UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------X
UNITED STATES OF AMERICA - against -
ANTHONY CASSO,
also known as “Gaspipe,”
Defendant. -------------------------------X
Docket No. 90–CR–446 (S-4) (FB)
THE GOVERNMENT’S MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANT’S MOTION FOR COMPASSIONATE RELEASE
Keith D. Edelman Assistant U.S. Attorney
(Of Counsel)
SETH D. DUCHARME Acting United States Attorney Eastern District of New York 271 Cadman Plaza East Brooklyn, New York 11201

PRELIMINARY STATEMENT
The defendant Anthony “Gaspipe” Casso pleaded guilty to 74 counts of
conviction—specifically, racketeering and racketeering conspiracy, 16 counts of conspiracy to commit murder in-aid-of racketeering, 11 counts of substantive murder in-aid-of racketeering, 34 counts of bribing labor officials, one count of conspiracy to bribe labor officials, five counts of conspiracy to commit extortion, and one count of conspiracy to defraud the United States. Following his failed cooperation – which involved assaulting a fellow inmate, smuggling in contraband, bribing Bureau of Prisons officials, and providing false information to try to discredit other cooperating witnesses – this Court sentenced the defendant to 13 concurrent terms of life in prison.
Casso now requests that the Court release him because he
Although the government does not diminish the seriousness of it respectfully submits that Casso cannot establish any “extraordinary and compelling” circumstances warranting relief. Even if he could, Casso – who admitted to committing over 25 murders – poses a danger to the community if his health situation improves. Finally, because the applicable sentencing factors in 18 U.S.C. § 3553(a) weigh against release – most notably the nature and circumstances of the offenses, the need to protect the community from further crimes by Casso, and the need to promote respect for the law and provide just punishment for the offense – the motion for early release must be denied and Casso should continue to serve the sentence
originally contemplated, required by statute, and imposed by the Court – life in prison.
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BACKGROUND
I. The Offenses of Conviction
As this Court is well aware, on April 12, 1993, a grand jury in the Eastern District
of New York returned a 72-count superseding indictment (the “Indictment”) charging Casso and others with violating the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(c)-(d), in connection with their membership in and leadership of the Luchese organized crime family of La Cosa Nostra (the “Luchese crime family”). On March 1, 1994, Casso pleaded guilty, pursuant to a cooperation agreement, to Counts One, Two, and Five through Seventy-Two of the Indictment. (See ECF Dkt. No. 475). As Casso has admitted, since approximately 1978, Casso was associated with the Luchese crime family, eventually rising the ranks from soldier to captain, consigliere and, beginning in approximately 1990, underboss, supporting boss Vittorio “Vic” Amuso. (See Presentence Investigation Report (“PSR”) ¶ 37).
Set forth below is a brief summary of the murders Casso committed, or ordered to be committed, that were set forth in the Indictment:
 Murder of Angelo Sigona (Racketeering Act 2, Counts 5 and 6): Angelo Sigona dated the daughter of Casso’s neighbor. The neighbor approached Casso to ask Casso to kill Sigona because his daughter did not want to date Sigona any longer, and because Sigona continued to harass her. Casso received permission from Amuso to kill Sigona, and assigned the murder contract to captain Peter Chiodo, who in turn assigned it to Richard Pagliarulo and Michael DeSantis. On December 7, 1988, Sigona was discovered shot to death in a car in Brooklyn. (See PSR ¶ 45).
 Murder of Michael Pappadio (Racketeering Act 3, Counts 7 and 8): Michael Pappadio was a long-time member of the Luchese crime family. For many years, Pappadio had monitored the Luchese crime family’s interest in the garment district. Pappadio’s job was to monitor labor racketeering, extortion, and loansharking operations within the district. Sidney Lieberman was a Luchese crime family associate who was close to Casso and Amuso.
In 1988, a dispute emerged between Pappadio and Lieberman, each accusing the other of taking business from the Luchese crime family. Pappadio complained that Lieberman was trying to push him (Pappadio) out of the garment district. At a
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subsequent meeting between Casso, Amuso, and others, Pappadio was told by Amuso and Casso to stop causing problems in the garment district. After Pappadio continued to refuse directions from Amuso and Casso, they, together with others, planned to kill Pappadio.
On May 13, 1989, Pappadio was lured to a Crown Bagel in Queens. When he entered, Alphonse D’Arco hit him several times, and Luchese crime family member George Zappola shot Pappadio in the head multiple times. Pappadio was then placed in a body bag and put in Zappola’s car. Zappola and D’Arco drove to Woodhaven Boulevard and Metropolitan Avenue in Queens, where they met with someone who cremated the body. After the murder, Casso and Amuso told D’Arco in a telephone conversation, “Good job.” (PSR ¶ 46-50).
