James Marcello Cleared of Parole Violation

Reputed Chicago mob boss James Marcello won a court skirmish with federal prosecutors Wednesday when a judge cleared him of an old charge of parole violation, but the victory did not win him his freedom.

Marcello left court to return to federal prison where the sexagenarian must continue to serve a life sentence for his part in an almost-two-decade organized crime wave that included a series of 18 long-unsolved murders.

U.S. District Judge William Hibbler ruled that federal prosecutors had failed to show that after Marcello's release from prison in 2005 he had violated the terms of his supervised release.

Marcello was arrested and put back behind bars a year later when prosecutors unsealed their sweeping Operation Family Secrets indictment of alleged leaders of the Chicago Outfit - the name of this city's organized crime family - and their followers.

He was convicted of murder in 2007 and sentenced to life in prison.

Prosecutors wanted Hibbler to revoke Marcello's supervised release. That way, there would still be a way to keep him behind bars if his conviction in the Family Secrets case were reversed.

Two other big-name reputed mobsters - Frank Calabrese Sr. and Joseph "Joey the Clown" Lombardo - are serving life sentences as a result of their convictions in the Family Secrets case.

Thanks to NewsRadio 780

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"King Rudy" Acosta and 2nd Amendment Rights in Chicago

In its wisdom, the U.S. Supreme Court finally took up Chicago's ridiculous 27-year-old handgun ban on Tuesday.

Why is it ridiculous? Because only three classes of people are comfortable with handguns in the anti-handgun city: Cops, criminals and the politically connected.

Mayor Richard Daley sure is upset that the ban might be overturned. But he probably has more armed guards protecting him than the president of Venezuela.

Chicago aldermen are allowed to carry handguns. I wanted to ask the chairman of the City Council's police committee about those gun-toting aldermen. But there was no chairman. The last one just resigned after pleading guilty to federal bribery charges, so he wasn't around.

If the Supreme Court really wanted to know why some folks in Chicago have guns and others don't, they should have called an expert witness:

Rudy Acosta, the former "gangsta" rap impresario, or King Rudy, as he likes to be known.

King Rudy, 34, lives in Chicago. He's had lots and lots of handguns.

"Oh, leave Rudy alone," said his wily and high-profile criminal defense lawyer Joseph "The Shark" Lopez. "Rudy's just another hard-working average American trying to make a dollar."

King Rudy has been arrested at least twice with guns. But he's never been convicted of a felony.

He once told police he's a former member of the Satan Disciples street gang. He now has a video portraying him as a kingpin, a "man of respect," with fine cigars, sweet rides and power.

"That's a video from a long time ago [2008]," Lopez said. "He's a self-promoter. It's the American way."

Back then, I wrote a few columns about Acosta and his monstrous castle on the Northwest Side overlooking the Kennedy Expressway.

Although the neighbors objected to the construction, King Rudy understands the Chicago Way. His father was a Democratic machine precinct captain. Rudy hired a member of the political Banks family — the first family of zoning — to win castle approval from City Hall.

Back then, I wrote he'd been arrested by Chicago police, who said they found four illegal handguns and $112,000 in cash in a wall safe. But all charges were dropped because the elite politically connected unit that arrested King Rudy was itself the target of a federal corruption probe. Is that Chicago or what?

In a recent development, Rudy's guns got him in trouble again. On Oct. 11, 2009, he was arrested at his River North condo. Officers arrived in the lobby just before 6 a.m. to find building security guards cowering "behind a concrete wall."

According to police reports, Rudy was waving a loaded 12-gauge shotgun and screaming that there were robbers in his condo.

Rudy was pointing at security monitors, saying, "They're coming from the side! They're coming after me!"

"Rudy, put the gun away, it's a shadow," a security guard told Rudy.

The report also noted that Rudy relinquished the shotgun before accompanying police up to his condo, scene of the alleged robbery. Police found two men inside, who said they were much too relaxed for such hijinks.

