A reputed New York crime boss was shot and killed outside his home Wednesday night.
Francesco "Frank" Cali, 53, was found with multiple gunshot wounds to the torso in the borough of Staten Island, the NYPD said.
A law enforcement official confirmed that Cali was a high-ranking member of the Gambino organized crime family and is believed to be the acting boss.
Police are searching for a pickup truck that fled the scene, NY Police Chief of Detectives Dermot F. Shea said. No one has been arrested and the investigation is ongoing.
Cali was home with family members when the truck hit a car outside the residence, Shea said. It's "quite possible" that the incident was staged to draw Cali outside and into a confrontation with the suspected shooter, he said.
About a minute into the confrontation, the suspect pulled out a gun and began shooting at Cali, Shea said. When Cali tried to take cover behind his car, the pickup truck drove into it and "rocked" it significantly, possibly damaging the truck, Shea said.
Medics arrived at the scene and transported Cali to Staten Island University Hospital North, where he was pronounced dead.
Cali had been considered a unifying figure in the years after then-Gambino boss John Gotti, "Dapper Don," was convicted of murder and racketeering in 1992 and sent to prison for life. Unlike the well-dressed Gotti, Cali kept a low profile.
Cali was the first New York crime family boss shot in 34 years, according to WPIX. In 1985, Paul Castellano was shot dead as he arrived at Sparks Steakhouse in Manhattan -- a killing organized by Gotti, authorities said. Gotti, who then assumed control of the family, reportedly watched the action from nearby with his eventual underboss, Sammy "Bull" Gravano. But Gravano would eventually testify against Gotti, leading to Gotti's 1992 conviction in five murders -- one of several major convictions that thinned the Mafia ranks in the 1980s and '90s.
Cali was an associate in the Gambino family, according to court documents, when he was indicted in 2008 with more than two dozen other Gambino members for a range of alleged crimes.
Later that year, he pleaded guilty to extortion conspiracy related to the planned construction of a NASCAR speedway on Staten Island -- a plan that eventually was scrapped.
Authorities alleged Cali and others arranged, through force and threat of force, to receive cash payments from someone who had worked on the project.
Cali was sentenced to 16 months in prison and was released in 2009.
Thursday, March 14, 2019
Tuesday, March 12, 2019
Sheriff Warns of Phone Scam Involving #Apple
Cook County Sheriff Thomas J. Dart is warning residents of a sophisticated phone scam.
In this scam, an unsolicited caller claiming to be from Apple Inc. states that there has been a security compromise to their device and/or iCloud account. The caller then directs the customer to provide their Internet Protocol (IP) address and/or additional personal information such as usernames, passwords and financial information. Phone numbers associated with this scam include: (800) 275-2273 and (703) 336-8450, additionally, the calls may come up on caller I.D. as Apple Customer Service or Apple Inc.
This is a known scam in which Apple is aware. The company has stated that Apple customer service representatives will never ask customers to provide information such as passwords or security keys via phone.
Sheriff Dart offers the following tips to avoid becoming a victim of this and/or other phone scams:
In this scam, an unsolicited caller claiming to be from Apple Inc. states that there has been a security compromise to their device and/or iCloud account. The caller then directs the customer to provide their Internet Protocol (IP) address and/or additional personal information such as usernames, passwords and financial information. Phone numbers associated with this scam include: (800) 275-2273 and (703) 336-8450, additionally, the calls may come up on caller I.D. as Apple Customer Service or Apple Inc.
This is a known scam in which Apple is aware. The company has stated that Apple customer service representatives will never ask customers to provide information such as passwords or security keys via phone.
Sheriff Dart offers the following tips to avoid becoming a victim of this and/or other phone scams:
- If you receive a call similar to the above scam, hang up and call Apple Customer Service: (800) 692-7753.
- Never give personal information, such as social security or bank account numbers, over the phone.
- Be wary of any unsolicited call that asks you to take an action right away over the phone.
- The Federal Trade Commission offers additional tips for consumers, here: https://www.consumer.ftc.gov/features/scam-alerts
Friday, March 08, 2019
Carmine Persico, AKA The Snake, Legendary New York Mobster and Longtime Boss of the Colombo Crime Family has Died in Prison
One of New York’s most storied mob bosses met his end in prison Thursday — old and sick, and mired in a lawsuit over his medical treatment.
