Racketeering—Organized Crime Indictment

Thirty-two people, including members of the Genovese crime family, have been indicted on racketeering charges in the Southern District of New York today.^[1] The investigation relied on the cooperation of a lawyer, Peter J. Peluso, who “pleaded guilty last summer, admitting his role in [a] murder [ordered from prison] and agreeing to cooperate against his client, Liborio S. Bellomo, the acting Genovese boss who ordered the hit.”^[2] Mr. Bellomo is charged with authorizing the 1998 murder of Ralph Coppola, “a former Genovese soldier and acting capo.”^[3]

The 42-count indictment “says the defendants engaged in crimes for more than a decade” and the crimes of which the individuals are accused of committing include “murder, violent extortion of businesses, labor racketeering, obstruction of justice, narcotics trafficking, money laundering, and firearms trafficking.”^[4]

In September, three members of the Genovese crime family were indicted on money laundering allegations in connection to a Nassau County judge.

Mr. Peluso’s cooperation is certain to be frowned upon by the Genovese crime family, and he is likely going to want to enter a witness security program, also known as WITSEC, which is run by the US Marshals. There are only a handful of situations in which a witness is eligible for protection. First, they must be an essential witness.^[5] Second, the offense must relate to racketeering, drug trafficking, or any other serious Federal felony “for which a witness may provide testimony that may subject the witness to retaliation by violence or threats of violence.”^[6] However, “[b]ecause of security concerns regarding the witness and his/her family, a witness’s pending or actual participation in the Program is not to be publicly disclosed” without prior authorization.”^[7]

All requests for witness protection must include the following information: identification of the witness; significance of the case; expected testimony of the witness; trial dates; other witnesses; threat; members of witness’s household; medical problems; parole/probation considerations; threat posed by the witness or his family; alternatives; and child custody considerations.^[8]

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[1] 32 Charged, Including Genovese Boss, Associated Press (via WABC-TV), Feb. 23, 2006.
[2] Id.
[3] Id.
[4] New York Mob Indictment Charges 32, Including Several Connected to Genovese Family, Associated Press (via San Diego Union-Tribune), Feb. 23, 2006.
[5] See US Attorney’s Manual, Eligibility for the Witness Security Program § 9-21.100, October 1997.
[6] Id.
[7] Id. § 9-21.400
[8] US DOJ, Criminal Resource Manual § 701, Oct. 1997.