The call came unexpectedly last August. The man on the line told Chicago Police Detective Salvador Esparza that his conscience was bothering him.
More than a quarter-century before, the man allegedly had witnessed the fatal shooting of pizza delivery driver Milton Rodriguez outside Bella's Pizza on Chicago's Near Northwest Side. The caller, a fellow driver, and several other witnesses allegedly did not come forward out of fear the killer was connected to the mob.
Time dulled the fear but not the guilt. Now, the witness was ready to talk.
Over the next eight months, detectives from the department's cold-case unit crisscrossed the country, finding other deliverymen from the pizzeria who worked that night and saw what happened. In questioning the men, Detectives John Pellegrini and Robert Rodriguez talked of Milton Rodriguez's daughter, just 3 at the time of the 1981 murder. They asked the witnesses what they would want done if it had been their families left behind.
"That was one of his last words," Pellegrini said of Milton Rodriguez. "He told one of the witnesses, 'What about my family?' as he was laying there dying."
On Wednesday, armed with the accounts of six eyewitnesses, authorities arrested Bella's Pizza owner Michael Cosmano, 56, in his Naperville home and charged him with Rodriguez's murder.
Sgt. Carlos Valez, who also worked on the investigation, said the witnesses were key.
"Sometimes that's all you need. Just one little piece," he said. "Then everything just fell into place."
Pellegrini called Rodriguez's daughter, who had been pressing police for years to solve her father's murder.
"She was ecstatic," he said.
On Thursday, Cook County Circuit Judge Donald Panarese ordered Cosmano held in lieu of $500,000 bail. Prosecutors at the hearing said Rodriguez was trying to organize his fellow pizza delivery drivers to carry out a work stoppage for better pay and working conditions. When he arrived for work, Rodriguez approached his manager first about getting pay raises, a conversation overheard by Cosmano, who then was 30.
Cosmano, whom prosecutors said had been using cocaine that day, became enraged and quarreled with Rodriguez. The manager had to separate them, telling Rodriguez to go outside, said Assistant State's Atty. Matthew Thrun.
Rodriguez allegedly walked out the back door and into an alley where the other drivers were, sat down on a short concrete wall and began drinking from a beer bottle another driver handed him. Inside the restaurant, Cosmano was talking to another employee, who told him that a few weeks earlier Rodriguez had argued with a cook close to Cosmano, Thrun said.
Cosmano flew into a rage again and went outside, yelling at Rodriguez, Thrun said. He then is alleged to have pulled a semiautomatic gun from the small of his back and pointed it at Rodriguez.
"What are you going to do, shoot me?" Thrun quoted the victim as saying. Cosmano fired a single bullet, piercing Rodriguez's heart, Thrun said.
Police found a .45 automatic shell casing at the scene and learned that at the time of the murder Cosmano had a registered semiautomatic pistol that fired a .45 bullet.
The witnesses didn't tell police what they saw back in 1981 "because they were intimidated by rumors of this defendant's ties to organized crime," Thrun said.
Police never determined any connections to the mob, said Cmdr. Ed O'Donnell of the central investigations unit.
Cosmano's wife, Nancy, said she was shocked by the arrest. She said her husband is not connected to the mob and is innocent of the murder.
Cosmano has five children age 14 to 29 from two marriages, she said. The oldest of four children, Cosmano started his pizza business 30 years ago with money he made on a real-estate deal. He also works part time as a security guard, she said, and the family regularly attends church. The family moved to Naperville 10 years ago.
"We do believe the truth will come to the surface," she said.
Cosmano was convicted of misdemeanor battery in Lombard in 1990 for which he received court supervision, according to court records.
His attorney, Anthony Onesto, said the rumors about Cosmano's ties to organized crime are unsubstantiated.
"It's unfortunate that anyone whose name ends in a vowel is connected with organized crime," Onesto said at the court hearing.
Onesto also said that Cosmano was included in a police lineup after the 1981 murder and that two eyewitnesses failed to identify him as the gunman at the time.
Thrun said the two witnesses who took part in that lineup are not among the same witnesses who came forward now.
Thanks to Robert Mitchum, Angela Rozas, James Kimberly
Friday, May 09, 2008
Reputed High-Ranking Gambino Figure Among 23 Named in Racketeering Indictment
A man the feds call one of the highest-ranking members of the Gambino crime family in New Jersey was among 23 people named Thursday in a racketeering indictment.
Andrew Merola, 41, of East Hanover was arrested and charged in an 82-page indictment with more than 20 counts that include running an illegal gambling ring, racketeering and extortion, among other charges.
Of the 23 people named in the indictment, 10 were arrested Thursday; the other 13 were issued summonses to appear in court.
Weysan Dun, the special agent in charge of the FBI in New Jersey, said all 23 people named in the indictment are reputed members and associates of Mafia factions. Also picked up in the sweep were Charles Muccigrosso, 68, of Newark, whom the FBI also described as a high-ranking Gambino crime family member, and Martin Taccetta, 56, of East Hanover, a reputed Lucchese crime family member who was granted a retrial in state court over a brutal 1980s murder.
Dun said the arrests were the result of a nearly two-year investigation. He said the bust would deal a significant blow to the Gambino crime family, coming on the heels of a large bust in New York that netted dozens of Gambino figures in February.
"Those out there in the 'wiseguy' community that think that crime pays: Forget about it," Dun said.
Some of the alleged schemes outlined in the indictment include manipulating union contract bidding; defrauding the chain store Lowe's by manufacturing fake bar codes to buy expensive power tools for pennies on the dollar, and rigging union jobs and construction contracts to force coffee cart vendors to pay kickbacks for being allowed to park their lunch trucks at construction sites.
Dun said that although the charges didn't involve physical violence, they were serious crimes that hurt honest working people.
"The message I hope organized crime families take from this is if they think law enforcement's focus on organized crime has diminished, you can be assured that we'll come after you," he said.
Thanks to Samantha Henry
Andrew Merola, 41, of East Hanover was arrested and charged in an 82-page indictment with more than 20 counts that include running an illegal gambling ring, racketeering and extortion, among other charges.
Of the 23 people named in the indictment, 10 were arrested Thursday; the other 13 were issued summonses to appear in court.
Weysan Dun, the special agent in charge of the FBI in New Jersey, said all 23 people named in the indictment are reputed members and associates of Mafia factions. Also picked up in the sweep were Charles Muccigrosso, 68, of Newark, whom the FBI also described as a high-ranking Gambino crime family member, and Martin Taccetta, 56, of East Hanover, a reputed Lucchese crime family member who was granted a retrial in state court over a brutal 1980s murder.
Dun said the arrests were the result of a nearly two-year investigation. He said the bust would deal a significant blow to the Gambino crime family, coming on the heels of a large bust in New York that netted dozens of Gambino figures in February.
"Those out there in the 'wiseguy' community that think that crime pays: Forget about it," Dun said.
Some of the alleged schemes outlined in the indictment include manipulating union contract bidding; defrauding the chain store Lowe's by manufacturing fake bar codes to buy expensive power tools for pennies on the dollar, and rigging union jobs and construction contracts to force coffee cart vendors to pay kickbacks for being allowed to park their lunch trucks at construction sites.
Dun said that although the charges didn't involve physical violence, they were serious crimes that hurt honest working people.
"The message I hope organized crime families take from this is if they think law enforcement's focus on organized crime has diminished, you can be assured that we'll come after you," he said.
Thanks to Samantha Henry
Thursday, May 08, 2008
Was Marilyn Monroe Whacked by the Chicago Mob?
The I-Team looked into one of Chicago's most feared mob hit men, Frank "The German" Schweihs and whether he was behind the mysterious death of Hollywood legend, Marilyn Monroe in 1962.
Frank Schweihs' cancer kept him from being tried with the rest of the family secrets clan last summer. But on Thursday morning in federal court, prosecutors will proceed with their plans to try Schweihs this fall on charges of mob crimes and murder.