 Murder of Julius Calder (Racketeering Act 4, Count 9): Ralph Gigante, a high level figure in the Genovese crime family, asked Casso to locate Julius Calder so he could be killed. Casso offered to kill Calder himself, but first asked for permission from Genovese crime family boss Vincent “The Chin” Gigante, which was granted. Although Casso did not personally commit the murder, he supervised its commission, which occurred on June 2, 1989. (PSR ¶ 51).
 Murder of John Petrucelli (Racketeering Act 5, Counts 10 and 11): In 1989, Bonanno crime family associate Gus Ferrace killed Special Agent Everett Hatcher of the Drug Enforcement Administration. During the ensuing manhunt, La Cosa Nostra families decided that no one was to aid Ferrace’s escape. At one point, John Petrucelli, a Luchese crime family soldier, bragged that he was hiding Ferrace, which prompted Casso and Amuso to order that Petrucelli kill Ferrace. When Petrucelli refused, Casso and Amuso ordered the murder of Petrucelli, which occurred on September 13, 1989, when Petrucelli was shot to death outside of his apartment building. (PSR ¶ 52).
 Murder of John “Sonny” Morrissey (Racketeering Act 6A, Counts 12 and 13): John “Sonny” Morrissey was a shop steward in Local 580 of the Architectural and Ornamental Ironworkers Union, and collected Amuso’s payoffs relating to the Luchese crime family’s participation in the New York City Housing Authority windows replacement scheme (the “Windows Case”). Before Morrissey was indicted for his criminal activities, Amuso was worried he might cooperate with the government and therefore ordered he be killed. Amuso and Casso agreed and assigned the murder contract to Chiodo, who kept Casso apprised of the efforts to locate and kill Morrissey. Ultimately, on September 17, 1989, Thomas Carew and Richard Pagliarulo, under Chiodo’s supervision, shot and killed Morrissey at a land development site in New Jersey. After the first shot, Morrissey pleaded for his life, stating, “I am not a rat.” Pagliarulo and Chiodo shot Morrissey numerous times, killing him, and buried him on the land site. (PSR ¶ 59).
 Murder of Michael Salerno (Racketeering Act 9, Counts 18 and 19): Michael Salerno was a prominent member of the Luchese crime family from the Bronx who was close with boss Anthony “Tony Ducks” Corallo. After Corallo’s imprisonment
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and selection of Amuso to become boss, Casso and Amuso discovered that Salerno was stealing money from the crime family’s collection from the garbage disposal business. Casso and Amuso also discovered that Salerno was meeting with other high-level Luchese crime family members.
When Casso and Amuso fled to avoid prosecution for the “Windows Case,” they ordered that Salerno be killed to avoid him gaining power within the crime family. Casso and Amuso assigned the murder contract to D’Arco. In June 1990, Salerno was lured to an auto repair shop and shot through the heart and stabbed in the throat. (PSR ¶ 65-66).
 Murder of Bruno Facciola (Racketeering Act 10, Counts 20 and 21): Casso learned that Bruno Facciola, a Luchese crime family soldier, had become a government informant. Casso informed Amuso, who ordered that Facciola be killed. On August 24, 1990, Facciola was lured to an auto body shop. Upon realizing he was about to be killed, Facciola tried to escape but was dragged back inside and shot and stabbed to death. A dead canary was then placed in Facciola’s mouth to serve as a warning to anyone else who might attempt to cooperate with the government. After the murder, Frank Lastorino, a Luchese crime family soldier, reported back to Casso and Amuso that Facciola had been killed. (PSR ¶ 68).
 Murder of Larry Taylor and Al Visconti (Racketeering Acts 11A, 11B and 12 and Counts 22, 23 and 24): Larry Taylor and Al Visconti, Luchese crime family associates, were close friends of Bruno Facciola. Following Facciola’s murder, Taylor and Visconti planned to avenge his death. Upon learning this, Casso and Amuso ordered that Taylor and Visconti be killed. On February 5, 1991, Taylor was shot to death in his car in Brooklyn. On March 26, 1991, Visconti was shot in the head and the groin in the lobby of his apartment building in Brooklyn. (PSR ¶ 68).
 Murder of Anthony Fava (Racketeering Act 14, Counts 27 and 28). Casso and Amuso became concerned that Anthony Fava, a Luchese crime family member, could harm them if he decided to cooperate with the government. Therefore, Casso and Amuso ordered that Fava be killed, which occurred when subordinates stabbed Fava to death. (PSR ¶ 71).
 Murder of Robert Kubecka and Donald Barstow (Racketeering Acts 15A, 15B and 16, Counts 29, 30 and 31): In late 1988 and 1989, Salvatore Avellino, a Luchese crime family member, wanted Robert Kubecka and his brother-in-law Donald Barstow killed because they had rebuffed Avellino’s attempts to extort and control their carting company. Kubecka and Barstow also testified in a New York state criminal investigation regarding Avellino and the extortion; Kubecka was deposed in connection with a civil racketeering action filed in the Eastern District of New York regarding the carting industry. This deposition was not concluded. Rather, in April 1989, Avellino and others reported to Casso and Amuso that they wanted Kubecka and Barstow killed, which they claimed Corallo had authorized prior to