Carmine "The Snake" Persico
, the longtime boss of the Colombo crime family, died at age 85, the Daily News has learned.
Carmine the Snake: Carmine Persico and His Murderous Mafia Family.
Persico was convicted of racketeering and murder in the famous mid-‘80s “Commission trial,” which put three of the city’s five crime family bosses in prison in one fell swoop. He was the last surviving defendant in that notorious case.
He was serving his sentence at the federal prison in Butner, N.C. when he died at Duke University Medical Center, confirmed his lawyer, Benson Weintraub. Among his reported pals at the medium-security prison was Ponzi schemer Bernie Madoff.
Persico spent the last 36 years of his life behind bars, serving a staggering 139-year sentence. But by most accounts, he remained the titular Colombo boss.
In 2016, Persico’s lawyers described a litany of health problems and called his 100-year sentence a “virtual life sentence.”
“Mr. Persico is legally blind in his right eye, and has diminished vision in his left eye. He also has limited use of his left and right arms and a deformity of his left wrist that has severely impacted his upper mobility,” his lawyer, Anthony DiPietro, wrote in March 2016. “Mr. Persico is also predominantly wheelchair-bound as a result of his emphysema. In addition, Mr. Persico suffers from anemia and a multitude of cardiac issues that require periodic medical attention.”
Persico sued the prison warden and a doctor there in December, alleging “deliberate indifference” to his deteriorating medical condition and calling for his compassionate release. He had serious infections in his legs, and was trying to block doctors from amputating his leg above the knee.
Wientraub said he suspected Persico died of the leg infections, which he said “spread as a result of deliberately indifferent treatment.”
Persico was known to his friends as “Junior” and to his enemies as “The Snake.”
He was born on Aug. 8, 1933, and grew up in the working class Brooklyn enclaves of Carroll Gardens and Red Hook. His dad was a law firm stenographer, while his mother stayed home to raise Carmine and his siblings – fellow future mobsters Alphonse and Theodore, along with their sister Dolores.
Persico was a high school dropout and ran with a local street gang. His first arrest was at age 17 in the fatal beating of another youth during a melee in Prospect Park. When the charges were dropped, he was recruited to the world of organized crime – working in bookmaking and loan-sharking operations.
By his mid-20s, Persico was a made man in the family headed by Joe Colombo.
He became affiliated with fellow Brooklyn mobsters the Gallo brothers – “Crazy” Joey, Larry and Albert, aka Kid Blast. Their crew was widely credited with the execution of mob boss Albert Anastasia, famously whacked inside a Manhattan barber shop.
The hit led to an internal family war, with the Gallos taking on boss Joe Profaci over what they felt was a slight following the Anastasia killing. The younger crew expected bigger responsibilities and more cash, only to clash with family’s old guard.
Persico turned on the Gallos, aligning himself with Profaci in the war that left nine dead, three missing and 15 more wounded. He was reportedly involved in the attempted strangling of Larry Gallo inside a Brooklyn bar, a hit interrupted by a local police sergeant.
He later survived an attempted murder by the Gallo faction before a truce was declared in 1963.
Persico, though in prison for hijacking, ruled over a powerful crew inside the Colombos. After the 1971 shooting of boss Joe Colombo, he and his brothers grabbed control of the family. Persico ran the family from the outside after he was released from prison in 1979 — but his time on the street was short.
Persico was indicted for racketeering in 1984 and arrested in the home of an FBI informant. He was also charged with the heads of other four families in the “Commission” prosecution led by then-U.S. Attorney Rudolph Giuliani.
Persico’s reply was to put out a contract on Giuliani.
He got a 39-year term in the first case. In the second, where he acted as his own attorney, Persico was hit with a 100-term – ensuring his death behind bars.
One small victory: Federal Judge John F. Keenan hailed Persico as “one of the most intelligent people I have ever seen in my life” for his performance as a lawyer.
