Rudy Fratto Seeks to Delay Federal Sentencing

Chicago Outfit bosses have devised some shrewd excuses to stall justice, from feigning heart attacks and strokes to babbling incoherently as if possessed by an evil spirit.

About the time most people were starting to thaw the Thanksgiving bird last week, Rudolph C. "Rudy" Fratto of Darien was filing a motion to put off his federal court sentencing for a while.

The reason?

His lawyer needs a vacation in a sunny place. And then after the vacation his lawyer needs eye surgery.

Most people would take a break after an operation, but maybe the attorney needs to rest up for the surgery.

Regardless, by syndicate standards Fratto's delay tactic - laying it off on his lawyer - deserves a C at best. But as lame as the motion may be, the occasion allows me to revisit Mr. Fratto, whose well-cleansed and affluent suburban lifestyle has allowed him rapid upward movement in the Outfit, according to mob investigators.

As the omnipotent overseer of Outfit rackets in Elmwood Park, according to mobologists, for years Fratto has flown just below the fed's radar. Then, the lanky and birdlike Fratto committed the same mistake that eventually brings down all crooks: tax charges.

The feds finally got Al Capone that way. They caught Rudy Fratto when he neglected to ante up more than $141,000 in taxes on about $835,000 in income. So, the government got him indicted by a federal grand jury.

Now I know that federal prosecutors could get a hamburger indicted, as Joey "the Clown" Lombardo said recently in the Family Secrets mob murders case. But after they are indicted, nobody makes them plead guilty as Fratto, 65, did last month.

The kindly U.S. District Judge Matthew F. Kennelly set sentencing for Jan. 12, which allowed Fratto to spend the holidays with his family.

Last Thursday Mr. Fratto no doubt gave extra thanks for his timely fortunes and took an extra helping of mashed potatoes. And he will be able to enjoy a very merry Christmas and a blissful New Year with his loved ones before the judge considers handing him 12 to 18 months, which is the term called for in his plea bargain.

A year and a half isn't the kind of stay at the Crossbar Hotel that "Scarface" was given for breaking federal tax laws, but it no doubt is an unwelcome cold spell for a late-budding mob boss.

Now though, Mr. Fratto's sentencing may be delayed even further due to his lawyer's vacation plans and untimely cataract surgery.

The Fratto motion, to be heard on Wednesday morning in federal court, asks for a delay in sentencing to Feb. 12 for the convenience and pleasure of Fratto's attorney, Arthur N. Nasser.

"The defendant's attorney had made plans to visit with his family during Thanksgiving weekend in McLean, Va., and Christmas in Charleston, W.V." states the motion. "Thereafter, he has reservations to travel to Palm Springs, Calif., for 12 days departing Dec. 28, 2009 and returning to Chicago on Jan. 9, 2010. Upon his return to Chicago he is scheduled to have a cataract removed from his right eye ... on Jan. 14, 2010."

Such an excuse might have been better suited for Fratto's dearly-departed crime syndicate relative, Luigi Tomaso Giuseppi Fratto, who was a gangland boss and labor racketeer from the 1930s into the '60s.

Fratto was also known as "Cockeyed Louie" due to his off-kilter eyeball. Modern surgery could have fixed the problem.

"Cockeyed" is just one of Fratto's blood relatives who toiled in the trenches of the mob when it was in its infancy during the 1920s.

Rudy's public behavior certainly befits that of a smart-aleck Outfit boss. Federal records first reported by the ABC 7 I-Team revealed that Fratto was considered a major threat to major mob witness Nicholas Calabrese, a reformed hitman.

Calabrese' compelling testimony helped put away top hoodlums during the Family Secrets trial. Fratto was not charged in that case. Also, he was photographed over the years by federal surveillance teams during meetings with mob leaders. In 2001, he was seen at a secret Outfit summit where the takeover of video-poker turf in the suburbs was being hatched.

On another occasion, Fratto was observed meeting with former Chicago Police Chief of Detectives William Hanhardt. The duo was plotting of a proposed gangland hit, according to testimony in 2002 during a sentencing hearing in Hanhardt's jewel theft case. The hit did not occur and Hanhardt is serving a federal prison sentence. But getting a sentencing extension because your lawyer needs a Palm Springs vacation? Wimping out like that surely will not earn Rudy Fratto a place in the Outfit's Hall of Famous Ploys, Tricks and Tactics.

Thanks to Chuck Goudie

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Will 4th Junior Gotti Trial End in Another Stalemate?

John Gotti Jr. sat at the defense table, the weight of his family history and whatever we have learned from countless movies and TV dramas about the Mafia, swirling around him.

This was the fourth time in the last four years that prosecutors have brought a case against him, this time for murder and racketeering, and just like the previous three trials in the ornate federal courthouse in lower Manhattan, a jury of 12 ordinary citizens have not been able to decide if he is guilty of the crimes charged.