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his imprisonment. Casso and Amuso agreed that Kubecka and Barstow should be killed, and on August 10, 1989, they were both shot to death. (PSR ¶¶ 72-76).
In addition to this charged conduct, Casso committed myriad other offenses, including a total of over 25 murders. These include:
 Murder of Anthony Bolino: Anthony Bolino was an associate of the Colombo organized crime family of La Cosa Nostra. Casso became angry with Bolino because of a personal dispute and informed Colombo family acting boss Vic Orena that he wanted Bolino killed. Orena indicated he would “take care of it.” Casso created his own plan to kill Bolino, but did not have to carry it out because Bolino was shot to death, which Orena reported was done as a favor to Casso. (PSR ¶ 115).
 Murder of Frank Signorino: After Amuso was arrested in July 1991, he sent a message that he was worried about the testimony of cooperating witness Peter Chiodo and wanted to intimidate him by seriously hurting someone close to Chiodo. Amuso contacted Frank Lastorino, the Luchese crime family consigliere, who contacted Casso. Casso, Lastorino and others met and first considered murdering Chiodo’s uncle Frank Signorino, but Casso reported that Chiodo was not close with him. They ultimately decided that they should murder another of Chiodo’s uncles, Thomas Signorino. But when Thomas Signorino could not be located, it was decided to murder Patricia Cappazola, Chiodo’s sister. Ms. Cappazola was shot while in her car, but survived. Frank Signorino was ultimately murdered (although it was not determined if either Casso or Amsuo ordered the killing.) (PSR ¶¶ 116- 17).
 Murder of Anthony DiLapi: After Amuso became boss, he summoned Luchese crime family member Anthony DiLapi, but Amuso learned that DiLapi had gone to California. Amuso did not trust DiLapi, who had caused problems within the Luchese crime family hierarchy, and decided to kill DiLapi. Amuso and Casso directed John Petrucelli to locate DiLapi, who was in California. On February 4, 1990, other members of the Luchese crime family shot DiLapi to death. (PSR ¶ 122-123).
 Murder of Frank DeCicco: In 1986, John Gotti coordinated the murder of Paul Castellano, who was then boss of the Gambino crime family, without obtaining proper permission. As retribution, Casso wanted Gotti and Frank DeCicco, the Gambino crime family underboss under Gotti, to be killed. Casso, Amuso, and Vincent Gigante, the boss of the Genovese crime family, undertook efforts to do so after a previous attempt by Gigante had failed. On April 3, 1986, Casso and Amuso drove to near DeCicco’s car and watched Genovese crime family associate Herbie Pate, an expert in the use of explosives who created a bomb out of C-4, place a bomb on DeCicco’s car. When DeCicco entered the vehicle, Pate detonated the bomb, killing DeCicco. Ultimately, given the police presence and high profile of Gotti, a viable plan to kill him could not be executed. (PSR ¶¶ 126-28).
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 Murder of James Bishop: In 1990, James Bishop was scheduled to testify in a case against Casso. Casso therefore directed Frank Lastorino to murder Bishop. Lastorino in turn recruited others, who shot Bishop in his car using guns with silencers. (PSR ¶ 130).
 Murder of Vincent DiPietro: In 1986, Vic Orena, the Colombo crime family boss, sought permission from Casso and Amuso to murder Luchese crime family associate Vincent DiPietro over unpaid debts. Casso permitted Orena to do so, stating, “whatever you want to do . . . is okay by us.” Members of the Colombo crime family thereafter murdered DiPietro. (PSR ¶¶ 132-33).
 Murder of Vincent Albano: In the mid-1980s, Herbie Pate asked Casso and Amuso for assistance in killing Vincent Albano, a Genovese crime family associate with whom Pate had had many disagreements. Casso, Amuso and Pate came up with a plan in which Casso and Albano would meet at a pizza parlor and Casso would shoot him. Albano was successfully lured to the pizza parlor, and Casso had a gun hidden under his shirt, but there were too many witnesses and Casso did not shoot him. Several days later, Pate asked Casso to meet him, and found Albano’s dead body in a car. (Pate stated Albano had assaulted him.) Casso followed Pate to Staten Island, New York, to dispose of the body. They left the body in a car in the parking lot of a medical building; the body was not discovered for several days. (PSR ¶¶ 134-37).
 Murder of Lee Schleifer: In the mid-1970s, Christy Furnari, Luchese crime family consigliere, requested that Casso kill suspected cooperating witness Lee Schleifer. Casso lured Schleifer to a social club operated by Bonanno crime family soldier Ronnie Carlucci, where Schleifer was forced to the floor and handcuffed. Casso then drew a .22 caliber handgun equipped with a silencer and shot Schleifer to death. (PSR ¶ 141).