While running the family from behind bars, the Colombos descended into another internal bloodbath pitting Persico loyalists against supporters of new boss Victor (Little Vic) Amuso. The war destroyed the family, which was decimated by a dozen murders and as many defectors to the government side – including the family’s consigliere and two capos. Sixty-eight made men and associates were arrested, including Carmine’s kid brother Theodore.
Persico appealed his conviction in 2016. The Second Circuit Court of Appeals shot down his request in 2017, and the U.S. Supreme Court refused to take the case later that year.
Thanks to Larry McShane and John Annese.
Carmine "The Snake" Persico
, the longtime boss of the Colombo crime family, died at age 85, the Daily News has learned.Carmine the Snake: Carmine Persico and His Murderous Mafia Family.
Persico was convicted of racketeering and murder in the famous mid-‘80s “Commission trial,” which put three of the city’s five crime family bosses in prison in one fell swoop. He was the last surviving defendant in that notorious case.
He was serving his sentence at the federal prison in Butner, N.C. when he died at Duke University Medical Center, confirmed his lawyer, Benson Weintraub. Among his reported pals at the medium-security prison was Ponzi schemer Bernie Madoff.
Persico spent the last 36 years of his life behind bars, serving a staggering 139-year sentence. But by most accounts, he remained the titular Colombo boss.
In 2016, Persico’s lawyers described a litany of health problems and called his 100-year sentence a “virtual life sentence.”
“Mr. Persico is legally blind in his right eye, and has diminished vision in his left eye. He also has limited use of his left and right arms and a deformity of his left wrist that has severely impacted his upper mobility,” his lawyer, Anthony DiPietro, wrote in March 2016. “Mr. Persico is also predominantly wheelchair-bound as a result of his emphysema. In addition, Mr. Persico suffers from anemia and a multitude of cardiac issues that require periodic medical attention.”
Persico sued the prison warden and a doctor there in December, alleging “deliberate indifference” to his deteriorating medical condition and calling for his compassionate release. He had serious infections in his legs, and was trying to block doctors from amputating his leg above the knee.
Wientraub said he suspected Persico died of the leg infections, which he said “spread as a result of deliberately indifferent treatment.”
Persico was known to his friends as “Junior” and to his enemies as “The Snake.”
He was born on Aug. 8, 1933, and grew up in the working class Brooklyn enclaves of Carroll Gardens and Red Hook. His dad was a law firm stenographer, while his mother stayed home to raise Carmine and his siblings – fellow future mobsters Alphonse and Theodore, along with their sister Dolores.
Persico was a high school dropout and ran with a local street gang. His first arrest was at age 17 in the fatal beating of another youth during a melee in Prospect Park. When the charges were dropped, he was recruited to the world of organized crime – working in bookmaking and loan-sharking operations.
By his mid-20s, Persico was a made man in the family headed by Joe Colombo.
He became affiliated with fellow Brooklyn mobsters the Gallo brothers – “Crazy” Joey, Larry and Albert, aka Kid Blast. Their crew was widely credited with the execution of mob boss Albert Anastasia, famously whacked inside a Manhattan barber shop.
The hit led to an internal family war, with the Gallos taking on boss Joe Profaci over what they felt was a slight following the Anastasia killing. The younger crew expected bigger responsibilities and more cash, only to clash with family’s old guard.
Persico turned on the Gallos, aligning himself with Profaci in the war that left nine dead, three missing and 15 more wounded. He was reportedly involved in the attempted strangling of Larry Gallo inside a Brooklyn bar, a hit interrupted by a local police sergeant.
He later survived an attempted murder by the Gallo faction before a truce was declared in 1963.
Persico, though in prison for hijacking, ruled over a powerful crew inside the Colombos. After the 1971 shooting of boss Joe Colombo, he and his brothers grabbed control of the family. Persico ran the family from the outside after he was released from prison in 1979 — but his time on the street was short.
Persico was indicted for racketeering in 1984 and arrested in the home of an FBI informant. He was also charged with the heads of other four families in the “Commission” prosecution led by then-U.S. Attorney Rudolph Giuliani.
Persico’s reply was to put out a contract on Giuliani.
He got a 39-year term in the first case. In the second, where he acted as his own attorney, Persico was hit with a 100-term – ensuring his death behind bars.
One small victory: Federal Judge John F. Keenan hailed Persico as “one of the most intelligent people I have ever seen in my life” for his performance as a lawyer.
