The Chicago Syndicate
The Mission Impossible Backpack

Monday, April 13, 2009

The State and the Law A Discussion on the Prosecution of Crime With Richard Devine, Locke Bowman and Dean David Yellen

*REMINDER*

Where:
Ceremonial Courtroom – 10th Floor
25 E. Pearson. Chicago, IL 60611
Loyola University Chicago School of Law

When:
4 - 6 pm - Monday, April 13th

What causes wrongful convictions? How widespread is the problem? Are prosecutors too close to the police? What is the role of scientific evidence? Please join the Loyola National Lawyers Guild for a candid discussion on criminal prosecution with Richard A. Devine, Locke Bowman and Loyola's own Dean David Yellen. This discussion will be informative and wide-ranging, addressing some of the most important questions involving the state’s decision to take away a person’s freedom.

This event is free and open to the public!

For more information, contact NationalLawyersGuild@luc.edu
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Richard A. Devine, a visiting faculty member at Loyola University Chicago School of Law, was State’s Attorney of Cook County, Illinois from 1996-2008. As Cook County State’s Attorney, Richard Devine led the nation’s second largest prosecutor’s office, supervising a staff of more than 2,000, including more than 900 attorneys and a $106 million annual budget. A lawyer for over 35 years, he has argued before the Illinois Appellate Court, the Illinois Supreme Court, the 7th Circuit United States Court of Appeals and the United States Supreme Court.

Locke E. Bowman is a Clinical Associate Professor of Law at Northwestern University Law School and the Director of the Roderick MacArthur Justice Center. His work focuses on cases involving police misconduct, compensation of the wrongfully convicted, the rights of the media in the criminal justice system, and firearms control. Based on votes from fellow attorneys, Chicago Magazine named Bowman an Illinois “Super Lawyer” in 2005 and 2006 for his work in constitutional law and civil rights.

David N. Yellen has been Dean and Professor of Law at Loyola University Chicago School of Law since July 2005. Dean Yellen's major area of academic expertise is criminal law, particularly sentencing and juvenile justice. He has written widely about the federal sentencing guidelines, testified before the United States Sentencing Commission, advised President Clinton's transition team and argued before the United States Supreme Court. He has served as professor and Dean at Hofstra Law School, and has taught at other distinguished law schools around the country.

Sunday, April 12, 2009

Prosecutorial Misconduct in the Hoffa Conviction?

The government's hard-won conviction of Jimmy Hoffa on jury-tampering charges is under assault 45 years later.

A retired law professor has persuaded a federal judge to consider unsealing secret grand jury records to set the historical record straight. William L. Tabac wants to prove his theory that the Justice Department - then led by Hoffa's nemesis, Robert Kennedy - used illegal wiretaps and improper testimony to indict the Teamsters leader.

"I think there is prosecutorial misconduct in the case, which included the prosecutors who prosecuted it and the top investigator for the Kennedy Department of Justice," Tabac said.

James Neal, the special prosecutor who convicted Hoffa in 1964 in Chattanooga, calls the claim "baloney." But the petition from Tabac, who taught at Cleveland State University and has been gripped by the Hoffa case since his days as a law clerk, will be heard Monday in a Nashville courtroom.

To prepare for the hearing, Chief U.S. District Court Judge Todd J. Campbell ordered the Justice Department, FBI and other agencies to turn over any sealed records from the Hoffa grand jury related to testimony by investigator Walter Sheridan, wiretapping or electronic eavesdropping.

It's yet another post-mortem look into the affairs of the controversial trade union leader, whose career, disappearance and presumed death continue to spawn conspiracy theories decades later.

The special grand jury convened in 1963 after the federal government had failed for the fourth time to convict Hoffa of corruption charges while he led the Teamsters. The grand jury indicted Hoffa on charges of jury tampering in a Nashville case that accused Hoffa of taking payoffs from trucking companies but ended in mistrial.

A jury in Chattanooga found Hoffa and three co-defendants guilty. Hoffa, later convicted in Chicago of fraud and conspiracy, continued as Teamsters president even as he served four years in prison until stepping aside and getting his sentence commuted by President Richard Nixon in 1971.

Multiple reports describe open animosity between Hoffa and Kennedy, who investigated Hoffa while in the Senate and as attorney general.

