The Chicago Syndicate: Family Secrets
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Showing posts with label Family Secrets. Show all posts
Showing posts with label Family Secrets. Show all posts

Monday, January 26, 2009

Mobster, Paul "The Indian" Schiro, Given the Maximum Time in Prison

The first defendant to be sentenced in the Family Secrets mob conspiracy case was given 20 years in prison by a federal judge today, the maximum amount of time he could receive for his role in the conspiracy.

Paul "the Indian" Schiro had appeared emotionless during the landmark 2007 trial, but addressed U.S. District Judge James Zagel briefly today as he was about to learn his punishment.

Schiro accused Assistant U.S. Atty. Markus Funk of "misquoting things," and said he had no idea why the jury had found him guilty. "I went to trial with co-defendants I never met in my life," Schiro said.

Zagel said there was plenty of evidence linking Schiro to the conspiracy, and to the 1986 murder of Emil Vaci. The jury had been unable to reach a verdict blaming Schiro for that killing, but Zagel said Schiro had been involved.

He likened Schiro to a sleeper agent who was an Outfit associate allowed to carry out his own burglary activity. But Schiro never hesitated when asked to help kill Vaci, who was shot to death in Arizona after he began being interviewed by a grand jury.

"There was no evidence of his hesitation," Zagel said. "He was available."

Four others were convicted in the case, and their sentencings are set to begin within days, beginning Wednesday with Frank Calabrese Sr. The defendants were accused in a decades-long conspiracy that included 18 gangland killings.

Thanks to Jeff Coen

Sunday, January 25, 2009

Operation Family Secrets Mob Trial Sentencing to Continue This Week

Federal agents tried for more than three decades to penetrate the deepest secrets of Chicago's organized crime family -- the names of those responsible for 18 ruthless murders aimed at silencing witnesses and meting out mob vengeance. They even called the investigation Operation Family Secrets.

Their patience was rewarded six years ago when a mob hit man began to spill the family secrets as part of a deal to keep himself out of the execution chamber. And starting this week, three aging dons of the Chicago underworld convicted in September 2007 as a result of that testimony are due to receive long sentences -- quite likely life.

Two alleged henchmen also convicted after the 10-week Family Secrets trial are expected to get long sentences as well.

"These were the main guys who ran the crime syndicate -- they were ruthless, they were absolutely ruthless," says retired police detective Al Egan, also a former longtime member of an FBI-led organized crime task force.

Wisecracking mob boss Joseph "Joey the Clown" Lombardo, 80; convicted loan shark and hit man Frank Calabrese Sr., 71; and James Marcello, 66, all face a maximum of punishment of life in prison.

Former Chicago police officer Anthony Doyle, 64, and convicted jewel thief Paul Schiro, 71, weren't convicted of any murders but the jury found them guilty of participating in what prosecutors say was a long-running conspiracy that included killings, gambling, loan-sharking and squeezing businesses for "street tax."

The case is a major success for the FBI in its war on the mob.

"It led to the removal or displacement of some of the most capable guys in organized crime," says author John Binder whose book, "The Chicago Outfit," tells the story of organized crime in the nation's third largest city. And it sends a strong message to members of organized crime: Do you really want to be the guy at the top? Because we're going to get you in the future."

Lombardo is the most colorful defendant. He was sent to federal prison in the 1980s for conspiring with International Brotherhood of Teamsters President Roy Lee Williams and union pension fund manager Allen Dorfman to bribe Sen. Howard Cannon, D-Nev., to help defeat a trucking deregulation bill. Cannon was never charged with any wrongdoing and the bill became law with his support.

When Lombardo got out, he resumed life as the boss of the mob's Grand Avenue street crew, prosecutors say. He denies it but his attorney, Rick Halprin, told the trial he ran "the oldest and most reliable floating craps game on Grand Avenue."

When the Family Secrets indictment was unsealed, Lombardo went on the lam for nine months. And when he was brought before Zagel, the irrepressible clown quickly lived up to his nickname. The judge asked him why he had not seen a doctor lately.

"I was supposed to see him nine months ago," Lombardo rasped, "but I was -- what do they call it? -- I was unavailable."

"A little joke now and then never hurts," he told the trial. But the jury found him responsible for gunning down a federal witness.

The jury also found Calabrese responsible for seven murders.

His own brother, Nicholas Calabrese, 66, testified that Frank liked to strangle victims with a rope and slash their throats to make sure they were dead.

Nicholas Calabrese became the government's star witness after he dropped a bloody glove near the scene of a mob murder. He agreed to talk out of fear that agents would match his DNA to that on the glove and he would be sentenced to death.

Among other things, he said his brother Frank liked to give names to their mob hits.

One was known as "Strangers in the Night," he testified. That was because the Frank Sinatra song was playing on the jukebox while two men were strangled in 1978 in a suburban Cicero restaurant.

Marcello was at one time the mob's big boss, according to federal investigators.

The jury held him among those responsible for the murder of Anthony "Tony the Ant" Spilotro, at one time the Chicago mob's man in Las Vegas and the inspiration for the Joe Pesci character in the movie "Casino."

Spilotro and his brother Michael were found buried in a shallow grave in an Indiana cornfield.

Doyle is the only one of those convicted at the trial who is not accused of direct involvement in the murders.

Schiro was sentenced to prison for 5 1/2 years in 2002 for being part of a gang of jewel thieves run by the former chief of detectives of the Chicago police department, William Hanhardt. Prosecutors claimed he was to blame for a mob hit in Phoenix. But the jury deadlocked on the case.

Nicholas Calabrese is to be sentenced Feb. 23.

Thanks to CBS2

Sunday, January 18, 2009

Is Mob Killer Confined Like Hannibal Lecter?

He may not have been a cannibal like movie madman Hannibal Lecter, but a lawyer for prolific mob killer Frank Calabrese Sr. says the Chicago Outfit boss is confined in jail just like the fictional psychopath in "Silence of the Lambs."

Calabrese attorney Joe "The Shark" Lopez filed a pre-sentencing motion in federal court alleging that "the Defendant (Calabrese, Sr.) is shackled like Hannibal Lecter in the movie 'Silence of the Lambs'. As a result, the Defendant cannot shake his attorney's hand which is a civilized way to greet another person. The Defendant also cannot read a document on his own since his hands are shackled."

Hollywood's Hannibal Lector, a serial killer who would then devour his victims, was entombed in a subterranean prison from homicidally insane. Famously portrayed in 1991 by actor Anthony Hopkins, Lector was restrained in a straight-jacket and a muzzle, intended to prevent him from sinking his teeth into anyone else.

Lopez tells the I-Team that the only restraint not yet used on Calabrese is the protective face-mask. "I am sure it is coming," stated Lopez "and I think he will never leave (solitary confinement.) This is unheard of for a U.S. citizen. It's reserved for terrorists."

Calabrese, known in Outfit circles as "the Breeze," is scheduled to be sentenced on Jan. 28. The motion, which will be heard in court next Thursday, is aimed at gaining permission for Calabrese to meet with a private investigator hired by Mr. Lopez.

As the I-Team reported in December, Calabrese has been held in solitary confinement after authorities say they determined he was a violent security threat.

"The Defendant does not know which information the Attorney General was provided; but, it is his position that it is false" Calabrese contends in the court motion. "Accordingly, he is ready to submit to a lie detector test along with the persons who may have made false statements to representatives of the United States."

Lopez maintains that it is impossible for Calabrese to prepare for his defense while being held like Hannibal Lecter. "The Defendant's calls are restricted; and, as of today's date, he has not seen his children. He has seen his wife with whom he was allowed a visit through a glass window and shackled" states the motion.

