Accused of Helping the Mob, FBI Agent Gets His Day in Court

The rumor was explosive, hard to believe: Gregory Scarpa Sr., a ruthless Colombo crime family capo known as the Grim Reaper, was receiving tips from a mysterious source inside law enforcement, a man he called “the girlfriend.”

The confirmation was devastating: Prosecutors working to cripple the family in the mid-1990s said that the source was their own Roy Lindley DeVecchio, a Federal Bureau of Investigation supervisor, the man assigned to lead the Colombo investigation.

In May 1995, an assistant United States attorney, Ellen M. Corcella, was prosecuting a murder conspiracy case on the brutal war for control of the family. She practically begged jurors not to be distracted by the role prosecutors said Mr. DeVecchio played.

“He’ll get his day in court,” Ms. Corcella told the jury.

Though Ms. Corcella lost that case, her prediction eventually came true. More than a decade later, Mr. DeVecchio arrived in State Supreme Court in Brooklyn yesterday for a trial on murder charges. By the account of state prosecutors, he traded information with Mr. Scarpa from 1980 through 1993, directly causing four Mafia killings and failing to stop several others.

Mr. DeVecchio tried several legal maneuvers — including claiming immunity from prosecution as a federal agent — but each failed, and he appeared in court yesterday in a drab gray suit, ragged crew cut and crinkled features, watched from the gallery by rows of agents dressed nearly identically.

Prosecutors say Mr. DeVecchio accepted cash, wine, the services of a prostitute and jewelry stolen from bank safe deposit boxes. They say he billed the federal government for more than $66,000 in payments to Mr. Scarpa, then kept the money himself. But his greatest rewards were the least tangible, prosecutors say: Through years of handling his prized mole, Mr. DeVecchio grew his legend in the annals of law enforcement.

After helping supervise the famed Commission Case in the 1980s, when top leaders of the city’s five crime families were jailed, Mr. DeVecchio was honored by the Police Department and called to lecture at training academies.

So to Mr. DeVecchio’s lawyers and supporters, among them five agents who signed for his $1 million bail, the charges unfairly smear an exemplary career. Motivated by political gain, they say, state prosecutors have built a flawed case on the word of Mr. Scarpa’s common-law wife, Linda Schiro, a woman intent on selling her story to publishers.

Yesterday, there was a lot of history in the room, all the way up. The judge overseeing the case, Gustin L. Reichbach, was investigated by the F.B.I. in the 1960s when he was a student at Columbia University.

Despite a warning and a reminder that he could have a jury hear the case, Mr. DeVecchio waived his right to a jury trial and left his fate to a man that his F.B.I. colleagues had once described as a dangerous student protest organizer.

Absent an audience of jurors, an assistant district attorney, Joseph P. Alexis, opened his case with a stark, unemotional recounting of the charges. In a trial expected to last more than a month, he said Ms. Schiro would testify that Mr. DeVecchio had visited her home, taken cash payments and told Mr. Scarpa whom to kill.

The witness list includes several Mafia associates, including Mr. Scarpa’s namesake son, who is in prison for racketeering.

By the prosecutor’s account, Mr. DeVecchio identified informers. “Scarpa used this information,” Mr. Alexis said, “to devastating effect.”

Mr. Scarpa shot Mary Bari, the girlfriend of a Mafia figure who was suspected of crossing Mr. Scarpa, while his son held her down, Mr. Alexis said. Mr. DeVecchio eventually investigated possible informers on request.

“Shockingly, DeVecchio used his F.B.I. resources, looked into the matter and faithfully reported back,” he said.

A lawyer for Mr. DeVecchio, Douglas Grover, said Ms. Schiro’s testimony had been concocted to sell books. Several of the victims, he said, were killed before they ever had a chance to cooperate with the F.B.I.

