his conviction for racketeering conspiracy.
    [Show full text]
  • INDEPENDENT REVIEW BOARD 444 North Capitol Street, NW, Suite 528
    INDEPENDENT REVIEW BOARD 444 North Capitol Street, NW, Suite 528 Washington, DC 20001 - (202) 434-8080 Facsimile (202) 434-8084 Corruption Hotline (800) CALL IRB Chief Investigator Board Members: Charles M. Carberry, Esq. Grant Crandall, Esq. 17 Batteiy Place, Suite 331 Crandall, Pyles, Haviland & Turner New York, NY 10004 122 Capitol Street, Suite 300 Charleston, WV 25301 Administrator: Frederick B. Lacey, Esq. lohn J. Cronin, Jr. LeBoeuf, Lamb, Greene & MacRae One Riverfront Plaza Newark, NJ 07102-5490 William H. Webster, Esq. January 26 1999 Milbank, Tweed, Hadley&McCloy ' 1825EyeStreet,NW, Suite 1100 Washington, DC 20006 Mr. Tom Sever Acting General President 25 Louisiana Avenue, N.W. Washington, D.C. 20001-2198 Re: Decision on Charges against Local 282 Member Theodore N. Furstman Dear Mr. Sever: The Independent Review Board has reviewed your December 11, 1998, decision in the above-captioned matter, and finds the decision to be not inadequate. Very truly yours, Members of the Independent Review Board By: cc: David L. Neigus, Esq. Patrick J. Szymanski, Esq. Pursuant to the Consent Order of the I'nih-d Stah*s District Court, S.D.N. Y. United States -v- International Brotherhood of 'Monsters 88 CIV 4486 (DNE) tNTERNATtONAL BROTHERHOOD OF TEAMSTERS AFL-CIO OFFICE OF TOM SEVER GENERAL SECRETARY-TREASURER December 11, 1998 Mr. John J. Cronin, Jr., Administrator Independent Review Board 444 North Capitol Street, N.W. Washington, D.C. 20001 Re: Theodore N. Furstman, Local Union 282 Dear Mr. Cronin: This is in response to your letter of December 8, 1998 advising me that the Independent Review Board ("IRB") found the decision suspending Theodore Furstman from membership for a period of five years was inadequate.
    [Show full text]
  • Review Board Re: Proposed Charges Against Local 282 Member Anthony Sainato Date: May 24, 2001
    To: Members of Local 282 Executive Board From: Members of the Independent Review Board Re: Proposed Charges Against Local 282 Member Anthony Sainato Date: May 24, 2001 I. RECOMMENDATION The Independent Review Board ("IRB") refers the below report to the Local 282 Executive Board and recommends the filing charges against Local 282 member Anthony Sainato ("Sainato") for failing to cooperate with the IRB by refusing to answer at least sixty guestions during his sworn examination on May 8, 2001 concerning his association with individuals publicly identified as either members or associates of the Columbo La Cosa Nostra ("LCN") Family. By his actions, it appears that, while an IBT member, Sainato violated Article II, Section 2(a) and Article XIX, Section 7(b)(1) and (2) and Section 14 (i) of the IBT Constitution by obstructing, interfering and unreasonably failing to cooperate with the duties of the IRB as set forth in Paragraph G of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.) ("Consent Decree"). II. JURISDICTION Pursuant to Article XIX, Section 14(c) of the IBT Constitution, this disciplinary matter is within the jurisdiction of the Local 282 Executive Board. Paragraph G(e) of the March 14, 1989 Consent Decree in "niter!-Stgj^g. v-^Lnternational Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.) and Paragraph 1(6) of the Rules and Procedures for Operation of the Independent Review Board ("the IRB Rules") require that within 90 days of the IRB's referral of a matter to an IBT entity, that IBT entity must file with the IRB written findings setting forth the specific action taken and the reasons for that action.
    [Show full text]
  • September 2012 Highlights Highlighted Premiere Premieres
    SEPTEMBER 2012 HIGHLIGHTS ** Denotes programs with artwork available on Investigation Discovery’s Press Website All Times ET // All airdates are subject to change INVESTIGATION DISCOVERY PRESS CONTACTS: Jordyn Linsk Charlotte Bigford Publicist Publicist 240-662-2421, [email protected] 240-662-3125, [email protected] HIGHLIGHTED PREMIERE HAPPILY NEVER AFTER TV-14 “Ice Cold Heart” Episode Premieres Saturday, August 4 at 10 PM ET Special “Addicted Edition” Encore of “Ice Cold Heart” Premieres Wed., August 8 at 10 PM ET Narrated by Emmy Award-winner Marlo Thomas, HAPPILY NEVER AFTER tells the true stories of people who meet untimely ends on or around their wedding days. In this special updated version of “Ice Cold Heart,” producers’ facts and ID Addict’s tweets will be integrated throughout the episode. Leading viewers through these tales of romance, sex, greed and betrayal is Dr. Wendy Walsh, a clinical psychologist and relationship expert. As this new series suggests, perhaps love found is not always happily ever after. Ice Cold Heart Premieres Saturday, August 4 at 10 PM ET Arm in arm with her loving Uncle Howard, Lisa Solomon takes the final steps down the aisle toward her love of four years, Matthew Solomon. Uncle Howard kisses her “goodbye,” finally letting his darling niece go. Lisa’s sparkling smile is contagious, and everyone knows this is the happiest day of her life. But on the newlywed’s two-month anniversary - Christmas Eve - Matthew calls police: Lisa went for a walk and never came back. He pleads to news cameras for help to find his vanished bride, and hundreds of volunteers give up their holidays to scour Long Island for missing Lisa.
