FBI Has Mole within Chicago Mob

Friends of ours: Michael "Mickey" Marcello, James "Little Jimmy" Marcello

For 20 years, the FBI has had an informant in the Chicago Outfit who apparently is a "made" member and has taken part in major crimes, according to a court filing in a federal prosecution of top mobsters.

The information is in a court motion by lawyers for Michael "Mickey" Marcello, the half-brother of Chicago's reputed mob boss, James "Little Jimmy" Marcello. Attorneys Catharine O'Daniel and Arthur Nasser want the 2005 indictment against Michael Marcello dismissed because of the FBI's continued reliance on the informant.

The major federal prosecution involving 18 mob-related killings allegedly involving top organized crime figures is scheduled for trial in May.

In their motion, the defense attorneys blast the government for allegedly "cavorting with and protecting a 'made mob member' who still must be active in the commission of 'mob' criminal activities."

"No court should sanction the government's use of ... a past and current made member of the 'Chicago Outfit' as a confidential informant in this case," the motion argues.

A spokesman for the U.S. attorney's office in Chicago had no comment on the defense filing.

The defense attorneys do not try to guess the identity of the informant. He's referred to in court papers as CI-1 and is part of a sworn statement by an FBI agent in 2002 that asks for court permission to tape the conversations of James Marcello when he receives guests in the visiting room at the federal prison in Milan, Mich.

The defense motion appears to make some assumptions based on the FBI agent's affidavit. It assumes the informant is a so-called "made" member based on his associations with top mobsters and his criminal activity with them. And it assumes that the FBI is still using the person, even though the affidavit is four years old.

Nasser, Michael Marcello's attorney, declined to comment on the filing.

Michael Marcello also wants barred from use at trial any tape and video recordings made when he was talking to his brother in the prison visiting room.

The Chicago Sun-Times first reported on the contents of some of those conversations in February 2005. The brothers talked about the benefits of a proposal to legalize video gambling in Illinois as well as the progress of the federal case against Michael Marcello, who at the time was out of jail.

James Marcello's questions about the investigation were nothing more than "brotherly concern," according to Michael Marcello's motion.

Thanks to Steve Warmbir