Among the children Calabrese has not seen, is his Frank Jr. who testified against him during the Operation Family Secrets mob murder trial in 2007. Calabrese believes that government prosecutors do not want him investigating what may have motivated his son to become a witness."Namely, the real reason he began to cooperate and the fact he recruited individual "A" to put the spin of the lousy father before the public eye rather than the real reason of avarice and greed," according to the filing.

A spokesman for United States Attorney Patrick Fitzgerald on Friday declined to comment on the Hannibal Lecter motion.

Thanks to Chuck Goudie

Restitution Filing Doubles Value Requested for Mob Murder Victims

In a separate court filing, the lives of 14 mob murder victims have gone up in value.

Federal prosecutors originally filed court motions last fall citing the earnings potential of victims and the monetary loss to their relatives. At that time, restitution to be paid by top Chicago mobsters convicted in Operation Family Secrets was put at $3.9 million.

Updated figures filed in federal court on Friday put the restitution at $7,450,686.00. Prosecutors say the increased value is based on new information provided to experts who figured the restitution. Government lawyers are asking the court to force lead mob defendants to split that figure five ways and be made to pay survivors of those who were rubbed out by assassins.

The convicted hoodlums who are being asked to pay up are: Frank Calabrese Sr., James "Jimmy the Man" Marcello, Joseph "Joey the Clown" Lombardo, Paul "The Indian" Schiro and Anthony "Twan" Doyle.

All of the men are due to be sentenced by the end of February, at which time Judge James Zagel is expected to impose restitution and also $20 million in fines that the government has requested.

Thanks to Chuck Goudie

Wednesday, January 07, 2009

Family Secrets Mob Trial Sentencing Dates Set

A federal judge has set sentencing dates for five men convicted in September 2007 at Chicago's Operation Family Secrets mob trial.

They were convicted of a decades-long conspiracy that allegedly included loan sharking, squeezing victims for "street taxes" and a series of mob murders.

Judge James Zagel on Tuesday set the sentencings of Paul Schiro and Anthony Doyle for Jan. 26, Frank Calabrese on Jan. 28, Joseph Lombardo for Feb. 2 and James Marcello on Feb. 5.

Zagel set Feb. 23 for sentencing Calabrese's brother, Nicholas, an admitted hit man who became the government's star witness.

Sunday, December 21, 2008

Frank Calabrese Sends Letter from the Federal Deadbolt Inn

He's known as 'Frank the Breeze' and for good reason.

A 19-page letter written by the outfit killer is as wordy as Calabrese was breathless when he testified in court.

In his typewritten letter, Calabrese portrays himself as a man of God and a person of deep prayer, even though he appears to be threatening friends, relatives and acquaintances throughout the composition.

Chicago mob boss Frank Calabrese, Sr. talked in code with some of those who would later topple his criminal empire during the Family Secrets prosecution.

Since Calabrese and his outfit cronies were convicted of racketeering last year, all have had rooms at the feds' 'Deadbolt Inn' in downtown Chicago. And it was from the Metropolitan Correctional Center that 'the Breeze' sent a letter to an old family friend, Frank Coconate. While Mr. Coconate decided not to discuss the matter on television, he did provide ABC7 with the letter from Frank:

- in which Calabrese launches a series of questions about the personal, criminal, business and investment activities of his son Frank, Jr. and brother Nick, the mobsters who turned on him and testified against him at trial

- "Frankie, Jr. does not know how to be a trew (sic) friend to anyone...he lies so much its (sic) pathetic...I pray with gods (sic) blessings. That I may be on the streets some day..."

- Calabrese, Sr. is especially interested in Junior's whereabouts, businesses and purchases since his son testified in court, publicly connecting his father to numerous gangland murders.

"Our investigation has uncovered is that Junior has been attempting to sell his story...He's always wanted to be famous, he always wanted to go to Hollywood, he always wanted to be a big shot and this is the way he figured he could do that," said Joe Lopez, Calabrese Lawyer.

The I-Team traced Calabrese, Jr. to Scottsdale, Arizona. The last business he owned was a Chicago pizza parlor. It's now vacant. The pizza joint and several high-end condo's where Junior lived out have 'Frank the Breeze' convinced that his son turned on him for money and that Junior has cleaned out family investments.

ABC7 lost the trail of Calabrese, Jr. at his grandmother's desert home. She had thrown him out a week earlier after a family argument.

The letter to Coconate names several Calabrese relatives and acquaintances whom Calabrese wants to help in his case, possibly the upcoming sentencing.

Calabrese prose turns threatening as he writes about one relative who is cheating in his city job: "If he does not cooperate in telling us the truth, someone is going to give this information to TV news forecasters like Chuck Goady and the newspaper. I am not looking for this to happen to him, and it will not, if he will answer our questions right of (sic) whatever he knows."

Regarding a female acquaintance of Frank, Jr. he writes: "She's been lying about everything. We're not done with her yet."

It is unclear whether the letter from Frank was the cause of Calabrese, Sr.'s placement in solitary confinement last month at the MCC.

According to the court filing by Calabrese's lawyer he was put in "the hole...pursuant to the prevention of acts of violence and terrorism."

"His position is, you can do what you want to me and God's the ultimate arbiter of what I've done if I've done anything ," said Lopez.

Even though Frank Calabrese, Jr. was a mobster in his own right and accompanied his dad on the occasional gangland hit, he now has the FBI watching his back. After the I-Team tried to talk with him in Arizona, ABC7 received a letter from FBI boss Robert Grant in Chicago politely asking us to stop.

Thanks to Chuck Goudie

Tuesday, December 09, 2008

Anthony Doyle, Former Chicago Cop in the Family Secrets Mob Trial, Pleads for Release from Jail

A former Chicago cop who secretly worked for the Chicago mob says enough is enough: he should be released from jail.

He is Anthony Doyle who was convicted of aiding and abetting the outfit in Operation Family Secrets.

Anthony Doyle, Former Chicago Cop in the Family Secrets Mob Trial Pleads for Release from JailOne-time cop Anthony Doyle hasn't even been sentenced yet, but according to a motion filed late on Monday by his lawyers, he's been punished enough by waiting 15 months at the federal lockup for his court date.

When the Family Secrets mob trial started, Anthony "Twan" Doyle was portrayed as a poor city sanitation laborer who worked his way up to the Chicago Police Department.

In a motion filed Monday, Doyle's lawyers described him as a police hero who should be immediately freed from prison despite last year's conviction as a mob associate.

He was born Anthony Passafume but reputedly changed his name to "Doyle" to fit in with a historically Irish Chicago police force. After Doyle retired, he moved to Phoenix, Arizona in 2001 and volunteered as a county sheriff's deputy.

Among the acts of heroism Doyle's lawyers cite in Monday's get-out-of-jail request is this: Doyle claims that he rescued a Japanese bicyclist who was stranded in the desert under a cactus and survived by drinking his own urine.

Doyle also asks for the court's mercy so he can tend to his wife who lives condo about 60 miles from Phoenix. When the I-Team recently paid a visit to Catherine "Cassie" Doyle, she declined to speak with ABC 7.

In Monday's motion, Doyle contends that his wife had two strokes and has heart trouble and that he stands to lose his $30,000 a year city pension which supports her.

Doyle was originally scheduled to be sentenced on Monday and the other four major 'Family Secrets' defendants were set to be sentenced before Christmas. But in a ruling late Monday afternoon, Judge James Zagel has postponed all the outfit sentencings. Defense attorneys said they were entitled to more time because the government made last minute changes in pre-sentence reports.

