Atlantic City Man Sentenced To 30 Months In Prison For Conspiring With Alleged Members Of Organized Crime Family And Others In Fraud Scheme

The U.S. Justice Department released the below information:

CAMDEN, N.J. – An Atlantic City, New Jersey, man was sentenced today to 30 months in prison for assisting members and associates of an organized crime family in a fraud scheme, U.S. Attorney Paul J. Fishman announced.

John Parisi, 54, previously pleaded guilty before U.S. District Judge Robert B. Kugler to conspiring to defraud FirstPlus Financial Group Inc. (FPFG), a Texas-based financial services company targeted for extortionate takeover and looting by a group led by Nicodemo S. Scarfo. Judge Kugler imposed the sentence today in Camden federal court.

According to documents filed in this case and statements made in court:

Parisi and 12 others – including his cousin, Scarfo, an alleged member of the Lucchese La Cosa Nostra (LCN) crime family, and Salvatore Pelullo, an alleged associate of the Lucchese and Philadelphia LCN families – were variously charged in a November 2011 indictment with a racketeering conspiracy, including acts of securities fraud, wire fraud, mail fraud, bank fraud, extortion, interstate travel in aid of racketeering, money laundering and obstruction of justice. The indictment charged that FPFG was targeted for extortionate takeover and looting by a group of the conspirators. A substantial part of the enterprise’s activities occurred in New Jersey, including communications and the transfer of money into and out of the state. John Parisi admitted that he joined the conspiracy in April 2007.

Parisi managed a family trust and a limited liability company on behalf of Scarfo as part of the scheme to defraud FPFG.  Parisi said Scarfo directed him in the use of various bank accounts through which Scarfo received hundreds of thousands of dollars between July 2007 and April 2008 as part of the scheme. As alleged in the indictment, the money involved proceeds of the fraud that Scarfo allegedly received as part of a fraudulent “consulting” agreement between his shell company, Learned Associates, and one controlled by Pelullo. The money also involved proceeds received from the fraudulent sale of Scarfo and Pelullo’s worthless companies to FPFG in 2007. The receipt of the fraudulent proceeds often occurred in the form of wire transfers from accounts in Pennsylvania to accounts in New Jersey.

Parisi admitted that beginning in February 2008 he assisted Scarfo and his then-fiancée, Lisa Marie Scarfo, obtain a mortgage for a $715,000 house in Egg Harbor Township, New Jersey, that the Scarfos intended to purchase. Lisa Marie Scarfo pleaded guilty on Sept. 17, 2013, to a conspiracy to make a false mortgage loan application in connection with the purchase of the Egg Harbor Township house.

In addition to the prison term, Judge Kugler sentenced Parisi to two years of supervised release and ordered him to pay $14 million in restitution.

Scarfo, Pelullo, and William and John Maxwell were convicted in convicted in July 2014 of racketeering conspiracy and related offenses, including securities fraud, wire fraud, mail fraud, bank fraud, extortion, money laundering and obstruction of justice, after a six-month trial before Judge Kugler.  Scarfo and Pelullo were previously sentenced to 30 years in prison.  William and John Maxwell were previously sentenced to 20 and 10 years in prison, respectively.

U.S. Attorney Fishman credited special agents of the FBI in Newark, under the direction of Special Agent in Charge Richard M. Frankel, with the investigation leading to today’s sentencing. They also thanked the U.S. Department of Labor-Office of Inspector General’s Office of Labor Racketeering and Fraud Investigations New York Region, the FBI’s Philadelphia Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their roles in the case.

The government is represented by Assistant U.S. Attorneys Steven D’Aguanno and Howard Wiener of the New Jersey U.S. Attorney’s Office Camden Office.

Defense counsel:  Lisa Evans Lewis Esq., Camden 

Nicodemo "Nicky" Scarfo Jr. And other Lucchese Crime Family Members And Associates Given Lengthy Prison Terms

The U.S. Justice Department released the below information:

In a world inhabited by international cyber criminals and violent terrorists, it would be easy to think of La Cosa Nostra—the Mafia—as a throwback to a bygone era. But a recent New Jersey case involving the Lucchese crime family is proof that traditional organized crime can still be a potent threat.

Members and associates of the Lucchese organized crime family—one of the families traditionally associated with La Cosa Nostra (LCN)—were recently sentenced to lengthy prison terms in New Jersey for a financial fraud scheme that illegally netted millions of dollars.

Nicodemo “Nicky” Scarfo, Jr., whose imprisoned father was an LCN crime boss in Philadelphia, was sentenced in July to 30 years in prison for racketeering, securities and wire fraud, and other charges related to the 2007 illegal takeover of FirstPlus Financial Group Inc. (FPFG), a publicly held company in Texas. His associate, Salvatore Pelullo, also received a 30-year term. Brothers William and John Maxwell received 20- and 10-year terms, respectively.

“Essentially, Scarfo and Pelullo used extortion and other illegal means to gain control of the company,” said Special Agent Joe Gilson, who investigated the case from the FBI’s Atlantic City Resident Agency in New Jersey. “And then they systematically looted the company.”

FPFG, once a billion-dollar financial organization that specialized in mortgages, had filed for bankruptcy. The company was dormant, said Special Agent Bill Hyland, who assisted in the investigation, “but still had assets, thanks to the continued proceeds from all the mortgages it had financed.”

