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Electronic Surveillance, the Mafia and Individual Freedom Benjamin M
Louisiana Law Review Volume 42 | Number 4 Summer 1982 Electronic Surveillance, the Mafia and Individual Freedom Benjamin M. Shieber Louisiana State University Law Center Repository Citation Benjamin M. Shieber, Electronic Surveillance, the Mafia and Individual Freedom, 42 La. L. Rev. (1982) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol42/iss4/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. ELECTRONIC SURVEILLANCE, THE MAFIA, AND INDIVIDUAL FREEDOM* Benjamin M. Shieber** I. INTRODUCTION The United States Constitution affects the ability of federal, state and local governments to combat criminal activity. Since the relevant constitutional provisions are in the form of broadly stated legal commands,' the constitutionality of specific law enforcement practices can only be determined when the courts, ultimately the Supreme Court of the United States, interpret these commands in cases in which they are challenged. As has long been recognized, the judicial role in the interpretation process is a creative one, for when conflicting policies compete for ac- ceptance, a court's interpretation will further one policy at the expense of another.' The court's policy preference can only be rational and respon- sible when it is based on "considerations of what is expedient for the community concerned."'3 This requires the court to know the communi- ty, determine how implementation of each competing policy would af- fect it, and choose the policy of greatest utility for that community.' Cases involving electronic surveillance' by law enforcement agen- * Copyright 1982, Benjamin M. -
Table 2–1 Demographic Trends in New York City, 1890–1940, ~ Total Numbers and Percentages of New York City Population59
The Mob and the City: The Hidden History of the How Mafia Captured New York Chapter Two: Prohibition and the Rise of the Sicilians enclaves. In 1910, 41% of its residents had been born outside America. While Germans and Irish were the largest immigrant groups in the 1800s, Jews and Italians were the largest groups by the early 1900s. “Within the brief span of less than a generation the ethnic composition of the metropolis altered radically,” explains demographer Ira Rosenwaike. “[P]ersons of Jewish and Italian background had become numerically superior to those of Irish and German descent.”58 Table 2–1 Demographic Trends in New York City, 1890–1940, ~ Total Numbers and Percentages of New York City Population59 Census Irish Jewish Italian Black NYC Total Year Population 1890 624,000 (26%) 175,000 (7%) 67,000 (2%) 35,000 (<2%) 2,321,000 1900 710,000 (20%) 510,000 (14%) 216,000 (6%) 60,000 (<2%) 3,437,000 1910 676,000 (14%) 1,050,000 (22%) 544,000 (11%) 91,000 (<2%) 4,766,000 1920 616,000 (10%) 1,600,000 (28%) 802,000 (14%) 152,000 (2%) 5,620,000 1930 613,000 (8%) 1,800,000 (25%) 1,070,000 (15%) 327,000 (4%) 6,930,000 1940 518,000 (6%) 1,785,000 (23%) 1,785,000 (23%) 458,000 (6%) 7,454,000 In Chapter Three: The Racketeer Cometh, we will see how these demographic trends bolstered the Mafia’s labor racketeering. Now, let us look at their social effects on the underworld. -
Dexter Babin, II History 505 Winter 2018-2019
Dexter Babin, II History 505 Winter 2018-2019 The FBI’s Unsuccessful Investigations into the New Orleans Mafia, 1977-1989 At a time when the FBI was eliminating entire chains of command in East Coast Mafia families with numerous investigations, eventually culminating with sentencing the bosses of the infamous “Five Families” to 100 years each in prison, a structural RICO indictment of the New Orleans Mafia was never successful until after New Orleans Mafia boss Carlos Marcello’s death.1 Though the FBI’s 1981 BRILAB insurance kickback sting would send Marcello to prison, his conviction would later be thrown out by an appellate court in 1989; freeing Marcello after serving only 8 years of his 17 year sentence, which also included bribing a California federal judge in an unrelated matter.2 This would leave the FBI’s BRILAB sting the only successful FBI operation in a handful that targeted Marcello during the 70s and 80s. This paper will propose that the FBI’s lack of success when it came to Marcello at this time as threefold: a general lack of structural identity of the New Orleans Mafia, Marcello’s political connections, and the way Marcello handled his finances all shielded him from a major indictment. These three factors will be examined through three unsuccessful FBI investigations against Marcello, which occurred later in his criminal career: the abortive 1975 UNIRAC (Union Racketeering) 1 Selwyn Raab, Five Families: The Rise, Decline, and Resurgence of Americas Most Powerful Mafia Empires [New York: Thomas Dunne Books, 2005], 329-331. 2 Steve Cannizaro, “81 BRILAB Convictions Overturned.” The Times Picayune, June 23, 1989. -