That means Doyle will stay in jail along with lead defendant Frank Calabrese who we learned Monday recently had heart surgery.

A hearing is scheduled for today.

Thanks to Chuck Goudie

Thursday, December 04, 2008

Reputed Mob Bosses, Frank Calabrese Sr, and James Marcello Seek Delay in Sentencing

Two reputed mob bosses convicted of taking part in a murder conspiracy have asked a federal judge to postpone their sentencing.

James Marcello and convicted hit man Frank Calabrese Sr. filed their requests Wednesday with Judge James B. Zagel. Calabrese is due for sentencing Dec. 11 and Marcello Dec. 17. They were convicted at the landmark Operation Family Secrets trial.

Marcello says he needs time to prepare and Calabrese says he needs more time to talk with his lawyer because he has been thrown into "a segregation unit commonly known as 'the hole'" in the Metropolitan Correctional Center.

Federal spokesman Randall Samborn had no comment.

Wednesday, December 03, 2008

Sentencing of Mob Handyman, Thomas Johnson, Kicks Off Chicago Outfit Sentencing Season

'Tis the season to be sentenced for the Chicago Outfit.

By the time the New Year rings in, more than a half dozen hoodlums will have guaranteed reservations at the Holiday Pen.

Mob handyman Thomas Johnson on Tuesday became the first of several Operation Family Secrets defendant to be sentenced this month. Johnson, of Willow Springs, was handed a 30-month prison term and three years of supervision after pleading guilty to his role as an Outfit handyman. U.S. District Judge James Zagel also fined Johnson $7500. He will surrender on March 3, 2009 to begin serving his sentence.

"It is undisputed that Johnson for over seven years engaged in illegal conduct for and with Outfit associate Michael Marcello and his (Michael Marcello's) brother, Outfit boss James Marcello," stated federal prosecutors in sentencing reports. "Johnson's full-time employer was Cicero-based 'M&M Amusements,' which was a large-scale illegal gambling business operating for the financial benefit of the Chicago Outfit."

In Johnson's plea agreement, he admitted rigging video poker machines so that they could be used for actual wagering. "Johnson and others did so by installing a 'knock-off' button or switch which enabled the bar owner to keep track of winning and losing plays. Johnson and his co- conspirators then placed these illegally-altered machines at dozens of bars, restaurants, and clubs throughout Chicagoland" stated prosecutors.

Johnson's talents were not limited to tinkering on machines. He was also a skilled bookkeeper, according to federal investigators. "He created two sets of written documents during the weekly accountings held with the proprietors where the gambling machines were located. Johnson would record the true amount of income retrieved from the machines, and split this figure with the proprietors as agreed. On 'settle-up day,' Johnson also created another set of written records ("collection reports") which falsely recorded a lower amount of income generated by the machines, namely 50% of the actual income generated" authorities said.

Johnson's pleaded guilty of conducting an illegal gambling business and tax fraud. Government agents estimated that he cheated the IRS out of nearly $1.69 million.

Attorneys portrayed Johnson, 53, as little more than a mob stooge, who was a "minor participant, if not a minimal participant. In a court filing, they said Johnson's "involvement was limited to participating in a non-violent illegal gambling operation. Furthermore, within the gambling operation, Mr. Johnson was a low level employee. Mr. Johnson regularly visited business owners participating in the gambling operation to collect proceeds and collection reports from the machines. In return, Mr. Johnson was paid $2,400.00 per month."

The Family Secrets defendants who were convicted at trial will be up for sentencing next week, including former Chicago Police Department officer Anthony Doyle and Paul "The Indian" Schiro, both on Dec. 10

The namesake of the USA vs. Frank Calabrese case as it is officially known, Frank "The Breeze" Calabrese, will be sentenced on Dec. 11 in the Dirksen Building courthouse.

He will be followed by Joseph "Joey the Clown" Lombardo on Dec. 15 and James "Little Jimmy" Marcello on Dec. 17.

The key witness in the landmark case, one-time Outfit assassin Nick Calabrese, will be sentenced on Jan. 26, 2009. Nick Calabrese, who has admitted his role in more than a dozen gangland hits, turned government witness and fingered his brother Frank in the mob plots.

Thanks to Chuck Goudie and Barb Markoff

Saturday, November 22, 2008

Mobster Offers Only Pennies Per Hour in Restitution to Families of Victims

Prosecutors want James "Little Jimmy" Marcello to pay millions in restitution for the victims' lost lifetime earnings.

There were fourteen of them, killed in cold blood by the Chicago Mob. Federal prosecutors want James "Little Jimmy" Marcello to pay millions of dollars in restitution for the victims' lost lifetime earnings.

Lawyers for Mr. Marcello contend that he should only be responsible for paying funeral expenses of victims, under case law, and that he really shouldn't pay anything. And in a unique argument against the payment of any restitution, Marcello attorney Marc Martin states that certain mob murder victims would have been eventually been put in prison with measly income potential.

"The government's expert speculates as to the earnings potential and life expectancy of certain murder victims," wrote Mr. Martin in a motion filed Tuesday in U.S. District Court. "The expert failed to take into account the victims' actual circumstances, i.e., their specific actual damages. For example, the evidence showed that Nicholas D'Andrea and Michael Spilotro were criminals. If they had been convicted and sentenced (Michael Spilotro was awaiting a federal criminal trial at the time of his death), their prison earning capacity would have been pennies an hour."

Marcello's lawyer also challenges whether convicted mob bosses should be on the hook for restitution for "victims for whom the jury did not reach a verdict during the special verdict phase (Henry Cosentino, Paul Haggerty, John Mendell, Vincent Moretti, Donald Renno, Nicholas D'Andrea and Emil Vaci). Restitution cannot be awarded for such persons. A conviction is a condition precedent for a restitution judgment," states Martin. "There is no authority for awarding restitution in instances where the jury fails to reach a verdict."

As a result, Martin says "Defendant James Marcello respectfully moves this Honorable Court to deny the government's request for restitution and/or order any lawful and equitable relief."

Marcello is scheduled to be sentenced on Dec. 17 by Judge James Zagel. Co-defendant's in the Operation: Family Secrets case will also be sentenced before Christmas. All are facing the prospects of lengthy stays in the penitentiary for their roles in a lucrative, decades-long Outfit enterprise.

Thanks to Chuck Goudie and Ann Pistone

Wednesday, November 19, 2008

Chicago Crime Commission Names Top Crime-Fighting Award for Mitch Mars - #1 Enemy to the Mob

Mitchell Mars wasn't a household name, but he was public enemy No. 1 to the mob.

The typically soft-spoken and unassuming man, who as a federal prosecutor made battling Chicago's organized crime figures his life's work, transformed into a firebrand in front of a jury.

"Criminal cases are about accountability and justice, not only for the defendants, but also justice for our system, justice for our society and justice for the victims," Mars said last year during the successful Family Secrets mob trial. "Our system works. It is the greatest system in the world. But it only works when those who should be held accountable are held accountable."

The assistant U.S. attorney died of cancer just five months later. He was 55.

The Chicago Crime Commission will pay tribute to Mars tonight with its most prestigious crime-fighting award named in his honor. Michael Wolfe, the DuPage County criminal chief, will be the first recipient during a special ceremony at the Palmer House Hilton in Chicago.

"I am incredibly humbled by this award," said Wolfe, 49, of Warrenville. "If I could possibly be one-tenth the lawyer and person that Mitch Mars was, I would say my life is complete."