In 2007, Pelullo and Scarfo used threats and other tactics to intimidate and remove FPFG’s management and board of directors. They were replaced with Mafia associates, including the Maxwell brothers—William was named special counsel to FPFG, while John became the company’s CEO.

“Within several weeks of gaining control,” Gilson said, “Pelullo and Scarfo had lined their pockets with $7 million. Before they were arrested in 2011, more than $12 million was illegally funneled to them—money that rightfully belonged to the company’s stockholders.

The investigation revealed that between 2007 and 2008, Scarfo received $33,000 per month from FPFG as a “consultant”—at a time when he was on home detention in New Jersey for violating his parole from a previous conviction. The money was being paid to a shell company controlled by Scarfo. Pelullo, using a different shell company, had a similar deal. With their ill-gotten gains, the mobsters purchased an airplane, a yacht, and expensive jewelry.

“Complicated financial crimes are not normally the strong suit of LCN,” Gilson noted. But Pelullo, who had two previous federal fraud convictions, “was a persuasive con man. He could maintain an air of legitimacy, but behind the scenes everything was a fraud.”

Using a variety of investigative techniques, including a court-ordered wiretap (monitored by retired FBI agents, some of whom had helped put Scarfo’s father behind bars), investigators unraveled the scam with the help of federal partners including the Department of Labor and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. During the more than five-year investigation, a million pages of paper documents were analyzed and the contents of more than 100 computers were searched.

Scarfo, Pelullo, the Maxwells, and others associated with the fraud were convicted in 2014. “We feel great that our team was able to put a stop to these crimes and bring the subjects to justice,” Gilson said. “The FBI remains vigilant against all types of organized crime, including LCN.”

Note: The FBI released the above photo of a plane Scarfo and Pelulllo purchased with some of the millions they illegally siphoned from FirstPlus. 

Note To U.S. U.S. Justice Department: People who speak Italian better than I do tell me that the criminal organization is called Cosa Nostra ("Our Thing") and not La Cosa Nostra ("The Our Thing," which makes no sense).  

As Sentencings Approach, A Look At Mob Ties In FirstPlus Case

Veteran organized crime reporter and author George Anastasia (seen in the above photo) offers a look at the organized crime ties to the FirstPlus case for bigtrial.net.

Unless there are some unforeseen developments -- and in this case that's always possible -- the hammer comes down next week in the multi-million dollar FirstPlus Financial fraud case.

Nicodemo S. Scarfo, Salvatore Pelullo and the brothers John and William Maxwell each have sentencing hearings before U.S. District Court Judge Robert Kugler in the same federal courtroom in Camden where a jury delivered guilty verdicts last year.

Scarfo, the 49-year-old son of jailed mob boss Nicodemo D. "Little Nicky" Scarfo, is looking at a sentence that could land him in prison for the better part of the rest of his life. The same can be said for Pelullo, 47, described as a mob associate and with Scarfo the brains behind the 2007 takeover and looting of the Texas-based mortgage company.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2015/03/a-look-at-mob-ties-to-firstplus-case-as.html#more

You can also read my Philadelphia Inquirer of George Anastasia's latest true crime book, Gotti's Rules, via the below link:

http://www.pauldavisoncrime.com/2015/02/my-philadelphia-inquirer-review-of.html

Judge Losing Patience As Defense Challenges Mob References

Veteran organized crime reporter and author George Anastasia is covering criminal trials for Bigtrial.net.

Salvatore Pelulluo and Nicky Scarfo Jr. used their mob connections to intimidate and silence officials at FirstPlus Financial Group while setting up and carrying out the multi-million dollar looting of the Texas-based company, federal prosecutors contend.

And for that reason, they argue, evidence demonstrating ties to La Cosa Nostra were legitimately presented to the jury during the FirstPlus fraud trail and should not be grounds for dismissing the convictions that were delivered back in July.

Scarfo and Pelullo "allowed various FPFG officials to learn of (their) affiliation with organized crime," Assistant U.S. Attorney Steven D'Aguanno wrote in a 103-page response to a defense motion asking that the convictions be dismissed and a new trial ordered.

"That knowledge caused those officials to refrain from challenging Pelullo's and Scarfo's control of the company" and allowed Pelullo and Scarfo to carry out the "takeover and looting" of the Texas-based mortgage company, the prosecutor wrote.

U.S. District Court Judge Robert Kugler has scheduled a hearing for Friday on the defense motion and government's response. Scarfo, Pelullo and brothers John and William Maxwell, who were also convicted, are scheduled to be sentenced in January.

All four defendants have joined in motions seeking to have their convictions overturned and a new trial ordered. The principal defense argument is that neither the evidence nor the testimony supported the government's contention that the looting of FirstPlus was an organized crime scheme. Introducing the spectre of the mob, the defense argued, created undue prejudice and denied the defendants a fair trial.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/11/judge-losing-patience-as-firstplus.html#more

Scarfo, Pelullo, Maxwells Seek New Trial In FirstPlus Fraud Case

Veteran organized crime reporter and author George Anastasia is covering crime trials for bigtrial.net

They want a do over.

And if they're granted a new trial, they don't want any mention of the mob.

That's the essence of a 72-page motion filed by lawyers for Salvatore Pelullo and joined by lawyers for Nicodemo Scarfo and brothers John and William Maxwell asking Judge Robert Kugler to overturn their convictions and order a retrial in the FirstPlus financial fraud case.