"They have exhibited strength, intelligence, compassion and truthfulness and should be doubly commended for standing tall and firm for their beliefs and disbeliefs," Victoria Gotti, John's sister, told Fox News, acknowledging the proceedings have been a "difficult and exhausting trial." That slow journey will continue after the Thanksgiving holiday, with the jurors returning for more deliberations next week.

The jury announced it was deadlocked, just as the last three juries have since 2005, potentially handing federal prosecutions a stalemate. The U.S. government has so far been unable to convince 48 people that Gotti continued to follow his father's line of work. He has said he quit, in 1999, when he plead guilty to racketeering charges and went away for six years. At the time he said he thought that plea, and the sentence, would wipe the slate clean, but he was slapped with new charges when he left prison four years ago.

Prosecutors have ridiculed the claim that he quit.

"This defendant has lived the Mafia life," declared Assistant U.S. Attorney Jay Trezevant, "and he never, never quit that life." They say the claim was concocted as a legal strategy and tried to show you just can't give the mob walking papers.

They presented the testimony of Bonanno Family Capo Dominick Cicale, who said you can only leave the Mafia by cooperating with the federal government or by dying. But others have walked away and lived to tell about it.

The most noted examples were the founder of the Bonanno crime family, the late Joseph Bonanno, and his son, Salvatore "Bill" Bonanno. Bill told Fox News in 2006 that he thought John Gotti Jr. had indeed left what they call "the life," in 1999, seeing what the world glamorized by "The Godfather" had really become.

In his book, "A Man of Honor: The Autobiography of Joseph Bonanno," Bonanno wrote: "The world I grew up in is gone and what is left is in ruins. The Mafia stories continue, however, regardless of the emptiness behind them."

Bonanno wrote those words in 1999, not only the same year Gotti, Jr. claims he dropped out, but the year that the "The Sopranos" debuted on HBO, giving America a new, fictional mob fascination.

"The Sopranos" ended with the famous, and controversial, black-out scene. No Tony in handcuffs, no Tony walking away. Just Tony eating with his family. We think he's still out hustling in New Jersey and then dining at the Vesuvio with Carm. But in real life, organized crime careers have voluntarily ended with the finality viewers were denied by "The Sopranos" nebulous ending.

"You can quit the mob, I've done it," former Columbo crime family Capo Michael Franzese told Fox News.

The 58-year-old Franzese is the son of John "Sonny" Franzese, "a kingpin of the Columbo crime family," as Michael's Web site, MichaelFranzese.com, puts it. But after being released from prison, he became a born-again Christian, motivational speaker, producer and author. His latest book, "I'll Make You An Offer You Can't Refuse," applies what he learned in the mob to the business world - legally.

"You've got to be crazy to stay in the life," says Franzese. "Like me, John wasn't destined for this life and neither was I. I was going to school to become a doctor. I question my own self at times. I did this for my dad. At one point I wanted him to be proud of me, and I think John shares a similar feeling like that. So we got into it for one reason and realized what it was all about, and maybe had second thoughts."

The most intriguing, and surprising evidence of precedent for departing the ranks of wise-guys and not being stuffed in a barrel and dumped in the ocean, was a 1985 F.B.I. wiretap of Aniello Dellacroce. The then 71-year-old mob patriarch suffered from terminal cancer, and as the reputed underboss of the Gambino Crime Family at the time, he actually explained how the Gambinos had kicked someone out.

Dellacroce, who was the mentor of John Gotti Jr.'s father, was secretly recorded talking about a dismissed crime family member on June 9, 1985, in his home on Staten Island, New York, six months before he died.

"We threw him out of the Family," Dellacroce explained.

"So, youse knocked him down," responded a listener, meaning the man in question was demoted.

"No,"responded Delleacroce. "He's out of the family."

"He's out?" asked his friend, incredulously.

"Yeah," said Dellacroce. "We threw him out. Out."

"You threw him out?"

"Out. He don't belong in the Family no more. Any friend of yours, any, any friend of ours in the street...that you see...you tell them. This guy, he ain't in the family no more. You don't have nothin' to do with him. That's it."

Four days later, another FBI wiretap heard the group discussing their lawyers, and their visit to one lawyer's office.

"My God, what a layout he's got. They got more customers... Michael Franzese was there," noted one speaker, impressively.

During that tape, they resumed discussing the banished former Gambino.

"This guy is out, We threw him out," the group was reminded and then they start arguing about that possibility.

"I heard (this guy) was just taken down, he wasn't thrown out." said one.

"This guy was thrown out. Ya understand?" Dellacroce snapped. "Nobody's gonna bother with him...I wouldn't bother with him and nobody else would...I'll explain to him a little better this time…Maybe he didn't get the message right... Threw him out, that's, that's right. We threw him out...They don't understand English," said Dellacroce, trying to finally get his message through.