 Murder of Johnny Coiro and Tommy Barbusca: In the 1970s, Johnny Coiro, an associate of the Colombo crime family, had a dispute with Alphonse Persico, then a member of the Colombo crime family. Persico went to Furnari for help in killing Coiro, and because Casso and Amuso knew Coiro, they volunteered for – and were awarded – the contract to kill Coiro. Thereafter, Casso and Amuso waited for Coiro to exit a club, which he did with Tommy Barbusca. Casso drove up to them and Amuso shot both men to death with a shotgun. Casso then drove away and then abandoned the car, which had been stolen. (PSR ¶¶ 142-43).
Casso was also part of many other murder conspiracies and attempted murders throughout his years as an associate or member of the Luchese crime family, which are described in the PSR and not set forth in detail herein. Of note, Casso was a member of two murder plots aimed at government officials. Specifically, between 1992 and 1993, while Assistant United States
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Attorney (“AUSA”) Charles Rose was prosecuting Casso, a story regarding Casso’s wife was printed by the press, which included allegations of adultery by Casso’s wife, and Casso believed that AUSA Rose had leaked the story to the press. As a result, Casso directed multiple individuals, including two corrupt New York City Police Department detectives (described more below), to find AUSA Rose’s home and kill him. Several efforts were made to do so, but they could not locate AUSA Rose, and the murder never came to pass. (PSR ¶ 124).
Casso also conspired to murder the Honorable Eugene Nickerson, who was presiding over Casso’s case. To force a mistrial or at least a delay, Casso assisted members and associates of the Colombo crime family, who discussed hiring individuals to conduct surveillance on Judge Nickerson and murder him. Casso learned which commuter train stop was used by Judge Nickerson at that time and volunteered that information to the others with whom he had been discussing the murder. The plan involved murdering Judge Nickerson in the vicinity of the train station, as opposed to on the train, but it did not come to pass. (PSR ¶ 125).
Casso’s crimes were not limited to murder and included scores of other offenses, both violent and non-violent. For instance, Casso was a key participant in various extortion schemes, including the scheme to control the installation of replacement windows at New York City Housing Authority buildings (the “Windows Case”), which involved over $150 million in illegally obtained contracts as well as payoffs to labor unions. (PSR ¶¶ 77-94). Casso employed two corrupt New York City Police Department detectives, who, among other things, performed acts of murder and also gave Casso information about police activity, which, among other things, permitted him to become a fugitive in May 1990 to try to avoid prosecution for the “Windows Case.” (PSR ¶¶ 40, 159). Casso was also involved in (i) multiple attempted murders, shootings and other violent acts; (ii) multiple extortions of businesses, particularly in the carting industry;
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(iii) bribing a correctional officer by paying him $200,000 (with a promise of $800,000 more) in exchange for contraband as well as materials to be used in an escape, including civilian clothes and a key (which were provided to Casso but not used because the officer changed his mind); (iii) a separate escape plot in which Casso sought to have other Luchese crime family members attack the van carrying Casso to court (which did not come to fruition because Amuso directed it not occur); and (iv) multiple bank burglaries. (PSR ¶¶ 155-60).
II. Failed Cooperation
As mentioned above, Casso pleaded guilty to all the crimes alleged against him
pursuant to a cooperation agreement, and thereafter provided prosecutors and agents with information about crimes committed by him and others. But Casso breached his cooperation agreement in multiple ways. For instance, while incarcerated, from at least 1994 to 1997, Casso bribed prison guards to smuggle in liquor, food, and articles of clothing. (PSR ¶ 157). Casso also severely assaulted another cooperating witness, beating him while he was naked and handcuffed. (PSR ¶ 158). Casso also destroyed Bureau of Prisons property and lied about it. Finally, Casso also breached his cooperation agreement by providing false information about other witnesses who had testified in the trial against Gigante, specifically, Salvatore Gravano (former Gambino crime family underboss) and Alphonse D’Arco (former Luchese crime family acting boss).
The government ultimately breached Casso’s cooperation agreement. Casso challenged this decision, filing a motion with this Court seeking to force the government to file a motion pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e) on his behalf. On June 29, 1998, the Court denied this motion, concluding:
The government should not be required to turn a blind eye to criminal conduct by cooperating witnesses merely because such conduct, when considered in connection with past misdeeds, may not materially alter the jury’s view of such a witness, or because
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other criminals may have engaged in similar conduct. Simply put, criminal behavior by cooperators should be condemned, not condoned, and repudiation of the government’s obligations under a cooperation agreement is an effective means of delivering such an important message.
9 F. Supp. 2d 199, 206 (E.D.N.Y. 1998).

