Alleged Ex-Mob Boss Pleads Guilty to False Statements, Obstruction of Justice

An alleged ex-member of the New England mob has recently pleaded guilty to federal charges in a plea deal that could allow for his release from federal prison after nine months.^[1]

Francis Salemme, also known as Cadillac Frank, is thought to be the man who led the New England mob during the early 1990s.^[2] Salemme has admitted to lying to authorities during the negotiation of a 1999 plea deal. This occurred during an investigation of the FBI's corrupt relationship with gangsters James "Whitey" Bulger and Stephen "The Rifleman" Flemmi, both of whom were FBI informants.^[3]

Salemme stated that he misled investigators during those negotiations when asked about the 1993 killing of Boston nightclub owner Steven DiSarro.^[4] Salemme had told investigators that he believed Nicholas Bianco, another former Mafia leader, may have been involved in the murder.^[5]

Salemme has pleaded guilty to charges of obstruction of justice and making false statements, admitting that he lied about Bianco's involvement, but denying that he played any part in DiSarro's death.^[6]

In a 2004 indictment, Salemme was accused of watching his son, Francis Salemme Jr., strangle DiSarro. He was also alleged to have aided in the disposal of DiSarro’s body. The body of DiSarro remains missing and no one has been charged with his death.^[7]

Salemme remained in prison for over three years awaiting trial. Under the plea deal, it has been agreed that he should serve five years. Given credit for the time he's already served and earned good time, Salemme is expected to be released in January.^[8]

As a result of the 1999 negotiations, Salemme pleaded guilty to reduced charges in exchange for his testimony. A judge then reduced his racketeering sentence from 11 years to eight years.^[9]

Salemme's testimony led to the conviction of former FBI agent John J. Connolly Jr. on racketeering charges in 2002. Salemme testified that Connolly had tipped off him, Bulger and Flemmi prior to their indictement on racketeering charges in 1995.^[10]

False statements are covered by 18 U.S.C. § 1001(a), which makes it a crime for a person to “knowingly and willfully”:

• falsify, conceal, or cover up by any trick, scheme, or device a material fact;
• make any materially false, fictitious, or fraudulent statement or representation; or
• make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry

”in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States.”^[11] The punishment for violating section 1001 is a fine, imprisonment for up to 5 years, or both.^[12]

Obstruction of justice is crime under 18 U.S.C. § 1503(a). That statute makes it is a crime for a person to corruptly influence, obstruct, or impede the due administration of justice.^[13] The punishment for a violation of section 1503(a) is a fine, imprisonment for up to 10 years, or both.^[14]

Federal criminal defense attorney, Douglas McNabb has written extensively on the federal crimes of false statements and obstruction of justice. Some of his work in these areas can be read in his blog here.

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[1] Denise Lavoie, Ex-Mob Boss Pleads Guilty in New Deal, The Associated Press, April 14, 2008 (available at www.ap.org).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] 18 U.S.C. § 1001.
[12] Id.
[13] 18 U.S.C. § 1503(a).
[14] Id.