They were Rudy's guests, and had been "drinking and doing lines of coke," the report said.

"Further observation of the offender's apartment revealed an open wall cabinet containing eight handguns and several boxes of ammunition," the report said. And where was the robber? Acosta explained, "There was a guy who climbed off my balcony using a rope." Employing the famous dry sarcasm of Chicago cops, officers noted in the report that Acosta's condo was 46 stories above the ground.

So Acosta was charged with breaking the city's handgun law and reckless conduct — both misdemeanors. But those charges were also dropped, when police failed to appear in court.

Lopez told me his client didn't plan on recovering his guns, but that he "has every right to have guns" in Chicago.

Pardon me?

"The police got their facts wrong," Lopez said. "He was in fear of his safety. And has a PERC card, he's fully licensed. He's not a convicted felon."

PERC stands for Permanent Employee Registration Card. The state government gives these out to private investigators so they can carry guns in the anti-handgun city.

We checked state records. Before the second arrest, Acosta became fully licensed to carry through May, 2012.

Lopez said Acosta has left the gangsta rap business and is now in the private security business and dabbles in real estate.

Whew. That will make the new neighbors feel safe. With Rudy packing all that heat, what criminal would be foolish enough to rob him and try to escape on a rope down the castle walls?

Sadly, Lopez said his client isn't going to move into the castle.

"He's putting it up for sale," Lopez said. "You forced him to sell his house with what you wrote about him. It's too hot now. He can't move in. The neighbors don't want him. He's just a hard-working guy."

The Chicago residents who appealed to the Supreme Court on Tuesday are hard-working, too. But they don't make videos portraying themselves as "gangstas."

All they want is to be able to protect themselves like the boss of Chicago and the politically connected, which is their constitutional right.

And Rudy?

He's just a hard-working guy with the right to bear arms, in the anti-handgun city that works.

Thanks to John Kass

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Berwyn Businessman Casey Szaflarski Arrested on Federal Illegal Gambling and Tax Fraud Charges; Added as Eighth Defendant in New Indictment

A Chicago man who allegedly helped a criminal organization run its illegal gambling activities was arrested today on federal gambling and tax fraud charges, federal law enforcement officials announced. The defendant, Casey Szaflarski, acting through his Berwyn business, Amusements, Inc., was charged with conducting an illegal gambling business since 2002, along with two other men—among seven total—who were charged previously. The gambling and tax charges against Szaflarski were brought in a superseding indictment that was returned by a federal grand jury last week and unsealed today following his arrest. The charges allege that Szaflarski failed to report more than $255,000 of business income between 2004 and 2006, and that he failed to file a federal income tax return for 2007.

Szaflarski, 52, was scheduled to be arraigned at 2:30 p.m. today before U.S. Magistrate Judge Nan Nolan in Federal Court in Chicago. He was charged with one count of conducting an illegal gambling business, three counts of filing a false federal income tax return, and one count of failing to file a federal income tax return, for a total of five counts in the 16-count superseding indictment.

The new indictment was announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Alvin Patton, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Andrew L. Traver, Special Agent-in-Charge of the Chicago Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal officials commended the assistance of the Berwyn Police Department and the Cook County Sheriff’s Department.

The charges against Szaflarski were brought in a superseding indictment in United States v. Polchan, et al., 08 CR 115, in which seven other defendants were indicted in May 2009 on racketeering conspiracy charges alleging eight years of criminal activity, including armed robberies and thefts, illegal gambling, obstruction of justice, and arson, including the pipe-bombing of a competing Berwyn video and vending machine business in 2003. Szaflasrki was not charged in the racketeering conspiracy or arson counts. He was charged with conducting an illegal gambling business, ongoing since at least 2002, with co-defendants Michael Sarno and Mark Polchan.

Today’s indictment adds a new forfeiture allegation seeking at least $3,607,201 from Szaflarski, Sarno, and Polchan as proceeds of the alleged illegal gambling activity. The indictment results, in part, from federal search warrants that were executed at more than two dozen suburban locations, including bars and restaurants, on May 27, 2009.