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Casso attempts to whitewash his criminal past, stating only that he was “convicted of murder [singular], racketeering, and extortion, among other crimes,” which he allows were “serious offenses” that he claims not to “downplay[].” (Mot. at 2, 17, 18). Casso does not describe the dozens of murders he committed, either personally or by directing others to do so on his behalf, and for good reason. Simply put, Casso’s crimes are more than just “serious”—they include over 25 instances of the most serious crime possible, including many against people suspected of cooperating with the government, which Casso committed as part of a violent, ongoing criminal organization. These are in addition to plots to kill a federal judge and prosecutor that thankfully never came to fruition; multiple, serious escape attempts; participating in a vast extortion and bribery scheme that netted millions in illicit proceeds; employing corrupt NYPD detectives to commit murder; fleeing from justice; providing false information about other witnesses; and, when pending sentence, violently assaulting another inmate. Therefore, the “nature and circumstances” of the offenses weigh severely against any form of compassionate release and, in the government’s estimation, alone preclude granting the instant motion. 18 U.S.C. § 3553(a)(1); see also United States v. LoCascio, 90-CR-1051 (ILG) (E.D.N.Y. July 17, 2020), ECF Dkt. No. 465, at 11 (“The § 3553 factors were not reviewed with LoCascio when he was sentenced because Congress and the United States Sentencing Guidelines required that the sentence for the crimes of murder for which he was found guilty should be imprisonment for life. The implication is fair that the Congress and the United States Sentencing Commission determined that the sentence they prescribed was not excessive and that it was just.”).
Casso also claims that his “characteristics counsel in favor of release” because he is elderly and suffering from (Mot. at 18). This recital of his history and characteristics, however, are all relatively recent and ignore
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the decades of criminal activity Casso committed, as described above. It also ignores Casso’s repeated disciplinary violations while incarcerated, which include: (i) fighting with an inmate (in December 1996); (ii) assaulting another inmate (in February 1997); (iii) fighting with another person (in January 2001); (iv) threatening bodily harm (in December 2001); (v) again threatening bodily harm (in November 2002); (vi) refusing to obey an order (in January 2006); (vii) abusing his phone privileges (in December 2008); and (viii) three times refusing a work assignment (in August and September 2019) (See Ex. B (disciplinary history)). Casso also fails to acknowledge the blatant disregard for the criminal justice system Casso displayed even after his arrest, which included trying to escape from custody, smuggling in contraband, assaulting other inmates and attempting to tamper with other criminal proceedings by lying about multiple witnesses’ testimony. For these reasons, Casso’s “history and characteristics” also weigh strongly agains