Even Sammy "The Bull" Gravano, who later served as the Gambino Underboss, quit by agreeing to testify against the senior Gotti in 1992. Gravano wrote in his book, "Underboss: Sammy the Bull Gravano's Story of Life in the Mafia," that he when he walked in to meet Gotti's prosecutor, he declared: "I want to switch governments," meaning from the Gambinos to Uncle Sam. He later was caught running a drug ring in Phoenix after he served five years for 19 murders, and is now back in prison.

The current, active members of Cosa Nostra may not agree, but history shows that even their leaders, at the highest levels -- including the bosses of two crime families- have walked away. And now a jury, once again, is trying to determine if John Gotti, Jr. did just that.

"I can tell you, unmistakably, that he has left that life," John's sister, Victoria, told Fox News. "We're not talking about a guy that is being paraded out there and there are videotapes or audio tapes of John with present day mob members," she notes, indirectly alluding to the avalanche of wiretaps and surveillance videos the Feds used as evidence against her father.

"John is no part of that life anymore," she adds. "I believe they know that deep in their hearts and in their brains."

Meanwhile, John Gotti, Jr. waits for a verdict -- if there is one.

Thanks to Eric Shawn

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The Other Chicago Mob: The True Story of Gary Cohen Man in Blue

The Other Chicago Mob the story of Officer Gary Cohen, a cop from 1966 to 1988. He and his brother officers were almost universally opportunists, crooks, and in some way on the take in a police department set up to facilitate dishonest activity. This is the story of a crooked cop in a dishonest system that is part of a dysfunctional city government. It describes a forty-year cover-up as Gary crosses the thin blue line and breaks the code of silence to set history right. The Other Chicago Mob is the police department, and the story explains how it works, names individuals, takes you on the streets and down in the subways in this never before told true police story. Walk the streets and alleys of Chicago and see what being a cop was really about.

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Gomorrah DVD

Matteo Garrone's GOMORRAH is a dense, sprawling exposé of the corruption plaguing the communities of Naples and Caserta in modern-day Italy. all-powerful Camorra syndicate influences the lives of even the most innocent citizens. In a manner similar to THE WIRE, Garrone tells his story from many different angles, resulting in a complicated narrative that often feels novelistic. In many cases, the revolving stories never overlap or intersect. While that may be jarring to those viewers who are used to having their strings tied neatly for them by a film's conclusion, Garrone's decision results in an experience that feels much more honest and true. We witness the syndicate's impact from the top down and from the inside out, following a cavalcade of characters who are all trying in their own ways to escape the deadly world in which they live.

Based on the book by Roberto Saviano, Garrone's crime epic is a powerful indictment of the corruption that is running rampant in Italy. His decision to present such a wide spectrum of characters enables him to show just how deeply everyone is impacted by this terrifying, unchecked display of criminal power. Cinematically, he employs a dizzying array of styles in order to further establish the frighteningly ungoverned atmosphere that pervades this community. GOMORRAH succeeds as both visceral entertainment and thoughtful social commentary. (2 hrs. 17 min.)

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Mario Rainone, Reputed Chicago Mobster, Pleads Guilty to Residential Burglary

A reputed member of the Chicago mob was sentenced to 71/2 years in prison Monday when he pleaded guilty to burglarizing a Lincolnshire house.

Mario Rainone, 54, pleaded guilty to residential burglary during a hearing before Lake County Associate Judge George Bridges.

At the time of the Feb. 12 burglary, Rainone was on parole for a racketeering and conspiracy conviction in federal court for his activities as a member of the Leonard Patrick Street Crew.

Assistant State's Attorney Marykay Foy said Rainone, of Addison, and Vincent Forliano, 39, of Bloomingdale, were under surveillance by a task force of police from several jurisdictions in northern Illinois.

Police watched as the pair drove from Bloomingdale to Trafalgar Square in Lincolnshire, walked into a condominium complex and emerged a few minutes later with property under their coats.

Officers followed them to an intersection in Addison, where their car was stopped and they were arrested after a purse, cash and jewelry taken from the Lincolnshire house was found in the vehicle.

Both were charged with residential burglary, which Foy said carries a mandatory prison sentence of four to 15 years upon conviction.

Foy said Rainone was convicted of residential burglary in 1972, and in 1992 pleaded guilty to the federal racketeering charge in exchange for a sentence of 171/2 years in prison.

He is currently charged with violating his parole in that case and faces another federal charge of possession of a weapon by a felon based on a handgun that was discovered in his house after his arrest in the Lincolnshire case.

In addition, Foy said Rainone faces federal charges of bribery in Wisconsin for having contraband food smuggled into the prison where he was serving time.

Forliano has pleaded not guilty to charges in the Lincolnshire case and is scheduled to appear in court Jan. 27.

Thanks to Tony Gordon

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