Nicodemo S. Scarfo, Member of Lucchese Organized Crime Family, Sentenced to 360 Months in Prison for Racketeering and Other Crimes

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

A member of the Lucchese organized crime family of La Cosa Nostra (LCN) was sentenced today to serve 360 months in prison for participating in a racketeering conspiracy and related offenses.  Three other members of the conspiracy are scheduled to be sentenced later this week.

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

“Nicodemo Scarfo and his associates tried to take La Cosa Nostra corporate, using traditional, strong-arm mob tactics to take over a publicly traded company and loot it like a personal piggy bank,” said Assistant Attorney General Caldwell.  “The Justice Department will fight organized crime wherever it may surface – from back alleys to public board rooms – to ensure that crime does not pay.”

“Scarfo and his crew gave new meaning to the term ‘corporate takeover,’ pushing out the legitimate leadership of a publicly traded company and then looting it,” said U.S. Attorney Fishman.  “They used false SEC filings, phony consulting agreements and more traditional mob methods to steal $12 million from the company’s shareholders.  That’s a risk that investors should never have to take.”

Nicodemo S. Scarfo, 50, of Galloway, New Jersey; Salvatore Pelullo, 48, of Philadelphia, an associate of the Philadelphia and Lucchese LCN families; William Maxwell, 56, of Houston, a Texas attorney; and John Maxwell, 63, of Dallas, were convicted in July 2014, after a six-month trial, of racketeering conspiracy and related offenses, including securities fraud, wire fraud, mail fraud, bank fraud, extortion, money laundering and obstruction of justice. 

In addition to sentencing Scarfo to prison, U.S. District Judge Robert B. Kugler ordered Scarfo to forfeit his interest in certain properties and to pay restitution in the amount of approximately $14 million.  Pelullo, William Maxwell and John Maxwell are scheduled to be sentenced later this week. 

According to evidence presented at trial, since 1989, Scarfo has been a member of the Lucchese family.  As a member, he was required to earn money and participate in the affairs of the Lucchese family.

The trial evidence showed that, in April 2007, Scarfo, Pelullo and others conspired to take control of FirstPlus Financial Group Inc. (FPFG), a publicly-held company in Texas, by using threats of economic harm to intimidate and remove FPFG’s management and board of directors, and to replace them with persons beholden to Scarfo and Pelullo, including William Maxwell and his brother, John Maxwell.  The evidence introduced at trial further demonstrated that, once the takeover had occurred, FPFG’s new board of directors named William Maxwell as “special counsel” to FPFG and John Maxwell as the company’s CEO, positions that they used to funnel approximately $12 million to themselves, Scarfo and Pelullo through fraudulent legal services and consulting agreements.  According to evidence presented at trial, Scarfo and Pelullo used their illicit gains to fund extravagant purchases, including an $850,000 yacht, a luxury home, a Bentley automobile and thousands of dollars in jewelry. 

The indictment also named as co-conspirators Nicodemo D. Scarfo, or Scarfo Sr., the imprisoned former boss of the Philadelphia LCN family, and Vittorio Amuso, the imprisoned boss of the Lucchese LCN family.  Five other defendants – Cory Leshner, Howard Drossner, John Parisi, Todd Stark and Scarfo’s wife, Lisa Murray-Scarfo – previously pleaded guilty to various charges related to their roles in the conspiracy. 

The case was investigated by the FBI’s Newark, New Jersey, Division, with assistance from 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.  The case is being 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. 

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

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

Layers Of An Onion Define Multi-Million Dollar FirstPlus Fraud

Veteran organized crime reporter George Anastasia is covering the organized crime business takeover fraud case in New Jersey for Bigtrial.net.

A federal prosecutor used mobster Nicodemo S. Scarfo's own words today to describe the alleged  takeover and looting of a Texas-based mortgage company that is at the heart of what authorities charge was a $12 million scam orchestrated by Scarfo and his business partner Salvatore Pelullo.

"Layers upon layers, like an onion," Scarfo, 48, said in a secretly recorded telephone conversation with Pelullo, 46, that was picked up on an FBI wiretap back in 2007 as authorities contend the takeover of FirstPlus Financial was unfolding.

For nearly three hours today, Assistant U.S. Attorney Stephen D'Aguanno, the lead prosecutor, detailed the allegations in the racketeering conspiracy case against Scarfo, Pelullo and five co-defendants. D'Aguanno said underneath those layers of the onion -- false SEC filings, phony stockholder reports, bogus consulting contracts and fraudulent business purchases and expenses -- was the financial scam that poured millions into the pockets of the two lead defendants.

"They're joined at the hip, from their criminal activities to their alleged business activities," D'Aguanno said of Scarfo and Pelullo, who frequently referred to each other as cousins even though there was no blood relationship.

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

http://www.bigtrial.net/2014/06/layers-of-onion-define-multi-million.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.