There won't be paparazzi nor any mention of Marilyn Monroe
, even though her death and the death of a Chicago manicurist have been pinned on Schweihs.
In Chicago in 1962, the Dan Ryan Expressway opened. Mayor Richard J. Daley was in his second term. Integration started in the Chicago schools. The Cubs lost 101 games. And Frank Schweihs was a rising star in the Outfit, living in the west suburban home of his Outfit boss. By '62, Schweihs had been arrested as often as his age - he was 32 years old - for crimes from burglary to homicide. But he seemed to carry a get-out-of-jail-free card.
Even though he was German, Schweihs hung out in Greektown and it may have been during a night out there that he met a tall, slender 18-year-old manicurist, Eugenia Pappas. They called her Becca. They began to date to the dismay of her family.
"My sister came to see me eight days before she was murdered and I said, 'Please don't be involved with anyone like that because when you die, they just step over your body,'" said sister Diane Pappas.
It was advice not taken. Becca's body was found floating in the Chicago River. She had been shot through the heart, according to police, while sitting in the passenger seat of a car. Chicago detective Richard Cain, who led that investigation, was himself secretly on the mob's payroll. Schweihs was questioned but never charged.
Diane Pappas said she doesn't know what Schweihs' motive would've been.
"I wouldn't know. She was a naive 18-year old girl and that's all I know. She was smitten with him," Diane Pappas said.
The Pappas family cringed at reporting that Outfit bosses had ordered Schweihs to silence Becca because he had told her about his role in another murder.
A 1993 book about Marilyn Monroe, written by an L.A. private eye, concludes that "Eugenia Pappas found out about Marilyn Monroe," from Schweihs, who was then ordered to kill her. Whether that is true, Monroe's death was never officially ruled a suicide due to lack of evidence. Many investigators believe Monroe was *murdered* by the Chicago Outfit because of her connections to the Kennedy family and Chicago mob boss Sam "Momo" Giancana.
A police informant reportedly stated that Giancana deployed Schweihs and Anthony "Ant" Spilotro to kill Marilyn Monroe and make it look like a drug overdose.
John Flood spent 41 years in metro-Chicago law enforcement, most with the Cook County sheriff's police. He is now retired in Las Vegas and is considered an Outfit expert. Flood says there's a possibility they were involved because of the close relationship of Giancana, the Chicago boss, and Frank Sinatra. They would meet in Reno.
Flood says Schweihs, or Schways as he knew him, was the prime suspect in dozens of gangland hits.
"A cold-blooded, tough killer who would murder anyone if ordered to," Flood said of Schweihs.
In 1989, Schweihs was convicted of shaking down porno store owners and was recorded on an FBI tape boasting that he was the boss and no one else.
When the Family Secrets indictments were handed up in 2005, Schweihs went into hiding and was finally arrested in a Kentucky apartment house at age 76, living with a girlfriend, while his long-ago girlfriend can never rest in peace.
"How is that justice? Walking around for 45 years doing horrible deeds like he's always done? That's very unfortunate," said Diane Pappas. "I hope he goes to jail for the rest of his life and suffers pain with the cancer."
And after 45 years, Diane Pappas heeded the suggestion of her late husband, a career Chicago cop, not to be too public in accusing Frank Schweihs. A crotchety, bad tempered hoodlum, Schweihs has never buckled under the weight of authority and will likely take to his grave, whatever he may know about a Hollywood death that stunned the world and a Chicago murder that has divested a family.
Thanks to Chuck Goudie
Frank Schweihs' cancer kept him from being tried with the rest of the family secrets clan last summer. But on Thursday morning in federal court, prosecutors will proceed with their plans to try Schweihs this fall on charges of mob crimes and murder.
There won't be paparazzi nor any mention of Marilyn Monroe
, even though her death and the death of a Chicago manicurist have been pinned on Schweihs.In Chicago in 1962, the Dan Ryan Expressway opened. Mayor Richard J. Daley was in his second term. Integration started in the Chicago schools. The Cubs lost 101 games. And Frank Schweihs was a rising star in the Outfit, living in the west suburban home of his Outfit boss. By '62, Schweihs had been arrested as often as his age - he was 32 years old - for crimes from burglary to homicide. But he seemed to carry a get-out-of-jail-free card.
Even though he was German, Schweihs hung out in Greektown and it may have been during a night out there that he met a tall, slender 18-year-old manicurist, Eugenia Pappas. They called her Becca. They began to date to the dismay of her family.
"My sister came to see me eight days before she was murdered and I said, 'Please don't be involved with anyone like that because when you die, they just step over your body,'" said sister Diane Pappas.
It was advice not taken. Becca's body was found floating in the Chicago River. She had been shot through the heart, according to police, while sitting in the passenger seat of a car. Chicago detective Richard Cain, who led that investigation, was himself secretly on the mob's payroll. Schweihs was questioned but never charged.
Diane Pappas said she doesn't know what Schweihs' motive would've been.
"I wouldn't know. She was a naive 18-year old girl and that's all I know. She was smitten with him," Diane Pappas said.
The Pappas family cringed at reporting that Outfit bosses had ordered Schweihs to silence Becca because he had told her about his role in another murder.
A 1993 book about Marilyn Monroe, written by an L.A. private eye, concludes that "Eugenia Pappas found out about Marilyn Monroe," from Schweihs, who was then ordered to kill her. Whether that is true, Monroe's death was never officially ruled a suicide due to lack of evidence. Many investigators believe Monroe was *murdered* by the Chicago Outfit because of her connections to the Kennedy family and Chicago mob boss Sam "Momo" Giancana.
A police informant reportedly stated that Giancana deployed Schweihs and Anthony "Ant" Spilotro to kill Marilyn Monroe and make it look like a drug overdose.John Flood spent 41 years in metro-Chicago law enforcement, most with the Cook County sheriff's police. He is now retired in Las Vegas and is considered an Outfit expert. Flood says there's a possibility they were involved because of the close relationship of Giancana, the Chicago boss, and Frank Sinatra. They would meet in Reno.
Flood says Schweihs, or Schways as he knew him, was the prime suspect in dozens of gangland hits.
"A cold-blooded, tough killer who would murder anyone if ordered to," Flood said of Schweihs.
In 1989, Schweihs was convicted of shaking down porno store owners and was recorded on an FBI tape boasting that he was the boss and no one else.
When the Family Secrets indictments were handed up in 2005, Schweihs went into hiding and was finally arrested in a Kentucky apartment house at age 76, living with a girlfriend, while his long-ago girlfriend can never rest in peace.
"How is that justice? Walking around for 45 years doing horrible deeds like he's always done? That's very unfortunate," said Diane Pappas. "I hope he goes to jail for the rest of his life and suffers pain with the cancer."
And after 45 years, Diane Pappas heeded the suggestion of her late husband, a career Chicago cop, not to be too public in accusing Frank Schweihs. A crotchety, bad tempered hoodlum, Schweihs has never buckled under the weight of authority and will likely take to his grave, whatever he may know about a Hollywood death that stunned the world and a Chicago murder that has divested a family.
Thanks to Chuck Goudie
The Godfather Doctrine Applied in Today's World
IT IS ONE of the most well-known scenes in cinematic history. Don Vito Corleone, head of the most powerful of New York’s organized-crime families, walks alone across the street from his office to buy some oranges from the fruit stand. He mumbles pleasantly to the Chinese owner, then turns his attention to the task at hand. However, his peaceful idyll is shattered by the sounds of running feet and multiple gunshots—and he is left bleeding to death in the street, as his son Fredo cradles his body.
