Despite Recent Success in Fighting "The Outfit", Federal Prosecutors' Mob Focus Decreases

The ranks of the Chicago mob have taken some serious hits in recent years.

So have the ranks of federal prosecutors specializing in Outfit prosecutions.

The number of federal prosecutors dedicated solely to prosecuting Outfit cases has dwindled to an all-time low -- two attorneys -- just after one of the most significant victories ever by the U.S. attorney's office against the mob, the Family Secrets case.

Some prosecutors have been transferred out of the group over the years. Others have retired. And in the biggest blow to the group, its highly regarded chief, Mitchell Mars, died recently after battling cancer.

It's a fact that's causing great worry among some mob busters.

In interviews with the Chicago Sun-Times, six current or former law enforcement officials familiar with the situation said U.S. Attorney Patrick Fitzgerald is making a mistake by not beefing up the unit.

The Outfit may be battered, but it is far from dead, they say. It's getting more sophisticated in how it carries out and covers up its crimes.

"The lessons learned from the Family Secrets trial should tell everybody that the Outfit is alive and active in the city," said James Wagner, a retired FBI agent who battled the mob in Chicago and is now the head of the Chicago Crime Commission.

The crime commission will send a letter to Fitzgerald this week asking him to increase the number of attorneys in the group, Wagner said.

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

The organized-crime group of prosecutors doesn't need the dozen or so lawyers it had in the early 1990s, officials say, with some suggesting that five or six attorneys would be enough these days.

"I think it's a strategic mistake," said Ken Holt, a retired FBI agent who worked on several high-profile Outfit cases.

Holt and others point to the fact that the organized-crime group has lost a great deal of institutional memory with the death of Mars and the retirement of prosecutor John Scully last year.

Mars led the prosecution of the Family Secrets case, which resulted in the convictions of Chicago mob boss James "Little Jimmy" Marcello and top mobster Joseph "Joey the Clown" Lombardo, among others.

Scully, another prosecutor on Family Secrets, also worked on the case of former Chicago Police chief of detectives William Hanhardt, who led a mobbed-up jewelry theft ring before being sent to prison.

Law enforcement officials say the group needs veteran attorneys who know the history of and the players in various Outfit street crews, attorneys who can understand, for instance, the significance of an obscure reference from a wiretapped conversation between two mobsters.

The cases are long and complex -- Family Secrets spanned activities covering nearly 40 years -- and they build upon one another, yet another reason to have dedicated attorneys there for the long haul, officials say. And even with some top mobsters behind bars, it's not going away.

"When one guy gets locked up, another guy replaces him," Holt said.

Thanks to Steve Warmbir

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Widowed Alyssa Milano Works for Mafia in "Wisegal"

Here’s a news flash - things don’t work out so well when you get involved with the mob.

Yet screenwriters can’t seem to stop themselves from spinning gangster tales. There’s nothing particularly new about “Wisegal,” on Lifetime.

Alyssa Milano stars as Patty Montanari, a widowed mother of two young boys. Unable to pay her bills, Patty begins working for the Mafia - first by selling tax-free cigarettes, then by turning a failing mob-owned restaurant into a successful nightclub.

Along the way, she falls for married gangster Frank Russo (Jason Gedrick). Mob boss Salvatore Palmeri (James Caan) makes Patty a promise - he will provide for her family forever if she transports a half-million dollars across the Canadian border.

Even though “Wisegal” is based on a true story, any savvy TV viewer could write what happens next. Heck, anyone who caught 15 minutes of any “Sopranos” episode can forecast how this story will unfold. And writer Shelley Evans seems to know that. Her script often skips key points of exposition. Without explanation, Frank’s son Mouse (Zak Longo) is involved in drugs and this is a huge problem for the mob. Suddenly Frank is a violent threat to Patty and her family.

It may be predictable, but the movie is backed by creditability. Joseph Pistone, the real-life FBI agent who inflitrated the mob as Donnie Brasco, and Anthony Melchiorri, Patty’s real-life son, are executive producers. Melchiorri pays homage to his mother but doesn’t justify her actions. “These people helped me. I made them my family. I knew what I was doing,” Patty tells an FBI agent.

The acting imbues the movie with a higher level of quality. Milano (“Charmed,” “My Name is Earl”) is an extremely likable TV presence. Sporting her best New York accent (probably last heard when she played Long Island Lolita Amy Fisher in the 1993 TV movie “Casualties of Love”), she brings Patty’s scrappy determination to life.

Caan, who knows a thing or two about mob movies, has the right amount of benevolent malice. And Gedrick does a lot with his extremely underwritten role. So while “Wisegal” might not be anything new, it’s a perfectly entertaining way to spend a Saturday night.

Thanks to Amy Amatangelo

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The Shark Weighs in on Mobster Sentencing and Federal Guidelines

The Michael Marcello sentencing was held and he was sentenced to 102 months, which is within the guideline range of 87-108 months. Some may think this was too much and others may say not enough. The federal guidelines are a funny set of rules. There are these things called "grouping" where a judge can find different crimes can be grouped together and in effect cancel each other out and become equal in the equation. Sentencing guidelines also use tax losses to calculate the range. The more mula (money) the more time.

Guidelines can be tricky and even courts, prosecutors, probation officers, and defense lawyers can have different views on their application. The Supreme Court recently ruled judges can depart from the guidelines and impose sentences not in violation of a statutory minimum. This is a new direction in which courts can depart. We as lawyers (prosecutors and judges are lawyers) get used to one system and then another one is put in its place. As the guidelines fade away so do the sentences. We have more people in prison than any other country. Are lawyers losing that many cases?

Joseph "The Shark" Lopez

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