“There is no way this jury is going to be able to unhear the term Italian organized crime," Cohen said. "They're not going to unhear the term mafia. And they're also not going to be able to unhear the fact that Peter does have relatives who were involved in that. Peter himself was never involved in Italian organized crime. But he has relatives who likely were."

A grand jury indictment against the former agent names Michael Masecchia, a former Buffalo schoolteacher described in court papers as a longtime drug dealer and member or associate of "Italian Organized Crime."

A year ago, Masecchia was sentenced to seven years in prison for trafficking more than a ton of marijuana into Buffalo and its suburbs over 20 years.

Masecchia was one of several local men targeted in a federal investigation into suspected organized crime activities. He told law enforcement officials that he and others in the drug trade had help from Bongiovanni, according to his plea agreement. He said Bongiovanni helped him and other drug traffickers avoid arrest by providing “law enforcement-sensitive information,” including the names of potential cooperating witnesses.

Bongiovanni is accused of blocking investigations into Masecchia and others he believed were tied to the local Mafia and, in return, receiving at least $250,000 in bribes, prosecutors say.

Gerace's defense counsel argues that including in a joint trial charges against Bongiovanni that relate only to Bongiovanni's alleged conduct with Masecchia is improper.

Grand jury excerpts appended to a prosecution court filing show "outrageously prejudicial hearsay evidence admitted against Mr. Gerace," according to Gerace's legal team.

In a court filing, prosecutors for the U.S. Attorney's Office said their proof at trial will establish that Gerace has held himself out as being associated with Italian organized crime – or at least was aware that others believed he was.

"For example, one witness from Pharaohs testified in grand jury that she heard Gerace refer to himself as a member of 'the mafia,' " according to the prosecution's filing that urged against separating the cases."