While running the family from behind bars, the Colombos descended into another internal bloodbath pitting Persico loyalists against supporters of new boss Victor (Little Vic) Amuso. The war destroyed the family, which was decimated by a dozen murders and as many defectors to the government side – including the family’s consigliere and two capos. Sixty-eight made men and associates were arrested, including Carmine’s kid brother Theodore.
Persico appealed his conviction in 2016. The Second Circuit Court of Appeals shot down his request in 2017, and the U.S. Supreme Court refused to take the case later that year.
Thanks to Larry McShane and John Annese.
Carmine the Snake: Carmine Persico and His Murderous Mafia Family
Carmine “the Snake” Persico has been identified by the FBI and the Justice Department as the longtime head of the New York Cosa Nostra Colombo crime family.
Although incarcerated in 1987 due to his conviction in the 1986 famous Mafia Commission federal RICO case
, he reputedly still runs the Colombo crime family from prison. He made his name in the Profaci crime family as part of the hit team that shot and killed mob boss Albert Anastasia in a New York barbershop in 1957.
Anastasia, known as “The Mad Hatter” and “The Executioner,” was the co-creator of Murder Inc., the notorious enforcement arm of organized crime in New York in the 1940s. A famous photo was taken of the slain Anastasia, lying dead next to a barber’s chair as detectives look on.
In 1961, during a conflict between the Gallo crew and Joe Profaci, the Profaci crime family boss, Persico switched sides and attempted to strangle and kill his friend and fellow hit man Larry Gallo, which earned him the nickname “the Snake.” The attempted strangulation in a darkened bar was fictionally re-created in “The Godfather, Part II.”
Frank DiMatteo, who describes himself as a mafia survivor and previously wrote “The President Street Boys: Growing Up Mafia,” offers a “street level” view of the Colombo boss in “Carmine the Snake: Carmine Persico and His Murderous Mafia Family.” Michael Benson, a true crime author who wrote “Betrayal in Blood,” is the co-author of this book.
As Mr. DiMatteo notes in the book, his mother knew Persico when they were teenagers in Brooklyn, and his father was a bodyguard and driver for the Gallo brothers. He grew up in Brooklyn around the Gallo crew and heard numerous stories about Persico.
“Some men’s lives are measured by wealth and power. By that standard, Carmine John Persico, Jr. is a very successful man. His blood family is estimated to be worth upward of $1 billion,” the authors write in the beginning of the book. “Even allowing for inflation, he became one of the richest gangsters ever. His superpower was instilling fear. He made many thousands afraid, and they paid to stay safe.” But as the authors also point out, Persico’s life from street kid to mob boss might best be measured by the pain, suffering and death that he caused.
“Using a combination of brashness, cunning, and an appetite for extreme violence, Carmine Persico rocketed from gangbanger on a Park Slope, Brooklyn street corner to boss of the Colombo crime family, where he reputedly became the longest-reigning godfather in modern Mafia history — mostly from behind the bars of a federal penitentiary,” the authors tell us.
The book covers in detail the internecine mob war between the Gallos and the Profaci crime family, with each faction murdering and attempting to murder each other. The Gallo crew put a bomb in Persico’s car, but the detonation failed to kill him. The war ended with Profaci’s death and the murder of Crazy Joe Gallo in a restaurant.
Joseph Colombo, once a Profaci captain, later took over the organization and renamed it the Colombo crime family. Persico became a Colombo captain and later the boss of the crime family.
The book also tells of a Persico enforcer whose story would be unbelievable if told in a novel or film. The authors tell us that as Persico was heading to prison he chose Gregory “The Grim Reaper” Scarpa as his battle leader. Persico’s man was a mass murderer and a sociopath. “He was nuts, thought he was James Bond, and told his kids that he worked for the government.”
In a sense it was true, as the Colombo hit man was a longtime FBI informant. From the 1960s on he was involved in extortion, murder and other crimes. He told his fellow mobsters that he enjoyed killing people. “Scarpa’s actual cooperation with the U.S. Government went at least as far back as 1964 when the feds used him to help solve the ‘Mississippi Burning’ murders of three civil rights workers in 1964,” the authors inform us. “Somewhere there is a tape of Scarpa cajoling a KKK member to disclose where the bodies are buried.” And by cajoling, the authors write, they mean he beat the KKK member and stuck a gun in his mouth. Scarpa later died from AIDS.