By a miracle, he is not dead, only gravely wounded. His two other sons, Santino (Sonny) and Michael, as well as his consigliere, Tom Hagen, an adopted son himself, gather in an atmosphere of shock and panic to try to decide what to do next—and how to respond to the attempted assassination of the don by Virgil “the Turk” Sollozzo. This, of course, is the hinge of Francis Ford Coppola’s The Godfather, one of the greatest movies ever produced by American cinema. However, given the present changes in the world’s power structure, the movie also becomes a startlingly useful metaphor for the strategic problems of our times.
The aging Vito Corleone, emblematic of cold-war American power, is struck down suddenly and violently by forces he did not expect and does not understand, much as America was on September 11. Even more intriguingly, each of his three “heirs” embraces a very different vision of how the family should move forward following this wrenching moment. Tom Hagen, Sonny and Michael approximate the three American foreign-policy schools of thought—liberal institutionalism, neoconservatism and realism—vying for control in today’s disarranged world order.
The Consigliere
AS VITO’S heirs gather, the future of the Corleone dynasty hangs in the balance. The first to offer a strategy is Tom, the German-Irish transplant who serves as consigliere (chief legal advisor) to the clan. Though an adopted son, Tom is the most familiar with the inner workings of the New York crime world. As family lawyer and diplomat, he is responsible for navigating the complex network of street alliances, backroom treaties and political favors that surround and sustain the family empire. His view of the Sollozzo threat and how the family should respond to it are outgrowths of a legal-diplomatic worldview that shares a number of philosophical similarities with the liberal institutionalism that dominates the foreign-policy outlook of today’s Democratic Party.
First, like many modern Democrats, Tom believes that the family’s main objective should be to return as quickly as possible to the world as it existed before the attack. His overriding strategic aim is the one that Hillary Clinton had in mind when she wrote in a recent Foreign Affairs article of the need for America to “reclaim its proper place in the world.” The “proper place” Tom wants to reclaim is a mirror image of the one that American politicians remember from the 1990s and dream of restoring after 2008—that of the world’s “benign hegemon.”
This is the system that Tom, in his role as consigliere, was responsible for maintaining. By sharing access to the policemen, judges and senators that (as Sollozzo puts it) the don “carries in his pocket like so many nickels and dimes,” the family managed to create a kind of Sicilian Bretton Woods—a system of political and economic public goods that benefited not only the Corleones, but the entire mafia community. This willingness to let the other crime syndicates drink from the well of Corleone political influence rendered the don’s disproportionate accumulation of power more palatable to the other families, who were less inclined to form a countervailing coalition against it. The result was a consensual, rules-based order that offered many of the same benefits—low transaction costs of rule, less likelihood of great-power war and the chance to make money under an institutional umbrella—that America enjoyed during the cold war.
It is this “Pax Corleone” that Sollozzo, in Tom’s eyes, must not be allowed to disrupt. In dealing with the new challenger, however, Tom believes that the brothers must be careful not to do anything that would damage the family business. The way to handle Sollozzo, he judges, is not through force but through negotiation—a second trait linking him to today’s liberal institutionalists. Like more than one of the leading Democratic contenders for the presidency, Tom thinks that even a rogue power like Sollozzo can be brought to terms, if only the family will take the time to hear his proposals and accommodate his needs.
Throughout the movie, Tom’s motto is “we oughta talk to ‘em”—a slogan which, especially since the publication of the National Intelligence Estimate on Iran, is the line promoted by the lawmakers and presidential hopefuls of the Democratic Party, who now say that immediate, unconditional talks with America’s latest “Sollozzo” (Mahmoud Ahmadinejad) are the only option still open to Washington for coping with the Iranian nuclear crisis.
The party’s growing veneration of diplomacy as the sine qua non of American statecraft rests, as it did for Tom, on two assumptions: first, that despite their aggressive posturing, the Sollozzos of the world would rather be status quo than revolutionary powers; and, second, that the other big families have a vested interest in sustaining the Pax Corleone and will therefore not use the family’s distraction with Sollozzo as an opportunity to make their own power grabs. Working from these assumptions, today’s consiglieres have prescribed the same course of action regarding Iran that Tom prescribed for dealing with Sollozzo: a process of intensified, reward-laden negotiation that they believe will pave the way for his admission as a normalized player into the family’s rules-based community.
This near-religious belief in the efficacy of diplomacy brings Tom into bitter conflict with those in the family, led by Sonny, who favor a military response to Sollozzo. To Tom, as to many Democrats, Sonny’s reveling in the family muscle runs counter to the logic of institutionalized restraint that Vito used to build the family empire. In the world that Tom knows, force is used judiciously and as a last resort: only on the rarest of occasions, and after repeated attempts at negotiation, would the don dispatch Luca Brazi to cajole and threaten an opponent—“To make them an offer they can’t refuse”—and even then, it was usually with the foreknowledge and multilateral consent of the other families. By contrast, the street war Sonny launches against Sollozzo is an act of reckless unilateralism, which, unless ended, threatens to upset Tom’s finely tuned institutional order and squander the hard-won gains of the Pax Corleone.
At first blush, Tom’s critique of Sonny’s militarist strategy sounds reasonable. Compared with the eldest son’s promiscuous expenditures of Corleone blood, treasure and clout, Tom’s workmanlike emphasis on consensus building has much to recommend it; if successful, it would permit the Corleones to resume their peaceful hegemony to their own and the other families’ benefit. But the hope Tom offers the family is a false one.
For in order to be successful, the consigliere’s diplomacy must be conducted from a position of unparalleled strength, which the family no longer possesses. Tom no longer has the luxury of always being the man at the table with the most leverage. The era of easy Corleone dominance is over. Power on the streets has already begun to shift into the hands of the Tataglias and Barzinis—the mafia equivalent of today’s BRICs (Brazil, Russia, India and China). Like the current international system, the situation that confronts the Corleone family is one of increasing multipolarity—a reality that is lost on Tom, who thinks he is still the emissary of the dominant superpower (a delusion that many Democrats apparently share).
But even if Tom doesn’t know the world is shifting, Sollozzo does. Like the two-bit petty tyrants that challenge Washington with mounting confidence in today’s world, Sollozzo senses that fundamental changes are underway in the global system and knows that they give him greater latitude for defying the Corleones than he had in the past. As Sollozzo tells Tom, “The old man is slipping; ten years ago I couldn’t have gotten to him.” The consigliere is wrong about Sollozzo. He is not, like challengers in the past, out to join the Pax Corleone. He is an opportunist who will take things as they come—either as a revolutionary power or a status quo power, but certainly as one out to accelerate and profit from the transition to multipolarity. The other families have no more incentive to thwart his maneuvers than Russia and China have to thwart those of Iran. And because Tom fails to see this, his strategy is the wrong one for the family, and the wrong one for America.
Shoot First and Ask Questions Later
SONNY’S SIMPLISTIC response to the crisis is to advocate “toughness” through military action, a one-note policy prescription for waging righteous war against the rest of the ungrateful mafia world. Disdaining Tom’s pleas that business will suffer, Sonny’s damn-the-torpedoes approach belies a deep-seated fear that the only way to reestablish the family’s dominance is to eradicate all possible future threats to it. While such a strategy makes emotional sense following the attempted hit on his father, it runs counter to the long-term interests of the family.
The don himself knew that threats against his position were a fact of life; while his policy revolved around minimizing them, he knew well that in a world governed by power, they could never be entirely eliminated. As he put it to Michael, “Men cannot afford to be careless.” By contrast, Sonny’s neoconservative approach is built around the strategically reckless notion that risk can be eliminated from life altogether through the relentless—and if necessary, preemptive—use of violence.
In Sonny, Tom is confronted with the cinematic archetype of the modern-day neoconservative hard-liner. Their resulting feud resembles the pitched political warfare between Democrats and neoconservatives that has come to dominate the American political landscape:
Tom Hagen, the liberal institutionalist: “We oughta hear what they have to say.”
Sonny, the neocon: “No, no more. Not this time, consigliere; no more meetings, no more discussions, no more Sollozzo tricks. . . . And do me a favor: no more advice on how to patch things up—just help me win alright?”