Mr. Grover said Mr. DeVecchio’s relationship with Mr. Scarpa was proper, required to make big cases against secretive Mafia families. “Gregory Scarpa, as ugly and miserable a human being as he was, a made member of the Colombo crime family, was a top echelon F.B.I. source,” Mr. Grover said.

For Mr. DeVecchio, 67 and retired, the trial will render final judgment on a career marked as maverick from the start.

After joining the F.B.I. in 1965, Mr. DeVecchio worked in New York, a city traditionally unpopular among agents for its weather, cost of living, field office bureaucracy and large, ambitious Police Department. His Italian family background led to assignments investigating the Mafia, supporters say.

Mr. DeVecchio first came to prominence in the early 1980s. Posing undercover as a hit man, he helped convict a former intelligence agent of plotting to kill prosecutors and witnesses.

By then, in the parlance of the F.B.I., he had opened Mr. Scarpa, contracting him as a confidential informer to gather insight on Mafia doings and hierarchy.

Mr. Scarpa was something of a legend himself, a compact, muscular man of 5-foot-10 and 200 pounds. In the 1960s, the F.B.I. engaged him to travel south, meet Ku Klux Klan members and use his powers of persuasion to find the bodies of slain civil rights workers. Back home in Brooklyn he reputedly oversaw Colombo loan-sharking operations, hijackings, weapons sales and killings.

Much of Mr. Scarpa’s reputation derived from an uncanny ability to avoid prison through a series of indictments. In 1993, he finally pleaded guilty to murder and racketeering charges. The next year, at age 66, he died in a prison hospital of complications from AIDS, which he had contracted in a blood transfusion from a member of his crew.

The relationship between Mr. DeVecchio and Mr. Scarpa first drew scrutiny in 1994, when F.B.I. agents voiced their suspicions to supervisors, but an inquiry failed to find enough evidence. Taking the witness stand at a hearing in 1997, he strongly denied giving Mr. Scarpa investigative information.

Still, the accusations persisted, taking the form of defense motions, rumors, Mafia lore and, not least, book proposals. In 2005, state prosecutors got their break from Ms. Schiro, who had lived with Mr. Scarpa for years, bearing sons who followed their father into the Mafia.

By Ms. Schiro’s account, Mr. DeVecchio warned Mr. Scarpa of surveillance, impending arrests and other government informers. Prosecutors accused him of helping Mr. Scarpa kill a teenage murder witness, rivals for power and suspected informers, including a woman who had dated a family consigliere.

In his opening, Mr. Grover said the new charges reprised accusations long laid to rest, tacitly acknowledging the long, strange arc of Mr. DeVecchio’s career at the F.B.I. “Watch this one play out,” Mr. Grover told the judge. “It’s going to be quite interesting.”

Thanks to Michael Brick

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A Dentist Gets Drilled by "The Shark"

Joseph "The Shark" Lopez returns with more Shark Tales from the Family Secrets trial and some questions for Pat Spilotro, the dentist brother of Tony and Michael Spilotro. Pat testified during the trial regarding his relationship with some of the defendants. Nick Calabrese, testifying for the prosecution, revealed how both Tony and Michael met their demise.

"The trial was quite a show of characters. The best was Dr. Spilotro, the rat. If his brothers could have seen him on the stand testifying as a government witness they would have puked. He was disgusting. He sat there like a big church victim crying about his brothers.

What about the families of the guys his brother killed, did he weep for them? What about the guy whose head went into the vise or the burglars that were killed? What about those guys doc?

There were times I thought the trial would never end. Day after day was a grind. Judge Zagel kept it going at a good pace. The big issue on appeal will be the double jeporady arguments of Calabrese and Marcello. This case will go on for years to come and it aint over yet!" - Joe Shark

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The Sopranos Bobby Bacala is Heading to Las Vegas

Steve Schirripa, Bobby ‘Bacala’ Baccalieri from The Sopranos’, will be hosting Vegas Va-Voom Variety Spectacular at The Comedy Festival on November 14th at 9:00 PM. It’s a variety show full of music, comedy, and surprise guests. Musical performances include Las Vegas headliners the glitzy-glam duo Zowie Bowie, Vegas perennial favorite “The Lon Bronson Band,” and Schirripa’s own sexy Vegas Va-Voom showgirls.