Organized Crime Goes Legit
Click here for Full Issue of EIR Volume 5, Number 48, December 12, 1978 COUNTERINTILLIGINCI ) Organized crime goes legit How Kennedy 'reformers', the mob and drug bankers took over New Jersey The fight over casino gambling in New Jersey has served to place the mob - the real mob - and its started to break open the real story on organized activities even further beyond the reach of the law. crime in the United States. A state report just issued The storyaf New Jersey Governor Brendan Byrne, on Resorts International and its gambling operation in "the man the mob couldn't buy" according to his PR Atlantic City has uncovered the edges of a vast net handouts, illustrates nicely how these bogus "reform" work of drug trafficking and dirty money which, when movements operate. fully traced out, leads from lowly mobsters and thugs First as Essex County (N.J.) Prosecutor until 1967, to the Kennedy machine in the Justice Department, then as state commissioner of public utilities, as a international intelligence services, and some of the judge, and finally as governor, Brendan Byrne has world's top financial institutions. been instrumental in giving Kennedy and British On Dec. 4 the New Jersey Division of Gaming En linked crime networks a foothold in the United States. forcement issued a recommendation that Resorts Through his participation in "cleaning out" the old International be denied a permanent gambling license line political machines in the state and in making for its Atlantic City casino. The lIS-page report, which Atlantic City a legal gambling town, Byrne has in sources say was in the making for months amid troduced into the United States the "new model" tremendous pressure from both pro- and anti casino organized crime that had previously been confined to forces, concentrates on documenting in detail the former British colonies and banana republics. -
1981 Journal
OCTOBER TERM, 1981 Reference Index Contents: Page Statistics n General in Appeals in Arguments in Attorneys iv Briefs iv Certiorari v Costs vi Judgments, Mandates and Opinions vi Miscellaneous vni Original Cases vni Parties x Records x Rehearings xi Rules xi Stays and Bail xi Conclusion xi (i) II STATISTICS AS OF JULY 2, 1982 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket 22 2,935 2,354 5,311 Cases disposed of 6 2,390 2,037 4,433 Remaining on docket 16 545 317 878 Cases docketed during term: Paid cases 2,413 In forma pauperis cases 2,004 Original cases , 5 Total 4,422 Cases remaining from last term 889 Total cases on docket 5,311 Cases disposed of 4,433 Number remaining on docket 878 Petitions for certiorari granted: In paid cases 152 In in forma pauperis cases 7 Appeals granted: In paid cases 51 In in forma pauperis cases 0 Total cases granted plenary review 210 Cases argued during term 184 Number disposed of by full opinions *170 Number disposed of by per curiam opinions **10 Number set for reargument next term 4 Cases available for argument at beginning of term 102 Disposed of summarily after review was granted 8 Original cases set for argument 2 Cases reviewed and decided without oral argument 126 Total cases available for argument at start of next term ***126 Number of written opinions of the Court 141 Opinions per curiam in argued cases **9 Number of lawyers admitted to practice as of October 3, 1982: On written motion 4,077 On oral motion 1,002 Total 5,079 * Includes No. -
Documentazione Allegata
SENATO DELLA REPUBBLICA Vili LEGISLATURA Doc. XXIII n. I/VII DOCUMENTAZIONE ALLEGATA ALLA RELAZIONE CONCLUSIVA DELLA COMMISSIONE PARLAMENTARE D'INCHIESTA SUL FENOMENO DELLA MAFIA IN SICILIA (DOC. XXIII N. 2 - VI LEGISLATURA) VOLUME QUARTO TOMO TREDICESIMO PARTE PRIMA TIPOGRAFIA DEL SENATO PAGINA BIANCA PAGINA BIANCA PAGINA BIANCA —— V SENATO DELLA REPUBBLICA • CAMERA DEI DEPUTATI COMMISSIONE PARLAMENTARE D'INCHIESTA SUL FENOMENO DELLA MAFIA IN SICILIA IL CONSIGLIERE PARLAMENTAI» CAPO DELLA «EGSETOIA Roma, 29 luglio 1980 Onorevole Prot. n. 1832/C-4373 Sen. Prof. Amintore FANFANI Presidente del Senato della Repubblica SEDE Onorevole Presidente, assolvendo all'incarico conferitomi dall'onorevole Presidente Carrara al- l'atto della conclusione dei lavori della Commissione parlamentare d'inchiesta sul fenomeno della mafia in Sicilia, e sciogliendo parzialmente la riserva formulata nella mia precedente lettera n. 1824/C-4367 del 14 maggio 1980, mi onoro di trasmetterla l'atto classificato, secondo il protocollo interno della suddetta Commissione, come Documento 414 (Organized crime and illicit traffic in narcotics — Report of thè Committee on Government Operations United States Senate mode by its Permanent Subcommittee on Investigations together with additional combined views and individuai views), che il Comi- tato ristretto istituito in seno alla Commissione stessa col compito di indivi- duare gli atti e documenti da pubblicare, alla stregua dei criteri da questa fissati nella sua ultima seduta del 15 gennaio 1976, ha deliberato sia pubbli- -