Cook County State's Attorney Richard Devine is serving as keynote speaker. Dignitaries such as U.S. District Attorney Patrick Fitzgerald and Illinois Attorney General Lisa Madigan plan to attend.

Mars' wife and mother also will be in the audience.

Chicago Crime Commission Chairman J.R. Davis said Wolfe stood out among the nominees and was chosen for demonstrating professionalism, dedication and compassion in the administration of justice.

During his 24-year career, Wolfe prosecuted some of the suburbs' most heinous crimes. He worked 61 straight 12-hour days in 2006 as part of a team that put serial-sex killer Paul Runge on death row. Wolfe prosecuted three defendants serving life prison terms for the 1995 triple murder of a pregnant Addison woman, whose baby was cut from its womb, and her two other children.

One day after the last defendant's trial, he began his case against a drunken driver who killed four people, including three Naperville teens. Wolfe later co-authored legislation to toughen DUI penalties.

Most recently, Wolfe secured a death sentence against Eric Hanson of Naperville who killed his wealthy parents, sister and brother-in-law out of greed.

As criminal prosecutions chief, he juggles his own prosecutions while overseeing 65 assistant state's attorneys handling everything from traffic tickets to murder.

His boss, DuPage State's Attorney Joseph Birkett, nominated Wolfe. Birkett will attend tonight to see his criminal chief receive the award. "Mitch Mars was a straight-up guy who just wanted to make sure the job got done right," Birkett said. "And that's Mike Wolfe. Mike is a very hardworking, dedicated prosecutor who contributed greatly to our profession. He and Mitch Mars are cut from the same cloth."

Thanks to Christy Gutowski and Rob Olmstead

Tuesday, October 21, 2008

U.S. Seeks Nearly $4 Million in Restitution from Family Secret Mobsters

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA )
) No. 02 CR 1050
v. ))
Judge James B. Zagel
FRANK CALABRESE SR., et al. )

MOTION FOR IMPOSITION OF RESTITUTION

This cause comes before the Court on motion of the United States for imposition of
restitution, pursuant to the Mandatory Victims Restitution Act (“MVRA”), in the above-captioned matter against defendants Frank Calabrese Sr., James Marcello, Joseph Lombardo, Paul Schiro, and Anthony Doyle.1 For the reasons discussed below, these defendants are jointly and severally liable for a total restitution amount of $3,909,166.30.2

I. INTRODUCTION

Defendants Frank Calabrese Sr., James Marcello, Joseph “The Clown” Lombardo, Paul “The Indian” Schiro, and Anthony “Twan” Doyle were convicted as a result of their criminal participation in a racketeering enterprise known as the Chicago Outfit. The charged conspiracy involved, among other categories of criminal conduct, the murders of 18 individuals. See Doc. #397 at 9-10. There is little dispute that these murders were part of the conspiracy, and were committed to advance the criminal objectives of the Chicago Outfit.

The jury in its Special Verdict forms, moreover, concluded that James Marcello, Joseph Lombardo, and Frank Calabrese Sr. personally participated in Outfit murders;3 the jury was unable to reach a unanimous verdict on Paul Schiro’s involvement in the Vaci homicide. In addition, Doyle, a long-time Chicago Police Officer and member of the conspiracy since the 1960's, knew full well that the Outfit committed homicides. Doyle in fact was taped discussing that the Outfit killed people with Calabrese Sr.,4 and indeed personally attempted to obstruct the investigation of the Outfit homicide of John Fecarotta. It would therefore be frivolous to argue that it was not foreseeable to defendants that the racketeering conspiracy they joined in the 1950's and 60's, and never withdrew from, involved homicides. Because defendants were convicted for their involvement in a the Outfit’s racketeering conspiracy, because the charged murders advanced the Outfit’s illegal objectives, and because such murders were known and/or foreseeable to the defendants, defendants Calabrese Sr., Marcello, Lombardo, Schiro, and Doyle must be held jointly and severally responsible for restitution to the estates of the murder victims.

II. ARGUMENT

The MVRA defines a “victim” as:

[A] person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.

18 U.S.C. § 3663A(a)(2) (2000) (emphasis added); see also 18 U.S.C. § 3663(a)(1)(A) (authorizing restitution for defendants “convicted of an offense under [Title 18]”). If, as here, the victims of the violent crimes are deceased, the Court must order restitution payable to the victims’ estates. 18 U.S.C. § 3663A(a)(1). Moreover, according to 18 U.S.C. § 3664(h):

If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant. There is substantial case law dealing situations where, as here, murder victims’ estates, the victims’ families, or the victims’ dependents, including widows and children, are entitled to receive restitution payments:

• United States v. Douglas, 525 F.3d 225, 253-54 (2d Cir. 2008) (affirming restitution award
for funeral expenses and lost income under 18 U.S.C. § 3663A(b)(3), (4));
• United States v. Serawop, 505 F.3d 1112, 1125, 1128 (10th Cir. 2007) (defendant convicted
of voluntary manslaughter ordered to pay restitution for lost income to estate of three-month
old victim);
• United States v. Cienfuegos, 462 F.3d 1160, 1164 (9th Cir. 2006) (finding the victim’s estate
was entitled to restitution);
• United States v. Oslund, 453 F.3d 1048, 1063 (8th Cir. 2006) (affirming restitution order
awarding lost future income under the MVRA and stating that “[w]hen the crime causes the
death of a victim, the representative of that victim’s estate or a family member may assume
the victim’s rights”) (citing 18 U.S.C. § 3663A(a)(2));
• United States v. Pizzichiello, 272 F.3d 1232, 1240-41 (9th Cir. 2001) (victim’s surviving
family members properly awarded lost income, funeral, and travel expenses under the
MVRA);
• United States v. Checora, 175 F.3d 782, 795 (10th Cir. 1999) (defendants convicted of voluntary manslaughter ordered to pay restitution for the support of the victim’s minor children that were directly and proximately harmed as a result of the victim’s death);
• United States v. Razo-Leora, 961 F.2d 1140, 1146 (5th Cir. 1992) (defendants convicted of charges related to a murder-for-hire conspiracy ordered to pay restitution for lost income to the murder victim’s widow);
• United States v. Jackson, 978 F.2d 903, 915 (5th Cir. 1992 )(“[T]he district court has the authority to order the defendants to pay the victims’ estates an amount equal to the victims’ lost income . . . .”);
• United States v. Roach, 2008 WL 163569, at *3-5, 9 (W.D.N.C. Jan. 16, 2008) (restitution awarded for lost income based on reasonable assumptions that murder victim would work 40 hours per week for 50 weeks per year until age 65 at state minimum wage and receive two percent increase per year);
• United States v. Visinaiz, 344 F. Supp.2d 1310, 1312-13 (D. Utah 2004) (MVRA requires restitution for lost income in homicide cases; no ex post facto implication); and
• United States v. Bedonie, 317 F. Supp.2d 1285, 1288-90 (D. Utah 2004), rev’d on other grounds, 413 F.3d 1126 (10th Cir. 2005) (court appointed an expert to calculate lost income who made reasonable and reliable race- and sex-neutral projections of future lost income without any discount for possible “consumption” of income by the victims).