Tabac contends the indictment may have been based only or in part on the testimony of Walter Sheridan, a Kennedy special assistant who headed the investigation. Sheridan's testimony "was, in effect, Kennedy's," said Tabac.

"Even during the Cuban missile crisis he (Kennedy) was in touch with Nashville all the time," Tabac said. "I believe he testified to the grand jury through his top aide and I believe it was wrong, especially if that is the basis on which he (Hoffa) was indicted."

Tabac (TAY'-bak) also thinks Edward Grady Partin, a Teamsters official and Hoffa confidant who testified for the prosecution, may have worn a concealed microphone to record conversations with Hoffa and those were heard by the grand jurors.

Kennedy was assassinated in 1968, Partin died in 1990 and Sheridan, who wrote the 1972 book The Hoffa Wars: The Rise and Fall of Jimmy Hoffa, died in 1995. Tabac says only the grand jury records can reveal what happened.

Federal prosecutors oppose Tabac's petition, saying it doesn't meet Supreme Court standards for lifting grand jury secrecy.

Hoffa was last seen in July 1975 in suburban Detroit, where he was supposed to meet with a New Jersey Teamsters boss and a Detroit Mafia captain.

Hoffa was declared legally dead but his body has never been found, spawning innumerable theories about his demise. Among them: He was entombed in concrete at Giants Stadium in New Jersey, ground up and thrown in a Florida swamp or obliterated in a mob-owned fat-rendering plant. The search has continued into this decade, under a backyard pool north of Detroit in 2003, under the floor of a Detroit home in 2004 and at a horse farm in 2006.

Neal, a fledgling lawyer when Kennedy chose him to prosecute Hoffa, said the government did nothing illegal. "Apparently, he (Tabac) thinks if he got the grand jury material he would see that we obtained evidence by wiretaps. It's baloney," Neal said.

Even if Tabac can prove his theory, it's unclear if that would lead to overturning the conviction. "The problem is just that everyone is dead, so it is pretty hard to do," Tabac said. "If there is perjured testimony, I think the relatives may have standing to bring some kind of ... name-clearing procedure."

Thanks to Bill Poovey

Did Organized Crime Firms Perform Work on Yankees and Mets New Stadiums?

Millions of dollars worth of work associated with the new baseball stadiums for the Yankees and Mets was performed by companies that New York City avoids doing business with because of prior allegations of corruption and ties to organized crime.

The roughly $17 million demolition of Shea Stadium, which cleared the way for the new Citi Field in Queens, was largely done by Breeze National Inc., whose vice president, Toby Romano, was convicted on federal bribery charges in 1988 and whom law enforcement officials have identified as having ties to organized crime.

Much of the electrical work at the new Yankee Stadium was done by Petrocelli Electric, a company that since June 2006 has been on a list of contractors that New York City cautions its agencies against using. The owner, Santo Petrocelli Sr., was indicted this month on charges that he had been bribing a leading union official for more than a decade.

In a third instance, the millions of dollars in excavation and cast-in-place concrete work at the new Yankee ballpark was performed by Interstate Industrial, a company that has been barred from doing city work since 2004. City investigators concluded several years ago that Interstate had connections to organized crime. The company has been accused of paying for more than $150,000 in renovations in 1999 and 2000 on the apartment of former Police Commissioner Bernard B. Kerik, who pleaded guilty in 2006 to accepting the work.

Two of the three contractors, Petrocelli and Interstate, were not paid with city funds. But both the ballpark projects were overseen by the New York City Economic Development Corporation and together received roughly $2 billion in public subsidies.

In defending themselves to city regulators and others, the companies have denied any improprieties, or have suggested the allegations were ancient ones that had been long contradicted by years of appropriate behavior on job sites.

The city development corporation’s policy is to review the hiring of major contractors on its projects only when they are paid directly with city funds. And even then, it generally takes no action to review what in some cases are dozens of subcontractors, a spokesman said.

The development agency says it does not have the staff to conduct background checks on all the companies working on a particular project, and with undertakings like the stadiums — private projects that are bolstered by a huge infusion of city, state and federal public benefits — the city has never sought to review the selection of the contractors.

