Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2005 The Story of United States v. Salerno: The Constitutionality of Regulatory Detention Daniel C. Richman Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Criminal Law Commons, and the Law Enforcement and Corrections Commons Recommended Citation Daniel C. Richman, The Story of United States v. Salerno: The Constitutionality of Regulatory Detention, FORDHAM LEGAL STUDIES RESEARCH PAPER NO. 82 (2005). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1361 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. August 1, 2005 – Draft The Story of United States v. Salerno: The Constitutionality of Regulatory Detention Daniel Richman In the custody of United States Marshals in March 1986 after his arrest on racketeering charges, Anthony Salerno, known to his associates and a federal grand jury as “Fat Tony,” did not look particularly dangerous. Indeed, even before his arrest, when holding court at the Palma Boy Social Club in East Harlem, the cigar-chomping 74-year-old “Boss” of the Genovese Family of La Cosa Nostra did not look like the kind of person one crossed the street to avoid on a dark night.1 But under the recently enacted Bail Reform Act of 1984, federal prosecutors could seek the pretrial detention of Salerno and his long-time associate Vincent (“Fish”) Cafaro on grounds of dangerousness.