The three counts of filing false federal income tax returns allege that Szaflarski failed to report the following income from his closely-held business, Amusements, Inc.:

* at least $78,417 for 2004 when he reported total income of $373,736;
* at least $82,355 for 2005 when he reported total income of $262,842;
* at least $94,593 for 2006 when he reported total income of $286,071.

The indictment further alleges that Szaflarski failed to file a federal income tax return for 2007 when he received gross income of at least $95,911.

The government is being represented by Assistant U.S. Attorneys T. Markus Funk and Amarjeet S. Bhachu.

The counts against Szaflarski alone carry the following maximum terms of incarceration: operating an illegal gambling business—five years; filing false federal income tax returns—three years; and failing to file a federal income tax return—one year. In addition, each count carries a maximum fine of $250,000, except the failing to file count, which is a misdemeanor and carries a maximum fine of $100,000. Defendants convicted of tax offenses must be assessed mandatory costs of prosecution and remain liable for any back taxes, interest, and penalties owed. If convicted, the Court must determine a reasonable sentence under the advisory United States Sentencing Guidelines.

The public is reminded that an indictment contains only charges and is not evidence of guilt. Szaflarski and the defendants charged previously are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

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Casey Szaflarski, Suspected Mob Video Poker King, Arrested on Gambling and Tax Fraud Charges

A Chicago man suspected of running a video poker business linked to the Chicago Outfit was arrested today on federal gambling and tax fraud charges, authorities said.

Casey Szaflarski, 52, was added to an indictment brought last year against Michael "the Large Guy" Sarno, a reputed mob figure accused of running a ring that pulled jewelry heists and bombed a competitor's video poker business.

Court records show authorities suspect that Szaflarski, who owned Amusements Inc. of Berwyn, entered the video poker business with the help of Mickey Marcello, a member of the mob's Melrose Park street crew who pleaded guilty in the landmark Family Secrets case.

Federal authorities carried out searches last year at businesses suspected of keeping machines run by Szaflarski's business, court records show. Agents also searched a 2007 black Hummer allegedly used by Szaflarski while making visits to businesses that used his machines. Authorities believe the machines could bring in more than $2,000 a day.

The charges against Szaflarski alleged he failed to report more than $255,000 of business income to the Internal Revenue Service between 2004 and 2006 and also failed to file a federal income tax return for 2007.

He was charged with one count of conducting an illegal gambling business, three counts of filing a false federal income tax return and one count of failing to file a federal income tax return.

Thanks to Jeff Coen

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Top 10 Courtroom Movies of All Time

Courtroom movies hold a special ability to provide mystery, suspense, and a good story that almost always reaches a neatly packaged conclusion, making this genre of movies appealing to a wide variety of audiences. Check out these movie recaps (including plot spoilers!) that span the entire 20th century, with black and white dramas, more modern dramas, and even a comedy and a documentary in the list. While it might not substitute for your training to become a court reporter, it certainly can’t hurt to spend some time watching these courtroom movies to understand the history and popular culture surrounding your chosen field of study.