Where Tom sees Sollozzo as a reasonable if aggressive businessman whose concerns, like those of previous challengers, can be accommodated through compromise and conciliation, Sonny sees an existential threat—a clear and present danger that must be swiftly cauterized, no matter what the cost. Sonny wants to “stop being weak” and doesn’t want to “waste time”; showing any opposition to using force confirms for him that “I knew you didn’t have the guts to do this.” (One can imagine that Sonny’s shoot-first-and-ask-questions-later approach would meet with the firm approval of arch-neoconservatives such as Norman Podhoretz and Michael Ledeen, given their stance on how to deal with Iran.)
So, by starting a gangland free-for-all in the wake of the hit on his father, Sonny unwittingly severs long-standing family alliances and unites much of the rest of the mafia world against the Corleones. The resulting war is one of choice rather than strategic necessity. Sonny’s rash instinct to use military power to solve his structural problems merely hastens the family’s decline.
For as the past few years have shown, military intervention for its own sake, without a corresponding political plan, leads only to disaster. Yearning for the moral clarity that the Corleones’ past dominance had given them—a dominance not dissimilar to that enjoyed by America during the cold war—Sonny cannot begin to comprehend that the era that made his military strategy possible has come to an end. Blinded by a militant moralism bereft of strategic insight, he proves an easy target for his foes. Unwisely, and against the advice of his mother, Sonny attempts to arbitrate the escalating domestic disputes between his sister, Connie, and her abusive husband, Carlo Ricci, failing to see that the beatings his sister endured from Carlo came at the behest of Don Barzini, the Corleone’s closest peer competitor. For Sonny’s reaction to all the evils of the world, whether beyond his ability to solve or not, is entirely predictable: “Attack.” Unilaterally rushing to avenge his sister by pummeling Carlo, Sonny is struck down by his legion of foes, his body riddled with bullets. As has proven true for the neoconservatives over Iraq, there is a depressing logic to his hit. In place of understanding the world, Sonny based his strategy on accosting it; the world striking back, as happened in Iraq, is an obvious conclusion.
Michael’s Realism
THE STRATEGY that ultimately saves the Corleone family from the Sollozzo threat and equips it for coping with multipolarity comes from Michael, the youngest and least experienced of the don’s sons. Unlike Tom, whose labors as family lawyer have produced an exaggerated devotion to negotiation, and Sonny, whose position as untested heir apparent has produced a zeal for utilizing the family arsenal, Michael has no formulaic fixation on a particular policy instrument. Instead, his overriding goal is to protect the family’s interests and save it from impending ruin by any and all means necessary. In today’s foreign-policy terminology, Michael is a realist.
Viewing the world through untinted lenses, he sees that the age of dominance the family enjoyed for so long under his father is ending. Alone among the three brothers, Michael senses that a shift is underway toward a more diffuse power arrangement, in which multiple power centers will jockey for position and influence. To survive and succeed in this new environment, Michael knows the family will have to adapt.
First, Michael relinquishes the mechanistic, one-trick-pony policy approaches of his brothers in favor of a “toolbox,” in which soft and hard power are used in flexible combinations and as circumstances dictate. While at various times he sides with Tom (favoring negotiation) or Sonny (favoring force), Michael sees their positions as about tactics and not about ultimate strategy, which for him is solely to ensure the survival and prosperity of the family. Thus, he is able to use Sonny’s “button men” to knock out those competitors he cannot co-opt, while negotiating with the rest as Tom would like. This blending of sticks and carrots ensures that Michael is ultimately a more effective diplomat than Tom and a more successful warrior than Sonny: when he enters negotiations, it is always in the wake of a fresh battlefield victory and therefore from a position of strength; when he embarks on a new military campaign, it is always in pursuit of a specific goal that can be consolidated afterwards diplomatically. Can any of the Iran policies currently being advocated by the leading candidates of both parties be said to proceed from these assumptions?
Second, Michael understands that no matter how strong its military or how savvy its diplomats, the Corleone family will not succeed in the multipolar environment ahead unless it learns to take better care of its allies. Like America after the Iraq War, the mafia empire that Michael inherits after the hit on Sonny possesses a system of alliances on the brink of collapse. Having flocked to the Corleone colors when the war against Sollozzo broke out, the family’s allies—like America’s in the “New” Europe—have little to show for the risks they have undertaken on the family’s behalf. Exhausted by war and estranged by Sonny’s Rumsfeld-like bullying, they have begun to question whether it is still in their interests to backstop a declining superpower that is apparently not interested in retaining their loyalty.
For all his talk about diplomacy, Tom believes in the family’s dominance; like today’s liberal institutionalists, he assumes that allies will continue to pay fealty to the family as a matter of course, as they have in the past. Similarly, Sonny assumes that other powers will gravitate toward the family or risk irrelevance; like most neocons, he sees allies as essentially disposable. By contrast, Michael intuitively grasps the value of family friends and the role that reciprocity plays in retaining their support for future crises. Thus, he is seen offering encouragement and a cigarette to Enzo, the timid neighborhood baker, whose help he enlisted to protect his father at the hospital. In this, he is imitating his father, Vito, who saw alliances as the true foundation of Corleone power and was mindful of the need to tend the family’s “base” of support, not only with big players like Clemenza and Tessio (Britain and France) but with small players like the cake maker and undertaker (Poland and Romania), whose loyalty he is seen cultivating in the opening scenes of the movie. As Michael knows, even small allies could potentially prove crucial in “tipping the scales” to the family’s advantage, as they will for America, once multipolarity is in full swing. Relearning the lost Sicilian art of alliance management will be necessary if Washington is to regain the confidence of the growing list of allies whose blood and treasure were frittered away, with little or nothing to show in return, in the sands of Iraq.
Finally, while addressing the family’s immediate need for a more versatile policy tool kit and shoring up its teetering alliances, Michael also takes steps to adjust the institutional playing field to the Corleones’ advantage on a more fundamental, long-term basis. Where Tom sees institutions as essentially static edifices that act as sources of power in their own right and Sonny sees them as needless hindrances to be bypassed, Michael sees institutions for what they truly are: conduits of influence that “reflect and ratify” but do not supplant deeper power realities. When the distribution of power shifts, institutions are sure to follow. As the Tataglias and Barzinis gain strength, Michael knows they will eventually overturn the existing order and replace it with an institutional rule book that better reflects their own needs and interests. Evidence that this process is already underway can be seen in the ease with which Sollozzo is able to enlist the support of a local precinct captain—the mafia equivalent of a UN mandate—when police loyalties formerly belonged to the Corleones. Similarly, Washington increasingly finds the very institutions it created after World War II being used against it by today’s rising powers, even as new structures are being built (like the Shanghai Cooperation Organization) that exclude the United States as a participant altogether.
Rather than ignoring this phenomenon like Tom or launching a frontal assault against it like Sonny, Michael sees it as a hidden opportunity. For Michael knows that if the family acts decisively, before the Tataglias and Barzinis have acquired a commanding margin of power, it can rearrange the existing institutional setup in ways that satisfy the new power centers but still serve vital Corleone interests. This he does through a combination of accommodation (dropping the family’s resistance to narcotics and granting the other families access to the Coreleones’ coveted New York political machinery) and institutional retrenchment (shifting the family business to Nevada and giving the other families a stake in the Corleones’ new moneymaker, Las Vegas gambling). In this way, Michael is able to give would-be rivals renewed incentives to bandwagon with, rather than balance against, the Corleone empire, while forcing them to deal with him on his own terms.
A similar technique could prove very useful for America in anticipating and preparing the way for the emergence of its Tataglias and Barzinis, the rising and resurgent powers. Such an effort at preemptive institutional regrouping, with decision making predicated on new global power realities, is vital if America’s new peer competitors are to eschew the temptation to position themselves as revolutionary powers in the new system. Doing so now, while the transition from the old system to multipolarity is still underway and before the wet cement of the new order has hardened, could help to ensure that while it no longer enjoys the privileged status of hegemon, America is able to position itself, like the Corleones, as the next best thing: primus inter pares—“first among equals.”