A hearing on the motion and the government's response is set for Monday. Sentencings, which were originally scheduled for Oct. 21, 22 and 23, have been moved to January for all four defendants.

The defense motion is built around the argument that organized crime involvement was improperly and inaccurately introduced into the fraud case and created undue prejudice for the defendants. Lawyers for the Maxwell brothers have also filed separate motions raising issues specific to their clients. John Maxwell, for example, argued again that he was only following the advice of professionals hired by the company and had no direct knowledge of the scam.

Kugler rejected similar arguments that were filed by the defense both before and during the lengthy six-month trial.
You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/10/scarfo-pelullo-maxwell-brothers-seek.html#more

Member and Associate of Lucchese Organized Crime Family Convicted of Racketeering and Other Crimes

While I was in the hospital the U.S. Justice Department released the below information:

A member and an associate of the Lucchese organized crime family and two Texas brothers were convicted today of racketeering and other charges after a six-month trial.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Paul J. Fishman for the District of New Jersey made the announcement.

Nicodemo S. Scarfo, 49, of Galloway, N.J., a member of the Lucchese organized crime family of La Cosa Nostra (LCN) and Salvatore Pelullo, 47, of Philadelphia, an associate of the Lucchese and Philadelphia LCN families, were convicted of all the counts against them, including racketeering conspiracy and related offenses, including securities fraud, wire fraud, mail fraud, bank fraud, extortion, money laundering and obstruction of justice.  Two other defendants, William and John Maxwell, were also convicted. Co-defendants David Adler, Gary McCarthy and Donald Manno were acquitted on all counts.

“Nicodemo Scarfo, Salvatore Pellulo and their cohorts used threats of physical and economic harm to take over a publicly-traded financial firm, then callously and systematically looted the company out of millions of dollars to buy luxury items for themselves,” said Assistant Attorney General Caldwell.   “As a result of today’s guilty verdict, this mafia member and his conspirators now face substantial prison sentences.”

“Today, four people stand convicted  for giving new meaning to ‘corporate takeover’ – looting a publicly traded company to benefit their criminal enterprise,” U.S. Attorney

Fishman said.  “The defendants stole more than $12 million from shareholders through rampant self-dealing, fraudulent SEC filings and intimidation. The public should not have to worry that the interests of shareholders are being subverted to benefit organized crime or for other corrupt ends.”

The jury deliberated two weeks before delivering its verdicts following a six-month trial before U.S. District Judge Robert B. Kugler in Camden federal court.   The defendants were charged in an indictment returned in 2011 by a federal grand jury in Camden.  It named Nicodemo D. Scarfo (Scarfo Sr.) – Nicodemo S. Scarfo’s father and the imprisoned former boss of the Philadelphia LCN family – and Vittorio Amuso, the imprisoned boss of the Lucchese family, as conspirators.

Five other defendants – Cory Leshner, Howard Drossner, John Parisi, Todd Stark, and Scarfo’s wife, Lisa Murray-Scarfo – have previously pleaded guilty to various charges related to their roles in the criminal scheme.

According to documents filed in this case and the evidence at trial:

Scarfo is a made member of the Lucchese family, having become a member after an attempt on his life in 1989 following an internal struggle for control of the Philadelphia family.    In the mid-1990s, while Scarfo Sr. and Amuso were in federal prison in Atlanta, Ga., Amuso arranged for Scarfo to become a member of the Lucchese family as a favor to Scarfo Sr.  As a member of the Lucchese family, Scarfo was required to earn money and participate in the affairs of the Lucchese family.

In April 2007, Scarfo, Pelullo and others devised a scheme to take over FirstPlus Financial Group Inc. (FPFG), a publicly-held company in Texas.  Scarfo and Pelullo used threats of economic harm to intimidate and remove the prior management and board of directors of replaced those officers with individuals beholden to Scarfo and Pelullo, including William Maxwell, an attorney from Houston, Texas, and his brother, John Maxwell, of Irving, Texas, who acted as the company’s CEO.

Once the takeover was completed, the figurehead board named William Maxwell as “special counsel” to FPFG, a position that he used to funnel approximately $12 million to himself, Scarfo and Pelullo through fraudulent legal services and consulting agreements.  The agreements, as well as FPFG’s fraudulent acquisitions of companies controlled by Scarfo and Pelullo, were designed to mask the true identity and nature of the control exerted over FPFG and to conceal the source of the money fraudulently conveyed to Scarfo and Pelullo.

In a telephone call intercepted by law enforcement, Pelullo called Scarfo to tell him about the sudden death of a former FPFG executive.  This former executive had provided information to Pelullo and Maxwell that they used to extort control of FPFG.  At the time of his death, he was employed by FPFG as a member of its “compliance team.” During the conversation, Scarfo and Pelullo expressed relief regarding his death. After laughing about how he was “crushed” that “the rat is dead,” Pelullo acknowledged that the executive was “the only connection, the only tie to anything.”  Scarfo replied: “Oh boy.  Yeah, Sal, you wanna know something though?  That’s one that I know you can’t take credit for . . . [laughter] . . . and that’s the natural best thing.  You know what I mean?  That is so like Enron-ish.  You know what I mean?   Kenneth Lay, he bailed out and took a heart attack."

