Ex-FBI Agent Chooses Bench Trial

A former agent of the Federal Bureau of Investigation waived his right to a jury trial on murder charges yesterday, instead putting his case in the hands of a judge whom the F.B.I. once investigated when he was a student. The former agent, Roy Lindley DeVecchio, has been charged with helping a prized informer from an organized crime family commit four murders in the late 1980s and early 1990s.

As jury selection was set to begin yesterday, lawyers for Mr. DeVecchio asked for a bench trial before the judge overseeing the case, Justice Gustin L. Reichbach of State Supreme Court. Justice Reichbach warned the lawyers that he had been investigated by the F.B.I. while a student at Columbia University, where he organized student protests in the 1960s. Mr. DeVecchio was undeterred. The trial was set to begin on Oct. 15.

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Family Secrets of the Murderous Kind

Chicago mobsters planted a bomb in the car of Michael Cagnoni, killing him, in 1981. Photo courtesy of the U.S. Department of Justice

It all started with a letter sent to our Chicago office in 1998: the son of a Windy City mobster wanted to help us collect enough evidence to have his gangster father put away for life. The letter spawned a seven-year investigation that culminated in a federal courtroom in September with guilty verdicts.

We dubbed it “Operation Family Secrets,” and it’s one of our most successful organized crime investigations ever. The indictment named 14 defendants and included 18 previously unsolved murders.

The man who approached our Chicago office with an unprecedented offer to help was at the time serving a prison sentence with his father, Frank Calabrese Sr. The son agreed to wear a wire during conversations with his father as they talked about the family business.

That family business was the Chicago Outfit, a criminal enterprise operating out of the city for more than four decades. The Outfit had an organized structure and chain of command with “crews” that were assigned specific geographic territories around Chicago.

What kind of business was it? Typical mob stuff: loan sharking, extortion, and gambling, to name just a few. And, of course, murder. Calabrese Sr. talked to his son about three murders he was connected to, with our tape recorders catching all the details.

Thanks to the recordings, our agents got court permission to tape other conversations between Calabrese Sr. and certain visitors. The mobster liked to talk and apparently didn’t mind conducting business from prison.

Soon, our agents had collected enough information—and corroborated it with evidence—to build an iron-clad case against the senior Calabrese for the 1986 murder of mobster John Fecarotta in Chicago. The evidence also clearly implicated Calabrese’s brother, Nicholas W. Calabrese.

Faced with the overwhelming evidence, Nicholas decided he wanted to cooperate, too. He started spilling more family secrets. A lot of them, in fact, including details about 18 previously unsolved mob hits.

Eventually, seven agents worked the Family Secrets case. Everything our agents learned—through the different wire taps, through our own surveillance, and statements from cooperating witnesses—had to be checked out and verified, a process that literally took years to accomplish.

Agents pored over thousands of documents—including old police reports, financial statements, property records, and even seized gambling receipts. “We were checking material that went all the back to the ‘70s,” said Special Agent John Mallul, our Organized Crime Squad supervisor in Chicago and one of the original agents to work on the case.

All the evidence was handed over to a federal grand jury that in April 2005 returned a 43-page indictment. The list of those charged read like a “Who’s Who” in the Chicago mob.

The trial for five men—Calabrese Sr., James Marcello, Joseph “The Clown” Lombardo, Paul “The Indian” Schiro, and Anthony “Twan” Doyle—started in June and ended August 30. The government called more than 125 witnesses and presented more than 200 pieces of evidence, including dozens of photos. All five were found guilty of racketeering and related crimes September 10.

Of the remaining defendants in the indictment, two died prior to trial (Frank Saladino and Michael Ricci), six pled guilty, and one (Frank “The German” Schweihs) was too ill to stand trial.

“This was an exceptional case,” Mallul said. “We haven’t had an individual cooperate like this, and give us this kind of detailed information, before. It helped us take out three crew bosses and the acting head of the Chicago Outfit.”

Thanks to the FBI

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All-Star FBI Team Responds to Letter and Puts Its Stamp on Chicago Outfit

The letter that spilled the Outfit's Family Secrets arrived at the Chicago offices of the FBI in November 1998.

It was addressed to now-retired FBI supervisor Tom Bourgeois, who was then the organized crime section chief. It was from Outfit prince Frank Calabrese Jr., serving a prison sentence in Milan, Mich.

Junior offered to implicate his father, Frank Sr., and uncle Nick in the unsolved murder of Outfit hit man John Fecarotta.

"It came in the mail. I couldn't believe it," Bourgeois told me last week during an interview with current FBI agents at the FBI's expansive new headquarters on the West Side. "We went to Frank to authenticate what he told us in the letter. And then we formulated a strategy on how we were going to approach this case. Strategy was the most important part here."