United States V. Scotto: Progression of a Waterfront Corruption Prosecution from Investigation Through Appeal Thomas J
Notre Dame Law Review Volume 57 | Issue 2 Article 6 1-1-1982 United States v. Scotto: Progression of a Waterfront Corruption Prosecution from Investigation through Appeal Thomas J. Salerno Tricia N. Salerno Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Thomas J. Salerno & Tricia N. Salerno, United States v. Scotto: Progression of a Waterfront Corruption Prosecution from Investigation through Appeal, 57 Notre Dame L. Rev. 364 (1982). Available at: http://scholarship.law.nd.edu/ndlr/vol57/iss2/6 This Note is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. United States v. Scotto: Progression of A Waterfront Corruption Prosecution From Investigation Through Appeal* I. Introduction Anthony M. Scotto, a man whom Governor Hugh Carey de- scribed as "trustworthy, energetic, intelligent, effective and edu- cated,"' was convicted in federal district court on November 15, 1979, on charges of racketeering, accepting unlawful labor payments, and income tax evasion. Both Scotto and his co-defendant, Anthony Anastasio, were ranking union officials in the International Long- shoremen's Association (I.L.A.), the powerful union representing American stevedores. Scotto and Anastasio specifically represented the Brooklyn longshoremen in New York. This note uses United States v. Scotto to examine the progression and ramifications of a complex waterfront corruption case. In partic- ular, the note examines the development of the Scotto case from inves- tigation through appeal, and the practical effect which the prosecution and conviction has had on waterfront corruption. -
HSCA Volume IX: II. the Assassination Of
II. THE ASSASSINATION OF PRESIDENT JOHN F. KEN- NEDY AND ORGANIZED CRIME, REPORT OF RALPH SALERNO, CONSULTANT TO THE SELECT COMMITTEE ON ASSASSINATIONS'` CONTENTS Paragraph Issues addressed___________________________________(11) Materials reviewed________________________-_____(12) findings and conclusions by the consultant______________ (14) Summary and excerpts of (14) I. History of Organized Crime in the United States __------------------------ A. Prohibition : The big boost-------------------------------------- (22) B. St. Valentine's Day Massacre ------------------------------------ (28) C. A most successful enterprise_____________________________________ (28) D. Apalachin, MY ------------------------------------------------ (31) E. The Federal response -------------------------------------------- (44) F. State and local efforts-------------------------------------------- (52) II. La Cosa Nostra : FBI File 92-6054------------------------------------- (53) A. La Cosa Nostra and the Kennedy administration-------------------- (54) B. Intelligence operations__________________________________________ (56) C. A successful operation__________________________________________ (63) D. Joseph M. Valachi---------------------------------------------- (71) E. FBI report on the Commission ------------------------------- (74) F. La Cosa Nostra____-______________-____________________________ G. The Kennedy program__________________________________________ H. The Impact of the Kennedy campaign ----------------------------- 85 (1) On political influence----------------------------------- -
13Th Annual Report
The Commission shall make an annual report to the Governor and legislature ... * * Excerpt from S.C.I. Low THIRTEENTH ANNUAL REPORT of the STATE OF NEW JERSEY COMMISSION OF INVESTIGATION to the GOVERNOR AND LEGISLATURE STATE OF NEW JERSEY COMMISSION OF INVESTIGATION COMMISSIONERS Arthur S. lone, Choirman John J. Froncis, Jr. Henry S. Patterson, " Robert J. Del Tufo EXECUTIVE DIRECTOR James 1. O/Halloran Executive Ass?stont John O. Davies Counsel to the Commission Michael V. Coppola Robert E. Geisler James A. Hart, III Gerard P. Lynch 28 West State Street Trenton, New Jersey OB60B 609·292·6767 STATE OF NEW JERSEY COMMISSION OF INVESTIGATION 28 West State Street Trenton, N. J. 08608 . Telephone (609) 292·6767 TO: The Governor and the Members of the Senate and the General Assembly of the State of New Jersey The New Jersey State Commission of Investigation is pleased to submit for the year 1981 its thirteenth annual report and recommendations pursuant to SeeM tion 10 of P.l. 1979, Chapter 254 (N;J.S.A. 52,9M-l0), the Act establishing the Commission of Investigation. Respectfully submitted, Arthur S. Lane, Chairman John J. Francis, Jr. Robert J. Oel Tufo Henry S. Patterson, II ,'" i.' TABLE OF CONTENTS Page The Commission I Origin and Scope ............................... 1 Members of the Commission ....................... .6 Organized Crime Program II . labor Relations Profiteering By Organized Crime in Housing Construction . .. 9 . I. General Introduction ........................ 9 II. Organized Crime in labor Relations .......... " 10 Part I-Gambino Crime Family Consultants/II Part 2-DeCavalcanteCrime Family Consultants/22 Transition to Current Practices/35 III. -
