A recent series of lenient sentences against reputed
wise guys, including several instances where the defendants received no hard
time, illustrates the compelling need for federal legislation to mandate minimum
prison terms in mob cases. The Mafia has
been responsible for more crime than any other force in the United States, and
yet too often the sentences against its players do not justly reflect the evil
enterprise with which they cast their lot.
Federal legislation already exists which provides for enhanced penalties
for crimes committed by gangbangers, and this should be broadened to encompass
mobsters and mandate minimum prison terms for all their crimes.
The judicial system has been unacceptably lenient
with organized crime for decades. In
1971 the New York State Joint Legislative Committee on Crime "conducted a
study of 1,762 cases in state courts in the years 1960 through 1969 involving
organized crime figures," and the results were shocking as reported by
Nicholas Gage in a September 25, 1972 article ("Study Shows
Courts Lenient With Mafiosi") for The New York Times:
The committee, whose chairman is Senator John H.
Hughes of Syracuse, found that the rate of dismissals and acquittals for
racketeers was five times that of other defendants. In New York City, 44.7 per
cent of indictments against members of organized crime were dismissed by
Supreme Court judges during the ten year period. Only 11.5 per cent of
indictments against all defendants were dismissed, according to the study. In
193 instances where organized crime figures were actually convicted, the study
showed that judges let the defendants off with suspended sentences or fines in
46 per cent of the cases.
This lenient bent by the courts for suspected mobsters apparently has
extended into the 21st Century. In 2008
nearly 100 suspected mobsters were rounded up pursuant to a joint federal and
local investigation dubbed Operation Pathfinder, and yet less than three years
later in January 2011 "only 17 of the 62 men charged in federal court
remain behind bars" as then reported by
Alan Feuer for The New York Times:
Eighteen have finished their prison terms — some
less than a year in length. Five received time served and periods of supervised
release, and 21 were sentenced to probation or community service. The results
were similar among those charged in state court in Queens; 18 of the 26
defendants never saw prison, having received either time served in jail or a
conditional discharge, in which charges are dropped if the defendants'
proverbial noses remain clean.
Two years ago the FBI made a record bust targeting the
Colombo family, and Brooklyn federal Judge Kiyo Matsumoto in that case so far
has given 24 sentences to alleged mobsters which are "below the
recommended guidelines, according to court records" as
reported by John Marzulli for the Daily News.
In a few recent cases which captured the attention of the tabloid press
supposed mob defendants received no prison time at all from Brooklyn federal
judges. For example, alleged Gambino associate
Emmanuel "Manny" Garofalo faced 30 months in prison on an extortion
conviction but over argument from federal prosecutors District Judge Dora
Irizarry sentenced him just to 300 hours of community service and five years
probation after proclaiming "she was deeply moved by letters from the
defendant's neighbors praising [his] good works" as
reported by John Marzulli for the Daily News. In 2008
District Judge Jack Weinstein spared alleged Gambino soldier and Brooklyn
restaurateur Joseph Chirico from prison on a money laundering conviction as
then reported by Kati Cornell for the New York Post:
"Judge Jack Weinstein said he was hesitant to cut Chirico a break, but
wanted to ensure Chirico's workers stay employed."
There may be good reasons why sentencing judges have been lenient with
reputed mobsters in particular cases but with all due respect they often seemingly
fail to appreciate fully that evil beast called the Mafia of which the defendants
allegedly are a part. This phenomenon of
course is understandable. The popular
perception of the Mafia is driven largely by mythical versions presented in
celluloid dramas such as The Godfather
involving codes of conduct and honorable men from a subculture which, although
twisted, comfortably co-exists with the legitimate world because its
participants often are well-groomed, wear suits and own businesses. In the movies the only ones who get hurt are
those who signed up for the life and had it coming, and the innocent, women and
children always are spared. It's all hog wash. The United
States has become a nation of mob groupies with no real understanding of Cosa
Nostra. No doubt it must be difficult
for the ugly truth behind the Mafia to break through even to judges who
presumably consume the same popular culture as the rest of the country. No one case -- or even several -- adequately can
educate a judge about the Mafia which many cops and scholars spend decades investigating
and researching.