In a conspiracy such as this, co-conspirators must be held jointly and severally liable for the total foreseeable restitution amount. See generally United States v. Rand, 403 F.3d 489, 495 (7th Cir. 2005) (“[Defendant] may be held responsible for losses caused by the foreseeable acts of his co-conspirators. Co-conspirators generally are jointly and severally liable for injuries caused by the conspiracy . . . .”), citing United States v. Martin, 195 F.3d 961, 968-69 (7th Cir. 1999); United States v. Amato, 540 F.3d 153, 163 (2nd Cir. 2008) (holding that it was “within the district court's discretion to make [defendant] jointly and severally liable for entire loss that [victim] suffered as a result of conspiracy even while apportioning liability of some of [defendant's] co-conspirators.”). The evidence at trial established the proposition, understood well by the co-conspirators, that an “authorized”/”okayed” murder was a powerful weapon in the Outfit’s punishment and control arsenal. In addition, the recorded February 11 and 12, 1962, discussions attached hereto as Government Exhibit A graphically highlight the Outfit’s long-standing use of murder to achieve its criminal objectives. During the two surreptitiously recorded Miami, Florida, meetings between Jack Cerone, Dave Yarras, Pete LNU, James Vincent “Turk” Torello, and others, the men discuss various Outfit murders (indeed, the men were assembled in Florida to kill union boss Frank Esposito). The foreseeability prong of the analysis therefore strongly favors a full restitution award.



Turning to what evidence the Court can consider in its effort to determine the total loss, the MVRA specifically provides for restitution to “the victim for income lost by such victim as a result of the offense,” and states that the restitution amount shall represent “the full amount” of the victim’s loss. 18 U.S.C. § 3663A(b)(2)(C); § 3664(f)(1)(A); see also Roach, 2008 WL 163569, at *8-9 (restitution awarded for lost income based on reasonable assumptions that murder victim would work 40 hours per week for 50 weeks per year until age 65 at state minimum wage and receive two percent increase per year). Applied to the present case, the inquiry thus centers on approximating the future income of the above-described murder victims. Cienfuegos, 462 F.3d at 1164 (“Any victim suffering bodily injury or death necessarily incurs the income lost only after the injury, i.e. in the future, as a consequence of the defendant’s violent act.”).5 This income figure must include prejudgment interest through the date of sentencing “to make up for the loss of the funds’ capacity to grow.” United States v. Shepard, 269 F.3d 884, 886 (7th Cir. 2001) (relying on 18 U.S.C. § 3663A(b)(1)(B)(i)(II) and In re Oil Spill by the Amoco Cadiz, 954 F.2d 1279, 1311-35 (7th Cir.1992)).

“The determination of appropriate restitution is by nature an inexact science.” United States v. Williams, 292 F.3d 681, 688 (10th Cir. 2002). Though not required to do so, the government has engaged Financial Forensic Expert and Certified Public Accountant Michael D. Pakter to prepare a report calculating the lost estimated earning capacity of the identified murder victims. See generally Cienfuegos, 462 F.3d at 1169 (requiring non-speculative basis for calculations). Michael D. Pakter’s twenty-two page report is attached hereto as Government Exhibit B.

III. CONCLUSION

The calculations set forth in the attached report are based on conservative assumptions,6 see Government Exhibit B at 16-18, and constitute the best available evidence of the proper restitution amount under the MVRA. The government has therefore sustained its burden of demonstrating by a preponderance of the evidence the losses sustained by the victims, and has established that Outfit murders were at a minimum reasonably foreseeable to Calabrese Sr., James Marcello, Lombardo, Schiro, and Doyle. See generally 18 U.S.C. § 3664(e) (Court resolves restitution disputes by preponderance of the evidence standard); Razo-Leora, 961 F.2d at 1146 (“The prosecution has the burden of demonstrating the amount of loss sustained by the victim and proving this loss by a preponderance of the evidence.”); see also Doc. #839 (government’s summary of trial evidence presented against each defendant). The government therefore asks this Court to hold defendants Calabrese Sr., James Marcello, Joseph Lombardo, Paul Schiro, and Anthony Doyle jointly and severally liable for restitution in the amount of $3,909,166.30. See Government Exhibit B at 7.

Respectfully submitted,
PATRICK J. FITZGERALD
United States Attorney
By: s/ T. Markus Funk
T. MARKUS FUNK
Assistant U.S. Attorney
219 South Dearborn, Room 500
Chicago, Illinois 60604
(312) 886-7635

1 Defendant Nicholas Calabrese at trial admitted his involvement in a number of Outfit murders. That testimony, however, was given pursuant to the Court’s grant of immunity. Tr. 2299-2300. Moreover, with the exception of the murder of John Fecarotta, the information provided by Nicholas Calabrese to law enforcement was at all times proffer-protected. See Tr. 2870. The government is restricting the instant restitution request to victims who were not lifelong associates/members of the Chicago Outfit; the Fecarotta homicide is therefore not part of the government’s calculations, and accordingly no restitution is sought as to Nicholas Calabrese.

2 This restitution amount is separate and distinct from defendants’ forfeiture liability. See United States v. Webber, 536 F.3d 584, 602-03 (7th Cir. 2008) (“Forfeiture and restitution are distinct remedies.”).

3 Frank Calabrese Sr. was found to have participated in the murder of Michael Albergo, William Dauber, Charlotte Dauber, Michael Cagnoni, Richard Ortiz, Arthur Morwawki, and John Fecarotta; James Marcello was found to have participated in the murders of Anthony Spilotro and Michael Spilotro; and Joseph Lombardo was found to have participated in the murder Daniel Seifert.

4 See 2-19-2000 Transcript (Doyle telling Calabrese Sr. how James LaPietra and John “Apes” Monteleone without authorization beat another mob associate and as a result were almost ordered killed by Outfit Boss “Skid” Caruso; Doyle: “Had it been where the Old Man was still alive, they’d of went.”)

5 Indirect loss or consequential damages should not be included in any restitution order; only direct, actual losses may be awarded. United States v. Frith, 461 F.3d 914, 921 (7th Cir. 2006), citing 18 U.S.C. § 3663A(a)(2); United States v. George, 403 F.3d 470, 474 (7th Cir. 2005) (“‘Loss’ means direct injury, not consequential damages.”). On the other hand, no expenses for consumption should be deducted from any potential claim for lost future wages; such deductions are not permissible under the MVRA, which provides only for an award of “income lost,” not net income lost. 18 U.S.C. § 3663A(b)(2)(C). Additionally, restitution must be ordered for necessary funeral and related services. 18 U.S.C. § 3663A(b)(3).

6 The government reserves the right to submit an adjusted report if and when the government receives additional/revised income or other information for the victims.

Tuesday, September 30, 2008

Shark Tales Return with an Update on the Family Secrets Mob Case, the Mitch Mars Golf Outing & a Job Offer for US Attorney Patrick Fitzgerald

How is everyone out there? I have not written lately, with the birth of my son Rocco Joseph and my wife in law school, it's difficult to provide updates for The Chicago Syndicate.

First, I was featured in Gangland on The History channel last week in the Satan's Disciples episode. I represent many SDs who are from my hood on Taylor Street USA. I was named again in Who is Who in America by Marquis for 2008, the second time that I received this distinguished award.

Family Secrets is still alive. The post trial motions were denied and now its sentencing time. Frank (Calabrese Sr.) is set for December 11 2008 at 2pm. There is a lot of work to do on his sentencing and hopefully the world will learn the truth about the dirty rat son Frank Jr. and his friend at the press who helped spin the bullshit tale of he and his father.

Chicago Outfit Last SupperOn another somber note, the Mitch Mars golf outing was held. I played with two agents who testified in the case, one who found the infamous last supper photo which I said that the enterprise died with the last clam. The other agent was on the Sam Carlisi case when I went to trial with "The Hatchet". I drove the ball well and my short game was on at times.

