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John Murtha 28 of 32 - >. 1 , ~ 9 p l /I F. L 92| . I p v si. 92 I I UNITED STATES DISTRICT COURT m 4 EASTERN DISTRICT OF NEW YORK ~ - ~ - - - ~ - --X 9 UNITED STATES OF AMERICA DOCKET NO CK 8O~OOZ49- ; 1 . a 1 against - MICHAEL O. MYERS I .92 .= ANGELO J. ERRICHETTI LOUIS C. JOHANSON and Iv HOWARDL. CRIDEN, . Defendants. 2 - - - - - - - - - - - - - x . ., . UNITED STATES OF AMERICA I DOCKET NO- CR 3O~0OZ53 ; . - against - &#39; V E f RAXMOND.F. LEDERER 92. ANGELO J. ERRICHETTI LOUIS C. JOHANSON and V . HOWARDL. CRIDEN, 1 Defendants. _ _ _ - --I -. _ _ - _ -. - .. - -92 - X M UNITED STATES OF AMERICA DOCKET NO. CR 80-00291 - against &#39; L FRANK THOMPSON,&#39;JR. JOHN M. MURPHY HOWARD L. CRIDEN and JOSEPH SILVESTRI, Defendants. 1t - - - - - - - ~ - - - - - - ~ -;x ~ 9 ¢ MEMORANDUM AND ORDER DENYING "DUE PROCESS" AND OTHER POSTTRIAL MOTIONS _ 92 92_.¢&#39; ; E > F Q : / x > c ,1. A 2 APPEARANCES: . 92 -a --.._.._...-_- UNITED STATES ATTORNEY UNITED STATES DEPARTMENT OF JUSTICE Y .______,;_- ORGANIZED CRIME STRIKE FORCE &#39;.92. .1 by Thomas P. Puccio and Lawrence H. Sharf ».- Attorneys for the Government 1 35 Tillary Street Brooklyn, New York l1201r I 1I HUNDLEY G CACHERIS, P,C. by Plato Cacheris and Larry S. Gondelman Attorneys for Defendant Michael O. Myers 1709 New York Avenue, N.W. I Washington, D. C. 20006 I .» JOKELSON G ROSEN r by Neil Jokelson and Rochelle Ne I Attorneys for Defendant Michael wman i 215 South Broad Street i i : Philadelphia, Pennsylvania 19107 O. Myers L ~ 92. BROWN, BROWN & FURST 1 by Raymond A. Brown and Henry F. I Attorneys for Defendant Angelo J II Gateweay One - Furst Newark, New Jersey 07102 ~ . Errichetti s JOHN J. DUFFY . - Attorney for Defendant Louis C. 2800 Two Girard Plaza " Philadelphia, Pennsylvania 19107 Johanson C MELROD, REDMAN G GARTLAN &#39; I 924 By Richard Ben~Veniste and Neil Attorneys for Defendant Howard L 1801 K. Street, N.W. - I. Levy - . Criden Washington, D. C. 20006 . E1 1 JAMES J. BINNS Attorney for Defendant Raymond F 2800 Two Girard Plaza k Philadelphia, Pennsylvania 19102 . Lederer BONGIOVANNI E REAGOSO Attorneys for Defendant Raymond / 1411 Walnut Street, Suite 500 Philadelphia, Pennsylvania 19102 F. Lederer 92 -. t. .> -. STEPHEN B. KAUFMAN ~ Attorneys for Defendant Frank Thompson, Jr. 277 Park Avenue ~ &#39; New York, New York 10017 ARNOLD G PORTER By Daniel A. Rezneck, Clifford D. Stromberg and Robert N. Weiner Attorneys for Defendant Frank Thompson, Jr. 1200 New Hampshire Street, N.W. Washington, D. C. 20036 &#39; TIGAR, BUFFONE G DOYLE By Miqhael E. Tigar, Samuel J. Buffone and Linda Huber Attorneys for Defendant John M. Murphy 1302 18th Street NW Washington, D. C. 20036 92 O ~ O I . /1/K Q I TABLE OF CONTENTS Page ABSCAM 6 THE SUBJECT CASES 14 A. US v. Myers, Errichetti, Johanson and Criden_ 14 I B- US v. Leaerer. 17 O C. US v. Thompson and Murphf I I III PRETRIAL ANDPOSTTRIAL PROCEEDINGSf 18 IV. DEFENDANTS&#39; CLAIMS -~~~~-~~ Z2 A. Claims of the Myers Defendants. /. Kn B. Thompson&#39;s Claims. 31 C. Murphy&#39;sClaims. D. Lederer&#39;s Claims. E. Claims of the Government 31 GENERAL DISCUSSION OR BASIC LEGAL CONCEPTS A. Entrapment. _ . 32A B. 0utrageousness_ &#39; SPECIFIC DISCUSSIONOF DEFENDANTSCLAIMS 33 A. General Nature of Abscam. " _s4 J, 1. Objective Entrapment and Entrapment as a Matter of Law. 35 Outrageous Government Conduct. 37 Selection of Targets. &#39; 37 . Size of Inducements. Need for Investigative Tactic. 43 Lack of ReliIability,_ 49 49&#39; 49 52 v Table ofContents contd.!&#39; Page 5 I B. Specific Operation of Abscam.92 65 11 Inadequate Safeguards. 65 i 2. Missing Tapes. 68 >v i . Verbal Insulation. 70 Violations of Laws; Regulations, I > and Guidelines. 71 . "Red Flags". &#39; ~ 76 . Use of Middlemen. 82 -. Book-writing. &#39; 88 - The "Asylum" Scenario. 92 C. Weinberg and his Conduct. 93 > l. Weinberg&#39;s CriminalBackground. 93 1 2. Weinberg&#39;sFinances. - 95 D; Miscellaneous Claims. ss " 1. FBI Interview of Lederer. 2 Instructing Agents about Testimony. as . Entrapment of Lederer. 99, Publicity Leaks. 101 VII. JUDGE FULLAMS DECISION IN USIV. JANNOTTI AND SCHWARTZ 102 VIII DEL TUFO,PLAZA ANDWEIR g 1015 IX. MOTIONS FORJUDGMENTS 01-=ACQUITTAL AND ~ 11$ NEW TRIALS A. The Myers Motions. 118 I 1 B. Murphy&#39;sMotions. 118 1 C. Thompsonls Motion. 122 X. CONCLUSION FOOTNOTES 126 129 .-. 152 > ......;_. ...., ... .~.- .&#39;,., ..l__,.,_ _ _ , a- - - .&#39; , . e ...