Genoveses Surpass Gambinos as Most Powerful New York Crime Family

With John Gotti and scores of other organized-crime members behind bars, law enforcement officials say that New York's mob families are undergoing a major power realignment, elevating to the top rung of the Mafia a man who is best known for walking around his neighborhood in his pajamas.

Federal and state officials say that since Mr. Gotti, the head of the Gambino family, was convicted of murder and racketeering in 1992, the rival Genovese organization has supplanted the Gambino family as the most powerful Mafia group in New York and the nation. The shift has placed significant power in the hands of Vincent Gigante, the boss of the Genovese family and now the decisive voice on the Mafia's commission, the group that sets mobster policies and resolves disputes.

Since Mr. Gotti, 54, began serving a life sentence without parole, the officials say, he has been confined away from the general inmate population and his communications outside of prison have been closely monitored. As a result, his hold on the Gambino family has loosened and the crime organization has fallen into disarray, lacking firm leadership. The family's ranks have been whittled in the last five years to about 200 active members from 400, according to Federal and state investigators who work on organized-crime cases.

The Genovese family, on the other hand, has 300 members and a hierarchy relatively unscathed by prosecutions, making it the country's strongest Mafia force, Federal and state law enforcement officials say.

Law enforcement officials emphasize that huge amounts of money are at stake in the shift of power. Mr. Gigante's influence on the commission, the officials say, often allows the Genovese family to harvest the largest shares of revenue in mutual crime ventures with other families. On Friday, a Federal grand jury in Manhattan charged that the Genovese family took a secret bite out of the Feast of San Gennaro, one of the city's most popular street festivals. In a perjury indictment, the grand jury said that Genovese members picked vendors for the feast in lower Manhattan and siphoned off significant amounts of the rents paid for stalls.

Law enforcement officials say that the Genovese family has risen in the wake of the Gambino family's decline, allowing Genovese mobsters to take over some construction and gambling rackets previously dominated by the Gambino faction.

Federal and state officials estimate that New York's five Mafia organizations -- the Genovese, Gambino, Lucchese, Bonanno and Colombo families -- annually take in billions of dollars in illicit profits. City Police Department officials estimate that Mafia groups and people who work for them reap more than $2 billion a year alone in profits from illegal bookmaking and gambling enterprises in the New York area. Salvatore Gravano, the former Gambino underboss, testified that he routinely turned over more than $1 million a year in cash to Mr. Gotti as his share of the family's plunder from extortion in the construction industry.

The Genovese family has created the largest bookmaking and loan-sharking rings in the New York area, the officials say. The family's other major rackets include shakedowns from construction companies for labor peace, control of the Fulton Fish Market and extortion of companies doing business at the Ports of Newark and Elizabeth.

As the head of the Genovese family, the 67-year-old Mr. Gigante presents an unorthodox image for a mob titan. Since the early 1980's, he has been seen strolling sober-faced and bent near his home in Greenwich Village, clad in pajamas and bathrobe and mumbling incoherently.

Federal prosecutors say that Mr. Gigante, by feigning mental illness, has managed for five years to evade trial on charges of racketeering and plotting to murder his rival, Mr. Gotti. "Gigante still remains a very powerful figure in organized crime," said Lewis D. Schiliro, the head of the Federal Bureau of Investigation's criminal division in New York. "We are confident he is the boss of the Genovese family."

New Jersey authorities say the Genovese family has also emerged as the strongest Mafia group in that state. Robert T. Buccino, deputy chief of investigations for the state's Organized Crime Bureau, said that the Genovese family is suspected of being involved in gambling and loan-sharking rings and of extorting kickbacks for labor peace from construction, garbage-removal and trucking companies.

Overall, the authorities say that from informers and wiretaps they have noticed significant shifts in the underworld, including these:

* All five families are reinforcing their ranks in an action they call opening the books. In 1990 they stopped accepting new members because of fears that newcomers could be more vulnerable to Government pressure to become turncoats. Defections and prosecutions, however, have reduced their combined rolls to about 700 active mobsters from 1,000 in the late 1980's, and the godfathers believe it is now safe to admit carefully screened recruits.

* After four years in prison, Mr. Gotti has lost control of the Gambino family. Although he appointed his son, John Jr., 31, as acting boss, the younger Gotti's rank is meaningless, and most Gambino captains are acting on their own authority.

* The Bonanno family has revived and prospered since its boss, Joseph C. Massino, was released three years ago from prison. The family is now almost as strong as the Gambino family.