    [Show full text]
  • R and S Circus Produce Corp
    THE CITY OF NEW YORK BUSINESS INTEG RIT Y COMMISSION 100 CHURCH STREET, :20TH FLOOR NEW YORK. NEW YORK 10007 DECISION OF TH E BUSINESS INT EGRITY COIVIMISS ION DENYING THE APPLICATION O F R AND S CIRCUS PRODUCE CORP. FORREGI STRATIO N AS A' VHOLESAL E BUSINESS AT THE NE'V YORK CITY TEllMI NAL PROD UC E COOPERATIVE MARKET Local Law 28 of 1997 ("Local Law 28") and the rules promulgated thereunder require that wholesale bus inesses located or operatin g within the Ne w York City Terminal Produce Cooperative Marke t ("H unts Point Market" or " Market") register with the Commissioner of the Department of Business Services. See New York City Administrative Code ("Adm in. Code") §22-253; 66 RCNY §1-13. The duties of the Commissioner of the Department of Business Services wer e later trans ferred to the Commissioner of the Organ ized Crime Control Commission ("C ommissioner") , pursuant to a charter revision provision approved by voters in November 200 I.The Organi zed Crime Control Commission was subseq uently renam ed the Busin ess Integrity Commission ("Commission "), pursuant to Local Law 2 1 of 2002. The Commissio n may refuse to register a wholesa le business when any of its principals lacks good character, honesty and integrity. See Admin. Code §§22-253(b), 22-259(b); New York City Charter §2101(a) , (b). Administrati ve Code §22-259(b) lists a number of factors whic h the Commission may consider in determ ining the fitness of an individual or a wholesale business. Among the factors that the Comm ission may consi der in making a fitness det ermination are: failure to provide truthful in formation in connection with its registration app lication (id .
    [Show full text]
  • Denial-Edcia-Corp-1941.Pdf
    • THE CITY OF NEW YORK BUSINESS INTEGRITY COMMISSION 100 CHURCH STREET, 20TH FLOOR NEW YORK, NEW YORK 10007 DECISION OF THE BUSINESS INTEGRITY COMMISSION DENYING THE EXEMPTION APPLICATION OF EDCIA CORP. FOR A REGISTRATION TO OPERATE AS A TRADE WASTE BUSINESS Edcia Corp. ("Edcia" or the "Applicant") has applied to the New York City Business Integrity Commission ("Commission"), formerly known as the New York City Trade Waste Commission, for an exemption from licensing requirements and a registration to operate a trade waste business pursuant to Local Law 42 of 1996. See Title 16-A of the New York City Administrative Code ("Admin. Code"), § 16-SOS(a). Local Law 42, which created the Commission to regulate the trade waste removal industry in New York City, was enacted to address pervasive organized crime. and other corruption in the commercial carting industry, to protect businesses using private carting services, and to increase competition in the industry and thereby reduce prices . On February 11, 2005, Edcia applied to the Commission for an exemption from licensing requirements and for a registration enabling it to operate a trade waste business • "solely engaged in the removal of waste materials resulting froni building demolition, construction, alteration or excavation" - a type of waste commonly known as construction and demolition debris, or "c & d." Admin. Code§ 16-SOS(a). Local Law 42 authorizes the Commission to review and determine such applications for exemptions. See id. If, upon review and investigation of the exemption application, the Commission grants the applicant an exemption from licensing requirements applicable to businesses that remove other types of waste, the applicant will be issued a registration.
    [Show full text]
  • 1 UNITED STATES COURT of APPEALS August Term, 2008
    07-4314-cr United States v. Pizzonia UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2008 (Argued: September 25, 2008 Decided: August 19, 2009) Docket No. 07-4314-cr UNITED STATES OF AMERICA, Appellee, —v.— DOMINICK PIZZONIA, Defendant-Appellant. Before: CALABRESI, STRAUB, and RAGGI, Circuit Judges. __________________ Defendant, convicted of racketeering conspiracy in the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge), now appeals on the ground that, in a case where the indictment alleged that the pattern of racketeering “consisted of” specified predicates, the government’s failure to prove any such predicate within the statute of limitations precluded a guilty verdict. 1 AFFIRMED. JOEY LIPTON, Assistant United States Attorney (Peter A. Norling, Paige Petersen, Assistant United States Attorneys, of counsel), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, New York, for Appellee. DIARMUID WHITE (Brendan White, of counsel), White & White, New York, New York, for Defendant-Appellant. REENA RAGGI, Circuit Judge: Defendant Dominick Pizzonia appeals from a judgment of conviction for conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), which was entered on October 2, 2007, by Judge Jack B. Weinstein after a jury trial in the United States District Court for the Eastern District of New York. See 18 U.S.C. § 1962(c)-(d). Presently incarcerated serving a 15-year prison term, Pizzonia invokes the statute of limitations to challenge his conviction. He contends that the indictment limited the scope of the charged conspiracy to seven predicate acts.
    [Show full text]