- -_: U I F 6 PRATT, J: I. ABSCAM "Abscam" is the code word, given by the Federal Bureau of Investigation to an underc over "sting" operation 1 < conducted out of the FBI office at H auppauge, Long Island, New York, under the supervision of agent John Good. Abscam began after Melvin Weinberg in 1977 was convicted in the x Western District o£ Pennsylvania on his plea of guilty to fraud. In return for a sentence of probation Weinberg agreed to cooperate with the FBI in setting up an undercover I operation similar to the London Inve stors, Ltd. "business" that Weinberg had used with remarkab le success before his arrest and conviction in Pittsburgh. For most of his life Weinb erg.had been a "con . man" operating in the gray area between legitimate enterprise. and crude criminality. For a number of years in the 1960s 92c 41- . and early 19703, he had been listed as an informantzby 3 the FBI and had provided his contact agent from time to time with intelligence about various known and suspected criminals and criminal activities in the New York metropoli tan area and elsewhere, for which he had received in return occasional small payments of money. When he was arrested on the charge that led to his guilty plea, his informant status was cancelled, later to be re instated after_his 92 ~ , 1 0 t 0 I 92 l Z guilty plea and agreement to cooperate with the FBI. As agentin-charge of the FBI&#39;s LongIsland o£fice_ ~ Good was, at all times, the supervising agent or Abscam. &#39;y Initially, Weinberg worked directly under special agent _ John McCarthy who later was replaced by special agent Anthony i Amoroso. Both McCarthy and Amoroso worked undercover with Q Weinberg. - The general pattern of the "scam" or "sting". _ . operation reflectedWeinberg&#39;s themeearlier oirepresenting 2 wealthy Arab interests who had large sums of cash.available 92 for business opportunities in this country. When operating outside the law in Huntington, Long Island as London Inves- tors, Weinbergs method had been a "front-end scam" for real estate investment wherein he would promise to obtain large-loans for his victims and pick-up "appraisal" or, "processing" fees of several thousand dollars, but without ever producing the final loans. E _ 1 Although not identical to London Investors, the initial plan developed by Weinberg and the FBI was similar, Weinberg was to present himself as a business agent for "Abdul Enterprises", an organization backed by two extremely ~ wealthy Arab sheiks looking for American outlets for their cash. He would pass the word of big money available for h. 4 deals to other con men andpe0ple_who move between the legitimate and illegitimate. If criminal proposals appeared, 0- t _ e 0 t x . .8 appropriate action would be taken by the FBI. Weinberg and the agents set up business in an @ ~ office in Holbrook, Long Island. The&#39;PBI&#39;s code-name"Abscam"i came from the first two letters of "Abdul", combined with. the word "scam". » I ~ x 2 p_ I »» At first Abscam&#39;sfocus was upon stolen and forged &#39;3 bl. securities and stolenart work.Other "investment?opportuni t *1 . > ties soon presented themselves, and quickly the investigation v turned itself toward Atlantic City and theigambling casinos p which were then being proposed and constructed. As word ==*?&#39; Q_spread aboutWeinberg&#39;s with contactvirtuallyinexhaustible J Q Arab funds, AngeloErrichetti, who was bothmayor of Camden, New Jersey, and a New Jersey state senator, came on the , scene. Errichetti claimed to have extraordinary influence in obtaining gambling casino licenses, power over the commis- * ~ sioners who issued the licenses, connections with organized crime, ability to deal in narcotics, guns and counterfeit u ,. I 92- -, securities, as well as intimate knowledge of which members - 2 E of the New Jersey legislature could be bought. _ , E . - Errichetti brought to the undercover agents Howard Criden, a Philadelphia lawyer seeking to promote a gambling ;casino in Atlantic City. In July of 1979, Brrichetti and Criden metgwith Weinberg and Amoroso on the sheiks&#39; yacht in Floridagto discuss financing for the proposed casino ,_ , " ea - -_ 1*W *: G O !92 92 - J_ ,9 that a client of Cridens wanted to build. In the course of the day AmorosoranrirricheftidisEns§e*the*probIem**T=T*T* that might be faced by the sheiks should a revolution occur @&#39; in their country and should they want to come to the United States as permanent residents. Amoroso told Brrichetti that he thought cooperation of public officials would be I needed andthat money would be no problem. Immediately after this conversation Brrichetti and Criden~formed an alliance in which they undertook to 1 produce for Amoroso and Weinberg public officials who, in return for money, were willing to use their influence M with the government on the sheiks behalf. Meetings were arranged at various locations in New York, Philadelphia and Washington where the FBI monitored the proceedings with concealed videotape cameras and microphonesl Where videotape was not feasible, audio recordings were used. Cash payoffs were made by the undercover agents_&#39; . _ . , to six members of the House of Representatives, one immigra~ tion official, Mayor Errichetti, two members of the Philadel- phia city council and, allegedly, to a member of the New Jersey Casino Control Commission.
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