Along with the Lucchese and Colombo families, the Genovese, Gambino and Bonanno organizations have operated in the region for 60 years and have created the largest and most entrenched mobster stronghold in the country, F.B.I. officials and prosecutors say. And even though Government efforts over the last decade have helped weaken or virtually eliminate most of the 20-odd Mafia families in the country, the organizations in New York have proven more resilient, officials say.

Still, the officials say, they have achieved significant victories against the mob in New York City and its suburbs, severely wounding the Gambino, Lucchese and Colombo families through the convictions of their bosses and their top lieutenants on racketeering charges.

Additionally, prosecutions and civil suits brought since 1990 by Federal prosecutors and the Manhattan District Attorney's office have loosened the Mafia's hold over major unions. The cases disclosed that the five families had a hand in milking union pension and welfare funds and used threats of violence and work stoppages to rig contracts and to extort millions of dollars from companies in the construction, trucking, garbage-carting, garment and newspaper delivery businesses.

Federal and state officials and investigators, however, grudgingly concede that no major figure in the Genovese family has become a turncoat. "Clearly, we have not had the same impact on them as the other families," said Eric Seidel, head of the state's Organized Crime Task Force. "They have hardly been touched."

Mr. Seidel and other officials credit Mr. Gigante's organizational skills and tight security for keeping his family intact.

Mr. Gigante, whose underworld nickname is Chin, relays his orders through a handful of trusted intermediaries, officials said. Secrecy is so intense, they said, that Genovese members are forbidden to mention Mr. Gigante by name and refer to him only by touching or motioning to their chins.

"We've had some bad breaks with the Genovese family," Mr. Schiliro, the F.B.I. official, acknowledged in an interview. "Chin represents a difficult individual for us. We've had him in court a number of times without final success."

Mr. Gigante was indicted in 1990 on Federal charges of bid rigging and extortion, and in 1993 he was accused in a superseding indictment of conspiracy to murder eight organized-crime figures and of plotting to kill Mr. Gotti.

A hearing on his mental and physical ability to stand trial will be held on Sept. 11. Barry Slotnick, Mr. Gigante's lawyer, did not respond to repeated telephone calls for comment on the charges against Mr. Gigante.

As evidence of Mr. Gigante's power, law enforcement officials point to the Gambino family's acceding to his ultimate authority on the Mafia commission even though he is accused of ordering the murders of Gambino leaders. The Federal indictment against Mr. Gigante asserts that he wanted Mr. Gotti and several of his captains killed because they engineered the murder in 1985 of the previous Gambino boss, Paul Castellano.

The decline of the Gambino family, authorities say, stemmed largely from Mr. Gotti's conviction three years ago on Federal charges of murder and racketeering and the life sentence that followed. Investigators say they believe that even Mr. Gotti's most steadfast supporters in the family realize there is faint hope that his conviction will be overturned.

Mr. Gotti is being held in virtual solitary confinement in the Federal Penitentiary in Marion, Ill., and officials said that his network of receiving information from New York and transmitting instructions has been shattered. Visitors can talk to him only over a monitored telephone, and his mail is inspected. "By not being in the general prison population," a Federal agent said, "it is impossible for him to keep in touch, issue orders and have control over anybody."

Mr. Gotti's son continues to collect the "tribute," a share of the family's income that is reserved for the boss, officials said. But they noted that prison sentences have reduced the number of active family crews to 10 from 22 and sharply cut the Gambino family's income.

While the Gambino family's fortunes have waned, numbers in the once nearly moribund Bonanno family seem to be surging, officials said. Since Joseph Charles Massino, the 52-year-old boss of the family, was released from prison in 1992, the family has mustered 12 active crews and is considered by prosecutors and agents to have become a formidable crime family again.

The Bonanno and the Genovese families, investigators said, are the only New York families operating with a full hierarchy of boss, underboss and consigliere, or counselor, who are not behind bars.

An indication of the importance attached to the regrouping of the Bonanno family is the F.B.I.'s assignment of Bruce Mouw, who headed the squad that dug up the evidence that convicted Mr. Gotti and his chief aides, to direct the unit investigating the Bonanno group.

The Colombo family, which has been shattered by a murderous internal war, also has a new leader. Investigators said that Andrew T. Russo, a capo, or captain, was recently promoted to acting boss by Carmine Persico Jr., the family's boss who is serving a life sentence for racketeering and murder.

Federal agents said that a shaky truce exists between two Colombo factions. Mr. Russo is a cousin of Carmine Persico's, and agents believe he may be serving as a caretaker boss until Mr. Persico's son, Alphonse, is installed by his father.

Thanks to Selwyn Raab

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La Cosa Nostra Mob and Russian Mafia Team on Alleged Fraudulent Gas Tax Scheme

Thirteen members of the Mafia and of Russian organized crime were indicted today on charges of collaborating in a scheme to evade $60 million in Federal and state taxes on the sale of gasoline and fuel oil, Federal officials said.