The story of Carmine Persico, the Gallo brothers and the internecine mob war has been covered previously in several books, including a fine satirical novel, “The Gang That Couldn’t Shoot Straight,” by Jimmy Breslin.
“Carmine the Snake,” written in a conversational style with street vernacular and sprinkled with Frank DiMatteo’s personal anecdotes and reminiscences, offers another look at the infamous crime boss.
Thanks to Paul Davis.
Although incarcerated in 1987 due to his conviction in the 1986 famous Mafia Commission federal RICO case
, he reputedly still runs the Colombo crime family from prison. He made his name in the Profaci crime family as part of the hit team that shot and killed mob boss Albert Anastasia in a New York barbershop in 1957.Anastasia, known as “The Mad Hatter” and “The Executioner,” was the co-creator of Murder Inc., the notorious enforcement arm of organized crime in New York in the 1940s. A famous photo was taken of the slain Anastasia, lying dead next to a barber’s chair as detectives look on.
In 1961, during a conflict between the Gallo crew and Joe Profaci, the Profaci crime family boss, Persico switched sides and attempted to strangle and kill his friend and fellow hit man Larry Gallo, which earned him the nickname “the Snake.” The attempted strangulation in a darkened bar was fictionally re-created in “The Godfather, Part II.”
Frank DiMatteo, who describes himself as a mafia survivor and previously wrote “The President Street Boys: Growing Up Mafia,” offers a “street level” view of the Colombo boss in “Carmine the Snake: Carmine Persico and His Murderous Mafia Family.” Michael Benson, a true crime author who wrote “Betrayal in Blood,” is the co-author of this book.
As Mr. DiMatteo notes in the book, his mother knew Persico when they were teenagers in Brooklyn, and his father was a bodyguard and driver for the Gallo brothers. He grew up in Brooklyn around the Gallo crew and heard numerous stories about Persico.
“Some men’s lives are measured by wealth and power. By that standard, Carmine John Persico, Jr. is a very successful man. His blood family is estimated to be worth upward of $1 billion,” the authors write in the beginning of the book. “Even allowing for inflation, he became one of the richest gangsters ever. His superpower was instilling fear. He made many thousands afraid, and they paid to stay safe.” But as the authors also point out, Persico’s life from street kid to mob boss might best be measured by the pain, suffering and death that he caused.
“Using a combination of brashness, cunning, and an appetite for extreme violence, Carmine Persico rocketed from gangbanger on a Park Slope, Brooklyn street corner to boss of the Colombo crime family, where he reputedly became the longest-reigning godfather in modern Mafia history — mostly from behind the bars of a federal penitentiary,” the authors tell us.
The book covers in detail the internecine mob war between the Gallos and the Profaci crime family, with each faction murdering and attempting to murder each other. The Gallo crew put a bomb in Persico’s car, but the detonation failed to kill him. The war ended with Profaci’s death and the murder of Crazy Joe Gallo in a restaurant.
Joseph Colombo, once a Profaci captain, later took over the organization and renamed it the Colombo crime family. Persico became a Colombo captain and later the boss of the crime family.
The book also tells of a Persico enforcer whose story would be unbelievable if told in a novel or film. The authors tell us that as Persico was heading to prison he chose Gregory “The Grim Reaper” Scarpa as his battle leader. Persico’s man was a mass murderer and a sociopath. “He was nuts, thought he was James Bond, and told his kids that he worked for the government.”
In a sense it was true, as the Colombo hit man was a longtime FBI informant. From the 1960s on he was involved in extortion, murder and other crimes. He told his fellow mobsters that he enjoyed killing people. “Scarpa’s actual cooperation with the U.S. Government went at least as far back as 1964 when the feds used him to help solve the ‘Mississippi Burning’ murders of three civil rights workers in 1964,” the authors inform us. “Somewhere there is a tape of Scarpa cajoling a KKK member to disclose where the bodies are buried.” And by cajoling, the authors write, they mean he beat the KKK member and stuck a gun in his mouth. Scarpa later died from AIDS.