CAN ANY of the candidates vying to become the next president of the United States match Michael’s cool, dispassionate courage in the face of epochal change? Will they avoid living in the comforting embrace of the past, from which both Tom and Sonny ultimately could not escape? Or will they emulate Michael’s flexibility—to preserve America’s position in a dangerous world?
Thanks to John C. Hulsman and A. Wess Mitchell
By a miracle, he is not dead, only gravely wounded. His two other sons, Santino (Sonny) and Michael, as well as his consigliere, Tom Hagen, an adopted son himself, gather in an atmosphere of shock and panic to try to decide what to do next—and how to respond to the attempted assassination of the don by Virgil “the Turk” Sollozzo. This, of course, is the hinge of Francis Ford Coppola’s The Godfather, one of the greatest movies ever produced by American cinema. However, given the present changes in the world’s power structure, the movie also becomes a startlingly useful metaphor for the strategic problems of our times.
The aging Vito Corleone, emblematic of cold-war American power, is struck down suddenly and violently by forces he did not expect and does not understand, much as America was on September 11. Even more intriguingly, each of his three “heirs” embraces a very different vision of how the family should move forward following this wrenching moment. Tom Hagen, Sonny and Michael approximate the three American foreign-policy schools of thought—liberal institutionalism, neoconservatism and realism—vying for control in today’s disarranged world order.
The Consigliere
AS VITO’S heirs gather, the future of the Corleone dynasty hangs in the balance. The first to offer a strategy is Tom, the German-Irish transplant who serves as consigliere (chief legal advisor) to the clan. Though an adopted son, Tom is the most familiar with the inner workings of the New York crime world. As family lawyer and diplomat, he is responsible for navigating the complex network of street alliances, backroom treaties and political favors that surround and sustain the family empire. His view of the Sollozzo threat and how the family should respond to it are outgrowths of a legal-diplomatic worldview that shares a number of philosophical similarities with the liberal institutionalism that dominates the foreign-policy outlook of today’s Democratic Party.
First, like many modern Democrats, Tom believes that the family’s main objective should be to return as quickly as possible to the world as it existed before the attack. His overriding strategic aim is the one that Hillary Clinton had in mind when she wrote in a recent Foreign Affairs article of the need for America to “reclaim its proper place in the world.” The “proper place” Tom wants to reclaim is a mirror image of the one that American politicians remember from the 1990s and dream of restoring after 2008—that of the world’s “benign hegemon.”
This is the system that Tom, in his role as consigliere, was responsible for maintaining. By sharing access to the policemen, judges and senators that (as Sollozzo puts it) the don “carries in his pocket like so many nickels and dimes,” the family managed to create a kind of Sicilian Bretton Woods—a system of political and economic public goods that benefited not only the Corleones, but the entire mafia community. This willingness to let the other crime syndicates drink from the well of Corleone political influence rendered the don’s disproportionate accumulation of power more palatable to the other families, who were less inclined to form a countervailing coalition against it. The result was a consensual, rules-based order that offered many of the same benefits—low transaction costs of rule, less likelihood of great-power war and the chance to make money under an institutional umbrella—that America enjoyed during the cold war.
It is this “Pax Corleone” that Sollozzo, in Tom’s eyes, must not be allowed to disrupt. In dealing with the new challenger, however, Tom believes that the brothers must be careful not to do anything that would damage the family business. The way to handle Sollozzo, he judges, is not through force but through negotiation—a second trait linking him to today’s liberal institutionalists. Like more than one of the leading Democratic contenders for the presidency, Tom thinks that even a rogue power like Sollozzo can be brought to terms, if only the family will take the time to hear his proposals and accommodate his needs.
Throughout the movie, Tom’s motto is “we oughta talk to ‘em”—a slogan which, especially since the publication of the National Intelligence Estimate on Iran, is the line promoted by the lawmakers and presidential hopefuls of the Democratic Party, who now say that immediate, unconditional talks with America’s latest “Sollozzo” (Mahmoud Ahmadinejad) are the only option still open to Washington for coping with the Iranian nuclear crisis.
The party’s growing veneration of diplomacy as the sine qua non of American statecraft rests, as it did for Tom, on two assumptions: first, that despite their aggressive posturing, the Sollozzos of the world would rather be status quo than revolutionary powers; and, second, that the other big families have a vested interest in sustaining the Pax Corleone and will therefore not use the family’s distraction with Sollozzo as an opportunity to make their own power grabs. Working from these assumptions, today’s consiglieres have prescribed the same course of action regarding Iran that Tom prescribed for dealing with Sollozzo: a process of intensified, reward-laden negotiation that they believe will pave the way for his admission as a normalized player into the family’s rules-based community.
This near-religious belief in the efficacy of diplomacy brings Tom into bitter conflict with those in the family, led by Sonny, who favor a military response to Sollozzo. To Tom, as to many Democrats, Sonny’s reveling in the family muscle runs counter to the logic of institutionalized restraint that Vito used to build the family empire. In the world that Tom knows, force is used judiciously and as a last resort: only on the rarest of occasions, and after repeated attempts at negotiation, would the don dispatch Luca Brazi to cajole and threaten an opponent—“To make them an offer they can’t refuse”—and even then, it was usually with the foreknowledge and multilateral consent of the other families. By contrast, the street war Sonny launches against Sollozzo is an act of reckless unilateralism, which, unless ended, threatens to upset Tom’s finely tuned institutional order and squander the hard-won gains of the Pax Corleone.
At first blush, Tom’s critique of Sonny’s militarist strategy sounds reasonable. Compared with the eldest son’s promiscuous expenditures of Corleone blood, treasure and clout, Tom’s workmanlike emphasis on consensus building has much to recommend it; if successful, it would permit the Corleones to resume their peaceful hegemony to their own and the other families’ benefit. But the hope Tom offers the family is a false one.
For in order to be successful, the consigliere’s diplomacy must be conducted from a position of unparalleled strength, which the family no longer possesses. Tom no longer has the luxury of always being the man at the table with the most leverage. The era of easy Corleone dominance is over. Power on the streets has already begun to shift into the hands of the Tataglias and Barzinis—the mafia equivalent of today’s BRICs (Brazil, Russia, India and China). Like the current international system, the situation that confronts the Corleone family is one of increasing multipolarity—a reality that is lost on Tom, who thinks he is still the emissary of the dominant superpower (a delusion that many Democrats apparently share).
But even if Tom doesn’t know the world is shifting, Sollozzo does. Like the two-bit petty tyrants that challenge Washington with mounting confidence in today’s world, Sollozzo senses that fundamental changes are underway in the global system and knows that they give him greater latitude for defying the Corleones than he had in the past. As Sollozzo tells Tom, “The old man is slipping; ten years ago I couldn’t have gotten to him.” The consigliere is wrong about Sollozzo. He is not, like challengers in the past, out to join the Pax Corleone. He is an opportunist who will take things as they come—either as a revolutionary power or a status quo power, but certainly as one out to accelerate and profit from the transition to multipolarity. The other families have no more incentive to thwart his maneuvers than Russia and China have to thwart those of Iran. And because Tom fails to see this, his strategy is the wrong one for the family, and the wrong one for America.
Shoot First and Ask Questions Later
SONNY’S SIMPLISTIC response to the crisis is to advocate “toughness” through military action, a one-note policy prescription for waging righteous war against the rest of the ungrateful mafia world. Disdaining Tom’s pleas that business will suffer, Sonny’s damn-the-torpedoes approach belies a deep-seated fear that the only way to reestablish the family’s dominance is to eradicate all possible future threats to it. While such a strategy makes emotional sense following the attempted hit on his father, it runs counter to the long-term interests of the family.