Scarfo and Pelullo used their illicit gains to fund extravagant purchases, including an $850,000 yacht for both defendants, a luxury home for Scarfo, a Bentley automobile for Pelullo, and thousands of dollars in jewelry for Scarfo’s wife.  As a direct result of the enterprise’s criminal activity, FPFG and its shareholders suffered a loss of at least $12 million.

Sentencing for Scarfo is scheduled for Oct. 22, 2014; for Pelullo, Oct. 21, 2014, and for both Maxwell brothers, Oct. 23, 2014.

This case was investigated by the FBI, Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives.   The case was prosecuted by Trial Attorney Adam L. Small of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Steven D’Aguanno and Howard Wiener of the District of New Jersey’s Organized Crime/Gangs Unit.

 

FirstPlus Financial Racketeering Fraud Trial Heading To Jury

Veteran organized crime reporter George Anastasia is covering the FirstPlus trial for Bigtrial.net.

After nearly six months of testimony and more than a week of detailed and grueling closing arguments, jury deliberations are set to being in the FirstPlus Financial racketeering fraud trial of mobster Nicodemo S. Scarfo and six co-defendants.

Donald Manno, Scarfo's former criminal defense attorney and a co-defendant in the case, is expected to complete his closing arguments this morning. Manno, who is representing himself, will be the final defense attorney to address the anonymously chosen jury panel.

A rebuttal closing argument this afternoon from the prosecution will complete the argument phase of the trial, setting the stage for the start of deliberations either late today or tomorrow.

Manno was detailed and highly effective yesterday afternoon when he spoke to the jury for about an hour. The one-time federal prosecutor, who referred to himself in the third person, told the jury to consider the facts and not the "diversions, distortions and false circumstantial evidence" around which the prosecution has built its case.

"Don Manno was not involved in any conspiracy," he told the jury.
But he made it clear that he couldn't say the same thing for some of his co-defendants. In particular, he singled out Salvatore Pelullo and Scarfo, both of whom, he said, rejected his advice and lied to him. Manno argued that he was kept in the dark about many of the financial dealings involving FirstPlus, a troubled Texas-based mortgage company that authorities allege Pelullo and Scarfo secretly took control of in 2007.

Pelullo, described as the "key figure" in the fraud by Assistant U.S. Attorney Stephen D'Aguanno, used bogus consulting contracts and phony business transactions to siphon $12 million out of the company, the government alleges. Much of the money was used to finance a luxurious lifestyle that included the purchase of a $850,000 yacht, a $207,000 Bentley and a home near Atlantic City for $715,000 for Scarfo and his new wife, Lisa.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/06/firstplus-trial-heading-to-jury.html#more

Mafia Smoke, No Fire in Fraud Case, Pelullo's Lawyer Says

Veteran organized crime reporter George Anastasia is covering the Pelullo and Scarfo federal fraud case for Bigtrial.net.

He wasn't a gangster. He was a turnaround expert.

And if the government had just left him alone, Salvatore Pelullo would have turned FirstPlus Financial, a struggling Texas mortgage company, into a profitable business enterprise.

Do the math!

That was the message, accompanied by nearly 100 slides and a heavy mixture of passion and sarcasm, that Pelullo's lawyer, Michael Farrell delivered to a federal jury today in a highly charged summation that offered a decidedly different view of the testimony and evidence from the one presented by the prosecution during the five-month trial.
You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/06/mafia-smoke-no-fire-in-fraud-case.html#more

A Bentley, A Yacht And Piles Of Cash: A Key Witness At The Federal Racketeering Fraud Trial In New Jersey Describes the Lavish Lifestyle Of Salvatore Pelullo

Veteran organized crime reporter George Anastasia is covering the federal racketeering fraud trial in Camden, New Jersey for Bigtrial.net.

He's been on the witness stand for a week and during that time he's offered the jury a behind-the- scenes look at what authorities allege was the $12 million ripoff of FirstPlus Financial.

He's admitted to falsifying records, padding expense accounts and "moving money around" to make it appear as if it came from or was going to legitimate business deals.

He sailed on the $850,000 yacht that was bought with cash from the scam, he said. He arranged some of the paperwork for the purchase of a $217,000 Bentley Continental GT that also figures in the fraud. He fabricated records to make a $40,000 trip to Europe appear like a business expense. And he set up "sideways accounts" that allowed his boss to funnel money to two mistresses.

Those were just some of the things that he saw and did while working for Salvatore Pelullo before, during and after the takeover of FirstPlus, a troubled Texas-based mortgage company, said Cory Leshner, who described himself as Pelullo's "personal assistant." 

"I thought of Mr. Pelullo as a father figure," Leshner told the jury. "And he thought of me as a son." And that, he said at another point, "made me feel proud...I was willing to do whatever he asked."

Leshner, who has pleaded guilty to a conspiracy charge and faces up to five years in prison, is due  back on the stand when the trial resumes tomorrow.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/03/a-bentley-yacht-and-piles-of-cash-key.html#more

Defendant Jailed For Contempt In Racketeering Fraud Trial

Veteran organized crime reporter George Anastasia is covering the federal racketeering fraud trial of Nicodemo Scarfo and Salvatore Pelullo for Bigtrial.net.

The judge didn't think it was funny.

But apparently some of the defendants did.

As a result, one of them has ended up in jail. John Maxwell, the former CEO of FirstPlus Financial and a defendant in an ongoing racketeering fraud trial, was cited for contempt of court, had his bail revoked and was carted off to the Federal Detention Center in Philadelphia Thursday. He's been a "guest" at the federal facility ever since, joining co-defendants Nicodemo S. Scarfo and Salvatore Pelullo who have been denied bail and have been jailed since their arrests in November 2011.