Casso and Amuso were really a sick pair. Casso driving up to the two Colombo associates and Amuso blasts them with a shotgun, that's some real cowboy stuff. Casso helped Herbert Pate murder someone, he's the same guy that built and placed the bomb that killed Fran DeCicco. I made a thread on Pate here years ago. He is a real enigma, there is next to no info on him. He is labeled as a Genovese associate. He changed his name to Herbert Pate in the 70's. I don't think he was ever charged with the DeCicco murder.

Casso was so stupid for the fact that he destroyed his gangster legacy by turning rat and didn't even regain his freedom. He still died in prison, but known forever as a rat.

Its astounding as to how many guys ( and a girl) they either killed or tried to kill. Lets not forget the guys that were thought to be rats and turned out not to be.

Using the cops was something I wonder why more NYC guys didn’t use or maybe it’s not know of.

It was Eppolito that ruined that IMO

Gaspipe was a piece of shit but the way the government picks and chooses who they believe is 100% BS.

The only reason pipe didnt get a deal was because his testimony conflicted with Gravanos

Did it also conflict with Joe Massino's, or was it Gravano only. I agree with you that they it was picking and choosing on the governments part

The Feds using the name Lucifer for call him,the reason why he wasnt turn free its due to the fact that what its did is so evil that no jury would believe to him. Casso said that should made a 25 years deal but he believed to can go out like Gravano.

This guy absolutely disgusts me. Got countless people killed. Guys were whacked just because his paranoid ass "thought" they were snitches and when push comes to shove he became a rat himself. Let him rot.

He was a despicable human being, and I am using the word human very lightly. I reread parts of his book this weekend and he makes me question my interest in the mafia. He had zero remorse for anything he did.

Casso was a maniac but Amuso wasnt far behind. Amuso killed a lot of people and I will also add this, the notion that Casso actually called the shots is bs. Amuso authorized and condoned those hits, he wasnt “manipulated” by Casso. He was just as paranoid.

Agreed but that exact same speech can be said about Gravano and he got the sweetest deal ever.

Bumping this
If you read all the books and everything on line it all says Lee Scheifler was Cassos first hit but it occurred in 1975 but it seems according to this and the papers documenting the murders that Casso along w Vic Amuso a year before that murdered Tommy Babusca and Coiro...

Upped for anyone interested in some of Cassos 36 murders that weren’t well known....