The don himself knew that threats against his position were a fact of life; while his policy revolved around minimizing them, he knew well that in a world governed by power, they could never be entirely eliminated. As he put it to Michael, “Men cannot afford to be careless.” By contrast, Sonny’s neoconservative approach is built around the strategically reckless notion that risk can be eliminated from life altogether through the relentless—and if necessary, preemptive—use of violence.
In Sonny, Tom is confronted with the cinematic archetype of the modern-day neoconservative hard-liner. Their resulting feud resembles the pitched political warfare between Democrats and neoconservatives that has come to dominate the American political landscape:
Tom Hagen, the liberal institutionalist: “We oughta hear what they have to say.”
Sonny, the neocon: “No, no more. Not this time, consigliere; no more meetings, no more discussions, no more Sollozzo tricks. . . . And do me a favor: no more advice on how to patch things up—just help me win alright?”
Where Tom sees Sollozzo as a reasonable if aggressive businessman whose concerns, like those of previous challengers, can be accommodated through compromise and conciliation, Sonny sees an existential threat—a clear and present danger that must be swiftly cauterized, no matter what the cost. Sonny wants to “stop being weak” and doesn’t want to “waste time”; showing any opposition to using force confirms for him that “I knew you didn’t have the guts to do this.” (One can imagine that Sonny’s shoot-first-and-ask-questions-later approach would meet with the firm approval of arch-neoconservatives such as Norman Podhoretz and Michael Ledeen, given their stance on how to deal with Iran.)
So, by starting a gangland free-for-all in the wake of the hit on his father, Sonny unwittingly severs long-standing family alliances and unites much of the rest of the mafia world against the Corleones. The resulting war is one of choice rather than strategic necessity. Sonny’s rash instinct to use military power to solve his structural problems merely hastens the family’s decline.
For as the past few years have shown, military intervention for its own sake, without a corresponding political plan, leads only to disaster. Yearning for the moral clarity that the Corleones’ past dominance had given them—a dominance not dissimilar to that enjoyed by America during the cold war—Sonny cannot begin to comprehend that the era that made his military strategy possible has come to an end. Blinded by a militant moralism bereft of strategic insight, he proves an easy target for his foes. Unwisely, and against the advice of his mother, Sonny attempts to arbitrate the escalating domestic disputes between his sister, Connie, and her abusive husband, Carlo Ricci, failing to see that the beatings his sister endured from Carlo came at the behest of Don Barzini, the Corleone’s closest peer competitor. For Sonny’s reaction to all the evils of the world, whether beyond his ability to solve or not, is entirely predictable: “Attack.” Unilaterally rushing to avenge his sister by pummeling Carlo, Sonny is struck down by his legion of foes, his body riddled with bullets. As has proven true for the neoconservatives over Iraq, there is a depressing logic to his hit. In place of understanding the world, Sonny based his strategy on accosting it; the world striking back, as happened in Iraq, is an obvious conclusion.
Michael’s Realism
THE STRATEGY that ultimately saves the Corleone family from the Sollozzo threat and equips it for coping with multipolarity comes from Michael, the youngest and least experienced of the don’s sons. Unlike Tom, whose labors as family lawyer have produced an exaggerated devotion to negotiation, and Sonny, whose position as untested heir apparent has produced a zeal for utilizing the family arsenal, Michael has no formulaic fixation on a particular policy instrument. Instead, his overriding goal is to protect the family’s interests and save it from impending ruin by any and all means necessary. In today’s foreign-policy terminology, Michael is a realist.
Viewing the world through untinted lenses, he sees that the age of dominance the family enjoyed for so long under his father is ending. Alone among the three brothers, Michael senses that a shift is underway toward a more diffuse power arrangement, in which multiple power centers will jockey for position and influence. To survive and succeed in this new environment, Michael knows the family will have to adapt.
First, Michael relinquishes the mechanistic, one-trick-pony policy approaches of his brothers in favor of a “toolbox,” in which soft and hard power are used in flexible combinations and as circumstances dictate. While at various times he sides with Tom (favoring negotiation) or Sonny (favoring force), Michael sees their positions as about tactics and not about ultimate strategy, which for him is solely to ensure the survival and prosperity of the family. Thus, he is able to use Sonny’s “button men” to knock out those competitors he cannot co-opt, while negotiating with the rest as Tom would like. This blending of sticks and carrots ensures that Michael is ultimately a more effective diplomat than Tom and a more successful warrior than Sonny: when he enters negotiations, it is always in the wake of a fresh battlefield victory and therefore from a position of strength; when he embarks on a new military campaign, it is always in pursuit of a specific goal that can be consolidated afterwards diplomatically. Can any of the Iran policies currently being advocated by the leading candidates of both parties be said to proceed from these assumptions?
Second, Michael understands that no matter how strong its military or how savvy its diplomats, the Corleone family will not succeed in the multipolar environment ahead unless it learns to take better care of its allies. Like America after the Iraq War, the mafia empire that Michael inherits after the hit on Sonny possesses a system of alliances on the brink of collapse. Having flocked to the Corleone colors when the war against Sollozzo broke out, the family’s allies—like America’s in the “New” Europe—have little to show for the risks they have undertaken on the family’s behalf. Exhausted by war and estranged by Sonny’s Rumsfeld-like bullying, they have begun to question whether it is still in their interests to backstop a declining superpower that is apparently not interested in retaining their loyalty.
For all his talk about diplomacy, Tom believes in the family’s dominance; like today’s liberal institutionalists, he assumes that allies will continue to pay fealty to the family as a matter of course, as they have in the past. Similarly, Sonny assumes that other powers will gravitate toward the family or risk irrelevance; like most neocons, he sees allies as essentially disposable. By contrast, Michael intuitively grasps the value of family friends and the role that reciprocity plays in retaining their support for future crises. Thus, he is seen offering encouragement and a cigarette to Enzo, the timid neighborhood baker, whose help he enlisted to protect his father at the hospital. In this, he is imitating his father, Vito, who saw alliances as the true foundation of Corleone power and was mindful of the need to tend the family’s “base” of support, not only with big players like Clemenza and Tessio (Britain and France) but with small players like the cake maker and undertaker (Poland and Romania), whose loyalty he is seen cultivating in the opening scenes of the movie. As Michael knows, even small allies could potentially prove crucial in “tipping the scales” to the family’s advantage, as they will for America, once multipolarity is in full swing. Relearning the lost Sicilian art of alliance management will be necessary if Washington is to regain the confidence of the growing list of allies whose blood and treasure were frittered away, with little or nothing to show in return, in the sands of Iraq.
Finally, while addressing the family’s immediate need for a more versatile policy tool kit and shoring up its teetering alliances, Michael also takes steps to adjust the institutional playing field to the Corleones’ advantage on a more fundamental, long-term basis. Where Tom sees institutions as essentially static edifices that act as sources of power in their own right and Sonny sees them as needless hindrances to be bypassed, Michael sees institutions for what they truly are: conduits of influence that “reflect and ratify” but do not supplant deeper power realities. When the distribution of power shifts, institutions are sure to follow. As the Tataglias and Barzinis gain strength, Michael knows they will eventually overturn the existing order and replace it with an institutional rule book that better reflects their own needs and interests. Evidence that this process is already underway can be seen in the ease with which Sollozzo is able to enlist the support of a local precinct captain—the mafia equivalent of a UN mandate—when police loyalties formerly belonged to the Corleones. Similarly, Washington increasingly finds the very institutions it created after World War II being used against it by today’s rising powers, even as new structures are being built (like the Shanghai Cooperation Organization) that exclude the United States as a participant altogether.