The story of Carmine Persico, the Gallo brothers and the internecine mob war has been covered previously in several books, including a fine satirical novel, “The Gang That Couldn’t Shoot Straight,” by Jimmy Breslin.
“Carmine the Snake,” written in a conversational style with street vernacular and sprinkled with Frank DiMatteo’s personal anecdotes and reminiscences, offers another look at the infamous crime boss.
Thanks to Paul Davis.
Tuesday, March 05, 2019
If the Parallels between the Mafia and the Trump Organization are Striking? Then, Rudy Giuliani Perfected the #RICO Template for Prosecuting Organized Crime #SDNYInvestigation
Any onetime Mafia investigator who listened to Donald Trump “fixer” Michael Cohen testify Wednesday would have immediately recognized the congressional hearing’s historical analogue — what America witnessed on Capitol Hill wasn’t so much John Dean turning on President Richard Nixon, circa 1973; it was the mobster Joseph Valachi turning on the Cosa Nostra, circa 1963.
The Valachi hearings, led by Senator John McClellan of Arkansas, opened the country’s eyes for the first time to the Mafia, as the witness broke “omertà ” — the code of silence — to speak in public about “this thing of ours,” Cosa Nostra. He explained just how “organized” organized crime actually was — with soldiers, capos, godfathers and even the “Commission,” the governing body of the various Mafia families.
Fighting the Mafia posed a uniquely hard challenge for investigators. Mafia families were involved in numerous distinct crimes and schemes, over yearslong periods, all for the clear benefit of its leadership, but those very leaders were tough to prosecute because they were rarely involved in the day-to-day crime. They spoke in their own code, rarely directly ordering a lieutenant to do something illegal, but instead offering oblique instructions or expressing general wishes that their lieutenants simply knew how to translate into action.
Those explosive — and arresting — hearings led to the 1970 passage of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, a law designed to allow prosecutors to go after enterprises that engaged in extended, organized criminality. RICO laid out certain “predicate” crimes — those that prosecutors could use to stitch together evidence of a corrupt organization and then go after everyone involved in the organization as part of an organized conspiracy. While the headline-grabbing RICO “predicates” were violent crimes like murder, kidnapping, arson and robbery, the statute also focused on crimes like fraud, obstruction of justice, money laundering and even aiding or abetting illegal immigration.
It took prosecutors a while to figure out how to use RICO effectively, but by the mid-1980s, federal investigators in the Southern District of New York were hitting their stride under none other than the crusading United States attorney Rudy Giuliani, who as the head of the Southern District brought charges in 1985 against the heads of the city’s five dominant Mafia families.
Ever since, S.D.N.Y. prosecutors and F.B.I. agents have been the nation’s gold standard in RICO prosecutions — a fact that makes clear precisely why, after Mr. Cohen’s testimony, President Trump’s greatest legal jeopardy may not be in the investigation by the special counsel, Robert Mueller.
What lawmakers heard Wednesday sounded a lot like a racketeering enterprise: an organization with a few key players and numerous overlapping crimes — not just one conspiracy, but many. Even leaving aside any questions about the Mueller investigation and the 2016 campaign, Mr. Cohen leveled allegations that sounded like bank fraud, charity fraud and tax fraud, as well as hints of insurance fraud, obstruction of justice and suborning perjury.
The parallels between the Mafia and the Trump Organization are more than we might like to admit: After all, Mr. Cohen was labeled a “rat” by President Trump last year for agreeing to cooperate with investigators; interestingly, in the language of crime, “rats” generally aren’t seen as liars. They’re “rats” precisely because they turn state’s evidence and tell the truth, spilling the secrets of a criminal organization.
Mr. Cohen was clear about the rot at the center of his former employer: “Everybody’s job at the Trump Organization is to protect Mr. Trump. Every day most of us knew we were coming and we were going to lie for him about something. That became the norm.”
RICO was precisely designed to catch the godfathers and bosses at the top of these crime syndicates — people a step or two removed from the actual crimes committed, those whose will is made real, even without a direct order.
