Federal Judge Grants Bond Eligibility to Reputed Mob Burglars

They may have pulled off one of the most spectacular stick-ups in all of Chicago mobdom, but that doesn't necessarily mean they will skip out on their current court case, said a federal judge.

On Wednesday, U.S. Magistrate Judge Nan Nolan ruled that Art "The Genius" Rachel and Jerry "Witherhand" Scalise pose no flight risk and are therefore eligible to be released on bond. Rachel, 71 and Scalise, 73 are charged with plotting a bank heist in west suburban LaGrange.

"The only reason that bank was not robbed was because of the FBI," stated assistant U.S. Attorney T. Markus Funk who was arguing the government's case for detention. "We have a bulletproof case against Mr. Scalise," Funk told Judge Nolan at Wednesday's bond hearing. "Mr. Scalise is probably one of the most inappropriate men for bond," said Funk.

Scalise and Rachel were convicted in the 1980 theft of the famous Marlborough diamond from a London, England jewelry store. The men used guns and grenades to swipe the 45 carat diamond, forcing employees and early morning shoppers into submission onto the floor.

The armed robbery went downhill from there, however, when witnesses caught glimpse of a license plate on the thieves' getaway car that had been rented at Heathrow Airport.

By the time Rachel and Scalise high-tailed it back to Chicago, Scotland Yard had notified the FBI and agents were waiting at O'Hare to greet the mobsters' jetliner. They were prosecuted and imprisoned in the UK.

Regardless, defense attorneys for the pair and for an alleged accomplice, Robert "Bobby" Pullia, said that all three were good family men who would not run out on their wives and children just because of their current legal problems.

"He's entitled to bond," said attorney Ed Genson who is representing Scalise, a career thief and Chicago mobster. "He's going to come to court, he always comes to court. He believes in the system. We're going to do the best we can to get him out on bond and try the case. And that's what we always do. I don't think there's an issue that these guys are going to run away. I think the judge can fasten conditions which would allow him to get out on bond and properly prepare his case and when we go to trial we'll see what happens."

Scalise, whose nickname "Witherhand" is in tribute to a few missing fingers, was asked by the judge to come up with more than his $690,000 suburban home to post as bond for his freedom. Lawyer Genson said he had no idea how much additional bond money Scalise could raise. "It depends on how rich the people who I ask to post their property are," said Genson.

Defendant Art Rachel will be allowed home incarceration with an electronic GPS monitor and a $10,000 bond, according to the judge. Rachel's lawyer, Terry Gillespie, called the government's case "pretty weak. I haven't heard anything compelling to link Rachel to the case," he said.

Gillespie also disputed that stated contention that Mr. Rachel has a drinking problem. Even though Rachel takes "four shots of whiskey a day," Gillespie explained to the judge that is "moderate drinking."

Defendant Pullia will also be afforded home incarceration with a GPS monitor and a $200,000 bond. "He has nowhere to go," said Pullia's attorney, Marc Martin. "He's not going to do that to his wife. He's been married for 28 years."

Judge Nolan agreed. "I don't think any of these fellas would walk out on their family," she said.

One piece of evidence against the three hoodlums did bother judge Nolan. She was shown an FBI photo of a van that agents said was to be used as a getaway vehicle after a bank robbery. It had been equipped with peepholes and gun slits, so that the trio could shoot their way past any obstacles, said federal authorities. "This van is disturbing," said Judge Nolan.

Regardless, she agreed that they were entitled to bond, although she said that she would order them held at the MCC while the government appealed her bond ruling. The appeal will be heard by Judge Harry Leinenweber, who has been assigned the actual trial.

Thanks to Chuck Goudie

Tweet

Not Guilty Pleas in Armored Car Robbery Plot

Three men, two of whom were convicted years ago of stealing the 45-carat Marlborough Diamond from a London jewelry store, pleaded not guilty today in federal court in Chicago to charges they plotted to rob a suburban armored car.

Joseph Scalise, Arthur Rachel and Robert Pullia were arrested as they allegedly prepared to burglarize the South Side home of a deceased mob boss. They were indicted on charges they conspired to pull off a robbery as cash was being delivered to a LaGrange bank.

Assistant U.S. Atty. Markus Funk explained to U.S. District Judge Harry Leinenweber how the three were preparing to try to steal shrink-wrapped cash that would be delivered to the bank but said they were thwarted "due to the good work of the FBI."

"And because our clients weren't there," answered lawyer Terrence Gillespie, who represents Rachel.

Lawyers on both sides told the judge a trial is likely.

Scalise, 73, Rachel, 71, and Pullia, 69, were under investigation for a 2007 holdup at another LaGrange bank when they allegedly were discovered planning their new bank job. They were taken into custody in burglary clothes as they allegedly planned to break into the home of the late Anthony "the Hook" LaPietra, a leader of the Chicago mob's Chinatown street crew.