The ball clubs say the companies were hired through competitive bidding processes and performed well under their contracts. No one has made any complaints about the competence or safety of the work they performed, and until recent years, both Petrocelli and Interstate had each won large city contracts with some regularity.

In the case of the demolition work at Shea, the contractor, Breeze National, was paid with state and city funds. But Breeze was hired to do the work by a subcontractor to Queens Ballpark Company L.L.C., a company created by the Wilpon family, which owns the Mets, to develop and operate the stadium.

The development corporation’s spokesman, David Lombino, said that while it reviews the general contractor and first-tier subcontractor, it does not review companies more than two levels down, as Breeze was.

Experts say the policy does not go far enough to help address the problems in the city’s construction industry, which has seen a rash of fatal accidents and has a long history of corruption and mob influence.

James B. Jacobs, a professor at New York University Law School who has written extensively about organized crime and construction corruption over the last two decades, suggested it was shortsighted on the part of the city to refrain from reviewing contractors that were not paid directly with city money.

“We’re talking about the nature of the whole construction industry, which affects public construction, private construction, not-for-profit construction and the whole economic viability of the city,” Professor Jacobs said. “So there ought to be a commitment to do what we can to purge corrupt influences out of that industry.”

Like much construction work in New York, stadium projects have some history of being infiltrated by companies whose ownership, work product or associations has drawn the attention of investigators. In the mid-1980s, for example, a plumbing company that listed John Gotti, the Gambino boss, as one of its salesmen, was hired to do work at Shea Stadium.

For the current projects, neither the city nor the baseball clubs released a list of the companies that have worked on the stadiums.

Questions about the city’s oversight of a stadium project also surfaced six years ago when the Yankees built a $71 million minor-league ballpark on Staten Island. On that job, the development corporation approved awarding the concrete contract to Interstate, though the company was then under investigation by the city.

The president of the development corporation at the time, Michael G. Carey, said there was no reason to question the company’s fitness. But city documents show the development corporation knew the city was examining accusations that the company had ties to the mob. It let the contract go forward when the company’s owner denied the allegations and told corporation officials that the inquiry was routine.

Mr. Lombino, the Economic Development Corporation’s spokesman, said the corporation carries out what it sees as its responsibilities under the law. “We go above and beyond what is required by law to ensure that construction projects are carried out safely and in a timely and cost-effective manner,” he said, adding that the effort “created thousands of jobs in neighborhoods that need them.”

David Newman, the vice president of marketing for the Mets, defended the selection of Breeze and Mr. Romano, saying that Queens Ballpark Company made the choice based on the recommendation of Hunt Bovis, which managed the construction of the new stadium and the razing of the old. It was based, he said, on their capability and resources and their ability to meet the schedule and bond the job. “The deconstruction,” he said, “was done on time, on budget and without incident or injury.”

Mr. Romano, for his part, said in an e-mail message: “It is completely untrue and totally unfair for anyone to state that I was ever connected to organized crime.” He said that the allegation was 17 years old and called it “a self-serving lie by a convicted felon.”

The accusation was made by Alfonse D’Arco, the former acting boss of the Luchese crime family, and was cited by city regulators in 2007 when they blocked another of Mr. Romano’s companies from a license to operate a construction trucking business in the city.

In the case of the electric company, law enforcement officials, trial testimony and F.B.I. reports say Mr. Petrocelli has had associations with members of the Genovese family dating to 1988. His lawyer could not be reached for comment. Mr. Petrocelli pleaded not guilty to the criminal charges filed this month.

Interstate’s owners have also denied the allegations that they have ties to the Gambino crime family or that they paid for Mr. Kerik’s renovations.

At Yankee Stadium, the contract was technically awarded to a company called Central Excavators. But the Yankees, Interstate and the Turner Construction Company, which built the stadium for the Yankees, have all acknowledged that Interstate performed the work.

Turner said in a statement that it selected Petrocelli and Interstate “after a competitive-bid process and based on Turner’s positive experiences working with these firms.” The statement noted that the work performed by the two companies was limited to the stadium itself, and thus no taxpayer money was used to pay them.

A spokeswoman for the Yankees, Alice McGillion, said that in an excess of caution, the company had brought in an independent construction monitor to oversee the stadium project, including the hiring of subcontractors by Turner.