Exactly, it appears, as Mr. Trump did at the top of his family business: “Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates,” Mr. Cohen said. Mr. Trump, Mr. Cohen said, “doesn’t give orders. He speaks in code. And I understand that code.”
What’s notable about Mr. Cohen’s comments is how they paint a consistent (and credible) pattern of Mr. Trump’s behavior: The former F.B.I. director James Comey, in testimony nearly two years ago in the wake of his firing, made almost exactly the same point and used almost exactly the same language. Mr. Trump never directly ordered him to drop the Flynn investigation, Mr. Comey said, but he made it all too clear what he wanted — the president isolated Mr. Comey, with no other ears around, and then said he hoped Mr. Comey “can let this go.” As Mr. Comey said, “I took it as, this is what he wants me to do.” He cited in his testimony then the famous example of King Henry II’s saying, “Will no one rid me of this turbulent priest?,” a question that resulted in the murder of that very meddlesome priest, Thomas Becket.
The sheer number and breadth of the investigations into Mr. Trump’s orbit these days indicates how vulnerable the president’s family business would be to just this type of prosecution. In December, I counted 17, and since then, investigators have started an inquiry into undocumented workers at Mr. Trump’s New Jersey golf course, another crime that could be a RICO predicate; Mr. Cohen’s public testimony itself, where he certainly laid out enough evidence and bread crumbs for prosecutors to verify his allegations, mentioned enough criminal activity to build a racketeering case. Moreover, RICO allows prosecutors to wrap 10 years of racketeering activity into a single set of charges, which is to say, almost precisely the length of time — a decade — that Michael Cohen would have unparalleled insight into Mr. Trump’s operations. Similarly, many Mafia cases end up being built on wiretaps — just like, for instance, the perhaps 100 recordings Mr. Cohen says he made of people during his tenure working for Mr. Trump, recordings that federal investigators are surely poring over as part of the 290,000 documents and files they seized in their April raid last year.
Indicting the whole Trump Organization as a “corrupt enterprise” could also help prosecutors address the thorny question of whether the president can be indicted in office; they could lay out a whole pattern of criminal activity, indict numerous players — including perhaps Trump family members — and leave the president himself as a named, unindicted co-conspirator. Such an action would allow investigators to make public all the known activity for Congress and the public to consider as part of impeachment hearings or re-election. It would also activate powerful forfeiture tools for prosecutors that could allow them to seize the Trump Organization’s assets and cut off its income streams.
The irony will be that if federal prosecutors decide to move against President Trump’s empire and family together, he’ll have one man’s model to thank: his own TV lawyer, Rudy Giuliani, who perfected the template to tackle precisely that type of criminal enterprise.
Thanks to Garrett M. Graff.
The Valachi hearings, led by Senator John McClellan of Arkansas, opened the country’s eyes for the first time to the Mafia, as the witness broke “omertà ” — the code of silence — to speak in public about “this thing of ours,” Cosa Nostra. He explained just how “organized” organized crime actually was — with soldiers, capos, godfathers and even the “Commission,” the governing body of the various Mafia families.
Fighting the Mafia posed a uniquely hard challenge for investigators. Mafia families were involved in numerous distinct crimes and schemes, over yearslong periods, all for the clear benefit of its leadership, but those very leaders were tough to prosecute because they were rarely involved in the day-to-day crime. They spoke in their own code, rarely directly ordering a lieutenant to do something illegal, but instead offering oblique instructions or expressing general wishes that their lieutenants simply knew how to translate into action.
Those explosive — and arresting — hearings led to the 1970 passage of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, a law designed to allow prosecutors to go after enterprises that engaged in extended, organized criminality. RICO laid out certain “predicate” crimes — those that prosecutors could use to stitch together evidence of a corrupt organization and then go after everyone involved in the organization as part of an organized conspiracy. While the headline-grabbing RICO “predicates” were violent crimes like murder, kidnapping, arson and robbery, the statute also focused on crimes like fraud, obstruction of justice, money laundering and even aiding or abetting illegal immigration.
It took prosecutors a while to figure out how to use RICO effectively, but by the mid-1980s, federal investigators in the Southern District of New York were hitting their stride under none other than the crusading United States attorney Rudy Giuliani, who as the head of the Southern District brought charges in 1985 against the heads of the city’s five dominant Mafia families.