Maxwell was apparently laughing during the cross-examination of Cory Leshner, a former top business associate of Pelullo's who has emerged as a key prosecution witness in the now two-month old trial. Leshner will be back on the stand when the trial resumes Monday.

Maxwell will be back at the defense table along with Scarfo, Pelullo and four other co-defendants, including Maxwell's brother William, a lawyer who was special counsel to FirstPlus while the alleged $12 million fraud took place. The other four defendants are free on bail. 

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/03/defendant-jailed-for-contempt-in-fraud.html#more

Scarfo Family's Troubled History Now Part Of FirstPlus Trial

Veteran organized crime reporter George Anastasia is covering Philadelphia-South Jersey mob trials for Bigtrail.net.

He was nearly killed in one of the  most infamous gangland shootings in the violent history of the Philadelphia mob.

His older brother has changed his name to get out from under the family stigma.

A younger brother tried to commit suicide for the same reason and has been comatose for 25 years.

That's part of the depressing personal history of Nicodemo S. Scarfo, a story that has made its way into testimony in the now seven-week old racketeering and fraud trial playing out in federal district court in Camden.

Scarfo, 47, is the lead defendant in the case. He and Salvatore Pelullo, a 45-year-old Mafia wannabe, are charged with orchestrating the secret takeover of a Texas mortgage company in 2007 and then ripping it off to the tune of $12 million.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/02/scarfo-familys-troubled-history-now.html

Mob Trial Jurors Hear Of Serenade For A Takeover

Veteran organized crime reporter George Anastasia is covering the federal racketeering trial in New Jersey for Bigtrial.net.

It was mood music for a corporate takeover.

A few hours after a rowdy shareholders meeting formalized what federal authorities allege was Salvatore Pelullo's secret takeover of FirstPlus Financial, Pelullo hosted a celebratory dinner for company officers and members of the board of directors at a posh steakhouse in Dallas.

As he sat at the head of a long table in a private dining room at DelFrisco's on that night in October 2007, a violinist serenaded  Pelullo repeatedly with the same song, said Robert O'Neal, then chairman of the board and president of FirstPlus.

O'Neal, testifying for the prosecution at the racketeering trial of Pelullo, mobster Nicodemo S. Scarfo and five other defendants, said the song was all too familiar and somewhat ominous.

"It was the theme from The Godfather," he said in response to a question from Assistant U.S. Attorney Adam Small.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/02/jurors-hear-of-serenade-for-takeover.html#more

Judge Rules Reporter Can Cover Scarfo Mob Trial

Ralph Cipriano at Bigtial.net offers a piece on fellow veteran reporter George Anastasia being allowed to cover the Scarfo trial.

U.S. District Court Judge Robert B. Kugler ruled today that veteran crime reporter George Anastasia is free to cover the fraud trial of Nicodemo S. Scarfo and Salvatore Pelullo.

After a 50-minute hearing at the federal courthouse in Camden, Judge Kugler decided that Anastasia's right to cover the trial under the First Amendment trumped any issue raised by the defense.

J. Michael Farrell, a lawyer for Pelullo, had listed Anastasia as a potential witness in the fraud case. The lawyer wanted the reporter to testify that prior to the issuing of a search warrant in 2006, Anastasia had never heard Pelullo's name mentioned as a member of organized crime.

The names of potential witnesses are kept on a sequestration list. They're not supposed to show up in the courtroom prior to their appearance on the witness stand. By putting Anastasia on that list earlier this month, the defense, in effect, had barred Anastasia from visiting the courtroom as a reporter. But the judge granted a motion today to take Anastasia's name off that sequestration list.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/01/judge-rules-anastasia-can-cover-scarfo.html#more

Veteran Reporter George Anastasia Wants Off Witness List In Mob Trial

Ralph Cipriano offers a piece at Bigtrial.net on fellow veteran reporter George Anastiasia, who wants to be removed from a defense attorney's witness so he can cover the Pelullo trial.

George Anastasia would prefer to cover Salvatore Pelullo's fraud trial as a reporter, rather than having to testify as a witness in the case.

Pelullo's lawyer, however, has placed the veteran crime reporter on a potential witness list. And because potential witnesses are barred from being in the courtroom, Anastasia has been prevented from reporting on the United States of America v. Salvatore L. Pelullo et al.

Today, however, a lawyer for Anastasia filed a motion for a protective order at the federal courthouse in Camden, seeking to knock the reporter off the witness list. A hearing is scheduled for 4:30 p.m. tomorrow in Courtroom 4D before U.S. District Court Judge Robert B. Kugler.

You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/01/anastasia-wants-to-get-off-witness-list.html#more

Juries Hear Different Versions Of Mob Racketeering Conspiracy

Veteran organized crime reporter George Anastasia is covering organized crime trials for Bigtrial.net.

There's racketeering conspiracy and then there's RACKETEERING CONSPIRACY!

Federal juries on opposite sides of the Delaware River began dealing with the differences today as the jury in the retrial of mob boss Joseph "Uncle Joe" Ligambi started deliberations in his eight-week old trial and the jury in the fraud case against mobster Nicodemo S. Scarfo, the son of jailed mob boss Nicodemo "Little Nicky" Scarfo, heard opening arguments in his case.

