New York City apparently has reached a tentative settlement with the survivors of five allegedly "mobbed-up victims who were whacked by NYPD Mafia Cops Louis Eppolito and Stephen Caracappa" as reported by John Marzulli for the Daily News: "the terms of the settlements remain confidential, but sources said each plaintiff will receive substantially less than the $5 million the city paid to each of the estates of victims Nicholas Guido and Israel Greenwald, who were not in the mob."
Eppolito and Caracappa were convicted in 2006 for multiple murders, and last year Brooklyn federal judge Raymond J. Dearie ruled that wrongful death lawsuits against the city by the victims' survivors may go to trial because "there was evidence to suggest the rubouts would not have occurred had Eppolito been kicked off the force or disciplined after he was 'caught red-handed' passing confidential police records to a mobster in 1984" as reported by Frank Donnelly for the Staten Island Advance:
The failure to discipline a detective who colludes with organized crime plainly courts the risk that that detective will do so again," wrote Dearie. "And it is likewise obvious that collusion between a police detective and organized crime might well lead, as it did in these cases, to unconstitutional harm to members of the public."
Frankly, the survivors of the five supposedly mobbed-up victims -- Lucchese soldier Anthony DiLapi, Gambino capo Edward Lino, Lucchese associate John (Otto) Heidel, Gambino soldier Bartholomew (Bobby) Borriello and painters union leader James Bishop -- should not receive one dime in taxpayer-funded settlement money from New York City based on two legal defenses to the wrongful death actions.
First, engaging in mob activity carries an obvious and known danger of getting whacked, and by participating in the Mafia with this knowledge the five so-called victims assumed the risk for their unfortunate fates which should preclude any wrongful death recovery by their survivors. These boys made their bed, and now they can lie in it.
Second, the biggest component of a settlement recovery for wrongful death typically is the decedent's future earnings. However, given the illegal activities with which the five victims presumably were engaged in the mob life, the settlement payments should not reflect any such earnings.
When a mobster is killed arising out of his role in the life any settlement agreement for wrongful death should be void as against public policy. In short, a mobster's life ain't worth a dime.