Afterward, a lot of US Attorneys and media personalities arrived, as well as the Grand Pupa himself, Patrick Fitzgerald. I asked him if he would like a job after Obama wins! Just kidding folks.

I was one of three defense lawyers golfing, but others showed up for the dinner. I missed dinner as I was in clubhouse taking a shower and drinking at the bar. I needed a break from all those agents! The outing was fun and Marsha Mclellan had to give me a bag of balls! After dinner, I returned to be bothered by the media with questions about Frank and others. I remained mum much to the chagrin of others. I wanted to talk about the White Sox not law and clients.

Judging from the turnout, it's obvious that Mitch had a lot of fans. Like I have written before, he was ok with me, but he had his enemies. It was the second golf outing of the year I attended which honored a dead attorney. It was a bit eerie. There was lot of rumor about an upcoming indictment which is neither confirmed or denied, but will probably happen. The feds always have a trick up their sleeve. So, I eventually left and returned home in an elevated state.

The books are being written right now, at least 2 that I know of and maybe one more. It will be interesting to see the final copies.

Stay tuned for more developments regarding sentencing and the double jeopardy appeal. Frank still has a lot of fight in him and a chance to reverse this mess. We are still trying to figure out how you can call 3 eyewitnesses to a murder who described the scene and testified it was not Frank that killed Ortiz and Morowski. None of the witnesses knew who frank was at the time, but described the car and shooter to a degree which was not Frank.

Stay tuned!

Joseph "The Shark" Lopez

Monday, September 22, 2008

The Mitchell A. Mars Foundation to Honor Prosecutor Who Fought the Mob and Won

Assistant U.S. Atty. Mitchell Mars, who fought the Chicago Outfit and won, died of cancer shortly after his historic prosecution of the Family Secrets case and mob bosses. A scholarship has been established in his name.

Mars was a great public servant. In a state where public servants are too often all about serving themselves and their friends, Mars was one of the good guys who fought for the public interest against the Outfit and their political puppets.

In his memory, his federal law-enforcement colleagues have established the Mitchell A. Mars Foundation.

If you wish to donate to the foundation, which will fund a Chick Evans Scholarship, you may go to www.mitchmars.org for further instructions

Saturday, September 13, 2008

Family Secrets Mobsters Seeking Gifts of Leniency and Mercy During Holiday Season Sentencing

It's not even October but several top Chicago Outfit bosses are already thinking about Christmas and hoping they'll receive gifts of leniency.

In rat-a-tat succession this December, five mobsters who were convicted in the milestone Operation: Family Secrets prosecution last year are now scheduled to be sentenced by U.S. District Court Judge James Zagel.

The pre-Christmas list of defendants who will stand before Judge Zagel begins with Anthony "Twan" Doyle, a former Chicago police officer. Doyle is to be sentenced Monday, December 8. Doyle's sentencing and the others will take place in Zagel's courtroom on the 25th floor of the Dirksen Federal Building, 219 S. Dearborn in downtown Chicago.

An Italian-American who was born "Passafume," the ex-cop changed his name to the Irish "Doyle" when he joined the Chicago Police Department. He was convicted of being the Outfit's "go-to guy" during some of his 21 years on the police force. The jury found that Doyle was part of a racketeering conspiracy that used violence to achieve its goals.

Next up in court will be Paul "The Indian" Schiro, who is due to be sentenced Wednesday, December 10. Schiro was convicted on racketeering charges.

The following day, Thursday December 11, lead defendant Frank "The Breeze" Calabrese, Sr. will be sentenced. It was Calabrese Sr.'s son and brother who both turned government witnesses and brought down the elder's Outfit street crew like a house of parlay cards. Nearly one year ago, a federal jury blamed "The Breeze" for nearly a dozen gangland murders and on Dec. 11 Calabrese Sr. is will face a sentence that will likely keep him locked up for the rest of his life.

The pre-holiday sentencing will continue the following week, on Monday December 15, when Joseph "Joey the Clown" Lombardo will appear before Judge Zagel. Lombardo was also convicted of racketeering in connection with the old, unsolved mob murders, including those of notorious Las Vegas boss Anthony "Ant" Spilotro and his brother Michael. The Spilotros were found buried in an Indiana cornfield in 1986 after a dispute with their Outfit superiors. "The Clown" is known for his courtroom antics, such as peering out from behind a homemade newspaper mask, wise-cracking with lawyers and judges and once leading news crews on a downtown chase through a construction site. He is likely to be less jovial on Dec. 15, when he faces what will be tantamount to a life sentence.

The final sentencing for the five major Family Secrets defendants will be Wednesday, December 17. James "Little Jimmy" Marcello will also face the potential of life in prison for his role in mob killings and the collection of Outfit "street tax." The mob crew strong-armed protection money from businesses, ran sports bookmaking and video poker businesses as well as loan sharking operations. They rubbed out some of those who might have spilled their secrets to the FBI.

Admitted mob hitman Nick Calabrese, brother of Frank "The Breeze," will be sentenced Monday, January 26, 2009. Nick Calabrese had a hand in at least 15 gangland hits before turning informant. His cooperation was key to the original indictment of 14 Outfit bosses and soldiers and the success of the prosecutions.

Several lower-echelon members of the mob crew have already been sentenced. Also, Judge Zagel has denied defense motions for new trials.

Sentencing Dates

Anthony Doyle Sentencing Dec 8

Paul Schiro Sentencing Dec 10

Frank Calabrese Sr. Sentencing Dec 11

Joseph Lombardo Sentencing Dec. 15

James Marcello Sentencing Dec 17

Nicholas Calabrese Sentencing Jan 26, 2009

Frank Schweihs -- Died before trial.

Already Sentenced

Michael Marcello -- 8 1/2 years prison
Nicholas Ferriola three years in prison
Joseph Venezia -- 40 months prison
Dennis Johnson -- 6 months in prison

Thanks to Chuck Goudie

Friday, September 12, 2008

Mystery of Juror Excused from Family Secrets Mob Trial Revealed

The Chicago Mob is an illicit business, notorious for its myths, mystery and folklore.

One baffling moment in the recent history of the Outfit now has an explanation. The incident occurred last year near the end of the Operation: Family Secrets prosecution of five members of the Outfit.

One juror, an alternate, was excused from the panel without explanation by trial Judge James Zagel.

In a ruling on defendants' post-trial motions Wednesday, Judge Zagel, for the first time, disclosed the reason for the juror's dismissal. She seemed to be frightened of the mob.

Zagel wrote that the female juror's posture and demeanor "revealed at best discomfort and perhaps anxiety or panic." When she asked the judge if any threats had been made against her during the trial, he excused her. None of the defense attorneys objected at the time.

There have been numerous cases the past 75 years in which the Outfit tried to buy justice and influence judges and juries when hoodlums were on trial. Mob bosses have also been known to silence witnesses and intimidate jurors.

For those reasons, the names of jury members impaneled in the Family Secrets case were not made public, and they were anonymous. But, considering the well-documented history of Outfit intimidation and violence against those working for justice, we now know that at least one juror seemed unwilling to take the risk.

The five members of the Chicago Outfit were all convicted last year in the government's landmark mob case and Wednesday were all denied new trials by Judge Zagel.

In a written order handed down by Zagel, the guilty verdicts for murder, conspiracy and racketeering will stand against Outfit bosses Joseph "Joey the Clown" Lombardo, Frank "The Breeze" Calabrese Sr, James "Jimmy the Man" Marcello and Outfit soldier Paul "the Indian" Schiro. Mob associate and former Chicago police officer Anthony "Twan" Doyle was found guilty of racketeering. His post-trial motion was also denied.