The Ligambi jury got the case in federal court in Philadelphia shortly before 11 a.m. and deliberated for the rest of the day without a verdict. The panel is due back tomorrow. The case, against Ligambi and his co-defendant and nephew George Borgesi, is built around allegations that the two mobsters ran an organized crime enterprise that generated tens of thousands of dollars through illegal gambling, loansharking and extortion.

Scarfo, Elkins Park businessman Salvatore Pelullo and five others went on trial at the same time in federal court in Camden. The government alleges that Scarfo and Pelullo orchestrated the systematic looting of a Texas-based mortgage company, FirstPlus Financial, by secretly taking  control of the board of directors in June 2007. Over the next 10 months, authorities allege, Scarfo and Pelullo lined their pockets with cash for the company. The take? A staggering $12 million.

The difference underscores what lawyers in the Ligambi case have argued continuously -- that the government has taken a penny ante gambling case and turned into into a mob conspiracy.
You can read the rest of the piece via the below link:

http://www.bigtrial.net/2014/01/juries-heard-two-different-versionis-of.html

Mob-Related Case Heads To Trial In Camden, NJ

Julia Terruso at the Philadelphia Inquirer offers a piece on the upcoming mob trial in Camden, New Jersey.

Five years after the FBI raided the offices and homes of lawyers and reputed mobsters, looking for evidence of a massive business-looting operation that a federal prosecutor said gave new meaning to the term "corporate takeover," the case is headed to trial.

Nicodemo Scarfo, son of infamous jailed Philadelphia mob boss "Little Nicky" Scarfo, is charged along with alleged mob associate Salvatore Pelullo in a 25-count, 107-page indictment peppered with lines from wiretapped conversations that sound like they were ripped from a mob movie script.

On Monday, potential jurors will arrive at the federal courthouse in Camden to fill out questionnaires - the first step of jury selection, expected to take two to three weeks. The trial will likely last six months.

Scarfo, 47, has been on the scene for years, known as "Mr. MacIntosh" and "Mr. Apple" for his tech-savvy cons. In May 2010, he was sentenced to 33 months in prison for running an illegal sports-betting operation.

         

Pelullo, 45, is an Elkins Park businessman with alleged ties to Scarfo's crime family. Prosecutors say Scarfo and Pelullo targeted the Texas financial-services company FirstPlus Financial for takeover, dismantled its board of directors, and replaced it with pawns who ran a racketeering scheme that defrauded shareholders of more than $12 million from June 2007 to May 2008.

You can read the rest of the piece via the below link:

http://www.philly.com/philly/news/20131028_Mob-related_case_heads_to_trial_in_Camden.html

Pennsylania Man Admits Conspiring With Alleged Members Of Organized Crime Family And Others In Fraud Scheme

The U.S. Justice Department released the below information:

A Pennsylvania man today admitted he conspired to defraud FIRSTPLUS Financial Group Inc. (FPFG), a Texas-based financial services company allegedly targeted for extortionate takeover and looting by a group led by alleged Lucchese organized crime family member Nicodemo S. Scarfo.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Paul J. Fishman of the District of New Jersey made the announcement.

Cory Leshner, 30, pleaded guilty before U.S. District Judge Robert B. Kugler in a federal court in Camden, N.J., to a superseding information charging him with conspiracy to commit wire fraud. He faces a maximum of five years in prison when he is sentenced on Jan. 17, 2014.

According to documents filed in this case and statements made in court, Leshner and 12 others – including Scarfo, an alleged member of the Lucchese La Cosa Nostra (LCN) crime family, and Salvatore Pelullo, an alleged associate of the Lucchese and Philadelphia LCN families – were variously charged in a November 2011 indictment with a racketeering conspiracy that included acts of securities fraud, wire fraud, mail fraud, bank fraud, extortion, interstate travel in aid of racketeering, money laundering and obstruction of justice.  The indictment charged that FPFG was targeted for extortionate takeover and looting by a group of the conspirators.  A substantial part of the enterprise’s activities occurred in New Jersey, including communications and the transfer of money into and out of the state.  Cory Leshner admitted that he joined the conspiracy in April 2007.

Leshner admitted that he assisted Scarfo and Pelullo in managing family trusts and limited liability companies as part of the scheme to defraud FPFG.  Pelullo directed Leshner in the use of various bank accounts through which Pelullo received hundreds of thousands of dollars between July 2007 and April 2008 as part of the scheme.  The money involved proceeds of the fraud that Pelullo allegedly received as part of a fraudulent “consulting” agreement between his shell company, Seven Hills Management, and codefendant William Maxwell, a Texas attorney who served as “special counsel” to FPFG as part of the scheme.  The money also involved proceeds received from the fraudulent sale of Scarfo and Pelullo’s worthless companies to FPFG in 2007.  The receipt of the fraudulent proceeds often occurred in the form of wire transfers from accounts in Pennsylvania to accounts in New Jersey.

According to his court statements, Leshner was a law student during the scheme.  Leshner graduated from law school in 2009 and became an attorney in Pennsylvania in 2011.  As part of his plea agreement, Leshner agreed to notify the Pennsylvania Supreme Court of his guilty plea and to accept any disciplinary action brought by disciplinary officials as a result of the guilty plea and sentence.  Leshner also agreed to not seek the reinstatement of his license to practice law while serving any sentence of imprisonment imposed in the case.