Ever since, S.D.N.Y. prosecutors and F.B.I. agents have been the nation’s gold standard in RICO prosecutions — a fact that makes clear precisely why, after Mr. Cohen’s testimony, President Trump’s greatest legal jeopardy may not be in the investigation by the special counsel, Robert Mueller.
What lawmakers heard Wednesday sounded a lot like a racketeering enterprise: an organization with a few key players and numerous overlapping crimes — not just one conspiracy, but many. Even leaving aside any questions about the Mueller investigation and the 2016 campaign, Mr. Cohen leveled allegations that sounded like bank fraud, charity fraud and tax fraud, as well as hints of insurance fraud, obstruction of justice and suborning perjury.
The parallels between the Mafia and the Trump Organization are more than we might like to admit: After all, Mr. Cohen was labeled a “rat” by President Trump last year for agreeing to cooperate with investigators; interestingly, in the language of crime, “rats” generally aren’t seen as liars. They’re “rats” precisely because they turn state’s evidence and tell the truth, spilling the secrets of a criminal organization.
Mr. Cohen was clear about the rot at the center of his former employer: “Everybody’s job at the Trump Organization is to protect Mr. Trump. Every day most of us knew we were coming and we were going to lie for him about something. That became the norm.”
RICO was precisely designed to catch the godfathers and bosses at the top of these crime syndicates — people a step or two removed from the actual crimes committed, those whose will is made real, even without a direct order.
Exactly, it appears, as Mr. Trump did at the top of his family business: “Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates,” Mr. Cohen said. Mr. Trump, Mr. Cohen said, “doesn’t give orders. He speaks in code. And I understand that code.”
What’s notable about Mr. Cohen’s comments is how they paint a consistent (and credible) pattern of Mr. Trump’s behavior: The former F.B.I. director James Comey, in testimony nearly two years ago in the wake of his firing, made almost exactly the same point and used almost exactly the same language. Mr. Trump never directly ordered him to drop the Flynn investigation, Mr. Comey said, but he made it all too clear what he wanted — the president isolated Mr. Comey, with no other ears around, and then said he hoped Mr. Comey “can let this go.” As Mr. Comey said, “I took it as, this is what he wants me to do.” He cited in his testimony then the famous example of King Henry II’s saying, “Will no one rid me of this turbulent priest?,” a question that resulted in the murder of that very meddlesome priest, Thomas Becket.
The sheer number and breadth of the investigations into Mr. Trump’s orbit these days indicates how vulnerable the president’s family business would be to just this type of prosecution. In December, I counted 17, and since then, investigators have started an inquiry into undocumented workers at Mr. Trump’s New Jersey golf course, another crime that could be a RICO predicate; Mr. Cohen’s public testimony itself, where he certainly laid out enough evidence and bread crumbs for prosecutors to verify his allegations, mentioned enough criminal activity to build a racketeering case. Moreover, RICO allows prosecutors to wrap 10 years of racketeering activity into a single set of charges, which is to say, almost precisely the length of time — a decade — that Michael Cohen would have unparalleled insight into Mr. Trump’s operations. Similarly, many Mafia cases end up being built on wiretaps — just like, for instance, the perhaps 100 recordings Mr. Cohen says he made of people during his tenure working for Mr. Trump, recordings that federal investigators are surely poring over as part of the 290,000 documents and files they seized in their April raid last year.
Indicting the whole Trump Organization as a “corrupt enterprise” could also help prosecutors address the thorny question of whether the president can be indicted in office; they could lay out a whole pattern of criminal activity, indict numerous players — including perhaps Trump family members — and leave the president himself as a named, unindicted co-conspirator. Such an action would allow investigators to make public all the known activity for Congress and the public to consider as part of impeachment hearings or re-election. It would also activate powerful forfeiture tools for prosecutors that could allow them to seize the Trump Organization’s assets and cut off its income streams.
The irony will be that if federal prosecutors decide to move against President Trump’s empire and family together, he’ll have one man’s model to thank: his own TV lawyer, Rudy Giuliani, who perfected the template to tackle precisely that type of criminal enterprise.
Thanks to Garrett M. Graff.
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