The monitor, Edwin H. Stier, said his company came on the job after Petrocelli and Interstate had already been hired, but performed background checks on subsequent subcontractors.

“The important thing is that the Yankees did something about it, and as a result of it, we identified a number of issues, including the presence of Interstate and the presence of Petrocelli,” he said. “They were there already working on site and the Yankees said to our firm, we want you to monitor them very carefully.”

Thanks to William K. Rashbaum

Deputy U.S. Marshal Trial to Begin on Monday

Once known as a tireless bloodhound who tracked down fugitive gang leaders, deputy U.S. marshal John T. Ambrose now faces years behind bars if he is convicted of betraying his oath and leaking secrets to the mob.

Ambrose, 40, is due to go on trial Monday for tipping off organized crime figures seven years ago that a so-called made member of the Chicago mob had switched sides and was now providing detailed information to federal prosecutors. Ambrose denies he ever broke the law in handling secret information.

"The feds are guaranteed to see this as the worst sort of treacheryThe Chicago Outfit," says mob expert John Binder, author of "The Chicago Outfit." ''I don't think I'm overblowing it. They're going to see him the way the military sees a Benedict Arnold."

U.S. District Judge John F. Grady has ordered extraordinary security including screens in the courtroom to conceal the faces of key witnesses from spectators.

Inspectors in the government's supersecret Witness Security Program operated by the U.S. Marshal's Service will testify behind the screens and also use pseudonyms.

The idea is to prevent anyone from identifying the inspectors, whose job it is to guard heavily protected witnesses from mob assassins, terrorists or others who might want to silence them.

Ambrose defense attorney Francis C. Lipuma objected to the screens and testimony under false names. "This is going to sensationalize the trial," Lipuma told a recent hearing.

Ambrose is accused of leaking information to the mob about an admitted former hit man, Nicholas Calabrese, who was the government's star witness at the landmark 2007 Family Secrets trial that targeted top members of the Chicago mob.

As a trusted federal lawman, Ambrose was assigned to guard Calabrese on two occasions when witness security officials lodged him at "safe sites" in Chicago for questioning by prosecutors.

Ambrose is charged with stealing information out of the Witness Security Program file and passing it to a go-between believing it would go to reputed mob boss John "No Nose" DiFronzo.

He's accused of leaking information about the progress of the investigation -- nothing about the whereabouts of the closely guarded witness. But prosecutors say it still could have put Calabrese in jeopardy, and Grady seemed to agree when the issue came up at a hearing last week.

"Anyone who has even occasionally read a Chicago newspaper in the last 20 years knows what the potential consequences of testifying against the so-called Mafia are," the judge told attorneys.

The Family Secrets trial was Chicago's biggest mob trial in years. Three of the top names in the mob including Calabrese's brother, Frank, were sentenced to life in prison and two other men received long terms behind bars.

Nicholas Calabrese admitted he was involved in the murders of Tony "The Ant" Spilotro and his brother, Michael. Tony Spilotro was the model for the Joe Pesci character in the movie "Casino."

Nicholas Calabrese also said one of the Family Secrets defendants, reputed mob boss James Marcello, was among those in a suburban basement the night the Spilotro brothers were strangled.

Calabrese agreed to cooperate in the Family Secrets investigation in 2002 after a bloody glove recovered by police yielded DNA evidence placing him at a murder scene. Rather than risk capital punishment, Calabrese agreed to become a witness. He was placed in the Witness Security Program.

Ambrose was charged with stealing and leaking the contents of Calabrese's file after federal agents bugged the visitors room at the federal prison in Milan, Mich.

James Marcello was an inmate there and was visited by his brother, Michael Marcello, the operator of a video gaming company who eventually was charged in the case and pleaded guilty to racketeering.

Authorities overheard the Marcello brothers discussing a mole they had within federal law enforcement who was providing security for Calabrese. They called him "the babysitter." They said he was also providing information on the investigation.

Agents quickly narrowed the suspects to Ambrose when one of the Marcellos said "the babysitter" was the son of a Chicago policeman who went to prison decades ago as a member of the Marquette 10 -- officers convicted of shaking down drug dealers.

Ambrose's fingerprint was later found on the file.

Thanks to AP

Saturday, April 11, 2009

Would You Help Michael Corleone?