Scarfo, Pelullo, and five other defendants charged in November 2011 – including attorneys William Maxwell, David Adler, Gary McCarthy, and Donald Manno, as well as John Maxwell – are scheduled for trial beginning Oct. 28, 2013.  Todd Stark, also charged in the indictment, previously pleaded guilty to providing ammunition to Scarfo and Pelullo, convicted felons.

This case was investigated by the FBI; the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the U.S. Securities and Exchange Commission. The case is being prosecuted by Trial Attorney Adam Small of the Organized Crime and Gang Section of the Justice Department’s Criminal Division and Assistant U.S. Attorneys Steven D’Aguanno and Howard Wiener of the New Jersey U.S. Attorney’s Office Organized Crime/Gangs Unit and Criminal Division in Camden.

With respect to the defendants awaiting trial, the charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Mob Figure Awaiting Trial Unloads In Blog Posts

 

George Anastasia, the Philadelphia Inquirer's veteran organized crime reporter, offers an interesting piece on an accused organized crime assoicate who is blogging while in jail.

In courtroom appearances over the last 10 months, reputed mob associate Salvatore Pelullo has blasted the FBI for investigating him, criticized the U.S. Attorney's Office for prosecuting him, and claimed that the federal judge who will preside at his trial is biased.

Now Pelullo, an Elkins Park businessman and alleged mastermind of the multimillion-dollar looting of FirstPlus Financial, a Texas mortgage company, has moved his complaining to the Internet.
Meet Salvatore L. Pelullo, inmate blogger.

Pelullo, who is being held without bail in the Federal Detention Center in Philadelphia, is the driving force behind the eponymous salvatorepelullo.blogspot.com.

You can read the rest of the piece via the below link:

http://www.philly.com/philly/news/20121010_Mob_figure_awaiting_trial_unloads_in_blog_posts.html?viewAll=y

The Demise Of Organized Crime Has Been Greatly Exaggerated: 13 New York, New Jersey And Philadelphia Organized Crime Members And Associates Arrested For Racketeering And Other Offenses

The U.S. Justice Department released the below today:

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WASHINGTON – Thirteen individuals, including an alleged member and an associate of the Lucchese organized crime family, are charged with racketeering and related offenses in an indictment unsealed this morning in conjunction with arrests in the case, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Paul J. Fishman of the District of New Jersey.

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The charges stem from the alleged extortionate takeover of FirstPlus Financial Group Inc. (FPFG), a publicly held company in Texas, and the subsequent looting of FPFG by members of the racketeering enterprise through a series of fraudulent consulting agreements and acquisitions involving companies controlled by Nicodemo S. Scarfo (seen in the above photo) and Salvatore Pelullo.

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The 25-count indictment filed in Camden, N.J., federal court charges Scarfo, a member of the Lucchese organized crime family of La Cosa Nostra (LCN), and Pelullo, an associate of the Lucchese and Philadelphia LCN families, with racketeering conspiracy and conduct including securities fraud, wire fraud, mail fraud, bank fraud, extortion, interstate travel in aid of racketeering, money laundering and obstruction of justice. The indictment also names Nicodemo D. Scarfo (Scarfo Sr.), the imprisoned former boss of the Philadelphia family of LCN, and Vittorio Amuso, the imprisoned boss of the Lucchese family, as unindicted co-conspirators.

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Nine other defendants – including attorneys William Maxwell, Cory Leshner, David Adler, Gary McCarthy and Donald Manno, and certified public accountant Howard Drossner – are also variously charged with racketeering conspiracy, including securities fraud conspiracy, wire fraud, and other offenses. The indictment also charges Scarfo’s wife, Lisa Murray-Scarfo, with conspiracy to commit bank fraud and making false statements on a loan application for her role in securing a fraudulent mortgage to purchase a $715,000 house with proceeds from the racketeering enterprise’s criminal activity. William Maxwell’s brother John Maxwell, William Handley and John Parisi are charged with various offenses related to the conspiracy. Todd Stark is charged with conspiracy to provide ammunition for a 9mm handgun to Scarfo.

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A number of the defendants were arrested this morning in a coordinated law enforcement effort by special agents of the FBI; Department of Labor, Office of Inspector General; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Scarfo, Handley, Leshner, Parisi, Adler, Drossner and Manno were arrested at their residences; Pelullo was arrested in Miami; and William Maxwell was arrested at his Houston office. McCarthy surrendered to the FBI this morning in Philadelphia. Murray-Scarfo is expected to surrender to authorities in Camden. Stark and John Maxwell have yet to be apprehended. The defendants in custody in the New Jersey area will appear this afternoon before U.S. Magistrate Judge Anne Marie Donio in Camden federal court.

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“The indictment alleges that Mr. Scarfo and Mr. Pelullo used economic extortion and threats of violence to seize and maintain control of a publicly traded company, successfully removing its entire existing board of directors and management,” said Assistant Attorney General Breuer. “Once in control, they allegedly used their criminal enterprise to extract millions of dollars from the company to fund their lavish lifestyles. This prosecution demonstrates the Justice Department’s resolve to root out the influence of La Cosa Nostra wherever it exists.”