Rather than ignoring this phenomenon like Tom or launching a frontal assault against it like Sonny, Michael sees it as a hidden opportunity. For Michael knows that if the family acts decisively, before the Tataglias and Barzinis have acquired a commanding margin of power, it can rearrange the existing institutional setup in ways that satisfy the new power centers but still serve vital Corleone interests. This he does through a combination of accommodation (dropping the family’s resistance to narcotics and granting the other families access to the Coreleones’ coveted New York political machinery) and institutional retrenchment (shifting the family business to Nevada and giving the other families a stake in the Corleones’ new moneymaker, Las Vegas gambling). In this way, Michael is able to give would-be rivals renewed incentives to bandwagon with, rather than balance against, the Corleone empire, while forcing them to deal with him on his own terms.
A similar technique could prove very useful for America in anticipating and preparing the way for the emergence of its Tataglias and Barzinis, the rising and resurgent powers. Such an effort at preemptive institutional regrouping, with decision making predicated on new global power realities, is vital if America’s new peer competitors are to eschew the temptation to position themselves as revolutionary powers in the new system. Doing so now, while the transition from the old system to multipolarity is still underway and before the wet cement of the new order has hardened, could help to ensure that while it no longer enjoys the privileged status of hegemon, America is able to position itself, like the Corleones, as the next best thing: primus inter pares—“first among equals.”
CAN ANY of the candidates vying to become the next president of the United States match Michael’s cool, dispassionate courage in the face of epochal change? Will they avoid living in the comforting embrace of the past, from which both Tom and Sonny ultimately could not escape? Or will they emulate Michael’s flexibility—to preserve America’s position in a dangerous world?
Thanks to John C. Hulsman and A. Wess Mitchell
NY Attorney General Launches Fight Against Organized Crime Movie Piracy
Attorney General Andrew M. Cuomo announced the introduction of legislation to combat the creation, distribution, and sale of illegally recorded movies in New York State. The legislation has been endorsed by the leaders of both the New York State Senate and Assembly and will reduce film piracy through expanded enforcement by the Attorney General’s Office and tougher penalties for offenders. Cuomo was joined at a press conference by the actress Tina Fey and others from the film and television industry.
According to recent industry reports, over 50% of all illegally recorded movies are filmed in New York. Once films are recorded, they are then often distributed nationwide by organized crime syndicates. Despite this fact, New York State only charges illegal film recording as a violation, merely imposing a small fee on offenders.
The Piracy Protection Act brings the existing illegal recording statute up-to-date by making it a Class A misdemeanor to either illegally record a film or live performance or use an illegal recording for commercial purposes. First time offenders face the possibility of up to 1 year in jail and a $1,000 fine and multiple repeat offenders will be charged with a felony, which brings even higher penalties.
“New York has become the hub for a criminal network dedicated to film piracy,” said Attorney General Cuomo. “The wide distribution of pirated films originating from New York costs our state vital economic resources, including thousands of jobs and millions of dollars in tax revenue. We are all paying a price for the leniency given to this type of organized crime, and I will not let it continue on my watch.”
Cuomo also announced today that, in conjunction with this legislation, the Attorney General’s Office is creating a new Special Assistant Attorney General to coordinate local and state law enforcement efforts against film piracy. The Special Assistant Attorney General will work with the Attorney General’s Organized Crime Task Force (OCTF), which investigates and prosecutes criminal networks that operate across county and state lines. This person will also work with local police and district attorneys to aggressively pursue emerging and existing organized crime enterprises that peddle pirated films across the state and country.
Senate Majority Leader Joseph L. Bruno said, “When someone participates in multimedia piracy, they are stealing from artists and hurting the entertainment industry that is such a large part of New York’s
economy. I commend the Attorney General, Senator Padavan and Senator Volker for putting forward legislation that sends a clear message that such piracy is a serious crime and that those who engage in video piracy will be held accountable for their actions.”
Assembly Speaker Sheldon Silver said, “I am proud to be supporting this legislation to combat piracy in New York. This bill will help us address film piracy at its source and will be an effective deterrent to criminals who profit at the expense of our entertainment community. I commend Attorney General Cuomo for working with the legislature and offering an effective solution to this growing problem.”
Tina Fey, “As an actor, a writer and a New Yorker, it's discouraging to see the widespread effects piracy has had on our industry. Piracy is an issue that is often overlooked, but is one that has an enormous negative impact on every person who works in entertainment, from the stagehands, to the actors, to the producers and so on. It means a great deal to have our Attorney General, Andrew Cuomo, speak out on behalf of all New Yorkers within the artistic community of this city and State. And remember, when you buy a DVD, you should not be able to see the heads of people watching it in a movie theater at the bottom of the screen.”
Dan Glickman, Chairman and CEO of the Motion Picture Association of America, Inc. said, “Motion picture piracy is a widespread problem that not only costs the film community billions of dollars but comes at a tremendous cost in terms of jobs and the overall economy of New York and the country. I am pleased Attorney General Cuomo recognizes the importance of this issue and is working hard to take it on.”
Jeff Zucker, President and CEO of NBC Universal, said, “The current tidal wave of counterfeiting and piracy undermines future growth and kills jobs in the entertainment industry and in all innovation-dependent sectors of the U.S. economy. Enhanced penalties and specialized, dedicated enforcement resources are key to fighting piracy and counterfeiting. I applaud Attorney General Cuomo for this initiative, and in particular for his ground-breaking decision to create a specialized deputy in his office dedicated to fighting piracy. We believe this act of leadership is a model for modern law enforcement nationwide.”
New York State Senator Frank Padavan said, “Film and music piracy has quickly become a major part of the growing criminal counterfeit epidemic. Year after year, multimedia piracy has had an adverse impact on New York’s economy. This wave of criminal activity has cost the entertainment sector billions in income while leaving New York State with a significant loss in tax revenue. In order to effectively and proactively combat the emergence of multimedia piracy, we must enact legislation on the state level that will increase criminal penalties for these crimes and send a clear message that counterfeiting and piracy will no longer be tolerated in New York.”
New York State Senator Dale Volker said, “Let’s be clear, video piracy is not a victimless crime. Every pirated film from a theater in our state represents millions of lost dollars in state revenues that would otherwise used by local governments to pay for essential services, assist our school districts, or be reinvested for in-state productions. Additionally, the thousands of New Yorkers involved in the motion picture industry are at risk of being downsized based on these financial losses exacerbated by pirated films. This is unacceptable and it is why we must proactively deal with this crime and make those who perpetuate it responsible for their actions.”
New York State Assembly Codes Committee Chair Joseph R. Lentol said, “Piracy is a serious burden for New York City and New York State and individuals who illegally record films and performances in theaters should not get a free ride. This legislation is a critical tool to ensure that these criminals pay the price for their actions. I want to thank the Attorney General for working with us on this issue and for utilizing his office to be an important part of the enforcement of our piracy laws.”
New York Division President of Screen Actors Guild, Sam Freed said “The bottom line is that people who illegally record and sell bootleg videos are stealing from actors, which hurts actors and all workers in entertainment. Attorney General Cuomo has created a new Special Assistant Attorney General, a first-of-its-kind position to directly address this problem. I want to thank the Attorney General for his hard work and dedication to this issue.”
Russ Hollander, Eastern Executive Director of the Directors Guild of America, said “Piracy hurts all artists including our directors and their teams. It is very important for all of us that action is taken to prevent the rampant theft and distribution of pirated materials. Thanks to the efforts of Attorney General Cuomo, we will now have stronger legislation on the books and increased efforts of law enforcement to aggressively pursue those who engage in piracy.”
Thomas C. Short, International President of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States Its Territories and Canada, said “The cost of piracy for our members cannot be understated. Every year millions and millions of dollars that would go to higher wages, new jobs, as well as healthcare and other benefits, are lost to a criminal network that profits from the sale of pirated materials. I applaud Attorney General Cuomo for taking this
issue head on and standing up for workers in New York and across the country.”