A couple of years ago, EA took on the ambitious task of creating a video game based around the iconic film, The Godfather. While video games based off of films generally turn out to be real stinkers, the developers had some interesting concepts that eventually made the video game adaptation a hit. One major aspect of the first game that was missing was the feeling of actually being a Don and controlling your crime family. EA thought this through, and due to the overwhelming request for a follow up, it was one aspect they couldn’t refuse for the sequel.

The Godfather II takes place during the eve of the Cuban revolution. In the midst of a major mob meeting in Havana, the Don of your family is killed and you take control of your battered organization. Once Michael Corleone is investigated by the Senate Committee on Organized Crime, he calls upon you to gain control and reestablish the New York operation and make an expansion into Miami. To succeed you must hire men, gain loyalty, extort businesses, and if need be, take out a made man or two. As they say, it’s only business.

Admittedly the concepts behind this new game made my mouth water with anticipation. I mean finally I get to be the Don of my own family and take siege of territories. With that said, the actual strategies of the game fare very well. You get to recruit your own members one by one, taking in consideration what strategies will be best suited for each operation. You get to have conversations with each new recruit to see if their lifestyle and goals mesh with your own. Once you have your crew established, it’s time to make some money. You can start off by taking over one business at a time, but most businesses are linked which allow you to quickly organize your own crime ring. To take over businesses you have to intimidate the owners. You don’t wanna go in guns a blazing, that does no one any good, not to mention who wants to own a bullet riddled burlesque house? Each owner can be manipulated by a series of measures, physically, destroying property, it is up to you to find the owner’s weak spot and exploit it to take over a business, and maybe even earn a little extra scratch if you take your time with such actions.

Of course just taking over business isn’t as easy as going in and roughing up the place. You will have rival families to deal with, and not just the ones who own the rackets, but other families who are just as eager to make a name for themselves. You can set up guards to hold down any businesses you control, and if need be, send one of your own family to take care of the business and increase that man’s loyalty to the family. If you find that a particular family is getting too greedy, you can take out a made guy and show that family who is boss. There will be certain circumstances where the made man is too strong to just walk in and execute, so it is up to you to find out the right way to take them out as if not to have the entire family gunning for you.

Here you can find key individuals on the street from civilians who need a favor or even corrupt officials who are on the take. They will not only tell you the location of the made guy in question, but provide clues on how to properly perform the execution.

All these factors can be controlled by looking at the “Don’s View” menu that shows you the entire map and the specific locales and people involved. It is here where you can manage your affairs such as money, how many guards to control areas, where made men hide out, etc. This all sounds good right? Well indeed the whole Don control aspects are the meat of the game and will keep anyone interested from beginning to end. I do have a few certain gripes about the way the A.I. plays out in this portion of the game, such as territories being taken over too quickly, or even retaken over once controlled. So there are a few setbacks that hamper exploration in the game.

Where The Godfather II hurts in implementation is the actual gameplay itself. With a little more polish on visuals, controls, and A.I. The Godfather II could have been something special. Not that the game is unplayable or has major problems, but little things like floaty controls, the inability to jump unless prompted, the less than next generation visuals, and extremely dumb and erratic A.I. keep the game from living up to the expectations of many gamers. All my little nitpicks are vague and if you really enjoy the strategies and aspects of the Godfather II, then you will soon forget about the issues and appreciate what it does best; allows you to finally be the Don. There are many gamers out there who will let the action portions of the game intrude on their enjoyment, which is a shame as the core of the game is very addictive.

The Godfather II offers online play, but at the time of this review (before the game’s official release), it wasn’t yet implemented, so I was unable to be apart of the game’s online experience. You can however, join up and have an all out crew battle with 16 players by taking members of your own family online, raising their ranks, and even transfer cash into the single player campaign.

I for one love what ideas the developers had in store with The Godfather II. The strategy elements were well thought out, implemented nicely, and the game really gives players the feeling of controlling your own family. If a bit more polish and time were given to the game’s action portion, The Godfather II would indeed be one you couldn’t refuse. As is, I can only suggest playing it first to see if you are the kind of gamer who appreciates the game enough to endure the subtle flaws. If you are, you can rest assured you will have a great time going to the mattresses.

Thanks to Brian Peterson

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