The Comedy Festival will run from November 14-17 at Caesars Palace in Las Vegas and is produced by HBO and AEG Live. For ticket information please log onto: www.thecomedyfestival.com.

He'll also be on The Tonight Show onTuesday, October 16 promoting his appearance at The Comedy Festival.

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"Rocky" Busted in Mob Roundup

The FBI said it arrested seven associates of the Genovese Crime family Wednesday on charges the men took part in a series of armed robberies and other crimes in New York and New Jersey.


Among those charged were John "Rocky" Melicharek, Dominick "Shakes" Memoli and Enad "Neddy" Gjelaj.

The suspects are accused of robbing numerous Morris County homes at gunpoint, as well as an Orange County business. The FBI said the men also threatened a Manhattan businessman if he did not make payments to reputed Genovese crime family associates Michael Iuni and Angelo Nicosia.

The suspects were taken to the FBI office in Newark Wednesday morning. They are expected to be arraigned on the extortion and robbery charges late Wednesday.

Melicharek and Memoli face up to life in prison. Others face a maximum of 40 years if convicted. Prosecutors said Memoli and Gjelaj are already behind bars on other criminal counts.

U.S. attorney Michael Garcia said in addition to prison time, his office plans to seek $1 million in restitution from the suspects.

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Genovese Family Associates and Others Arrested on Extortion and Robbery Charges

MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, MARK MERSHON, Assistant Directorin- Charge of the New York Office of the Federal Bureau of Investigation(“FBI”), and WEYSAN DUN, the Special-Agent-in-Charge of the Newark Office of the FBI announced today the arrests of seven individuals charged with participating in a series of extortions and violent home invasions.

According to an Indictment unsealed today in Manhattan federal court: The defendants, JOHN MELICHAREK, a/k/a “Rocky,” MICHAEL IUNI, and ANGELO NICOSIA -- associates of the Genovese Organized Crime Family -- and DOMINICK MEMOLI, a/k/a “Shakes,” LOUIS PIPOLO, DARDIAN CELAJ, a/k/a “Danny,” and ENED GJELAJ, a/k/a “Neddy,” took part in a string of extortions and robberies targeted at business owners based in New York and New Jersey. MELICHAREK, IUNI, and NICOSIA used their status as Genovese Organized Crime Family associates to extort a Manhattan-based business owner. MELICHAREK, MEMOLI, PIPOLO, CELAJ, and GJELAJ also planned and executed home invasions, including a September 2003 robbery of a Morris County, New Jersey business owner, and an October 2003 robbery attempt of an Orange County, New York business owner, using firearms in connection with the crimes. MELICHAREK also faces a stolen property charge.

If convicted, MELICHAREK, MEMOLI, PIPOLO, CELAJ, and GJELAJ face maximum sentences of life imprisonment. IUNI and NICOSIA face maximum sentences of 40 years’ imprisonment.

MELICHAREK, IUNI, NICOSIA, PIPOLO, and CELAJ were arrested this week by FBI agents. MEMOLI and GJELAJ are each currently serving a sentence from a prior criminal conviction and accordingly, will be brought by the United States Marshals Service to the Southern District of New York to face the charges.

Mr. GARCIA praised the efforts of the FBI, the Orange County, New York District Attorney’s Office, the Morris County, New Jersey Prosecutor’s Office, the Rockaway Township, New Jersey Police Department, and the New Jersey State Commission of Investigation.

Assistant United States Attorneys ELIE HONIG and BENJAMIN GRUENSTEIN are in charge of the prosecution.