Judge Zagel said in his order that the motions were being denied "because there was ample evidence to support the jury's verdict" and that the jury was within its right to believe government recordings and witness testimony.

Specifically, Zagel noted Joe Lombardo's testimony on the witness stand worked against him and that Lombardo's advertisement in a newspaper stating he was no longer in the Outfit was "nothing more than a stunt."

The defendants argued that Judge Zagel should have granted a mistrial when he received a note during the trial from a juror saying that other members of the jury had formed opinions about the case before all the evidence had been heard. The defendants' motion stated that "some [jurors] also mentioned that they would be very upset if they had to deliberate for more than a few days while waiting on a decision that should already be made or close to being known." After receiving the note, Judge Zagel questioned each juror, dismissed two of them and says that he stands by his determination that the rest of the jury was not tainted.

Lombardo, Marcello, Schiro and Doyle also argued they were entitled to a new trial because a juror observed Calabrese threaten to kill Assistant US Attorney T. Marcus Funk, during closing arguments. Zagel stated jurors were able to differentiate between the defendants, so it would not have clouded their judgment.

Zagel acknowledged that Funk did "misstate some of the evidence in his closing argument." But the judge denied Schiro's motion for a mistrial because Funk and co-council Mitch Mars pointed out the mistake.

Zagel said he disagreed with several of the defendants' complaint that media coverage leading up to and during the trial tainted jurors and that the identities of the jurors should not have been anonymous.

Thanks to Chuck Goudie and Ann Pistone

Wednesday, September 10, 2008

Nicholas Ferriola, Son of Former Chicago Mob Boss, Sentenced to Prison

The son of a former Chicago Outfit boss was sentenced Tuesday to three years in federal prison for profiting from illegal sports gambling and extorting businesses on behalf of the mob.

Nicholas Ferriola admitted that from at least 1999 until he was indicted in March of 2007, he profited up to $160,000 a month from running gambling operations as part of the Outfit's 26th street crew. His father Joseph "Joe Nagal" Ferriola, a convicted felon, headed the Chicago mob from 1986 until he had a pair of heart transplants and died of cardiac failure three years later.

At Tuesday's sentencing hearing, the younger Ferriola was ordered by Judge James Zagel to forfeit more than $9 million and pay $6,000 in fines. Federal officials believe Ferriola made more than $9 million dollars during his career with the Chicago outfit, a figure Ferriola disputed. According to filings by the US attorney's office, Ferriola was pulled over when Chicago Police in 1999, suspected of driving under the influence. Officers found $15,000 in Ferriola's pants pocket. He was a high school drop out with no verified employment history and had no explanation for the cash. Weeks later, the government caught a conversation on tape, between Ferriola and a senior member of the Chicago outfit, Frank "The Breeze" Calabrese, discussing profits. Ferriola told Calabrese he is "making a hundred thousand" dollars each week. Calabrese Sr. told Ferriola to be careful when he's talking about money.

Ferriola, 33, is considered by federal law enforcement to be a low-level hoodlum compared to his co-defendants in last summer's Operation Family Secrets trial. Outfit bosses Frank Calabrese Sr., Joseph "Joey the Clown" Lombardo and James Marcello were among five Outfit bosses found guilty of 18 mob hits that went unsolved for years. The gangland killings included the murder of Tony "Ant" Spilotro, the Outfit's Las Vegas boss and the inspiration for Joe Pesci's character in the movie "Casino". Ferriola was not accused in any of the murders.

Thanks to Chuck Goudie and Ann Pistone

Monday, July 28, 2008

Frank 'The German' Schweihs - "A Killer, That's All, A Killer of a Girl"

Diane Pappas learned that Chicago isn't Camelot a lifetime ago when a tugboat captain found her sister's murdered body in the Chicago River. Eugenia "Becca" Pappas was only 18.

So last week, 46 years after Becca's death, when Diane heard the German was dead, she knew what to do: Drive out to the cemetery, to Becca's grave in the shade of a giant Norwegian pine, and talk to her little sister. "I'm going to the cemetery right now," Diane said. "I've got to be there. Now I want to tell Becca. The big, tough man. The big killer. The murderer of my sister. The German. The murderer of a girl."

If Frank "The German" Schweihs ever wondered about hell, he's not wondering now. He died last week, at 78, of cancer, waiting to stand federal trial in the Family Secrets case.

The FBI considers him the Babe Ruth of Outfit hit men, with dozens of Outfit victims, mobsters from New York to Los Angeles, murderous bosses and their turncoat business associates. Other hit men were terrified to be near him, even when he was sleeping. A glimpse of the German in Los Angeles, a chance sighting in a car window, frightened Jimmy "The Weasel" Frattiano so much that the mobster ran shrieking into the federal witness protection program.

Schweihs the enforcer was the reason those frail, old men could run things without worrying about ambitious underlings. He's the reason they made fortunes, and a president and mayors and judges.

The list of the German's dead is a history of organized crime in America. Except for Becca Pappas, a beauty, tall, slim, black eyes, black hair. "I know he killed her. I just know. She was in his car. She was driving his car the last time anyone saw her. His car disappeared. Then it was auctioned a month later, totally stripped clean, washed down," Diane said.

Becca's murder was investigated by corrupt Chicago lawman Richard CainThe Tangled Web: The Life and Death of Richard Cain - Chicago Cop and Mafia Hitman. This being Chicago, Schweihs was released without charges. Still, I agree with Diane that Schweihs killed her sister.

Why? Because, as explained to me by mob-watchers and former FBI agents, no man in Chicago, or anywhere else, would have dared approach the German's girlfriend. Not even to say hello. They wouldn't have allowed their brains to think of it. Not one. Schweihs would have skinned them alive with a paring knife.

The German is said to have later shotgunned Cain at Rose's Sandwich Shop. And killed Jimmy "the Bomber" Catuara. Teamsters lawyer Allan Dorfman died in a parking lot, shot in the head with a .22. Joe Testa was blown up in his car. Sam DeStefano's arms were shotgunned off in his garage. Patsy Riccardi, Chucky Nicoletti, the list continues.

The Chicago Outfit's flamboyant Hollywood connection, Johnny Rosselli, was found stuffed into an oil drum, floating at sea. Angelo Boscarino was shotgunned, though his son was later given a piece of the failed Rosemont casino deal.

If I've missed a few names, Schweihs didn't miss.

In the late 1980s, he was held in the federal Metropolitan Correctional Center at the same time as Outfit member-turned-federal informant Gerald Scarpelli. The official story is Scarpelli committed suicide. He must have seen the German in the day room and then decided to tie his own feet and hands and choke himself to death with a plastic bag in the shower. The German is also credited with torturing and killing several burglars who dared rob the home of Anthony Accardo.

"He never informed. He killed who they told him to kill. And if he was involved in the killing of that young woman—it sheds an entirely new light on his personality," said FBI Special Agent John Mallul, a supervisor of the Organized Crime Unit. "No criminal ever wanted to see this guy around. Even if they knew that Frank was coming around and knew why, they were still terrified."

Law enforcement says that just about his only friend was Chicago political figure Peter Schivarelli, currently the manager of the rock group Chicago and the former 43rd Ward supervisor of Streets and San. Schivarelli is reputed to have been around Outfit types all his life and is the nephew of late mobster Johnny "The Bug" Varelli.

