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U.S. v. GOTTI

No. 98-1159.

155 F.3d 144 (1998)

UNITED STATES of America, Appellant, v. John A. GOTTI, also known as John, Jr., also known as Junior; Mario Antonicelli, also known as Little Mario; Gregory DePalma, also known as Greg, also known as Ron; Vincent Zollo, also known as Vinny; Defendants-Appellees, Louis Ricco, also known as Louie Bracciole, also known as Louie Brash; Craig DePalma; Michael Sergio, also known as Mikey Hop, also known as Hop; Stephen Sergio, also known as Sigmund the Sea Monster; Dominick Loiacono, also known as the Butcher; Leonard Minuto, Sr., also known as Cliff, also known as the Turtle; Steven Fortunato, also known as Guappo; Peter Forchetti, also known as Fat Pete, also known as Jonesie; Anthony Plomitallo, also known as Anthony the Carpenter; William R. Marshall, also known as Willie; Robert Sanseverino, also known as Bobby Sans; Christian Binnie, also known as Chris; John Forcelli, also known as Bart; Marco Barros; Michael Zambouros, also known as Michael Z.; Salvatore Locascio, also known as Tore; Angelo Prisco; John Sialiano, also known as Goombah Johnnie; Dennis McLain, also known as Denny, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 8, 1998.

Attorney(s) appearing for the Case

Bart G. Van De Weghe, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, New York City; Sharon Cohen Levin and Robert E. Rice, Assistant United States Attorneys, of counsel), for Appellant.

Gerald L. Shargel, New York City (Sarita Kedia, of counsel), for Appellee John A. Gotti.

Before: WINTER, Chief Judge, POOLER, Circuit Judge, and DORSEY, District Judge.

POOLER, Circuit Judge.

BACKGROUND

On January 20, 1998, a New York grand jury indicted the 23 defendants in this case and charged them in 60 counts with violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq. The indictment alleges that defendants participated in a racketeering enterprise known as the Gambino Family and engaged in extortion, fraud, loansharking, money laundering, obstruction of justice...

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