United States V. Clemente, 640 F.2D 1069
Page 1 640 F.2d 1069, 106 L.R.R.M. (BNA) 2673, 7 Fed. R. Evid. Serv. 1318 (Cite as: 640 F.2d 1069) Affirmed. United States Court of Appeals, West Headnotes Second Circuit. UNITED STATES of America, Appellee, [1] Extortion 164T 19 v. 164T Extortion Michael CLEMENTE, Tino Fiumara, Thomas 164Tk18 Federal Offenses Buzzanca, Vincent Colucci, Carol Gardner, Michael 164Tk19 k. In general. Most Cited Cases Copolla and Gerald Swanton, Defendants-Appellants. (Formerly 165k25.1, 165k25 Extortion and Threats) [FN*] “Extortion” as defined in Hobbs Act consists of use FN* Editor's Note : The opinion of the United of wrongful means to achieve a wrongful objective. 18 States Court of Appeals, Ninth Circuit in U.S.C.A. § 1951(b)(2). United States v. Chesher, published in the ad- [2] Extortion 164T 43 vance sheets at this citation (640 F.2d 1069), was withdrawn from bound volume at the re- 164T Extortion quest of the Court. 164Tk40 Trial 164Tk43 k. Instructions. Most Cited Cases Nos. 549 to 553, Dockets 80-1261, 80-1263, 80-1271, (Formerly 165k33 Extortion and Threats) 80-1273 and 80-1275. Instruction authorizing conviction of extortion in Argued Nov. 5, 1980. violation of Hobbs Act upon finding that defendant used Decided Feb. 26, 1981. fear of economic loss to obtain money from persons in Rehearing Denied April 14, 1981. New York and New Jersey waterfront businesses was Defendants were convicted in the United States legally sufficient. 18 U.S.C.A. § 1951. District Court for the Southern District of New York, [3] Criminal Law 110 1159.2(5) Leonard B. -
Curt Gentry J.Edg
1 . 1 GAR HOOVER The Man and the Secrets /RTON & COMPANY York London CURT GENTRY J.EDG W - W NORTON & COMPANY New York London '6•8.10,4'■ J. EDGAR HOOVER After the FBI director met secretly with the president for lunch on March 22, 1962, Judith Campbell lost that privilege. The bug in the Armory Lounge had gradually led him to a discovery that even the old cynic must have found stunning. Campbell, mistress of the president, was also romantically involved with Sinatra, Giancana, and Johnny Roselli, who was the Las Vegas and Hol- lywood representative of the Chicago mob boss. Hoover's education about the power and influence of the nationwide organi- zation he had belatedly discovered at Apalachin had been a crash course. Less than a month before the election, on October 18, he was informing the CIA and military security agencies that Giancana had met three times with a hit man who intended to assassinate the Cuban dictator Fidel Castro in November. Actually, according to the mob leader, the "assassin" intended to pass a "pill" to a "girl," who would slip it into the revolutionary's food or drink." That same day Hoover exhorted his agents in New York, Chicago, and Miami to get more information and keep close tabs on Giancana, noting that 1' he himself was disseminating the story in a "carefully paraphrased version." To hide his use of a MISUR from other intelligence chiefs, he had cited "a source whose reliability has not been tested but who is in a position to obtain information."'" But the hated CIA was hiding even more. -
But U.S. Says He's Mafia
Catena: nice neighbor but U.S. says he's Mafia As far as his neighbors are con- don't pretend to be something he isn't. cerned, you couldn't find a nicer guy Not like a lot of guys around this than Gerardo Catena. town." He keeps his yard up, minds his own Two ladies who live on the street business, pays his bills, and smiles were less vigorous in their defense of hello when he passes. the 67-year-old Catena, but both said it Every summer for the past three, he doesn't bother them — having a man and his wife have locked up their low- accused of being a Mafia boss living slung home at 2100 Coconut Row, near them. where a $70,000 house is not a rarity, "Of course we'd prefer he didn't," and headed back north. one hastened to add, wringing her When winter returns, so does hands. Catena. "We never talk to them. They keep • '• - ^ •• ' «- And so does the Justice Department. pretty much to themselves," she said. And the FBI. 4 "They're good neighbors." Catena, to them, is not the nicest guy Catena, 1959 photo "Oh, yes, we've heard the talk about on the block. his underworld connections," said He is, the Justice Department says, 99 per cent of our neighbors. another woman neighbor. "I've the acting boss of the late Vito "I'll tell you this. He's no punk, that noticed they've returned for the winter Genovese's powerful New York Mafia guy. He's as nice a guy as you'll want — I see their cars coining and going.