One night, Schweihs was arrested after fighting with police. "Schivarelli came down to the station trying to get him out, throwing his political clout around, and all hell broke loose," former FBI agent Jack O'Rourke recalled a while back. "It was a madhouse."

"That's not my recollection," Schivarelli said when I tracked him down. He talked on the phone as if I held a subpoena. "But I'd rather not debate it. I'll respectfully decline to comment."

Too bad. I was waiting to hear that the German was kind to tiny children and animals and helped old women cross the street. None of it matters to Becca Pappas' sister. "Schweihs still lived 46 years when he shouldn't have. And people glorify him, and they glorify the mob with their movies and TV shows. But all he was, was a killer. That's all. A killer of a girl."

Thanks to John Kass

Thursday, July 24, 2008

Frank "The German" Schweihs, Chicago Outfit Mob Enforcer, Dies Awaiting Trial

Frank "the German" Schweihs, a reputed Chicago Outfit enforcer once described as one of the most feared men in the city, died Wednesday in a North Side hospital after being transferred from the Metropolitan Correction Center, where he was awaiting trial.

Frank 'The German' SchweihsSchweihs, 78, was cancer-stricken and too ill to face charges in last year's landmark Family Secrets case, one of the biggest mob trials in Chicago's history. The frail Schweihs was scheduled to go to trial Oct. 28. He appeared at recent hearings in federal court in a wheelchair.

On Wednesday, Schweihs died in Thorek Memorial Hospital, said jail spokesman Vincent Shaw.

Schweihs initially went on the lam after the sweeping indictment came down in 2005, but authorities were able to track him down in an apartment complex in a small town in Kentucky late that year.

His upcoming trial had been threatened when Schweihs signed a do-not-resuscitate order that might have forced officials to move him from the downtown jail, which has no medical facility. But Schweihs rescinded the order.

During the Family Secrets trial, in which five of Schweihs' co-defendants were found guilty, witnesses testified that Schweihs was a henchman for capo Joey "the Clown" Lombardo. Schweihs was identified during the trial as being involved in the 1974 hit in Bensenville on Lombardo business partner and federal witness Daniel Seifert.

Schweihs' last court appearance June 10 was memorable, as he complained loudly and barked at federal prosecutors. One of them, Assistant U.S. Atty. Markus Funk, who was part of the trial team on Family Secrets, had looked in his direction as he spoke with his attorney Ellen Domph.

"You makin' eyes at me?" Schweihs snarled. "Do I look like a [expletive] to you or something?"

In a recent court filing, prosecutors asked U.S. District Judge James Zagel to seat an anonymous jury to hear the Schweihs case, noting that he used violence to rise in the Outfit starting in the 1960s.

"Throughout this phase of his life, Schweihs continued to use seemingly irrational brutality for 'effect,' portraying himself as the consummate 'tough guy' at every opportunity," the government's brief stated.

Trial testimony during last year's Family Secrets case made it clear that Schweihs was someone who others linked to the mob feared most.

Michael Spilotro, who was killed in a mob hit along with his brother, once told his daughter that if she ever saw Schweihs around their home, she was to call 911 immediately. Brothers James and Mickey Marcello, defendants in the case, had another nickname for him: "Hitler."

Thanks to Jeff Coen

Minimum $20,000,000.00+ Profit Earned by the Chicago Mob

It took a calculator for the government to figure out this Family Secret. Since the 1960's, a Chicago Mob street crew turned a tidy profit of more than $20 million, according to documents filed today by prosecutors in federal court. And that is a "very conservative figure," according to T. Marcus Funk, the case prosecuting attorney.

The government forfeiture motion obtained by the ABC7 I-Team says that the Operation Family Secrets defendants are responsible for repaying $20,258,556.00 in ill-gotten gains from various organized crime rackets including gambling, extortion and shake-down schemes. In some cases, authorities say, the crime business relied on murder as a final solution to organizational disputes.

Today's filing is a pre-sentence motion in the case of former Chicago police officer Anthony "Twan" Doyle, who was convicted last summer and is due to be sentenced by Judge James Zagel on October 1. Doyle was a "juice loan collector for the South Side/26th" according to prosecutors. His sentencing date will be the first of the major defendants.

"The evidence at trial established that, as charged in the Indictment, DOYLE joined the charged conspiracy in the 1960's as a juice loan collector who was supervised by Outfit street crew boss and enforcer/hit man Frank Calabrese Sr." states today's motion. Calabrese Sr. was convicted in the dramatic mob trial, along with top Outfit boss Joseph "Joey the Clown" Lombardo and James "Little Jimmy" Marcello. All are awaiting sentencing and expected to be hit with similar, $20 million forfeiture orders.

"Before or at the time of sentencing, the United States requests that this Court enter a preliminary order of forfeiture against the defendant [Doyle]," states the government motion. "He is jointly and severally liable with his co-defendants, representing the $20,258,556.00 in proceeds."

"The figure is based on all the evidence we introduced," Funk told the I-Team. "Notably, it excludes the juice loan money that they earned. That was too difficult to calculate" he said.

"It only includes those unlawfully obtained proceeds that the government has been able to trace in the context of the 'Family Secrets' investigation" states the forfeiture motion. "Additional gambling, extortion, and street tax activities have not been included in this figure. Moreover, the figure entirely excludes any of the Outfit's lucrative juice property subject to forfeiture pursuant to the provisions of [federal law]."

As the I-Team reported last September, Click Here to Read the Past Report Anthony "Twan" Doyle was a Chicago cop for 21 years. Sixty-two-year old Doyle is a hulking figure, whose rigid jaw line helps carve an imposing presence. Doyle is a longtime friend and associate of Chicago Outfit boss Frank Calabrese, who was responsible for at least 13 gangland murders, according to federal prosecutors.

Numerous times in 1999, Calabrese paid for Doyle to come to a federal prison in southeastern Michigan. Doyle discussed Chicago mob business with Calabrese, who is known as Frank "the Breeze." Neither man knew the FBI was secretly taping the meetings.

The visits alone violated Chicago police rules that prohibit associating with felons. And when Doyle gave Calabrese information he'd requested about a police murder investigation, straight from a department evidence computer, that was also criminal.

Investigators believe that Doyle sensed Chicago police were on to his relationship with Calabrese and that Doyle tendered his resignation from the police department in 2001 before a federal grand jury could indict him. That way, Doyle was able to receive his Chicago police pension of $2,800 a month, or $34,000 a year.

Since retiring, Doyle has collected nearly $200,000 in pension payments from the city. The director of the police pension board wrote in a letter to ABC7 that they are aware of Doyle's conviction and plan to address the forfeiture of his pension once he is sentenced.

Doyle began his defense last June with a trash bin, his lawyers demonstrating for the jury that he started as a city sanitation worker and made it to the police force.

His birth name is actually Passafume, which is Italian. But when he decided to join the Chicago police force, which is historically Irish, he became Anthony Doyle. His police records list him as "Irish/Italian." But through the ethnic transformation, his nickname stayed the same: Twan.

A twan is a popular Chinese doughnut. Literally translated, it means "rice glog."Of course, police are known to be fond of their doughnuts, and Officer Doyle grew up in a section of Chinatown where twans are sold.

Doyle asked to be freed on bond until sentencing, offering to post his home in Arizona; his daughter's home and the homes of two retired Chicago policemen as bond. Judge James Zagel denied that motion and he has been in custody since the Family Secrets conviction.

Doyle was the only mob defendant not accused of murder.

Thanks to Chuck Goudie and Ann Pistone

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