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A Look Back at the Philly Mob

Pop culture is riddled with more mob movies and TV shows than an unlucky gangster's body is with bullets. Americans are fascinated with the dark side and have made “The Sopranos” the poster children for the Mafia and Victoria Gotti, daughter of John “The Dapper Don” Gotti, and her spoiled-rotten offspring its royal family with the reality show “Growing Up Gotti.”

But contrary to what pop culture loves to portray, the mob is far from glamorous and exciting. Just take a look at where Cosa Nostra — Sicilian for “our thing” — landed South Philly's own tough guys, all of whom made headlines at one point or another: Angelo “The Gentle Don” Bruno, Phil “Chicken Man” Testa and his son Salvatore Testa got whacked, while Nicodemo “Little Nicky” Scarfo, John Stanfa, Ralph Natale, “Skinny” Joey Merlino and Ron Previte are all in prison for racketeering and murder among other offenses,

George Anastasia, who has written extensively about the mob for The Philadelphia Inquirer since the late 1970s and authored four bookson the subject, noted, “If you look at the list, you see where these guys have ended up,” Anastasia, a native of the 1700 block of Watkins Street who now lives in South Jersey, told the Review.

Bruno was the longest running crime boss and perhaps one of the most respected for the low-key approach that earned him his nickname.

Bruno ruled from '59 to March 21, 1980, when he was shot to death in his car with driver John Stanfa in front of Bruno's home at 934 Snyder Ave. Under the Sicilian immigrant's tenure, “he did everything low-key — he didn't do any public shootings in restaurants or in the street” unlike how later-day mobsters such as the ruthless Scarfo conducted business, Capt. Charles Bloom of the police department's Central Intelligence Bureau said. “If you had to describe Bruno, you could say, ‘make money, don't make headlines,'” Bloom said.

His attitude in life did not mark his death. His violent end received press from outlets such as The New York Times, which covered the fallout from Stanfa's trial for perjury in connection to the killing to FBI testimony in '81 that Scarfo was the new head of the family.

Stanfa suffered a graze wound in the Bruno ambush, Anastasia said, adding, “To this day there's conflicting reports. Some people believe Stanfa was part of the plot and he knew what was going to happen and others say he didn't. I tend to believe the former.”

Under Bruno's reign, the Philadelphia crime family was among the most powerful in the United States, trailing closely being New York and Chicago. The Gentle Don carved out a close relationship with Carlo Gambino, leader of New York's family — a friendship that saved Bruno when short-lived Philly boss Antonio Pollina wanted him killed in '59.

As the story goes, Bruno pledged his loyalty to Pollina despite being passed over for the job, but the new boss still felt threatened. When Pollina ordered a hit, Gambino intervened by not only halting the slaying, but putting his new friend in charge of the Philadelphia crime family. The first notch in Bruno's belt of civility was sparing Pollina.

According to Bloom, the Philly mob, which controlled this city and South Jersey including Atlantic City, has always been in New York's shadow and the former often cannot operate without the latter's blessing.

Bruno's death at 69 paved the way for a slew of flamboyant, young wiseguys to take the helm. “That totally destabilized the organization and it's been destabilized since then. It's been disorganized organized crime,” Anastasia said.

The new guns included Bruno underling Testa, who was blown up March 15, 1981, on his front porch on the 2100 block of Porter Street in Girard Estate by a nail bomb and later immortalized in Bruce Springsteen's song “Atlantic City,” whose lyrics say, “Well they blew up the Chicken Man in Philly last night/Now they blew up his house too.” The song, featured on the Boss' “Nebraska” album, which made it to No. 3 on the U.S. Billboard Pop Album charts, brought the scene to the attention of countless music fans worldwide.

More than 20 years later, Testa's fatal bombing is still making news. An Oct. 7 Time article cited the killing in its piece “The Sicilian Connection,” which explores the U.S. Cosa Nostra's alleged link to the Sicilian Mafia.