Scalise and Rachel are reputed mob associates who served time for the Marlborough Diamond theft. More recently, Scalise acted as a technical adviser on the Johnny Depp film, "Public Enemies," about gangster John Dillinger.

Thanks to Jeff Coen

Tweet

Ex-Cop, James Formato, Pleads Guilty in Mob Case

A former suburban police officer admitted that he took part in a mob-related ring of criminals responsible for robberies, burglaries and setting off a giant pipe bomb that blew apart the offices of a video gaming company.

James Formato, 43, a husky, bearded former member of the Berwyn police department, appeared before U.S. District Judge Ronald A. Guzman and pleaded guilty to charges of racketeering conspiracy and conspiracy to obstruct justice.

Formato also gave federal prosecutors a potential witness with inside knowledge of the alleged crime ring, pledging to cooperate with the government's seven-year investigation in exchange for leniency when he is sentenced.

Seven other defendants, including reputed mob boss Michael Sarno, have pleaded not guilty to charges in the indictment.

The investigation began in February 2003 after a giant pipe bomb ripped through the Berwyn offices of a video gaming company. Prosecutors say it was a message from the mob to stop horning in on its highly lucrative video gaming monopoly in the western suburbs.

Formato admitted in his signed plea agreement that as a Berwyn officer he found out that federal agents were interested in a brown van that had been seen in the vicinity of the blast. He said that through a go-between he sent the information to Mark Polchan, a Cicero jewelry store owner and member of the Outlaws motorcycle club who is among those charged. Polchan has pleaded not guilty.

Formato also admitted that in the fall of 2002 he was paid $3,000 for transporting $150,000, some of it the proceeds of a burglary, across state lines to his father in Florida.

Formato also said he served as a lookout outside a west suburban residence while two men were inside burglarizing it. He said he warned one of the burglars later that police had an artist's sketch of him. He also said he took part in at least two other home burglaries.

The maximum sentence for each of the two charges to which Formato pleaded guilty is 20 years in prison and the maximum fine is $250,000. But under his plea agreement, his cooperation with the government could earn him a sentence of 60 percent of the low end of the sentencing range under federal guidelines -- 78 to 97 months by preliminary calculations.

Thanks to CBS2Chicago

Tweet

Rudy "The Chin" Fratto on FBI Tapes in McCormick Place Case

The FBI recorded more than 50 conversations involving Chicago Outfit boss Rudy "The Chin" Fratto during an investigation of alleged big-rigging at the city's McCormick Place.

The existence of dozens of undercover tapes is disclosed in defense motions filed in federal court in Chicago.

Fratto, 66, the leader of the Mob's Elmwood Park crew according to federal authorities, was indicted with another man last month on charges that he used inside information to score a forklift deal at McCormick Place.

The Darien resident was due to report to prison on April 28 to begin serving a year-long sentence for income tax-evasion. Today's motion filed by his tax-case attorney Arthur Nasser asks for a delay in Fratto's reporting date. An attached affidavit from Donald Angelini, Jr., the attorney handling the sweetheart contract case, states that Fratto's defense would be "greatly hampered" if he was imprisoned and couldn't assist in the preparation.

Fratto is scheduled to serve the tax sentence at the Federal Correctional Institution in Ashland, Kentucky. Angelini Jr., son of the late Mob bookmaker Don "the Wizard of Odds" Angelini, said that he had received a 1500-page transcript of FBI undercover recordings along with more than 50 tapes. Mr. Angelini, Jr. said that he was only able to listen to three and a half hours of secretly recorded tapes and that without Fratto's help in deciphering the conversations, the defense would suffer.

The filing by Mr. Fratto's legal team in federal court also stated that there is "noise interference" on the tapes, making them "extremely difficult to interpret or understand."

Mr. Nasser will appear in the courtroom of U.S. District Judge Matthew F. Kennelly Tuesday morning to argue for an unspecified extension in Fratto's surrender date.

The plea for freedom seems far more somber than last month's swaggering courthouse performance by Fratto himself, that included a self-styled perp walk in the lobby, a couple of wise-guy wise-cracks on the sidewalk, and some special sound effects from his driver who was behind the wheel of the family Range Rover.

Fratto, considered by Mobwatchers to be one of Chicago's top five most powerful hoodlums, was indicted with Inverness businessman William "Billy" Degironemo. The men allegedly squeezed a consultant for inside information that helped then land a forklift contract. In exchange, Fratto allegedly offered to settle a $350,000 debt the consultant had with mafia bosses in Cleveland. Neither Fratto nor his partner knew that consultant was working undercover for the FBI.

Fratto's uncle, "Cockeyed Louis," testified at a 1950 Senate organized crime hearing. Another relative, Frankie "One Ear" Fratto, was a skilled loan shark.