Robert Sunshine, Executive Director of National Association of Theatre Owners of New York State, said “Illegal piracy is rampant not just in Hollywood but all over New York City as well. Camcording in theatres all over the city are sold to bootleggers and are out on the street and online within a day of a movie opening and this causes severe economic problems for the movie theatre community. We are extremely grateful to Attorney General Cuomo for taking the lead on piracy and providing this much needed assistance to the entire entertainment industry.”
Film piracy has been devastating to the nation’s economy, eliminating potential jobs and earnings for U.S. workers and costing both national and state governments millions of dollars in uncollected tax revenues. A report by the Institute for Policy’s Innovation in 2006 found the following results:
* Motion picture piracy costs U.S. workers $5.5 billion annually in lost earnings;
* The cost of motion picture piracy prevented the creation of 141,030 new jobs;
* Motion picture piracy costs governments at all levels $837 million in lost tax revenue. Absent piracy, an additional $147 million in corporate income taxes from motion picture corporations, $91 million in other taxes on motion picture production or sales, and $599 million in personal income taxes from employees would have been paid annually to federal, state and local governments.
According to recent industry reports, over 50% of all illegally recorded movies are filmed in New York. Once films are recorded, they are then often distributed nationwide by organized crime syndicates. Despite this fact, New York State only charges illegal film recording as a violation, merely imposing a small fee on offenders.
The Piracy Protection Act brings the existing illegal recording statute up-to-date by making it a Class A misdemeanor to either illegally record a film or live performance or use an illegal recording for commercial purposes. First time offenders face the possibility of up to 1 year in jail and a $1,000 fine and multiple repeat offenders will be charged with a felony, which brings even higher penalties.
“New York has become the hub for a criminal network dedicated to film piracy,” said Attorney General Cuomo. “The wide distribution of pirated films originating from New York costs our state vital economic resources, including thousands of jobs and millions of dollars in tax revenue. We are all paying a price for the leniency given to this type of organized crime, and I will not let it continue on my watch.”
Cuomo also announced today that, in conjunction with this legislation, the Attorney General’s Office is creating a new Special Assistant Attorney General to coordinate local and state law enforcement efforts against film piracy. The Special Assistant Attorney General will work with the Attorney General’s Organized Crime Task Force (OCTF), which investigates and prosecutes criminal networks that operate across county and state lines. This person will also work with local police and district attorneys to aggressively pursue emerging and existing organized crime enterprises that peddle pirated films across the state and country.
Senate Majority Leader Joseph L. Bruno said, “When someone participates in multimedia piracy, they are stealing from artists and hurting the entertainment industry that is such a large part of New York’s
economy. I commend the Attorney General, Senator Padavan and Senator Volker for putting forward legislation that sends a clear message that such piracy is a serious crime and that those who engage in video piracy will be held accountable for their actions.”
Assembly Speaker Sheldon Silver said, “I am proud to be supporting this legislation to combat piracy in New York. This bill will help us address film piracy at its source and will be an effective deterrent to criminals who profit at the expense of our entertainment community. I commend Attorney General Cuomo for working with the legislature and offering an effective solution to this growing problem.”
Tina Fey, “As an actor, a writer and a New Yorker, it's discouraging to see the widespread effects piracy has had on our industry. Piracy is an issue that is often overlooked, but is one that has an enormous negative impact on every person who works in entertainment, from the stagehands, to the actors, to the producers and so on. It means a great deal to have our Attorney General, Andrew Cuomo, speak out on behalf of all New Yorkers within the artistic community of this city and State. And remember, when you buy a DVD, you should not be able to see the heads of people watching it in a movie theater at the bottom of the screen.”
Dan Glickman, Chairman and CEO of the Motion Picture Association of America, Inc. said, “Motion picture piracy is a widespread problem that not only costs the film community billions of dollars but comes at a tremendous cost in terms of jobs and the overall economy of New York and the country. I am pleased Attorney General Cuomo recognizes the importance of this issue and is working hard to take it on.”
Jeff Zucker, President and CEO of NBC Universal, said, “The current tidal wave of counterfeiting and piracy undermines future growth and kills jobs in the entertainment industry and in all innovation-dependent sectors of the U.S. economy. Enhanced penalties and specialized, dedicated enforcement resources are key to fighting piracy and counterfeiting. I applaud Attorney General Cuomo for this initiative, and in particular for his ground-breaking decision to create a specialized deputy in his office dedicated to fighting piracy. We believe this act of leadership is a model for modern law enforcement nationwide.”
New York State Senator Frank Padavan said, “Film and music piracy has quickly become a major part of the growing criminal counterfeit epidemic. Year after year, multimedia piracy has had an adverse impact on New York’s economy. This wave of criminal activity has cost the entertainment sector billions in income while leaving New York State with a significant loss in tax revenue. In order to effectively and proactively combat the emergence of multimedia piracy, we must enact legislation on the state level that will increase criminal penalties for these crimes and send a clear message that counterfeiting and piracy will no longer be tolerated in New York.”
New York State Senator Dale Volker said, “Let’s be clear, video piracy is not a victimless crime. Every pirated film from a theater in our state represents millions of lost dollars in state revenues that would otherwise used by local governments to pay for essential services, assist our school districts, or be reinvested for in-state productions. Additionally, the thousands of New Yorkers involved in the motion picture industry are at risk of being downsized based on these financial losses exacerbated by pirated films. This is unacceptable and it is why we must proactively deal with this crime and make those who perpetuate it responsible for their actions.”
New York State Assembly Codes Committee Chair Joseph R. Lentol said, “Piracy is a serious burden for New York City and New York State and individuals who illegally record films and performances in theaters should not get a free ride. This legislation is a critical tool to ensure that these criminals pay the price for their actions. I want to thank the Attorney General for working with us on this issue and for utilizing his office to be an important part of the enforcement of our piracy laws.”
New York Division President of Screen Actors Guild, Sam Freed said “The bottom line is that people who illegally record and sell bootleg videos are stealing from actors, which hurts actors and all workers in entertainment. Attorney General Cuomo has created a new Special Assistant Attorney General, a first-of-its-kind position to directly address this problem. I want to thank the Attorney General for his hard work and dedication to this issue.”
Russ Hollander, Eastern Executive Director of the Directors Guild of America, said “Piracy hurts all artists including our directors and their teams. It is very important for all of us that action is taken to prevent the rampant theft and distribution of pirated materials. Thanks to the efforts of Attorney General Cuomo, we will now have stronger legislation on the books and increased efforts of law enforcement to aggressively pursue those who engage in piracy.”
Thomas C. Short, International President of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States Its Territories and Canada, said “The cost of piracy for our members cannot be understated. Every year millions and millions of dollars that would go to higher wages, new jobs, as well as healthcare and other benefits, are lost to a criminal network that profits from the sale of pirated materials. I applaud Attorney General Cuomo for taking this
issue head on and standing up for workers in New York and across the country.”
Robert Sunshine, Executive Director of National Association of Theatre Owners of New York State, said “Illegal piracy is rampant not just in Hollywood but all over New York City as well. Camcording in theatres all over the city are sold to bootleggers and are out on the street and online within a day of a movie opening and this causes severe economic problems for the movie theatre community. We are extremely grateful to Attorney General Cuomo for taking the lead on piracy and providing this much needed assistance to the entire entertainment industry.”
Film piracy has been devastating to the nation’s economy, eliminating potential jobs and earnings for U.S. workers and costing both national and state governments millions of dollars in uncollected tax revenues. A report by the Institute for Policy’s Innovation in 2006 found the following results:
* Motion picture piracy costs U.S. workers $5.5 billion annually in lost earnings;
* The cost of motion picture piracy prevented the creation of 141,030 new jobs;
* Motion picture piracy costs governments at all levels $837 million in lost tax revenue. Absent piracy, an additional $147 million in corporate income taxes from motion picture corporations, $91 million in other taxes on motion picture production or sales, and $599 million in personal income taxes from employees would have been paid annually to federal, state and local governments.
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