Months after the Chicken Man's demise, Scarfo had Frank Narducci and Rocco Marinucci whacked for the unauthorized hit of his mentor, according to Anastasia.

Long before he ascended to power, Scarfo was banished to AC by Bruno in the '60s after the young hothead knifed a man inside Oregon Diner, 302 W. Oregon Ave, the writer said. Scarfo stayed in AC — a wasteland at the time — but hung around long enough to benefit from gambling when the casinos hit town.

With Testa gone, Scarfo took over in '81 and made Testa's son Salvatore a capo. That same year, Testa and two others survived an ambush outside the Italian Market, but three years later, the capo wasn't as lucky when Scarfo had the young man killed Sept. 14, 1984. So much for loyalty to his mentor — he had his son killed, Anastasia said, adding, “That's the way he was.”

Testa was lured to a now-gone candy store on Passyunk for a meeting, where a Scarfo hit man shot him, wrapped his body in a rug and dumped it by a dirt road in Gloucester County, N.J., the writer said. Scarfo told his organization he had Testa killed because he broke off an engagement with Salvatore Merlino's daughter, Maria, but according to Anastasia, Scarfo saw Testa as a possible threat. “He used the broken engagement as an excuse,” the author said. In years to come, Merlino's son Joey would become a reputed mob boss.

Scarfo held control for six years until his arrest and conviction for a racketeering case that included counts of murder, Anastasia said. Little Nicky got 55 years and remains in the Big House. But his impression was indelible. In a '91 Time interview with former soldier-turned-informer Nicholas “The Crow” Caramandi, interviewer Richard Behar refers to Scarfo as the “most vicious Mob boss of his generation” and proceeds to ask Caramandi about working under him, as well as the killing of Salvatore Testa.

In '89, Bruno's former driver Stanfa, who grew up on Passyunk Avenue near the Melrose Diner and later moved to Jersey, became boss. In '95, he got five life terms for racketeering and murder.

That opened the way for Natale. After serving 15 years for drug dealing and arson, Natale was released in '95 and became boss in an alliance with Merlino, who was his underling, Anastasia said. Merlino associate Previte helped build a case against Natale by wearing a wire for the feds. The tapes resulted in the then-69-year-old Natale and then-37-year-old Merlino arrested on drug charges in '99 with Natale tied to a major South Jersey meth ring and Merlino to a Boston cocaine ring. Natale became the first mobster to cooperate with the feds and, as a result, got a 13-year sentence, which he's serving in a protected witness wing, Anastasia said.

That leaves Merlino, who by all appearances may be one of Philadelphia Cosa Nostra's last bad boys.

Despite the feds pursuing him aggressively for years, the style-conscious young turk with the striking wife did not shy away from the media, becoming a magnet for his organized softball league and Christmas parties for the poor. In typical Merlino fashion, his 2001 trial on murder and racketeering charges was a press event. And, he may have beaten the rap for Joseph Sodano's '96 murder in Philadelphia court, but a federal judge in New Jersey upheld charges in the same case against the reputed mob boss in October 2001. The New York Times, among other national and international papers, covered the trial.

Merlino and seven codefendants — including Previte — were convicted of bookmaking, racketeering and extortion. These days, “Skinny Joey” is serving a 14-year sentence, set to be released in '11, Anastasia said.

The reigning alleged crime boss has been identified as 68-year-old Joe Ligambi, who was with the Stanfa organization. In '89, Ligambi was sent away for 10 years after being convicted of murder, which was overturned on appeal. Ligambi came back to South Philly in '99 and, when Merlino went to jail, became acting boss, Anastasia said. According to the author, “he's kind of gone back to the Bruno model of low-key, not flashy.”

Bloom contends Cosa Nostra is still very much alive and well. “It's not as powerful as it was 20 years ago but it's still there. They haven't gone away. They took a lot of hits from law enforcement pressure and each other, but they didn't throw in the towel,” the captain said.

Thanks to Lorraine Gennaro

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