The recently concluded Family Secrets case took agents countless hours transcribing and decoding prison-house code, in which, for example "Zhivago" meant the two murdered Spilotro brothers buried in a cornfield. It also sent them reinvestigating cold Outfit hits from 30 years ago.

"It's hard to explain to the public how much work is involved," said James Wagner, president of the Chicago Crime Commission and a former FBI supervisor, who trained several of the agents. "You have to sit and transcribe those conversations in paper format, and that takes days and days of work right there, a mountain of paperwork," Wagner said. "And go back and find old witnesses."

Family Secrets began long before the terrorist attacks of Sept. 11, 2001. There were two FBI squads working the Chicago Outfit then. One was working the Calabrese end, the family that ran the Chinatown crew through gambling, loan-sharking, extortion and murder. But there was another FBI squad focusing on mob-boss heir apparent Jimmy Marcello of the western suburbs, who was preparing to get out of prison and run things the Chicago way.

Both squads folded into one after 9/11. Though resources were shifted toward terrorism, the Chicago FBI kept some of its top people on the Family Secrets case that many of you have been reading about this summer.

This weekend, thousands of words and hours of video will be devoted to great sports plays, the stupendous touchdowns and home runs, and all that pressure on the necks of the Cubs and Bears, professional athletes whose names are known to millions.

FBI agents on Family Secrets aren't on baseball cards. Their names are not known. Yet they're a team more important than a bunch of ballplayers.

The lead case agent was Mike Maseth, who knew relatively little about the Outfit when he was assigned the Calabrese case at its beginning. He spent nine straight determined years working the case and countless hours with Nick Calabrese after he flipped him. And agent Anita Stamat, working on the Marcello angle, decoded the Outfit dialect with the help of Ted McNamara, the FBI's walking Outfit encyclopedia. Veteran John Mallul was the supervisor with the institutional memory who took over when Bourgeois retired.

"Ted McNamara was the mastermind with the code," Stamat said. "He's worked organized crime for 15 years. He helped guide us through the context of the prison conversations. We were recording them in the visiting room. There could be 200 people there, having their own conversations, and sometimes, Marcello would say, 'Cover your mouth,' to his brother Michael, thinking we were reading lips."

They didn't have to read lips, because they were listening and taping.

Other agents include Luigi Mondini, Chris Mackey, Christopher Smith, Tracy Balinao, Andrew Hickey, Mark Gutknecht, Dana DePooter, Trisha Holt and Tim Keese. And from the Internal Revenue Service, there were Bill Paulin, Laura Shimkus and Mike Welch.

You might not know their names, but mention Maseth or Stamat or Mallul or McNamara or the others around wise guys, and their faces freeze. The officials say is the new reputed Chinatown boss, Frank "Toots" Caruso, wouldn't be afraid of an NFL linebacker, but he'd tighten up if Ted McNamara came by for a pork chop sandwich at the Caruso polish sausage stand on 31st Street in Bridgeport.

Outfit bosses Joseph "the Clown" Lombardo, Frank Calabrese Sr. and Marcello will probably spend the rest of their lives in prison as a result of the case, and Paul "the Indian" Schiro might die inside too. The youngest person convicted in the Family Secrets trial is Anthony "Twan" Doyle, 62, not a boss but a Chicago cop who spilled police secrets about the Fecarotta murder to the Outfit.

Once the FBI flipped Nick Calabrese and began decoding the prison talk of his brother Frank and of Marcello, the case mushroomed. One phase is done. Other cases are being developed as you read this. "I feel this is what the FBI does best," Mallul said, "good old-fashioned police work and investigations, combined with fortuitous events that align themselves."

Like a mob princeling sending a letter to the FBI.

Thanks to John Kass

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Joseph Lopez Returns with More Shark Tales

I am happy to announce that I am back and the gag order is off.

I can say it was a long trial and quite an interesting mix of people. The jury was anonymous which added to the intrigue of the case. The spectators were plentiful and even tourists stopped by to see this trial. It was a long hot summer. The trial tested the system to its limits.

Most days, the court room was busting at its seems. In the end, it slowed down. There were over 100 witnesses and stipulations. There was a cart of evidence. The jury deliberated for many days and reached its decision after hours of deliberations and deadlocked on the others.

This is how the system works and that is why its great to live in America. Americans fought for this system and the other rights we enjoy. My colleagues were also a group of great lawyers with many different personalities which added to the mix. Of course, the defendants were the main attractions for the press and spectators. To me, they were the accused. - Joe Shark

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Richard Hauff Photo?

A reader is looking for a photo of Richard Hauff. He is a mob associate who had an attempted hit on his life, by Frank "The German" Schweihs and Joey "The Clown" Lombardo, thwarted by the Cook County Sheriff's police in 1964. I am not aware of any photos. If you can point us in the right direction, please pass one along.

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