The United States Attorney for New Jersey, Michael Chertoff, called it the largest tax-evasion conspiracy of its kind, part of a larger problem nationwide that defrauds the Government of more than $2 billion a year. The figure is an estimate based on retail gasoline sales and intelligence from informants.

The conspiracy, a scheme that has become increasingly common in the last decade, involves the formation of a chain of dummy wholesale distributors, whose existence helps disguise the intent to avoid taxes. Passing Along the Cost

In a legitimate transaction, fuel leaves the refinery and is sold to a distributor, one of several in the wholesale chain. These refiners, wholesalers of gasoline, are known as "producers." Under Federal tax law producers who register with the Internal Revenue Service may sell to one another without having to pay excise tax. But eventually, as the gasoline makes its way to market, a wholesaler will sell to a small company without the exemption, or directly to the retailer. At this point, the excise tax must be paid, and the producer-seller who has the tax exemption must pay the tax, passing the cost along with the sale price of the fuel.

In illicit transactions involving groups of dummy wholesalers who falsely claim tax-exempt status as "producers," the fuel is moved from one company to another in a series of paper transactions. But the fuel itself never leaves the initial storage center.

Often, the indictment said, invoices among the chain of companies reflected sale prices higher than those actually paid. The difference, the Government said, was often refunded to certain retailers as a cash kickback.

One company in the illegal chain was called the "burn" company, which supposedly would be responsible for paying the applicable taxes. But all its documents were false. In fact, the indictment said, it was a sham intended to insulate the other companies from detection.

When the tax man came calling, the "burn" company disappeared and the other companies in the chain dissolved. Undercutting Wholesalers

The Government said potential tax revenue ends up as a mob tax -- in this case to the Gambino crime family -- and to enrich the conspirators.

To maintain their illicit business association, the conspirators also reinvest some of the unpaid tax money in their companies, enabling them to undercut legitimate wholesalers by a few cents a gallon. This further tightens the mob's hold on the industry, officials said.

The defendants are charged with multiple counts of racketeering, wire fraud, tax evasion and money laundering and face millions of dollars in fines and prison terms of 30 years to life.

Mr. Chertoff and James C. Esposito, the agent in charge of the Federal Bureau of Investigation in New Jersey, said the indictments came after a four-year inquiry.

In February 1992, a fire destroyed a building in Ewing Township, N.J., near Trenton, where the undercover agents had established a series of distributorships. Joint Illegal Operation

After the fire, the agents were contacted by some of those indicted today and were told they would not be allowed to conduct business unless they agreed to make payments and to have their profit margin regulated by the assocation formed by the Gambinos and the Russians.

Mr. Chertoff described the case as a "snapshot of how the traditional and emerging organized crime families operate together."

Mr. Chertoff described the Gambinos' involvement as typical of Mafia groups in providing an "enforcement mechanism." The Gambino family entered the bootleg fuel business recently, officials said, after initial success by the Lucchese, Colombo and Genovese families in infiltrating organizations already set up by Russian emigres.

The prime Gambino figure indicted today was Anthony (Fat Tony) Morelli, who was identified as a captain in the crime family. He was accused of supervising Gambino associates who used threats and violence to help maintain the illegal fuel operation and collect up to 2.25 cents for each gallon sold through the association of dummy companies. Mr. Chertoff said $6.7 million in cash was paid as a mob tax to the Gambino crime group.

Mr. Morelli's associates were identified as Joseph Maritato of Manalapan, N.J., Edward Dougherty of Staten Island, John A. Brogna of Brooklyn, Anthony Zummo of Commack, L.I., and Gregory Federico of Mountainside, N.J.

Victor Zilber of North Brunswick, N.J., who came to the United States from the Soviet Union in 1979 and was naturalized two years ago, was described as operating many of the dummy companies. The indictment said he worked closely with Mela Rubinov, also of North Brunswick, and Arkady Seifer of Brooklyn, who were partners in the associaton of companies run by Zilber.

Igor Roizman of Brooklyn and Jacob Dobrer and his son, Vyacheslav Dobrer, both of Staten Island were also identified as members of the bootleg fuel consortium.

A 13th defendant, George Doddy of Cherry Hill, N.J., was described as an associate of the Dobrers who set up a meeting for the attempted extortion of the undercover business by the Dobrers. All were arrested today, except the Dobrers, whose whereabouts overseas were not known. Mr. Roizman is serving a sentence in the Federal prison in Allenwood, Pa.

Thanks to Charles Strum

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