Thanks to Chuck Goudie

Tweet

Reputed Chicago Outfit Jewel Thieves Arrested Outside of Former Home of Chinatown Boss

Two career jewel thieves in the Chicago Outfit, who are among the mob's most prolific pilferers, have been arrested again-- this time eyeing the home of their former boss, according to a federal complaint filed Friday afternoon.

During a short appearance in court, U.S. Magistrate Judge Nan Nolan ordered Joseph Jerome "Jerry" Scalise, Art Rachel and another hoodlum, Robert "Bobby" Pullia, held at the MCC without bond until a detention hearing next week. They were represented by high profile attorneys Terry Gillespie and Marc Martin. After court, Mr. Gillespie said that all three defendants would enter pleas of not guilty. He said questions about the existence of the Marlborough diamond would best be asked of the federal authorities, who declined to comment.

The men were arrested as they tried to hit the one-time home of Chinatown boss Angelo "the Hook" LaPietra. "The Hook," known for a fondness of hanging wayward gamblers on meat hooks, died in 1999. The arrests reportedly happened late Thursday night in the 3000-block of South Princeton, near LaPietra's former estate. For years Scalise lived in the Bridgeport neighborhood and reported to LaPietra.

The three men, still attired in the dark clothes they were wearing while allegedly staking out LaPietra's home, looked more like they were ready for a shuffleboard game then a burglary. Scalise is 73, Rachel is 71 and Pullia is 69 - and they told the judge about medications they are on, to insure adequate treatment at the MCC.

"I'm not sure exactly what they were expecting to get when they broke into the residence. The residence was occupied last night so it would have been a home invasion. Whether it was a robbery, whether they hoped to get ransom money, a kidnapping, we don't know," said Ross Rice, FBI spokesman.

"I heard a blast, like an M80 going off, like a firecracker. I said, 'who the hell is shooting firecrackers off this time of year?'" said Dan Bujas, neighbor.

The suspects ran a three-man crime wave for the past several years, according to the FBI, whose agents began following the trio last December and listening in on their phone calls after obtaining wiretap approval from a federal judge. An FBI affidavit filed with Friday's criminal complaint reveals cell phone conversations between the men that were intercepted by federal agents.

According to the affidavit, Pullia says, "while we are there we will grab it." Authorities are uncertain if the "it" they were going to grab was the long-missing Marlborough diamond. One theory has been that Scalise and Rachel handed off the stone in London or actually mailed to someone in the U.S., possibly their mob crew boss at the time, LaPietra.

Authorities say they watched the men conduct surveillance on several banks, including the First National Bank of LaGrange where they were allegedly plotting to overtake an armored car delivery of cash by spraying mace in the face of the guards. That hold-up, and others allegedly planned by the Outfit crew, were not actually carried out during the time that federal agents watched the men.

They are, however, suspected of numerous other unsolved bank robberies since 2007, according the federal investigators.

Scalise and Rachel are best known for the Sept. 11, 1980 theft of the famous Marlborough diamond from Graff Jewelers in London. The men were arrested at O'Hare Airport returning on a flight from the UK. They both served long stretched on the Isle of White prison of the UK. The 45 carat stone, once one of the Crown jewels, was never found.

The attempted break-in at LaPietra's former home is certain to spark speculation that the 45 carat sparkler was stashed somewhere in the home. The three men were arrested late Thursday night outside LaPietra's former "fortress" on the south side, carrying an elaborate supply of burglary tools according the feds. Investigators also say they had discussed abducting LaPietra relatives who still reside in the home and taking them hostage.

"All my client has told me so far is it's nonsense. I don't know any of the particulars as of yet," said Terry Gillespiel, defense lawyer.

The Marlborough heist in 1980 was pulled off by Scalise and Rachel, armed with a revolver and a hand grenade. They got away in less than a minute with millions of dollars in gems.

No one was hurt during the morning raid, and customers on the other two floors of the three-story shop were unaware of anything taking place.

A security guard let the first well-dressed thief into the exclusive store shortly after opening, thinking he was a customer.

Once inside the man - dressed in blue check pants, a jacket and a hat- pulled out a gun and ordered the staff and customers to lie down on the floor.

The second robber then walked in brandishing a hand grenade.

The Marlborough diamond, was packed into a briefcase with other jewels by the robbers before they fled to a getaway car parked about 50 yards away.

One of the store clerks followed the men and noted the registration number of the Fiat Mirafiore they used to escape.

The profanity-riddled affidavit also reveals discussions between Scalise and Rachel about potential mob murders, including the killing of a key witness from the Operation Family Secrets prosecution two years ago that resulted in numerous convictions of top mob bosses.

Thanks to Chuck Goudie

Tweet