There's a much darker side to the Mafia about which the public hears little
from the entertainment industry. The mob
has polluted the environment by dumping toxic waste; it's ravaged communities
by trafficking heroin; it's destroyed childhoods by distributing kiddie porn;
it's broken companies by shaking down their owners; it's fleeced investors by promoting stock schemes. And it's gotten away with much of it by corrupting
the public institutions which are supposed to protect the good citizens. Heck, some folks -- including Bobby Kennedy
and former Justice Department prosecutor Robert Blakey – insist that the mob
had a role in assassinating JFK. In
short, the Mafia is nothing but filth and corruption, and has done more damage
to the United States than any terrorist.
Mob defendants deserve to have the book thrown at them because their individual
crimes are compounded by their chosen associations. The Mafia is greater than the sum of its
parts, and accordingly each individual within the organization is more
threatening when committing crimes under its sinister umbrella. For example, former FBI undercover agent Jack
Garcia busted Gambino capo Greg DePalma, and in his memoir Making Jack Falcone explains why an extortion victim testifying at
the old man's 2005 trial had good reason to fear the 73-year-old defendant:
The witness was no coward. He wasn't referring to a personal fear of
Greg. He had legitimate fear of what
Greg represented. With the wave of a hand, you could be
gone. They would just take you out. I knew this witness personally from working
the case. He was definitely a tough kid. But his personal toughness meant nothing when
it came to fear of the Mob. When the
witness said he was afraid of Greg, he meant that he was afraid of what Greg
represented: La Cosa Nostra.
In short, the nefarious reputation of the mob precedes its members and
associates who are able to invoke it to brutal effect in carrying out their
crimes.
When a mobster appears as a defendant in court his evil may not be readily apparent. After all, many mobsters do not portray
themselves as dirty street thugs but carry themselves as well-groomed
businessmen which makes them appear less scary.
Odds are it's just an act, and their business is just a front. For this reason Italy does not distinguish
between the illicit rackets and the so-called legitimate operations when prohibiting
Mafia association and seizing mob assets.
The important thing to remember about a mobster is that he's often a
sociopath who can adopt whatever persona is necessary to manipulate a target to
get what he wants including a lenient sentence from a federal judge. Retired Defense lawyer John Pollok
represented several mobsters including now-deceased Gambino boss John Gotti,
and he thought the Dapper Don -- like most mobsters -- was a sociopath
incapable of any remorse for his crimes as
reported by Stephanie Borden for the Naples News: "He
was a sociopath. Ninety-nine percent of my clients were sociopaths. They can't
conform their conduct to the rules of society."
G-man Jack Garcia caught Gambino capo Greg DePalma on tape admitting that he
manipulated the sentencing judge into giving him a reduced term on a prior
conviction by feigning ill health:
"He gave me a downward departure," Greg said,
referring to the sentencing guidelines that permitted a judge to reduce a
sentence in light of a defendant's failing health. "I should have won the Academy Award! He gave me five years instead of twelve!"
In generally grousing about the recent string of
sentences below the recommended guidelines which have been handed out by
Brooklyn federal judge Kiyo Matsumoto to alleged Colombo mobsters one law
enforcement source said that "she buys their sob stories and then they walk out
of her courtroom laughing" as reported by John Marzulli for the Daily
News.
If a mobster genuinely is repentant of his crimes
then he will express that remorse and redeem himself by becoming a government
witness. Anything less is just a song
and dance, and should be ignored by the sentencing judge. Renouncing the life and cooperating with the
government should be the only basis by which a mobster receives a lenient
sentence. Indeed, mobsters by definition
are recidivists -- they pledge themselves to crime families -- and without a
complete confession against their associates invariably will return to the life
as fast as they say: "I can do that time
standing on my head."
Congress must enact legislation for mandatory
minimum prison sentences against mob defendants. Federal legislation already exists pursuant
to 18 U.S.C. § 521 which provides for substantially enhanced penalties against those
who commit crimes as part of a street gang but it's unclear whether that
provision has been used to the same extent -- or even at all -- against mob
defendants. If the statute only is
applied against black or brown gangbangers but not Italian stallions then criminal
defense lawyers and civil rights activists have a good argument that 18 U.S.C.
§ 521 is unconstitutional for its racially disparate impact. In any event, with so many alleged mobster
receiving just probation or other light terms, it's clear that legislators must
act to toughen up the sentencing laws. The
only way to rid the country of mobsters is to lock them up and throw away the
key, and it's apparently going to require an act of Congress to get the job
done.
Further reading that may be of interest:
A Call For U.S. Treasury Department To
Designate Gambino Crime Family As A Transnational Criminal Organization
Under Executive Order 13581