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“According to the indictment, the defendants gave new meaning to ‘corporate takeover’ by looting a publicly traded company to benefit their criminal enterprise,” said U.S. Attorney Fishman. “Through rampant self dealing, fraudulent SEC filings and more traditional mob methods, the defendants allegedly stole $12 million from shareholders. Particularly in these economic times, investors should be free to invest in public companies without fear that violent criminal organizations are their puppetmasters. And the public deserves to rely with confidence on corporate officials and professionals whose positions require them to act in the best interest of shareholders, not members of organized crime.”

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“The demise of Organized Crime has been greatly exaggerated,” said Michael B. Ward, Special Agent in Charge of the FBI’s Newark Field Office. “Criminal activities have evolved from the back alleys to the board rooms, but the same use of physical threats and intimidation to gain leverage and loot lucrative businesses for personal gain continues to this day. In response, the charges being brought against Nicky Scarfo Jr., Sal Pelullo and others represent law enforcement’s commitment to aggressively target the illegal activity of Organized Crime in any commercial business or venue.”

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According to court documents, Scarfo is a made member of the Lucchese family and became a member after an attempt on his life in 1989 following an internal struggle for control of the Philadelphia family. In the mid-1990s while Scarfo Sr. and Amuso were in federal prison in Atlanta, Amuso arranged for Scarfo to become a member of the Lucchese family as a favor to Scarfo Sr. As a member of the Lucchese family, Scarfo was required to earn money and participate in the affairs of the Lucchese family.

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According to the indictment, following his release from prison in 2005 on an unrelated charge, Scarfo was placed on supervised release and required to report to a probation officer. According to court documents, by participating in the affairs of what is described in the indictment as the Scarfo-Pelullo Enterprise, Scarfo and other members of the enterprise allegedly engaged in a systematic scheme to deceive and obstruct the probation department and the district court responsible for overseeing Scarfo’s supervised release.

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The indictment alleges that in April 2007, Scarfo, Pelullo, Texas attorney William Maxwell and others devised a scheme to take over FPFG, a financial services company in Texas. According to court documents, through threats of physical and economic harm, the Scarfo-Pelullo Enterprise assumed and maintained control of FPFG for the purpose of plundering its assets. The takeover was accomplished by replacing FPFG’s board of directors with new figurehead members who served at the direction of Scarfo, Pelullo and other members of the enterprise. Once the takeover was completed, the figurehead board named William Maxwell as “special counsel” to FPFG, a position that he allegedly used to funnel millions of dollars to himself, Scarfo and Pelullo through fraudulent legal services and consulting agreements. The agreements, as well as FPFG’s fraudulent acquisitions of companies controlled by Scarfo and Pelullo, were allegedly designed to mask the true identity and nature of the control exerted over FPFG and to conceal the source of the money fraudulently conveyed to Scarfo and Pelullo.

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According to the indictment, the enterprise succeeded in its criminal objectives with the knowing assistance of Adler, Drossner and McCarthy – who used their positions as professionals to ensure that the enterprise’s criminal activity was not revealed to law enforcement and regulatory authorities, including the U.S. Securities and Exchange Commission (SEC). As a public company, FPFG was required to submit periodic and annual filings to the SEC. The indictment alleges that the enterprise, led by Scarfo and Pelullo, repeatedly submitted false information, or omitted material information, in required SEC filings. As a result, FPFG’s shareholders and the investing public had no idea that FPFG was being controlled by members and associates of organized crime. Manno, an attorney for Scarfo, allegedly abused his position as an attorney to further insulate Scarfo and the enterprise by deceiving Scarfo’s probation officer and the district court. The indictment alleges that Manno’s deception corruptly influenced Scarfo’s supervised release by withholding information from the probation office and the district court regarding Scarfo’s source of income and his contact with convicted felons.

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The indictment details a telephone call intercepted by law enforcement on Dec. 5, 2007, that illustrates the corrupt nature of Scarfo and Pelullo’s control of FPFG. According to the indictment, Pelullo called Scarfo to tell him about the sudden death of a former FPFG executive described in the indictment as “Individual #4,” who had provided information to Pelullo and William Maxwell that they used to extort control of FPFG. At the time of his death, Individual #4 was employed by FPFG as a member of its “compliance team.” During the conversation, Scarfo and Pelullo expressed relief regarding Individual #4’s death. After laughing about how he was “crushed” that “the rat is dead,” Pelullo acknowledged that Individual #4 was “the only connection, the only tie to anything.” As the news sunk in to Scarfo, he stated, “Oh boy. Yeah, Sal, you wanna know something though? . . . That’s one that I know you can’t take credit for . . . [laughter] . . . and that’s the natural best thing. You know what I mean? . . . That is so like Enron-ish. You know what I mean?”

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The indictment alleges that the enterprise’s criminal activity allowed Scarfo and Pelullo to live lavish lifestyles which included the purchase of an $850,000 yacht, a luxury home for Scarfo, a Bentley automobile for Pelullo, and thousands of dollars in jewelry for Scarfo’s wife, Murray-Scarfo. As a direct result of the enterprise’s criminal activity, FPFG and its shareholders suffered a loss of at least $12 million.

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The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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The case is being prosecuted by Trial Attorney Lisa C. Page of the Organized Crime and Gang Section in the Justice Department’s Criminal Division and Assistant U.S. Attorney Steven D’Aguanno of the New Jersey U.S. Attorney’s Office Organized Crime/Gangs Unit in Camden. The case was investigated by the FBI’s Newark Field Office; the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, New York Region; and the ATF, Newark. The FBI Philadelphia Field Office and the SEC provided assistance.