1. The Paradine Case (1947). Alfred Hitchcock directed this film that stars Gregory Peck as a barrister hired to defend Mrs. Paradine when she is accused of killing her wealthy, older husband. The barrister, happily married, begins to fall for the alluring Mrs. Paradine as he gets deeper into the case. The trial focuses on whether Mrs. Paradine or Mr. Paradine’s valet killed the man. During a particularly rough line of questioning by the barrister, the valet confesses to an affair with Mrs. Paradine. He leaves the courtroom and later kills himself. Upon learning of the death, Mrs. Paradine confesses to killing her husband, her love for the valet, and her hatred for the barrister, who she feels killed her lover. The barrister must then come to terms with how he handled the case and himself.
2. 12 Angry Men (1957). A teenage boy is put on trial for killing his father. When the twelve men on the jury begin deliberation, what initially seemed an easy guilty verdict suddenly becomes much more complex when one juror (played by Henry Fonda) asks the other jurors to look closely at the facts of the trial. What results is a study in humanity as each of the jurors faces his own prejudices, emotions, and histories in a search for the truth.
3. Witness for the Prosecution (1958). This stunning movie was adapted from a play written by the master mystery writer, Agatha Christie. Tyrone Power and Marlene Dietrich play Leonard and Christine Vole. Leonard is accused of killing a rich woman who left him a substantial amount of money. Leonard’s trial is full of twists and turns as his attorney fights to clear his name. When it appears that Christine has set Leonard up for murder and Leonard is cleared, the plot twists again.
4. Judgment at Nuremberg (1961). Based on a real trial that took place in 1947, this powerful movie stars Spencer Tracy as an American judge determined to understand the truth at the heart of the case that has four German judges accused of human atrocities under the Nazi regime. Tracy’s search for the truth reveals heartache and emotional blindness. Eventually the truth is revealed when one of the judges on trial describes the reasons he and so many others followed along with such horrific acts. When this movie was released in 1961, all four judges on whom the movie was based were already released from prison.
5. To Kill a Mockingbird (1962). Based on the novel by Harper Lee, Gregory Peck stars as an attorney in a small southern town who is selected to defend a black man accused of raping a white woman. The story is told through the attorney’s young daughter, Scout. The trial and the events leading up to the trial depict both the rampant racism in the town as well as the beauty of humanity glimpsed between the other. While the trial does not end with justice being served, the movie ends with hope for the future as seen through Scout.
6. The Verdict (1982). Paul Newman plays a lawyer who has turned to alcohol and shunned his career after his attempt to uphold justice was turned against him and he lost his partnership in a successful firm. A friend throws an easy medical malpractice case to him that is sure to settle out of court. When Newman’s character looks over the case, however, he feels it should go to trial. What follows is a study of the lawyer’s rebuilding his life and career in the face of both obstacles and infidelity as he wins the case for the family of a young mother left in a vegetative state.
7. A Few Good Men (1992). Tom Cruise, Jack Nicholson, and Demi Moore star in this movie directed by Rob Reiner. Cruise plays an inexperienced lawyer for the Marines who defends two Marines accused of murdering a fellow Marine. The court case uncovers intense hazing that occurred under orders of the commanding officer and pits the green lawyer against a seasoned Colonel who verbally spar over what it means to have honor and to be a Marine. The lawyer wins the case, but the two he was defending are dishonorably discharged.
8. My Cousin Vinny (1992). In a genre heavy with drama, this movie stands out as being both an excellent courtroom movie that is also a comedy. When two young men are accused of a murder they did not commit as they were passing through a small southern town, they hire the only lawyer they know and can afford–a cousin from Brooklyn who has only been a lawyer for a few weeks. The neophyte lawyer with his Brooklyn ways learns important lessons in courtroom etiquette as he bumbles his way through in a veteran judge’s well-oiled courtroom, culminating in the acquittal of the two young men.
9. Philadelphia (1993). Based on a true story of the first AIDS discrimination case taken to court, Tom Hanks and Denzel Washington star in this movie that tells the story of an important lawyer at the largest law firm in Philadelphia who is fired from his position when it is discovered that he has AIDS. When the lawyer can find no one to represent him against the firm, he begins preparation to defend himself. A homophobic lawyer steps up to take the case and the two men take on and win the discrimination suit.
10. Paradise Lost: The Child Murders at Robin Hood Hills (1996). The only documentary in this list, this movie details the trial of three teenage boys in Arkansas who are accused of killing three 8 year-olds. With real courtroom footage and interviews with suspects and others involved in the case, this movie documents a trial that even after its conclusion left many wondering about the effectiveness of the judicial system.

Thanks to Court Reporter Schools

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